[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2011 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 7


          Parts 300 to 399

                         Revised as of January 1, 2011


          Agriculture
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2011
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register
                    A Special Edition of the Federal Register

[[Page ii]]

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[[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:
      Table of CFR Titles and Chapters........................     523
      Alphabetical List of Agencies Appearing in the CFR......     543
      List of CFR Sections Affected...........................     553

[[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, 2011), 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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

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.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed 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, 8601 Adelphi Road, College Park, MD 20740-6001, 
or call 202-741-6010.

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 Authorities 
and Rules. A list of CFR titles, chapters, subchapters, 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.

[[Page vii]]

    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.

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 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail fedreg.info@nara.gov.

SALES

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site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal-
register.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    January 1, 2011.







[[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, 1600-1759, 1760-1939, 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, 2011.

    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.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[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.................           8
302             District of Columbia; movement of plants and 
                    plant products..........................         162
305             Phytosanitary treatments....................         162
318             State of Hawaii and territories quarantine 
                    notices.................................         176
319             Foreign quarantine notices..................         201
322             Bees, beekeeping byproducts, and beekeeping 
                    equipment...............................         362
330             Federal plant pest regulations; general; 
                    plant pests; soil, stone, and quarry 
                    products; garbage.......................         375
331             Possession, use, and transfer of select 
                    agents and toxins.......................         394
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.............................         405
351             Importation of plants or plant products by 
                    mail....................................         423
352             Plant quarantine safeguard regulations......         425
353             Export certification........................         437
354             Overtime services relating to imports and 
                    exports; and user fees..................         447
355             Endangered species regulations concerning 
                    terrestrial plants......................         473
356             Forfeiture procedures.......................         479
360             Noxious weed regulations....................         483
361             Importation of seed and screenings under the 
                    Federal Seed Act........................         490
370             Freedom of information......................         507
371             Organization, functions, and delegations of 
                    authority...............................         508
372             National Environmental Policy Act 
                    implementing procedures.................         514

[[Page 6]]

380             Rules of practice governing proceedings 
                    under certain acts......................         519
381-399         [Reserved]

[[Page 7]]



PART 300_INCORPORATION BY REFERENCE--Table of Contents



               Subpart_Materials Incorporated by Reference

Sec.
300.1 [Reserved]
300.2 Dry Kiln Operator's Manual.
300.3 Reference Manual A.
300.4 Reference Manual B.
300.5 International Standards for Phytosanitary Measures.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 
371.3.

    Source: 67 FR 8463, Feb. 25, 2002, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 300 appear at 69 FR 
18803, Apr. 9, 2004.



Sec. 300.1  [Reserved]



Sec. 300.2  Dry Kiln Operator's Manual.

    (a) 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.
    (b) 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.
    (c) Availability. Copies of the Dry Kiln Operator's Manual:
    (1) Are available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; or
    (2) 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.



Sec. 300.3  Reference Manual A.

    (a) The Reference Manual for Administration, Procedures, and 
Policies of the National Seed Health System, which was published on 
February 25, 2000, by the National Seed Health System (NSHS), 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.
    (b) Availability. Copies of Reference Manual A:
    (1) Are available for inspection at the APHIS Library, U.S. 
Department of Agriculture, 4700 River Road, Riverdale, MD or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.



Sec. 300.4  Reference Manual B.

    (a) The Reference Manual for Seed Health Testing and Phytosanitary 
Field Inspection Methods, which was published on February 27, 2001, by 
the National Seed Health System (NSHS), 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.
    (b) Availability. Copies of Reference Manual B:
    (1) Are available for inspection at the APHIS Library, U.S. 
Department of Agriculture, 4700 River Road, Riverdale, MD or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
    (2) May be obtained by writing to Phytosanitary Issues Management,

[[Page 8]]

Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.



Sec. 300.5  International Standards for Phytosanitary Measures.

    (a) The International Standards for Phytosanitary Measures 
Publication No. 4, ``Requirements for the Establishment of Pest Free 
Areas,'' which was published February 1996 by the International Plant 
Protection Convention of the United Nations' Food and Agriculture 
Organization 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.
    (b) Availability. Copies of International Standards for 
Phytosanitary Measures Publication No. 4:
    (1) Are available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/standards/.

[68 FR 37915, June 25, 2003]



PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents



              Subpart_Preemption and Special Need Requests

Sec.
301.1 Purpose and scope.
301.1-1 Definitions.
301.1-2 Criteria for special need requests.
301.1-3 Action on special need requests.

                 Subpart_Imported Plants and Plant Parts

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

                           Subpart_Fruit Flies

301.32 Restrictions on interstate movement of regulated articles.
301.32-1 Definitions.
301.32-2 Regulated articles.
301.32-3 Quarantined areas.
301.32-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.32-5 Issuance and cancellation of certificates and limited permits.
301.32-6 Compliance agreements and cancellation.
301.32-7 Assembly and inspection of regulated articles.
301.32-8 Attachment and disposition of certificates and limited permits.
301.32-9 Costs and charges.
301.32-10 Treatments.

                         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.
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.

[[Page 9]]

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 and management method.

                     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_Emerald Ash Borer

301.53-1 Definitions.
301.53-2 Regulated articles.
301.53-3 Quarantined areas.
301.53-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.53-5 Issuance and cancellation of certificates and limited permits.
301.53-6 Compliance agreements and cancellation.
301.53-7 Assembly and inspection of regulated articles.
301.53-8 Attachment and disposition of certificates and limited permits.
301.53-9 Costs and charges.

                   Subpart_South American Cactus Moth

301.55 Restrictions on interstate movement of regulated articles.
301.55-1 Definitions.
301.55-2 Regulated articles.
301.55-3 Quarantined areas.
301.55-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.55-5 Issuance and cancellation of certificates and limited permits.
301.55-6 Compliance agreements and cancellation.
301.55-7 Assembly and inspection of regulated articles.
301.55-8 Attachment and disposition of certificates and limited permits.
301.55-9 Costs and charges.

[[Page 10]]

                            Subpart_Plum Pox

301.74 Restrictions on interstate movement of regulated articles.
301.74-1 Definitions.
301.74-2 Regulated articles.
301.74-3 Quarantined areas.
301.74-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.74-5 Compensation.

                          Subpart_Citrus Canker

                  Notice of Quarantine and Regulations

301.75-1 Definitions.
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 nursery stock from a 
          quarantined area.
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 [Reserved]
301.75-12 Certificates and limited permits.
301.75-13 Compliance agreements.
301.75-14 Costs and charges.
301.75-15 Funds for the replacement of commercial citrus trees.
301.75-16 Payments for the recovery of lost production income.
301.75-17 Funds for the replacement of certified citrus nursery stock.

            Subpart_Citrus Greening and Asian Citrus Psyllid

301.76 Restrictions on the interstate movement of regulated articles.
301.76-1 Definitions.
301.76-2 Regulated articles for Asian citrus psyllid and citrus 
          greening.
301.76-3 Quarantined areas; citrus greening and Asian citrus psyllid.
301.76-4 Labeling requirements for regulated nursery stock produced 
          within an area quarantined for citrus greening.
301.76-5 General conditions governing the issuance of any certificate or 
          limited permit; provisions for cancellation of a certificate 
          or limited permit.
301.76-6 Additional conditions for issuance of certificates and limited 
          permits for regulated articles moved interstate from areas 
          quarantined only for Asian citrus psyllid, but not for citrus 
          greening.
301.76-7 Additional conditions for issuance of certificates and limited 
          permits for regulated articles moved interstate from areas 
          quarantined for citrus greening.
301.76-8 Compliance agreements and cancellation.
301.76-9 Inspection of regulated nursery stock.
301.76-10 Attachment and disposition of certificates and limited 
          permits.
301.76-11 Costs and charges.

                            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.
301.81-11 Imported fire ant detection, control, exclusion, and 
          enforcement program for nurseries producing containerized 
          plants.

Subpart--Unshu Oranges [Reserved]

[[Page 11]]

                         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.

                       Subpart--Pale Cyst Nematode

301.86 Restrictions on interstate movement of regulated articles.
301.86-1 Definitions.
301.86-2 Regulated articles.
301.86-3 Quarantined areas.
301.86-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.86-5 Issuance and cancellation of certificates and limited permits.
301.86-6 Compliance agreements and cancellation.
301.86-7 Assembly and inspection of regulated articles.
301.86-8 Attachment and disposition of certificates and limited permits.
301.86-9 Costs and charges.

                       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 [Reserved]

                           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, disinfection, and disposal.
301.89-13--14 [Reserved]
301.89-15 Compensation for growers, handlers, and seed companies in the 
          1999-2000 and subsequent crop seasons.
301.89-16 Compensation for grain storage facilities, flour millers, 
          National Survey participants, and certain custom harvesters 
          and equipment owners or lessees for the 1999-2000 and 
          subsequent 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_Phytophthora Ramorum

301.92 Restrictions on interstate movement.
301.92-1 Definitions.

[[Page 12]]

301.92-2 Restricted, regulated, and associated articles; lists of proven 
          hosts and associated plant taxa.
301.92-3 Quarantined and regulated areas.
301.92-4 Conditions governing the interstate movement of regulated, 
          restricted, and associated articles, and non-host nursery 
          stock from quarantined and regulated areas.
301.92-5 Issuance and cancellation of certificates.
301.92-6 Compliance agreements and cancellation.
301.92-7 Availability of inspectors; assembly for inspection.
301.92-8 Attachment and disposition of certificates and recordkeeping.
301.92-9 Costs and charges.
301.92-10 [Reserved]
301.92-11 Inspection and sampling protocols.
301.92-12 Testing protocols.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 
371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under 
Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 
note).



              Subpart_Preemption and Special Need Requests

    Source: 73 FR 63064, Oct. 23, 2008, unless otherwise noted.



Sec. 301.1  Purpose and scope.

    (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not impose prohibitions or 
restrictions upon the movement in interstate commerce of articles, means 
of conveyance, plants, plant products, biological control organisms, 
plant pests, or noxious weeds if the Secretary has issued a regulation 
or order to prevent the dissemination of the biological control 
organism, plant pest, or noxious weed within the United States. The only 
exceptions to this are:
    (1) If the prohibitions or restrictions issued by the State or 
political subdivision of a State are consistent with and do not exceed 
the regulations or orders issued by the Secretary, or
    (2) If the State or political subdivision of a State demonstrates to 
the Secretary and the Secretary finds that there is a special need for 
additional prohibitions or restrictions based on sound scientific data 
or a thorough risk assessment.
    (b) The regulations in this subpart provide for the submission and 
consideration of special need requests when a State or a political 
subdivision of a State seeks to impose prohibitions or restrictions on 
the movement in interstate commerce of articles, means of conveyance, 
plants, plant products, biological control organisms, plant pests, or 
noxious weeds that are in addition to the prohibitions or restrictions 
imposed by this part or by a Federal Order.



Sec. 301.1-1  Definitions.

    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 
Agriculture.
    Biological control organism. Any enemy, antagonist, or competitor 
used to control a plant pest or noxious weed.
    Interstate commerce. Trade, traffic, or other commerce
    (1) From one State into or through any other State or
    (2) Within the District of Columbia, Guam, the Virgin Islands of the 
United States, or any other territory or possession of the United 
States.
    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.
    Noxious weed. Any plant or plant product that can directly or 
indirectly injure or cause damage to crops (including nursery stock or 
plant products), livestock, poultry, or other interests of agriculture, 
irrigation, navigation, the natural resources of the United States, the 
public health or the environment.
    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 thereof, viruses, or any 
organisms similar to or allied with any of the foregoing, or any

[[Page 13]]

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.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.1-2  Criteria for special need requests.

    (a) A special need request, as described in Sec. 301.1, may be 
generated by a State or a political subdivision of a State. If the 
request is generated by a political subdivision of a State, the request 
must be submitted to APHIS through the State. States may also 
collaborate with other States to submit multi-State special need 
requests. However, if submitted, the multi-State special need request 
must include information in sufficient detail to allow APHIS to analyze 
the impacts on each State on an individual basis. All special need 
requests must be signed by the executive official or officials or by a 
plant protection official or officials of the State(s) making the 
request and must contain the following:
    (1) Data drawn from a scientifically sound detection survey, showing 
that the biological control organism, noxious weed, or plant pest of 
concern does not exist in the State or political subdivision or, if 
already present in the State or political subdivision, the distribution 
of the biological control organism, noxious weed, or plant pest of 
concern;
    (2) If the biological control organism, noxious weed, or plant pest 
is not present in the State or political subdivision, a risk analysis or 
other scientific data showing that the biological control organism, 
noxious weed, or plant pest could enter the State or political 
subdivision and become established;
    (3) Specific information showing that, if introduced into or allowed 
to spread within the State or political subdivision, the biological 
control organism, noxious weed, or plant pest would harm or injure the 
environment or agricultural resources in the State or political 
subdivision. The request should contain detailed information, including 
quantitative estimates, if available, about what harm or injury would 
result from the introduction or dissemination of the biological control 
organism, noxious weed, or plant pest in the State or political 
subdivision;
    (4) Specific information showing that the State or political 
subdivision has characteristics that make it particularly vulnerable to 
the biological control organism, noxious weed, or plant pest, such as 
unique plants, diversity of flora, historical concerns, or any other 
special basis for the request for additional restrictions or 
prohibitions; and
    (5) Information detailing the proposed additional prohibitions or 
restrictions and scientific data demonstrating that the proposed 
additional prohibitions or restrictions are necessary and adequate, and 
that there is no less drastic action that is feasible and that would be 
adequate, to prevent the introduction or spread of the biological 
control organism, noxious weed, or plant pest in the State or political 
subdivision.
    (b) All special need requests must be submitted to the Deputy 
Administrator for Plant Protection and Quarantine, APHIS, USDA, Jamie L. 
Whitten Federal Building, 14th Street and Independence Avenue, SW., Room 
301-E, Washington, DC 20250.



Sec. 301.1-3  Action on special need requests.

    (a) Upon receipt of a complete special need request submitted in 
accordance with Sec. 301.1-2, APHIS will publish a notice in the 
Federal Register to inform the public of the special need request and to 
make the request and its supporting information available for review and 
comment for at least 60 days.
    (b) Following the close of the comment period, APHIS will publish 
another notice announcing the Administrator's decision to either grant 
or deny the special need request. The Administrator's determination will 
be based upon the evaluation of the information submitted by the State 
or political subdivision of a State in support of its request and would 
take into account any comments received.

[[Page 14]]

    (1) If the Administrator grants the special need request, the State 
or political subdivision of a State will be authorized to impose only 
the specific prohibitions or restrictions identified in the request and 
approved by APHIS. APHIS will coordinate with the State, or with the 
State on behalf of the political subdivision of the State, to ensure 
that the additional prohibitions or restrictions are in accord with the 
special need exception granted by the Administrator.
    (2) If the Administrator denies the special need request, the State 
or political subdivision of a State will be notified in writing of the 
reason for the denial and may submit any additional information the 
State or political subdivision of a State may have in order to request a 
reconsideration.
    (c) If granted, a special need exception will be applicable for 2 
years, at the end of which the State or political subdivision of a State 
must submit a request for renewal of the exception. A special need 
renewal request must address the same criteria as the initial request 
submitted under Sec. 301.1-2 and must show that a special need still 
exists that warrants the continuation of the special need exception. The 
renewal must be submitted no sooner than 6 months and no later than 3 
months prior to the end of the 2-year applicability period for the 
initial exception. Once a special need renewal request has been 
received, APHIS will follow the same notice and comment process outlined 
in paragraphs (a) and (b) of this section. If, by the end of the 2-year 
applicability period, the State or political subdivision of a State does 
not submit a special need renewal request, the State's or political 
subdivision's special need exception will lapse and the State or 
political subdivision of a State will have to reapply for the special 
need exception.
    (d) If the Administrator determines that there is a need for the 
withdrawal of a special need exception before the renewal date of the 
special need exception, the reasons for the withdrawal would be 
communicated to the State or to the political subdivision of the State 
and APHIS will publish a notice in the Federal Register to inform the 
public of the withdrawal of the special need exception and to make the 
information supporting the withdrawal available for review and comment 
for at least 60 days. Reasons for withdrawal of approval of a special 
need exception may include, but are not limited to, the availability of 
new scientific data or changes in APHIS regulations. Following the close 
of the comment period, APHIS will publish another notice announcing the 
Administrator's decision to either withdraw or uphold the special need 
exception. The Administrator's determination will be based upon the 
evaluation of the information submitted in support of the withdrawal and 
would take into account any comments received.

(Approved by the Office of Management and Budget under control number 
0579-0291)



                 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 
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:

[[Page 15]]

    (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_Fruit Flies

    Source: 73 FR 32432, June 9, 2008, unless otherwise noted.



Sec. 301.32  Restrictions on interstate movement of regulated articles.

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

    \1\ Permit and other requirements for the interstate movement of any 
of the fruit flies regulated under this subpart are contained in part 
330 of this chapter.
---------------------------------------------------------------------------

    (b) Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides 
that the Secretary of Agriculture may, under certain conditions, hold, 
seize, quarantine, treat, apply other remedial measures to, destroy, or 
otherwise dispose of any plant, plant pest, plant product, article, or 
means of conveyance that is moving, or has moved into or through the 
United States or interstate if the Secretary has reason to believe the 
article is a plant pest or is infested with a plant pest at the time of 
movement.



Sec. 301.32-1  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 (APHIS) 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 fruit flies 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 
packinghouse 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 this subpart.
    Core area. The area within a circle surrounding each site where 
fruit flies have been detected using a \1/2\-mile radius with the 
detection site as a center point.
    Day degrees. A unit of measurement used to measure the amount of 
heat required to further the development of fruit flies through their 
life cycle. Day-degree life cycle requirements are calculated through a 
modeling process specific for each species of fruit fly.
    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 in 
accordance with Sec. 301.32-4(c).
    Dripline. The line around the canopy of a plant.
    Fruit fly (fruit flies). The melon fruit fly, Mexican fruit fly, 
Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote 
fruit fly, or West Indian fruit fly, or other species of insects found 
in the family Tephritidae, collectively.
    Infestation. The presence of fruit flies or the existence of 
circumstances that makes it reasonable to believe that fruit flies are 
present.
    Inspector. Any employee of APHIS 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

[[Page 16]]

a compliance agreement affirms that the regulated article identified on 
the document is eligible for interstate movement in accordance with 
Sec. 301.32-5(b) 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.
    Melon fruit fly. The insect known as the melon fruit fly, Bactrocera 
cucurbitae (Coquillett), in any stage of development.
    Mexican fruit fly. The insect known as Mexican fruit fly, Anastrepha 
ludens (Loew), in any stage of development.
    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.
    Oriental fruit fly. The insect known as Oriental fruit fly, 
Bactrocera dorsalis (Hendel), in any stage of development.
    Peach fruit fly. The insect known as peach fruit fly, Anastrepha 
zonata (Saunders), in any stage of development.
    Person. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service that has been delegated 
responsibility for enforcing provisions of the Plant Protection Act and 
related legislation, quarantines, and regulations.
    Quarantined area. Any State, or any portion of a State, designated 
as a quarantined area in accordance with Sec. 301.32-3.
    Regulated article. Any article listed in Sec. 301.32-2 or otherwise 
designated as a regulated article in accordance with Sec. 301.32-2(d).
    Sapote fruit fly. The insect known as the sapote fruit fly, 
Anastrepha serpentina, in any stage of development.
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, or any other territory or possession of the United States.
    West Indian fruit fly. The insect known as the West Indian fruit 
fly, Anastrepha obliqua (Macquart), in any stage of development.



Sec. 301.32-2  Regulated articles.

    (a) In the following table, the berry, fruit, nut, or vegetable 
listed in each row in the left column is a regulated article for each of 
the fruit fly species listed in that row in the right column, unless the 
article is canned, dried, or frozen below -17.8 [deg]C (0 [deg]F):

------------------------------------------------------------------------
         Botanical name             Common name(s)         Fruit fly
------------------------------------------------------------------------
Abelmoschus esculentus =          Okra..............  Melon, Peach.
 Hibiscus esculentus.
Acca sellowiana = Feijoa          Pineapple guava...  Mediterranean,
 sellowiana.                                           Oriental, Peach.
Actinidia chinensis.............  Kiwi..............  Mediterranean.
Aegle marmelos..................  Indian bael.......  Peach.
Anacardium occidentale..........  Cashew............  Oriental.
Annona cherimola................  Cherimoya.........  Mexican, Oriental,
                                                       Peach.
Annona glabra...................  Pond-apple........  Sapote.
Annona muricata.................  Soursop...........  Melon, Oriental,
                                                       Peach.
Annona reticulata...............  Custard apple,      Melon, Mexican,
                                   Annona.             Oriental, Peach.
Annona squamosa.................  Custard apple.....  Peach.
Artocarpus altilis..............  Breadfruit........  Oriental.
Artocarpus heterophyllus........  Jackfruit.........  Oriental.
Averrhoa carambola..............  Carambola, Country  Oriental, West
                                   gooseberry.         Indian.
Benincasa hispida...............  Melon, Chinese....  Melon.
Brassica juncea.................  Mustard, leaf.....  Melon.
Brassica oleracea var. botrytis.  Cauliflower.......  Melon.
Brosimum alicastrum.............  Ram[oacute]n......  West Indian.
Byrsonima crassifolia...........  Nance.............  Sapote.
Calophyllum inophyllum..........  Alexandrian-        Oriental.
                                   laurel, Laurel.
Cananga odorata.................  Ylang-Ylang.......  Oriental.
Capsicum annum..................  Pepper, chili.....  Mediterranean,
                                                       Melon, Oriental.
Capsicum frutescens.............  Pepper, tabasco...  Mediterranean,
                                                       Melon.
Capsicum frutescens abbreviatum.  Oriental bush red   Oriental.
                                   pepper.
Capsicum frutescens var. grossum  Pepper, sweet.....  Oriental.

[[Page 17]]

 
Carica papaya...................  Papaya............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Carissa grandiflora.............  Natal plum........  Oriental.
Carissa macrocarpa..............  Natal plum........  Mediterranean.
Casimiroa edulis................  Sapote, white.....  Mediterranean.
Casimiroa greggii = Sargentia     Sargentia, yellow   Mexican.
 greggii.                          chapote.
Casimiroa spp...................  Sapote............  Mexican.
Cereus coerulescens.............  Cactus............  Oriental.
Chrysophyllum cainito...........  Star apple........  Oriental, Sapote.
Chrysophyllum oliviforme........  Caimitillo........  Oriental.
Citrofortunella japonica........  Orange, calamondin  Peach.
Citrullus colocynthis...........  Colocynth.........  Melon.
Citrullus lanatus = Citrullus     Watermelon........  Melon, Peach.
 vulgaris.
Citrullus spp...................  Melon.............  Melon.
Citrus aurantiifolia............  Lime..............  Mediterranean,
                                                       Mexican, \1\
                                                       Oriental, Peach.
Citrus aurantium................  Orange, sour......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Citrus jambhiri.................  Lemon, Rough......  Mediterranean.
Citrus latifolia................  Lime, Persian.....  Oriental.
Citrus limon....................  Lemon.............  Mediterranean, \2\
                                                       Mexican, \3\
                                                       Oriental, Peach.
Citrus limon x reticulata.......  Lemon, Meyer......  Mediterranean.
Citrus madurensis =               Orange, Panama....  Sapote.
 xCitrofortunella mitis.
Citrus maxima = Citrus grandis..  Pummelo or          Mediterranean,
                                   Shaddock.           Mexican,
                                                       Oriental, Peach.
Citrus medica...................  Citrus citron.....  Mediterranean,
                                                       Mexican, Peach.
Citrus paradisi.................  Grapefruit........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus reticulata...............  Mandarin orange,    Mediterranean,
                                   tangerine.          Mexican,
                                                       Oriental, Peach.
Citrus reticulata var. Unshu....  Orange, Unshu.....  Mediterranean,
                                                       Oriental.
Citrus reticulata x C. sinensis   Orange, king......  Mediterranean,
 = Citrus nobilis.                                     Melon, Oriental,
                                                       Peach.
Citrus reticulata x Fortunella..  Orange, calamondin  Mediterranean,
                                                       Mexican,
                                                       Oriental.
Citrus sinensis.................  Orange, sweet.....  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus spp......................  Citrus............  Sapote.
Clausena lansium................  Wampi.............  Oriental.
Coccinia spp....................  Gourds............  Melon, Peach.
Coccoloba uvifera...............  Seagrape..........  Oriental.
Coffea arabica..................  Coffee, Arabian...  Oriental.
Cresentia spp...................  Gourds............  Melon, Peach.
Cucumis melo and Cucumis melo     Cantaloupe........  Melon, Peach.
 var. Cantalupensis.
Cucumis melo var. conomon.......  Melon, oriental     Melon.
                                   pickling.
Cucumis pubescens and Cucumis     Cucurbit..........  Melon.
 trigonus.
Cucumis sativus.................  Cucumber..........  Melon, Oriental,
                                                       Peach.
Cucumis utilissimus.............  Melon, long.......  Peach.
Cucurbita maxima................  Squash............  Melon.
Cucurbita moschata..............  Pumpkin, Canada...  Melon.
Cucurbita pepo..................  Pumpkin...........  Melon.
Cydonia oblonga.................  Quince............  Mexican,
                                                       Mediterranean,
                                                       Oriental, Peach,
                                                       Sapote.
Cyphomandra betaceae............  Tomato, tree......  Melon.
Diospyros digyna................  Black sapote......  Sapote.
Diospyros discolor..............  Velvet apple......  Oriental.
Diospyros khaki.................  Japanese persimmon  Mediterranean,
                                                       Oriental.
Diospyros spp...................  Sapote............  Sapote, West
                                                       Indian.
Dovyalis hebecarpa..............  Kitembilla........  Oriental, Sapote,
                                                       West Indian.
Dracena draco...................  Dragon tree.......  Oriental.
Elaeocarpus angustifolius.......  Blue marbletree;    Peach.
                                   New Guinea
                                   quandong.
Elaeocarpus grandiflorus........  Lily of the valley  Peach.
                                   tree.
Elaeocarpus madopetalus.........  Ma-kok-nam........  Peach.
Eriobotrya japonica.............  Loquat............  Mediterranean,
                                                       Oriental, Peach,
                                                       West Indian.
Eugenia brasiliensis = E.         Brazil-cherry,      Mediterranean,
 dombeyi.                          grumichama.         Oriental, Peach.
Eugenia malaccensis.............  Malay apple.......  Oriental.
Eugenia uniflora................  Surinam cherry....  Mediterranean,
                                                       Oriental, Peach.
Euphoria longan.................  Longan............  Oriental.
Ficus benghalensis..............  Fig, Banyan.......  Peach.
Ficus carica....................  Fig...............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Ficus macrophylla...............  Fig, Moreton Bay..  Peach.
Ficus retusa....................  Fig, glossy leaf..  Peach.

[[Page 18]]

 
Ficus rubiginosa................  Fig, Port Jackson.  Peach.
Ficus spp.......................  Fig...............  Peach.
Fortunella japonica.............  Chinese Orange,     Mediterranean,
                                   Kumquat.            Oriental, Peach.
Garcinia celebica...............  Gourka............  Oriental.
Garcinia mangostana.............  Mangosteen........  Oriental.
Grewia asiatica.................  Phalsa............  Peach.
Jubaea chilensis = Jubaea         Syrup palm........  Oriental.
 spectabilis.
Juglans hindsii.................  Walnut............  Oriental.
Juglans regia...................  Walnut, English...  Oriental.
Juglans spp.....................  Walnut with husk..  Mediterranean.
Lablab purpureus subsp.           Bean, hyacinth....  Melon.
 purpureus = Dolichos lablab.
Lagenaria spp...................  Gourds............  Melon, Peach.
Luffa acutangula................  Gourd, ribbed or    Peach.
                                   ridged, luffa.
Luffa aegyptiaca................  Gourd, smooth       Peach.
                                   luffa, sponge.
Luffa spp.......................  Gourds............  Melon, Peach.
Luffa vulgaris..................  Gourd.............  Peach.
Lychee chinensis................  Lychee nut........  Oriental.
Lycopersicon esculentum.........  Tomato............  Mediterranean,\4\
                                                       Melon, Oriental,
                                                       Peach.
Madhuca indica = Bassia           Mahua, mowra-       Peach.
 latifolia.                        buttertree.
Malpighia glabra................  Cherry, Barbados..  Oriental, West
                                                       Indian.
Malpighia punicifolia...........  West Indian cherry  Oriental.
Malus sylvestris................  Apple.............  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Sapote,
                                                       Peach.
Mammea americana................  Mammy apple.......  Mexican, Oriental,
                                                       Peach, Sapote.
Mangifera foetida...............  Mango, Bachang....  Peach.
Mangifera indica................  Mango.............  All.
Mangifera odorata...............  Kuine.............  Peach.
Manilkara hexandra..............  Sapodilla, balata.  Peach.
Manilkara jaimiqui subsp.         Sapodilla, wild...  Peach.
 emarginata.
Manilkara zapota................  Sapodilla, chiku..  Oriental, Peach,
                                                       Sapote, West
                                                       Indian.
Mimusops elengi.................  Spanish cherry....  Mediterranean,
                                                       Oriental.
Momordica balsamina.............  Balsam apple,       Peach.
                                   hawthorn.
Momordica charantia.............  Balsam pear,        Peach.
                                   bitter melon.
Momordica cochinchinensis.......  Balsam apple, gac.  Peach.
Momordica spp...................  Gourds............  Melon, Peach.
Morus nigra.....................  Mulberry..........  Oriental.
Murraya exotica.................  Mock orange.......  Mediterranean,
                                                       Oriental.
Musa x paradisiaca = Musa         Banana............  Oriental.
 paradisiaca subsp. sapientum.
Musa acuminata = Musa nana......  Banana, dwarf.....  Oriental.
Ochrosia elliptica..............  Orange, bourbon...  Peach.
Olea europea....................  Olive.............  Mediterranean.
Opuntia ficus-indica = Opuntia    Prickly pear......  Oriental.
 megacantha.
Opuntia spp.....................  Opuntia cactus....  Mediterranean.
Passiflora edulis...............  Passionflower,      Melon, Oriental,
                                   passionfruit,       West Indian.
                                   yellow lilikoi.
Passiflora laurifolia...........  Lemon, water......  Melon.
Passiflora ligularis............  Granadilla, sweet.  Oriental.
Passiflora quadrangularis.......  Granadilla, giant.  West Indian.
Passiflora tripartita var.        Passionflower,      Oriental.
 mollissima.                       softleaf.
Persea americana................  Avocado...........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach,
                                                       Sapote.
Phaseolus lunatus = Phaseolus     Bean, lima........  Melon.
 limensis.
Phaseolus vulgaris..............  Bean, mung........  Melon.
Phoenix dactylifera.............  Date palm.........  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Planchonia careya = Careya        Patana oak, kumbhi  Peach.
 arborea.
Pouteria caimito................  Abiu..............  Sapote.
Pouteria campechiana............  Eggfruit tree.....  Oriental, Sapote.
Pouteria obovata................  Lucmo.............  Sapote.
Pouteria viridis................  Sapote, green.....  Sapote.
Prunus americana................  Plum, American....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus armeniaca................  Apricot...........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus avium....................  Sweet cherry......  Mediterranean,
                                                       Peach.
Prunus cerasus..................  Sour cherry.......  Mediterranean,
                                                       Peach.
Prunus domestica................  Plum, European....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus dulcis = P. amygdalus....  Almond with husk..  Mediterranean,
                                                       Peach \5\.
Prunus ilicifolia...............  Cherry, Catalina..  Oriental, Peach.
Prunus lusitanica...............  Cherry, Portuguese  Oriental, Peach.
Prunus persica..................  Peach.............  All.
Prunus persica var. nectarine...  Nectarine.........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.

[[Page 19]]

 
Prunus salicina.................  Japanese plum.....  Mediterranean,
                                                       Mexican, Peach,
                                                       West Indian.
Prunus salicina x Prunus          Methley plum......  Peach.
 cerasifera.
Psidium cattleianum.............  Strawberry guava,   Mediterranean,
                                   Cattley guava.      Melon, Oriental.
Psidium cattleianum var.          Yellow strawberry   Peach.
 cattleianum f. lucidum.           guava.
Psidium cattleianum var.          Red strawberry      Oriental, West
 littorale.                        guava.              Indian, Peach.
Psidium guajava.................  Guava.............  All.
Punica granatum.................  Pomegranate.......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Pyrus communis..................  Pear..............  All.
Pyrus pashia....................  Kaeuth............  Peach.
Pyrus pyrifolia.................  Pear, sand........  Peach.
Rhodomyrtus tomentosa...........  Myrtle, downy rose  Oriental.
Sandoricum koetjape.............  Santol............  Oriental.
Santalum album..................  Sandalwood, white.  Oriental.
Santalum paniculatum............  Sandalwood........  Oriental.
Sapotaceae......................  Sapota, Sapodilla.  Mexican.
Sechium edule...................  Chayote...........  Melon.
Sesbania grandiflora............  Scarlet wisteria    Melon.
                                   tree.
Sicyes sp.......................  Cucumber, bur.....  Melon.
Solanum aculeatissimum..........  Nightshade........  Peach.
Solanum mauritianum = S.          Tobacco, wild.....  Peach.
 auriculatum.
Solanum melongena...............  Eggplant..........  Mediterranean, \6\
                                                       Melon, Peach.
Solanum muricatum...............  Pepino............  Oriental, Peach.
Solanum pseudocapsicum..........  Jerusalem cherry..  Oriental, Peach.
Solanum seaforthianum...........  Nightshade,         Peach.
                                   Brazilian.
Solanum verbascifolium..........  Nightshade,         Peach.
                                   Mullein.
Spondias dulcis = Spondias        Otaheite apple,     Oriental, West
 cytherea.                         Jew plum.           Indian.
Spondias mombin.................  Hog-plum..........  Sapote, West
                                                       Indian.
Spondias purpurea...............  Red mombin........  Sapote, West
                                                       Indian.
Spondias spp....................  Spanish plum,       Mexican.
                                   purple mombin or
                                   Ciruela.
Spondias tuberose...............  Imbu..............  Oriental.
Syzygium aquem..................  Water apple,        Peach.
                                   watery roseapple.
Syzygium cumini.................  Java plum,          Peach.
                                   jambolana.
Syzygium jambos = Eugenia jambos  Rose apple........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach,
                                                       West Indian.
Syzygium malaccense = Eugenia     Mountain apple,     Mediterranean,
 malaccensis.                      Malay apple.        Peach, West
                                                       Indian.
Syzygium samarangense...........  Java apple........  Peach.
Terminalia bellirica............  Myrobalan,          Peach.
                                   belleric.
Terminalia catappa..............  Tropical almond...  Oriental, Peach.
Terminalia chebula..............  Myrobalan, black    Mediterranean,
                                   or chebulic.        Oriental, Peach.
Thevetia peruviana..............  Yellow oleander...  Mediterranean,
                                                       Oriental.
Trichosanthis spp...............  Gourds............  Melon, Peach.
Vaccinium spp...................  Blueberry.........  Mediterranean.
Vigna unguiculata...............  Cowpea............  Melon.
Vitis spp.......................  Grapes............  Mediterranean,
                                                       Oriental.
Vitis trifolia..................  Grape.............  Melon.
Wikstroemia phillyreifolia......  Akia..............  Oriental.
Ziziphus mauritiana.............  Chinese date,       Peach.
                                   jujube.
------------------------------------------------------------------------
\1\ Sour limes are not regulated articles for Mexican fruit fly.
\2\ Only yellow lemons are regulated articles for Mediterranean fruit
  fly.
\3\ Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour
  lemon) are not regulated articles for Mexican fruit fly.
\4\ Only pink and red ripe tomatoes are regulated articles for
  Mediterranean fruit fly.
\5\ Harvested almonds with dried husks are not regulated articles for
  peach fruit fly.
\6\ Commercially produced eggplants are not regulated articles for
  Mediterranean fruit fly.

    (b) Plants of the following species in the family Curcurbitaceae are 
regulated articles for the melon fruit fly only:

Cantaloupe (Cucumis melo)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyes spp.)
Cucurbit (Cucumis pubescens and C. trigonus)
Cucurbit, wild (Cucumis trigonus)
Gherkin, West India (Cucumis angaria)
Gourds (Coccinia, Cresentia, Lagenaria, Luffa, Momordica, and 
Trichosanthis spp.)
Gourd, angled luffa (Luffa acutangula)
Gourd, balsam apple (Momordica balsaminia)
Gourd, ivy (Coccinia grandis)
Gourd, kakari (Momordica dioica)
Gourd, serpent cucumber (Trichosanthis anguina)
Gourd, snake (Trichosanthis cucumeroides)
Gourd, sponge (Luffa aegyptiaca)
Gourd, white flowered (Lagenaria siceraria)

[[Page 20]]

Melon, Chinese (Benincasa hispida)
Melon, long (Cucumis utilissimus)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Squash (Cucurbita maxima)
Watermelon (Citrullus lanatus = Citrullus vulgaris)

    (c) Soil within the dripline of the plants listed in paragraph (b) 
of this section or plants that are producing or have produced any 
article listed in paragraph (a) of this section.
    (d) Any other product, article, or means of conveyance not listed in 
paragraphs (a), (b), or (c) of this section that an inspector determines 
presents a risk of spreading fruit flies, when the inspector notifies 
the person in possession of the product, article, or means of conveyance 
that it is subject to the restrictions of this subpart.

[73 FR 32432, June 9, 2008, as amended at 75 FR 12962, Mar. 18, 2010]



Sec. 301.32-3  Quarantined areas.

    (a) Designation of quarantined areas. In accordance with the 
criteria listed in paragraph (c) of this section, the Administrator will 
designate as a quarantined area each State, or each portion of a State, 
in which a fruit fly population subject to the regulations in this 
subpart has been found by an inspector, or in which the Administrator 
has reason to believe that a fruit fly population is present, or that 
the Administrator considers necessary to quarantine because of its 
inseparability for quarantine enforcement purposes from localities in 
which a fruit fly population has been found. The Administrator will 
publish the description of the quarantined area on the Plant Protection 
and Quarantine Web site, http://www.aphis.usda.gov/plant--health/plant--
pest--info/fruit--flies/index.shtml. The description of the quarantined 
area will include the date the description was last updated and a 
description of the changes that have been made to the quarantined area. 
The description of the quarantined area may also be obtained by request 
from any local office of PPQ; local offices are listed in telephone 
directories. After a change is made to the quarantined area, we will 
publish a notice in the Federal Register informing the public that the 
change has occurred and describing the change to the quarantined area.
    (b) Designation of an area less than an entire State as a 
quarantined area. 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 fruit fly.
    (c) Criteria for designation of a State, or a portion of a State, as 
a quarantined area. A State, or a portion of a State, will be designated 
as a quarantined area when a fruit fly population has been found in that 
area by an inspector, when the Administrator has reason to believe that 
the fruit fly is present in that area, or when the Administrator 
considers it necessary to quarantine that area because of its 
inseparability for quarantine enforcement purposes from localities in 
which the fruit fly has been found.
    (d) Removal of a State, or a portion of a State, from quarantine. A 
State, or a portion of a State, will be removed from quarantine when the 
Administrator determines that sufficient time has passed without finding 
additional flies or other evidence of infestation in the area to 
conclude that the fruit fly no longer exists in that area.



Sec. 301.32-4  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 Sec. Sec. 301.32-5 and 301.32-8;
    (b) Without a certificate or limited permit if:
    (1) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is

[[Page 21]]

completely enclosed by a covering adequate to prevent access by 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; and
    (3) 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.
    (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 fruit flies; 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.
    (d) Hass avocados that are grown or packed in an area quarantined 
for Mexican or sapote fruit fly and that are moving interstate from such 
an area are subject to the following additional requirements:
    (1) Orchard sanitation and safeguarding requirements. (i) Hass 
avocado fruit that has fallen from the trees may not be included in 
field boxes of fruit to be packed for shipping.
    (ii) Harvested Hass avocados must be placed in field boxes or 
containers of field boxes that are marked to show the location of the 
orchard. The avocados must be moved from the orchard to the packinghouse 
within 3 hours of harvest or they must be protected from fruit fly 
infestation until moved.
    (iii) Hass avocados must be protected from fruit fly infestations 
during their movement from the orchard to the packinghouse and must be 
accompanied by a field record indicating the location of the orchard 
where the avocados originated.
    (2) Packinghouse requirements for Hass avocados packed within a 
quarantined area. (i) All openings to the outside of the packinghouse 
must be covered by screening with openings of not more than 1.6 mm or by 
some other barrier that prevents insects from entering the packinghouse.
    (ii) The packinghouse must have double doors at the entrance to the 
facility and at the interior entrance to the area where the avocados are 
packed.
    (iii) If the Hass avocados were grown in an orchard within the 
quarantined area, the identity of the avocados must be maintained from 
field boxes or containers to the shipping boxes in the packinghouse so 
that the avocados can be traced back to the orchard in which they were 
grown. The avocados must be packed in boxes or crates that are clearly 
marked with the identity of the grower and the packinghouse.
    (iv) Any boxes of Hass avocados packed in the quarantined area must 
be placed in a refrigerated truck or refrigerated container and remain 
in that truck or container while in transit through the quarantined 
area. Prior to leaving the packinghouse, the truck or container must be 
secured with a seal that will be broken when the truck or container is 
opened. Once sealed, the refrigerated truck or refrigerated container 
must remain unopened until it is outside the quarantined area.
    (v) Any avocados that have not been packed or loaded into a 
refrigerated truck or refrigerated container by the end of the workday 
must be kept inside the screened packinghouse.
    (3) Packinghouse requirements for Hass avocados packed outside a 
quarantined area but grown within a quarantined area. Hass avocados 
grown in an orchard within a quarantined area but packed in a 
packinghouse outside the quarantined area must meet the requirements of 
paragraph (d)(2)(iii) of this section.

(Approved by the Office of Management and Budget under control numbers 
0579-0088 and 0579-0336)

[73 FR 32432, June 9, 2008, as amended at 74 FR 31159, June 30, 2009; 75 
FR 12962, Mar. 18, 2010]

[[Page 22]]



Sec. 301.32-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate may 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 
PPQ offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.32-10; or
    (ii) Based on inspection of the premises of origin, the premises are 
free from fruit flies; or
    (iii) Based on inspection of the regulated article, the regulated 
article is free of fruit flies; or
    (iv) The regulated articles are Hass variety avocados that have been 
harvested, safeguarded, and packed in accordance with the conditions in 
Sec. 301.32-4(d); and
    (2) The regulated article will be moved through the quarantined area 
in an enclosed vehicle or will be completely enclosed by a covering 
adequate to prevent access by fruit flies; and
    (3) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of fruit flies; and
    (4) 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 \4\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \4\ See footnote 3.
---------------------------------------------------------------------------

    (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 fruit 
flies because life stages of the fruit flies 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 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of fruit flies; 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 the 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 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, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all conditions in this subpart for the use of the 
certificate or limited permit. If the withdrawal is oral, the withdrawal 
and the reasons for the withdrawal will 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.

[[Page 23]]

Rules of practice concerning a hearing will be adopted by the 
Administrator.

(Approved by the Office of Management and Budget under control numbers 
0579-0088 and 0579-0336)

[73 FR 32432, June 9, 2008, as amended at 74 FR 31160, June 30, 2009]



Sec. 301.32-6  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 is aware of this subpart, agrees to comply 
with its provisions, and agrees to comply with all the provisions 
contained in the compliance agreement. \5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Emergency and Domestic Programs, 4700 River Road Unit 134, 
Riverdale, MD 20737-1236, and from local PPQ offices, which are listed 
in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either 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 
any of the conditions of this subpart or with any of the provisions of 
the compliance agreement. 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 will be adopted by the Administrator.



Sec. 301.32-7  Assembly and inspection of regulated articles.

    (a) Any person, other than a person authorized to issue certificates 
or limited permits under Sec. 301.32-5(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 to Sec. 301.32-5(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. 301.32-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the interstate 
movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill: 
Provided, however, that if the certificate or limited permit is attached 
to the consignee's copy of the waybill, the regulated article must be 
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 
listed on the certificate or limited permit upon arrival at the location 
provided on the certificate or limited permit.

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



Sec. 301.32-9  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 normal 
business hours.

[[Page 24]]



Sec. 301.32-10  Treatments.

    Regulated articles may be treated in accordance with part 305 of 
this chapter to neutralize fruit flies. The following treatments also 
may be used for the regulated articles indicated:
    (a) Soil within the dripline of plants that are producing or have 
produced regulated articles listed Sec. 301.32(a) or (b). The following 
soil treatments may be used: Apply diazinon at the rate of 5 pounds 
active ingredient per acre to the soil within the dripline with 
sufficient water to wet the soil to at least a depth of 0.5 inch. Both 
immersion and pour-on treatment procedures are also acceptable.
    (b) Premises. Fields, groves, or areas that are located within a 
quarantined area but outside the infested core area and that produce 
regulated articles may receive regular treatments with either malathion 
or spinosad bait spray as an alternative to treating fruits and 
vegetables as provided in part 305 of this chapter. 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 
development of fruit fly egg and larvae. Determination of the time 
period must be based on the day degrees model for the specific 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.

[73 FR 32432, June 9, 2008, as amended at 75 FR 4240, Jan. 26, 2010]



                         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\
---------------------------------------------------------------------------

    \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 sections 414 and 421 of the Plant Protection Act (7 U.S.C. 
7714 and 7731).

[54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001]



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.
    Clonally propagated. Reproduced asexually through cuttings, tissue 
culture, suckers, or crown division. For the purposes of this subpart, a 
Berberis plant will be considered clonally propagated only if its parent 
stock is, or was derived from, a seed-propagated black stem rust-
resistant plant of more than 2 years' growth.
    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

[[Page 25]]

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(d) of this subpart.
    Rust-resistant plants. All plants of the genera Berberis, 
Mahoberberis, and Mahonia, 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 (a)(1) and (a)(2).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    Rust-susceptible plants. All plants of the genera Berberis, 
Mahoberberis, and Mahonia not listed as rust-resistant under Sec. 
301.38-2 (a)(1) and (a)(2).
    Regulated article. Any article listed in Sec. 301.38-2 (a)(1) 
through (a)(3) of this subpart or otherwise designated as a regulated 
article in accordance with Sec. 301.38-2(a)(4) 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; 67 FR 8178, 
Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006]



Sec. 301.38-2  Regulated articles.

    (a) The following are regulated articles: \3\
---------------------------------------------------------------------------

    \3\ Permit and other requirements for the insterstate movement of 
black stem rust organisms are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (1) All plants, seeds, fruits, and other plant parts capable of 
propagation from the following rust-resistant Berberis species and 
varieties.
 B. aggregataxB. wilsoniae 'Pirate King'
 B. 'Amstelveen'
 B. aridocalida
 B. beaniana
 B. buxifolia
 B. buxifolia nana
 B. calliantha
 B. candidula
 B. candidula 'Amstelveen'
 B. candidulaxB. verruculosa 'Amstelveen'

[[Page 26]]

 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. gagnepainii
 B. gagnepaini 'Chenault'
 B. gilgiana
 B. gladwynensis
 B. gladwynensis 'William Penn'
 B. gyalaica
 B. heterophylla
 B. horvathi
 B. hybrido-gagnepaini
 B. insignis
 B. integerrima 'Wallichs Purple'
 B. julianae
 B. julianae 'Nana'
 B. julianae 'Spring Glory'
 B. koreana
 B. koreanaxB. thunbergii hybrid Bailsel
 B. koreanaxB. thunbergii hybrid Tara
 B. lempergiana
 B. lepidifolia
 B. linearifolia
 B. linearifolia var. 'Orange King'
 B. lologensis
 B. lologensis 'Mystery Fire'
 B. manipurana
 B. media'Dual Jewel'
 B. media 'Park Jewel'
 B. media 'Red Jewel'
 B. mentorensis
 B. pallens
 B. poirettii 'BJG 073', 'MTA'
 B. potanini
 B. Renton
 B. replicata
 B. sanguinea
 B. sargentiana
 B. sikkimensis
 B. soulieana 'Claret Cascade'
 B. stenophylla
 B. stenophylla diversifolia
 B. stenophylla gracilis
 B. stenophylla irwini
 B. stenophylla nana compacta
 B. taliensis
 B. telomaica artisepala
 B. thunbergii
 B. thunbergii'Ada'
 B. thunbergii 'Admiration'
 B. thunbergii 'Amera'
 B. thunbergii 'Antares'
 B. thunbergii argenteo marginata
 B. thunbergii 'Arlene'
 B. thunbergii atropurpurea
 B. thunbergii atropurpurea erecta
 B. thunbergii atropurpurea erecta Marshalli
 B. thunbergii atropurpurea 'Golden Ring'
 B. thunbergii atropurpurea 'Intermedia'
 B. thunbergii atropurpurea 'Knight Burgundy'
B. thunbergii atropurpurea 'Moretti Select'
 B. thunbergii atropurpurea nana
 B. thunbergii atropurpurea 'Redbird'
 B. thunbergii atropurpurea 'Rose Glow'
 B. thunbergii aurea
 B. thunbergii 'Aurea Nana'
 B. thunbergii 'Bagatelle'
 B. thunbergii 'Bailgreen' (Jade Carousel\TM\)
 B. thunbergii 'Bailone'
 B. thunbergii 'Bailone' (Ruby Carousel [reg])
 B. thunbergii 'Bailtwo'
 B. thunbergii 'Bailtwo' (Burgundy Carousel [reg])
 B. thunbergii 'Benita'
 B. thunbergii 'Bonanza Gold'
 B. thunbergii 'Breval 8'
 B. thunbergii 'Celeste'
 B. thunbergii 'Chloe'
 B. thunbergii 'Concorde'
 B. thunbergii 'Crimson Ruby'
 B. thunbergii 'Crimson Pygmy'
 B. thunbergii 'Criruzam' Crimson Ruby\TM\
 B. thunbergii 'Dwarf Jewell'
 B. thunbergii 'Edda'
 B. thunbergii erecta
 B. thunbergii 'Fay'
B. thunbergii 'Fireball'
B. thunbergii 'Gail'
 B. thunbergii 'globe'
 B. thunbergii 'golden'
 B. thunbergii 'Golden Carpet'
 B. thunbergii 'Golden Devine'
 B. thunbergii 'Golden Pygmy'
 B. thunbergii 'Golden Rocket'
 B. thunbergii 'Golden Ruby'
 B. thunbergii 'Golden Torch'
 B. thunbergii 'Green Carpet'
 B. thunbergii 'Grhozam' (Green Hornet\TM\)

[[Page 27]]

 B. thunbergii 'Harlequin'
 B. thunbergii 'Helen'
 B. thunbergii 'Helmond Pillar'
 B. thunbergii 'Joyce'
 B. thunbergii 'Kasia'
 B. thunbergii 'Kobold'
 B. thunbergii 'Koren'
 B. thunbergii 'Lime Glow'
 B. thunbergii 'Lotty'
 B. thunbergii 'Lustre Green'
 B. thunbergii 'Maria'
 B. thunbergii 'Martha'
 B. thunbergii maximowiczi
 B. thunbergii 'Midruzam' Midnight Ruby\TM\
 B. thunbergii 'Mimi'
 B. thunbergii minor
 B. thunbergii 'Monlers'
 B. thunbergii 'Monomb'
 B. thunbergii 'Monry'
B. thunbergii 'Orange Rocket'
 B. thunbergii 'Painter's Palette'
 B. thunbergii 'Phoebe'
 B. thunbergii 'Pink Queen'
 B. thunbergii pluriflora
 B. thunbergii 'Pow Wow'
 B. thunbergii 'Pyruzam' (Pygmy Ruby\TM\)
 B. thunbergii 'Red Carpet'
 B. thunbergii 'Red Rocket'
 B. thunbergii 'Rosy Rocket'
 B. thunbergii 'Royal Burgundy'
 B. thunbergii 'Royal Cloak'
 B. thunbergii 'Ruth'
 B. thunbergii 'Sparkle'
B. thunbergii 'Sparkler'
 B. thunbergii 'Talago'
 B. thunbergii 'Thornless'
 B. thunbergii 'Tiny Gold'
 B. thunbergii '24kagozam' (24 Karat Gold\TM\)
 B. thunbergii 'Upright Jewell'
  B. thunbergii 'Velglozam' (Velvet Glow\TM\)
 B. thunbergii variegata
 B. thunbergii xanthocarpa
 B. thunbergiix'Bailsel' (Golden Carousel [reg])
 B. thunbergiix'Tara' (Emerald Carousel [reg])
 B. triacanthophora
 B. triculosa
 B. verruculosa
 B. virgatorum
 B. workingensis
 B. xanthoxylon
 B.xcarminea 'Pirate King'
 B.xfrikartii 'Amstelveen'
    (2) All plants, seedlings, seeds, fruits, and other plant parts 
capable of propagation from the following rust-resistant Mahoberberis 
and Mahonia species and varieties, except Mahonia cuttings for 
decorative purposes:
    (i) Genus Mahoberberis:
 M. aqui-candidula
 M. aquifolium 'Smaragd'
 M. aqui-sargentiae
 M. miethkeana
 M.x'Magic'
    (ii) Genus 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 'Undulata'
 M. aquifolium 'Winter Sun'
 M. 'Arthur Menzies'
 M. bealei
 M. 'Bokasio' Sioux
 M. 'Bokrafoot' Blackfoot
 M. dictyota
 M. fortunei
 M. 'Golden Abundance'
 M. japonica
 M. japonicaxM. lomariifolia 'Charity'
 M. lomarifolia
 M. nervosa
 M. pinnata
 M. pinnata 'Ken Hartman'
 M. piperiana
 M. pumila
 M. repens
 M.xmedia 'Charity'
 M.xmedia 'Winter Sun'
    (3) All plants, seeds, fruits, and other plant parts capable of 
propagation from rust-susceptible species and varieties of the genera 
Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for 
decorative purposes.
    (4) Any other product or article not listed in paragraphs (a)(1) 
through (a)(3) 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.
    (b) A person may request that an additional rust-resistant variety 
be added to paragraph (a)(1) or (a)(2) of this section. The person 
requesting that a rust-resistant variety be added to paragraph (a)(1) or 
(a)(2) of this section

[[Page 28]]

must provide APHIS with a description of the variety, including a 
written description and color pictures that can be used by an inspector 
to clearly identify the variety and distinguish it from other varities.

(Approved by the Office of Management and Budget under control number 
0579-0186)

[67 FR 8179, Feb. 22, 2002, as amended at 71 FR 5778, Feb. 3, 2006; 72 
FR 32167, June 12, 2007; 72 FR 72233, Dec. 20, 2007;75 FR 29193, May 25, 
2010; 75 FR 54462, Sept. 8, 2010]



Sec. 301.38-3  Protected areas.

    (a) The Administrator may designate as a protected area in paragraph 
(d) 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 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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.

[[Page 29]]

    (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 (d) 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; 71 FR 5778, Feb. 3, 2006]



Sec. 301.38-4  Interstate movement of regulated articles.

    (a) Non-protected areas. Interstate movement of regulated articles 
into or through any State or area that is not designated as a protected 
area under Sec. 301.38-3(d) is allowed without restriction under this 
subpart.
    (b) Protected areas. (1) Prohibited movement. The following 
regulated articles are prohibited from moving interstate into or through 
any protected area:
    (i) All rust-susceptible Berberis, Mahoberberis, and Mahonia plants, 
seeds, fruits, and other plant parts capable of propagation, except 
Mahonia cuttings for decorative purposes.
    (ii) All seed-propagated plants of the Berberis species and 
varieties designated as rust-resistant in Sec. 301.38-2(a)(1) of this 
subpart that are of less than 2 years' growth, and any seeds, fruits, 
and other plant parts capable of propagation from such plants.
    (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 Sec. Sec. 301.38-5 and 301.38-7 
of this subpart:
    (i) Seed-propagated plants of at least 2 years' growth, clonally 
propagated plants of any age, seeds, fruits, and other plant parts 
capable of propagation of the Berberis species and varieties designated 
as rust-resistant in Sec. 301.38-2(a)(1) of this subpart;
    (ii) Plants, seeds, fruits, and other plant parts capable of 
propagation of the Mahoberberis and Mahonia species and varieties 
designated as rust-resistant in Sec. 301.38-2(a)(2) 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.

[54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002; 71 
FR 5778, Feb. 3, 2006]



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

[[Page 30]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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 this subpart; 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.
    (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; 
67 FR 8180, Feb. 22, 2002]



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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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

[[Page 31]]

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 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 
411, 412, 414, 431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 
7712, 7714, 7751, and 7754), the Secretary of Agriculture hereby 
quarantines the States of Connecticut, Delaware, District of Columbia, 
Illinois, 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; 66 FR 21050, Apr. 27, 2001; 66 FR 37114, July 
17, 2001]



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

[[Page 32]]

limited to, awnings, tents, outdoor furniture, trailer blocks, and 
trailer skirts.
    Bark. The tough outer covering of the woody stems of trees, shrubs, 
and other woody plants as distinguished from the cambium and inner wood.
    Bark products. Products containing pieces of bark including bark 
chips, bark nuggets, bark mulch, and bark compost.
    Certificate. A Plant Protection and Quarantine-approved form, stamp, 
or document issued and signed by an inspector, or by a qualified 
certified applicator or by any other person operating in accordance with 
a compliance agreement, affirming that a specified regulated article is 
eligible for interstate movement in accordance with this subpart.
    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.
    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 
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. A person operating under a compliance agreement is not an 
inspector.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or a person 
operating under a compliance agreement affirms that the regulated 
article identified on the document is eligible for interstate movement 
in accordance with Sec. 301.45-5 only to the specified destination and 
only in accordance with the specified conditions.
    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.
    OHA document. The self-inspection checklist portion of USDA-APHIS 
Program Aid Number 1329, ``Don't Move Gypsy Moth,'' completed and signed 
by the owner of an outdoor household article (OHA) affirming that the 
owner has inspected the OHA for life stages of gypsy moth in accordance 
with the procedures in the program aid.
    Outdoor household articles. Articles associated with a household 
that have

[[Page 33]]

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) (7 U.S.C. 136i) as a certified commercial applicator in a 
category allowing use of the restricted use pesticides Spray N Kill (EPA 
Registration No. 8730-30), Ficam W (EPA Registration No. 45639-1), and 
acephate (Orthene [reg]); (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 may be obtained from 
State departments of agriculture.
---------------------------------------------------------------------------

    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 bark and bark products.
    (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 Program Manual. \2\
---------------------------------------------------------------------------

    \2\ The Gypsy Moth Program Manual may be viewed on the Internet at 
http://www.aphis.usda.gov/ppq/manuals/online--manuals.html.
---------------------------------------------------------------------------

    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; 
67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 71 FR 40878, July 
19, 2006; 72 FR 70764, Dec. 13, 2007]



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 Eradication, Suppression, and Slow the Spread alternative of 
the Final Environmental Impact Statement (FEIS) on Gypsy Moth 
Suppression and Eradication Projects that was filed with the

[[Page 34]]

United States Environmental Protection Agency on January 16, 1996; 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 designation under the criteria specified in paragraph 
(a) of this section.

[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]



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.

                                Illinois

Cook County. The entire county.
Du Page County. The entire county.
Lake County. The entire county.
McHenry County. The entire county.

                                 Indiana

Allen County. The entire county.
De Kalb County. The entire county.
Elkhart County. The entire county.
LaGrange County. The entire county.
Noble County. The entire county.
Porter County. The entire county.
St. Joseph County. The entire county.
Steuben County. The entire county.

                                  Maine

Androscoggin County. The entire county.
Aroostook County. The townships of Amity, Bancroft, Benedicta, Cary 
    Plantation, Crystal, Dyer Brook, Forkstown, Glenwood Plantation, 
    Haynesville, Hodgdon, Houlton, Island Falls, Linneus, Macwahoc 
    Plantation, Molunkus, New Limerick, North Yarmouth Academy Grant, 
    Oakfield, Orient, Reed Plantation, Sherman, Silver Ridge, Upper 
    Molunkus, Weston, T1 R5 WELS, T2 R4 WELS, T3 R3 WELS, T4 R3 WELS, 
    and TA R2 WELS.
Cumberland County. The entire county.
Franklin County. The townships of Avon, Carthage, Chesterville, Coplin 
    Plantation, Crockertown, Dallas Plantation, Davis, Farmington, 
    Freeman, Industry, Jay, Jerusalem, Kingfield, Lang, Madrid, Mount 
    Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, 
    Rangeley Plantation, Redington, Salem, Sandy River Plantation, 
    Strong, Temple, Washington, Weld,

[[Page 35]]

    Wilton, Wyman, Township 6 north of Weld, Township D and Township E; 
    and the Eustis area.
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, T1 ND, T1 R6 WELS, T1 R8 WELS, 
    T2 R8 NWP, T2 R8 WELS, T2 R9 NWP, T3 R1 NBPP, T3 R9 NWP, T5 R1 NBPP, 
    TA R7, TA R8, and TA R9; and the Patten area.
Piscataquis County. The townships of Abbot, Atkinson, Barnard, Blanchard 
    Plantation, Bowerbank, Brownville, Dover-Foxcroft, Elliotsville, 
    Greenville, Guilford, Katahdin Iron Works, Kingsbury Plantation, 
    Lakeview Plantation, Medford, Milo, Monson, Orneville, Parkman, 
    Sangerville, Sebec, Shirley, Veazie Gore, Williamsburg, Willimantic, 
    Willington, T1 R9 WELS, T2 R9 WELS, T4 R9 NWP, T5 R9 NWP, T1 R10 
    WELS, T1 R11 WELS, T7 R9 NWP, TA R10 WELS, TA R11 WELS, TB R10 WELS, 
    TB R11 WELS, and T2 R10 WELS.
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, East Moxie, Embden, Fairfield, Harmony, Hartland, 
    Highland Plantation, Lexington Plantation, Madison, Mayfield, 
    Mercer, Moscow, Moxie Gore, New Portland, Norridgewock, Palmyra, 
    Pittsfield, Pleasant Ridge Plantation, 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

    The entire State.

                              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 junction with State Road 1206; then southerly along 
this road to its intersection with U.S. Highway Business

[[Page 36]]

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.
Delaware County. The entire county.
Erie County. The entire county.
Fairfield County. The entire county.
Franklin 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.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jefferson County. The entire county.
Knox 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.
Morgan County. The entire county.
Morrow County. The entire county.
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Perry County. The entire county.
Portage 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.
Washington 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 Roanoke. The entire city.
City of Salem. 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.
Appomattox 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.

[[Page 37]]

Caroline County. The entire county.
Charles City County. The entire county.
Charlotte County. The entire county.
Chesterfield County. The entire county.
Clarke County. The entire county.
Craig 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.
Giles 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.
Montgomery 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.
Roanoke 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.
Braxton County. The entire county.
Brooke County. The entire county.
Calhoun County. The entire county.
Doddridge County. The entire county.
Gilmer County. The entire county.
Grant County. The entire county.
Greenbrier County. The entire county.
Hampshire County. The entire county.
Harrison County. The entire county.
Hancock County. The entire county.
Hardy County. The entire county.
Jackson 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.
Monroe County. The entire county.
Morgan County. The entire county.
Nicholas County. The entire county.
Ohio County. The entire county.
Pendleton County. The entire county.
Pleasants County. The entire county.
Pocahontas County. The entire county.
Preston County. The entire county.
Randolph County. The entire county.
Ritchie 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.
Wirt County. The entire county.
Wood County. The entire county.

                                Wisconsin

Adams County. The entire county.
Brown County. The entire county.
Calumet County. The entire county.

[[Page 38]]

Columbia County. The entire county.
Dane County. The entire county.
Dodge County. The entire county.
Door County. The entire county.
Florence County. The entire county.
Fond du Lac County. The entire county.
Forest County. The entire county.
Green Lake County. The entire county.
Jefferson County. The entire county.
Juneau County. The entire county.
Kenosha County. The entire county.
Kewaunee County. The entire county.
Langlade County. The entire county.
Lincoln County. The entire county.
Manitowoc County. The entire county.
Marathon County. The entire county.
Marinette County. The entire county.
Marquette County. The entire county.
Menominee County. The entire county.
Milwaukee County. The entire county.
Oconto County. The entire county.
Oneida County. The entire county.
Outagamie County. The entire county.
Ozaukee County. The entire county.
Portage County. The entire county.
Racine County. The entire county.
Rock County. The entire county.
Sauk County. The entire county.
Shawano County. The entire county.
Sheboygan County. The entire county.
Vilas County. The entire county.
Walworth County. The entire county.
Washington County. The entire county.
Waukesha County. The entire county.
Waupaca County. The entire county.
Waushara County. The entire county.
Winnebago County. The entire county.
Wood 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; 66 FR 
37114, July 17, 2001; 67 FR 41810, June 20, 2002; 69 FR 31723, June 7, 
2004; 71 FR 25064, Apr. 28, 2006; 71 FR 53547, Sept. 12, 2006; 71 FR 
66830, Nov. 17, 2006; 74 FR 48002, Sept. 21, 2009; 75 FR 78588, Dec. 16, 
2010]



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 
Sec. Sec. 301.45-5 and 301.45-8. \3\
---------------------------------------------------------------------------

    \3\ 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 
Sec. Sec. 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 
August. The articles must be safeguarded by a covering adequate to 
prevent access by any gypsy moth life stages.
    (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 bark and bark products, and 
the person

[[Page 39]]

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.

[58 FR 39423, July 23, 1993, as amended at 70 FR 33268, June 7, 2005; 71 
FR 40878, July 19, 2006; 72 FR 70764, Dec. 13, 2007]



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 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 and part 
305 of this chapter; 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.

[[Page 40]]

    (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 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; 
70 FR 33268, June 7, 2005]



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 and part 305 of this chapter. 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; 
70 FR 33268, June 7, 2005]



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

[[Page 41]]

shall be assembled at such point and in such manner as the inspector or 
qualified certified applicator designates to facilitate inspection. An 
owner who wants to move outdoor household articles interstate may self-
inspect the articles and issue an OHA document in accordance with Sec. 
301.45-5(e).

[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]



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.
    (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 State Plant Health Director 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; 
72 FR 70764, Dec. 13, 2007]



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 sections 414, 421, and 434 of the Plant Protection Act (7 
U.S.C. 7714, 7731, and 7754).

[58 FR 39423, July 23, 1993, as amended at 66 FR 21050, Apr. 27, 2001]



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 the Federal 
government as a commercial certified applicator under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) in a 
category allowing the application of restricted use pesticides.
    (2) Noncompliance with any of the provisions of this subpart or with 
stipulations agreed on in the compliance agreement between the certified 
applicator and the Administrator.
    (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

[[Page 42]]

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; 
72 FR 70764, Dec. 13, 2007]



                         Subpart_Japanese Beetle

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

                       Quarantine and Regulations



Sec. 301.48  Notice of quarantine; quarantine restrictions on interstate 

movement of regulated articles.

    (a) Pursuant to the provisions of sections 411, 412, 414, 431, and 
434 of the Plant Protection Act ( 7 U.S.C. 7711, 7712, 7714, 7751, and 
7754), the Secretary of Agriculture heretofore determined after public 
hearing to quarantine the States of Alabama, Arkansas, Connecticut, 
Delaware, Georgia, Illinois, Indiana, Iowa, 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, Colorado, Idaho, Montana, Nevada, Oregon, Utah, and 
Washington.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 
66 FR 21050, Apr. 27, 2001; 68 FR 43614, July 24, 2003; 69 FR 40534, 
July 6, 2004; 71 FR 35493, June 21, 2006]



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.

[[Page 43]]

    State Plant Regulatory Official. The authorized official of a State 
who has responsibility for the operation of the State plant regulatory 
program.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 
70 FR 33268, June 7, 2005]



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 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

[[Page 44]]

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 part 305 of this 
chapter 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 
part 305 of this chapter.
    (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 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; 70 
FR 33268, June 7, 2005]



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 sections 414, 
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) 
in accordance with instructions issued by the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996; 
66 FR 21051, Apr. 27, 2001]



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

[[Page 45]]

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.



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 sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 66 
FR 21051, Apr. 27, 2001]



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 bark products. Pieces of pine bark including bark chips, bark 
nuggets, bark mulch and bark compost.
    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

[[Page 46]]

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; 71 
FR 13925, Mar. 20, 2006]



Sec. 301.50-2  Regulated articles.

    The following are regulated articles:
    (a) Pine products (Pinus spp.), as follows: Bark products; Christmas 
trees; logs with bark attached; lumber with bark attached; nursery 
stock; 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; 65 
FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006]



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:

                               Connecticut

The entire State.

                                Illinois

Boone County. The entire county.
Bureau County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Christian County. The entire county.
Clark County. The entire county.
Coles County. The entire county.
Cook County. The entire county.
De Kalb County. The entire county.
De Witt County. The entire county.
Douglas County. The entire county.
Du Page County. The entire county.
Edgar County. The entire county.
Ford County. The entire county.
Grundy County. The entire county.
Henry County. The entire county.
Iroquois County. The entire county.
Jo Daviess County. The entire county.
Kane County. The entire county.
Kankakee County. 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 County. The entire county.
Macon County. The entire county.
Marshall County. The entire county.
Mason County. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Moultrie County. The entire county.

[[Page 47]]

Ogle County. The entire county.
Peoria County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Stephenson County. The entire county.
Tazewell County. The entire county.
Vermilion County. The entire county.
Whiteside County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.
Woodford County. The entire county.

                                 Indiana

Adams County. The entire county.
Allen County. The entire county.
Bartholomew County. The entire county.
Benton County. The entire county.
Blackford County. The entire county.
Boone County. The entire county.
Brown County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
Clinton County. The entire county.
Dearborn County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
Delaware County. The entire county.
Elkhart County. The entire county.
Fayette County. The entire county.
Fountain County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Grant County. The entire county.
Greene County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hendricks County. The entire county.
Henry County. The entire county.
Howard County. The entire county.
Huntington County. The entire county.
Jasper County. The entire county.
Jay County. The entire county.
Jennings County. The entire county.
Johnson 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.
Marion County. The entire county.
Marshall County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Owen County. The entire county.
Park County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Putnam County. The entire county.
Randolph County. The entire county.
Ripley County. The entire county.
Rush County. The entire county.
Shelby County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe County. The entire county.
Tipton County. The entire county.
Union County. The entire county.
Vermillion County. The entire county.
Vigo 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 County. The entire county.
Whitley County. The entire county.

                                  Iowa

The entire State.

                                  Maine

Androscoggin County. The entire county.
Cumberland County. The entire county.
Franklin County. The entire county.
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
Oxford County. The entire county.
Penobscot County. The entire county.
Piscataquis County. The entire county.
Sagadahoc County. The entire county.
Somerset County. The entire county.
Waldo County. The entire county.
York County. The entire county.

                                Maryland

Allegany County. The entire county.
Frederick County. The entire county.
Garrett County. The entire county.
Montgomery County. The entire county.
Washington County. The entire county.

                              Massachusetts

The entire State.

                                Michigan

The entire State.

                                Minnesota

The entire State.

                              New Hampshire

The entire State.

                               New Jersey

Bergen County. The entire county.
Cumberland County. The entire county.
Hunterdon County. The entire county.
Morris County. The entire county.
Passaic County. The entire county.
Somerset County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.

[[Page 48]]

                                New York

Albany County. The entire county.
Allegany County. The entire county.
Broome County. The entire county.
Cattaraugus County. The entire county.
Cayuga County. The entire county.
Chautauqua County. The entire county.
Chemung County. The entire county.
Chenango County. The entire county.
Clinton County. The entire county.
Columbia County. The entire county.
Cortland County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Essex County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Genesee County. The entire county.
Greene County. The entire county.
Hamilton County. The entire county.
Herkimer County. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
Livingston County. The entire county.
Madison County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Niagara County. The entire county.
Oneida County. The entire county.
Onondaga County. The entire county.
Ontario County. The entire county.
Orange County. The entire county.
Orleans County. The entire county.
Oswego County. The entire county.
Otsego County. The entire county.
Rensselaer County. The entire county.
St. Lawrence County. The entire county.
Saratoga County. The entire county.
Schenectady County. The entire county.
Schoharie County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Steuben County. The entire county.
Sullivan County. The entire county.
Tioga County. The entire county.
Tompkins County. The entire county.
Ulster County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Wyoming County. The entire county.
Yates County. The entire county.

                                  Ohio

The entire State.

                              Pennsylvania

The entire State.

                              Rhode Island

The entire State

                                 Vermont

The entire State.

                                Virginia

Clarke County. The entire county.

                              West Virginia

The entire state.

                                Wisconsin

    The entire State.

[57 FR 54496, Nov. 19, 1992]

    Editorial Note: For Federal Register citations affecting Sec. 
301.50-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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 Sec. Sec. 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:

[[Page 49]]

    (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, if 
pine bark products, produced according to the requirements of the 
management method in Sec. 301.50-10(b) 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 1 through October 31 or if the 
regulated article is pine bark products produced from a tree felled and 
debarked during the period of July 1 through October 31; 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 pine bark attached, pine lumber with bark 
attached, or pine stump from a tree felled during the period of July 1 
through October 31, or the pine bark products produced from a tree 
felled and debarked during the period of July 1 through October 31, will 
be shipped interstate from the quarantined area during the period of 
July 1 through October 31 of the same year in which the source tree was 
felled; and
    (3) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the pine 
shoot beetle; and
---------------------------------------------------------------------------

    \4\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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,

[[Page 50]]

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 conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) 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 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

[[Page 51]]

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; 66 FR 21051, Apr. 27, 2001; 71 FR 13925, Mar. 20, 2006; 75 FR 
4240, Jan. 26, 2010]



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, 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.

[[Page 52]]



Sec. 301.50-10  Treatments and management method.

    (a) Regulated articles may be treated in accordance with part 305 of 
this chapter to neutralize the pine shoot beetle.
    (b) Management method for pine bark products. The following 
procedures are authorized for use with pine bark products derived from 
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P. 
resinosa), and jack pine (P. banksiana) trees. Pine bark products will 
only be considered to have been produced in accordance with this 
management method if the following procedures are followed:
    (1) For pine bark products produced from trees felled during the 
period November 1 through March 31:
    (i) The trees must be harvested at a height of 4 inches or more 
above the duff line; and
    (ii) The trees must have been mechanically debarked with a ring 
debarker or a Rosser head debarker; and
    (iii) For Scotch pine, red pine, and jack pine, the bark must either 
be ground into pieces of 1 inch or less in diameter or composted in 
accordance with the procedure in paragraph (d)(3) of this section.
    (2) For pine bark products produced from trees felled during the 
period April 1 through June 30:
    (i) The trees must have been mechanically debarked with a ring 
debarker or a Rosser head debarker; and
    (ii) The bark must either be ground into pieces of 1 inch or less in 
size or composted in accordance with the procedure in paragraph (d)(3) 
of this section.
    (3) Composting for pine bark products for the management method in 
this paragraph (d) must be performed as follows:
    (i) The pile of pine bark to be composted must be at least 200 cubic 
yards in size; and
    (ii) The compost pile must remain undisturbed until the interior 
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at or 
over that temperature for 4 consecutive days; and
    (iii) After the 4-day period is completed, the outer layer of the 
compost pile must be removed to a depth of 3 feet; and
    (iv) A second compost pile must be started using the cover material 
previously removed as a core. Core material must be removed from the 
first pile and used to cover the second compost pile to a depth of 3 
feet; and
    (v) The second compost pile must remain undisturbed until the 
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and 
remains at or over that temperature for 4 consecutive days. After this 
4-day period, the composting procedure is complete.
    (vi) Previously composted material generated using this procedure 
may be used as cover material for subsequent compost piles. A compost 
pile that uses previously composted material must remain undisturbed 
until the interior temperature of the pile reaches 120 [deg]F (49 
[deg]C) and remains at or over that temperature for 4 consecutive days. 
After this 4-day period, the composting procedure is complete.

[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; 65 FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006; 75 
FR 4240, Jan. 26, 2010]



                     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.
    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).

[[Page 53]]

    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), 
Albizia (mimosa), Betula (birch), Celtis (hackberry), Cercidiphyllum 
(katsura), Fraxinus (ash), Platanus (sycamore), Populus (poplar), Salix 
(willow), Sorbus (mountain ash), and Ulmus (elm).
    (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; 68 
FR 26985, May 19, 2003; 75 FR 34322, June 17, 2010]



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 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

[[Page 54]]

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:

                              Massachusetts

    Worcester County. The portion of Worcester County, including the 
municipalities of Worcester, Holden, West Boylston, Boylston, and 
Shrewsbury, that is bounded by a line starting at the intersection of 
Route 140 (Grafton Circle) and Route 9 (Belmont Street) in Shrewsbury; 
then north and northwest on Route 140 through Boylston into West 
Boylston until it intersects Muddy Brook (body of water); then east 
along Muddy Brook to the Wachusett Reservoir; then along the shoreline 
of the Wachusett Reservoir in an easterly, northerly, and then westerly 
direction until it intersects the West Boylston Town boundary; then 
along the West Boylston Town boundary until it intersects Interstate 190 
at River Road; then south along Interstate 190 to Malden Street; then 
west on Malden Street to Bullard Street in Holden; then west on Bullard 
Street to Wachusett Street; then northwest on Wachusett Street to Union 
Street; then southwest on Union Street until it becomes Highland Street; 
then southwest on Highland Street to Main Street; then southeast on Main 
Street to Bailey Road; then south on Bailey Road to Chapin Road; then 
south on Chapin Road to its end; then continuing in a southeasterly 
direction to Fisher Road; then southwest on Fisher Road to Stonehouse 
Hill Road; then south on Stonehouse Hill Road to Reservoir Street; then 
southeast on Reservoir Street until it intersects the Worcester City 
boundary; then along the Worcester City boundary until it intersects 
Route 20 (Hartford Turnpike); then east on Route 20 to Lake Street, then 
north and northeast on Lake Street to Route 9 (Belmont Street), then 
east on Route 9 to the point of beginning.

                               New Jersey

    Middlesex and Union Counties. That portion of the counties, 
including the municipalities of Roselle, Elizabeth City, Linden, 
Carteret, Woodbridge, Rahway, and Clark, that is bounded by a line drawn 
as follows: Beginning at the intersection of Locust Street (County Road 
619) and West Grand Avenue (Union County 610) in Roselle, NJ; then east 
on West Grand Avenue to Chilton Street; then south on Chilton Street to 
South Street; then east on South Street to Broad Street; then south on 
Broad Street to Summer Street; then east on Summer Street to the 
Elizabeth River; then east along the Elizabeth River to the Arthur Kill; 
then south along the Arthur Kill (New Jersey and New York State border) 
to the point where Roosevelt Avenue (State Route 602) meets the Arthur 
Kill in Carteret, NJ; then south along Roosevelt Avenue to Port Reading 
Avenue (State Route 604); then west southwest along Port Reading Avenue 
to the Conrail railroad; then north and west along the Conrail railroad 
right-of-way to the NJ Transit railroad right-of-way; then north and 
northwest along the NJ Transit railroad right-of-way to the south branch 
of the Rahway River; then west along the south branch of the Rahway 
River to St. Georges Avenue (State Highway 27); then north along St. 
Georges Avenue to its intersection with the eastern border of Rahway 
River Park (Union County Park); then north along the eastern border of 
Rahway River Park to the intersection of Valley Road and Union County 
Parkway; then north along Union County Parkway to North Stiles Street; 
then northwest along North Stiles Street to Raritan Road; then northeast 
along Raritan Road to the perpendicular intersection of Raritan Road and 
the Cranford/Linden township border (144 Raritan Road); then north along 
the Cranford/Linden border to Myrtle Street; then east along Myrtle 
Street to the intersection of Amsterdam Avenue and Wood Avenue; then 
southeast along Wood Avenue to 5th Avenue; then northeast along 5th 
Avenue to Locust Street; then north along Locust Street to the point of 
beginning.

                                New York

    New York City. (1) That area in the boroughs of Manhattan, Brooklyn, 
and Queens in the City of New York that is bounded by a line beginning 
at the point where the Brooklyn Battery Tunnel intersects the Manhattan 
shoreline of the East River; then west and north along the shoreline of 
the Hudson River to Martin Luther King Jr. Boulevard; then east on 
Martin Luther King Jr. Boulevard and across the Triborough Bridge to its 
intersection with the west shoreline of Randall's and Wards Island; then 
east and south along the shoreline of Randall's and Wards Island to its 
intersection with the Triborough Bridge; then east along the Triborough 
Bridge to its intersection with the Queens shoreline; then north and

[[Page 55]]

east along the Queens shoreline to its intersection with the City of New 
York/Nassau County line; then southeast along the City of New York/
Nassau County line to its intersection with the Grand Central Parkway; 
then west on the Grand Central Parkway to the Jackie Robinson Parkway; 
then west on the Jackie Robinson Parkway to Park Lane; then south on 
Park Lane to Park Lane South; then south and west on Park Lane South to 
112th Street; then south on 112th Street to Atlantic Avenue; then west 
on Atlantic Avenue to 106th Street; then south on 106th Street to 
Liberty Avenue; then west on Liberty Avenue to Euclid Avenue; then south 
on Euclid Avenue to Linden Boulevard; then west on Linden Boulevard to 
Canton Avenue; then west on Canton Avenue to the Prospect Expressway; 
then north and west on the Prospect Expressway to the Gowanus 
Expressway; then north and west on the Gowanus Expressway to Hamilton 
Avenue and the Brooklyn Battery Tunnel; then north on Hamilton Avenue 
and the Brooklyn Battery Tunnel across the East River to the point of 
beginning.
    (2) That area in the Borough of Staten Island in the City of New 
York bounded by a line beginning at a point along the State of New York 
and the State of New Jersey border due north of the intersection of 
Richmond Terrace and Morningstar Road; then south to the intersection of 
Morningstar Road and Richmond Terrace; then southwest along Morningstar 
Road to Forest Avenue; then east along Forest Avenue to Willow Road 
East; then south and then southeast along Willow Road East to Victory 
Boulevard; then west along Victory Boulevard to Arlene Street; then 
south along Arlene Street until it becomes Park Drive North; then south 
on Park Drive North to Rivington Avenue; then east along Rivington 
Avenue to Mulberry Avenue; then south on Mulberry Avenue to Travis 
Avenue; then northwest on Travis Avenue until it crosses Main Creek; 
then along the west shoreline of Main Creek to Fresh Kills Creek; then 
along the north shoreline of Fresh Kills Creek to Little Fresh Kills 
Creek; then along the north shoreline of Little Fresh Kills Creek to the 
Arthur Kill; then west to the border of the State of New York and the 
State of New Jersey in the Arthur Kill; then north along the borderline 
of the State of New York and the State of New Jersey; then east along 
the borderline of the State of New York and the State of New Jersey 
excluding Shooters Island 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 a point where West Main 
Street intersects the west shoreline of Carlis 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 north along Wellwood Avenue 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 
South Oyster Bay; then east along the shoreline of South Oyster Bay to 
Carlis Creek; then along the west shoreline of Carlis Creek to the point 
of beginning.
    That area in the villages of Bayshore, East Islip, Islip, and Islip 
Terrace in the Town of Islip, in the County of Suffolk, that is bounded 
as follows: Beginning at a point where Route 27A intersects Brentwood 
Road; then east along Route 27A to the Southern State Parkway Heckscher 
Spur; then north and west along the Southern State Parkway Heckscher 
Spur to Carleton Avenue; then north along Carleton Avenue to the 
southern boundary of the New York Institute of Technology; then west 
along the southern boundary of the New York Institute of Technology 
through its intersection with Wilson Boulevard to Pear Street; then west 
along Pear Street through its intersection with Freeman Avenue to Riddle 
Street; then west along Riddle Street to Broadway; then south along 
Broadway to the Southern State Parkway Heckscher Spur; then west along 
the Southern State Parkway Heckscher Spur to Brentwood Road; then south 
along Brentwood Road to the point of beginning.

[62 FR 10416, Mar. 7, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
301.51-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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 Sec. Sec. 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

[[Page 56]]

    (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 conditions 
deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 
7714) \2\ to prevent the artificial spread of the Asian longhorned 
beetle; and
---------------------------------------------------------------------------

    \2\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destory, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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) It is to be moved in compliance with any additional conditions 
that the Administrator may impose under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) in order to prevent the spread of the 
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.

[[Page 57]]

    (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.

[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]



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 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

[[Page 58]]

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, California, New Mexico, 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.
    (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]

    Editorial Note: For Federal Register citations affecting Sec. 
301.52, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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:
    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.

[[Page 59]]

    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.
    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.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.52-2.
    Infestation. The presence of the pink bollworm or the existence of 
circumstances that make it reasonable to believe that pink bollworm is 
present.
    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.
    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).
    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.
    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, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    Pink bollworm. The live insect known as the pink bollworm of cotton 
(Pectinophora gossypiella Saund.), in any stage of development.
    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).
    Regulated articles. Any articles described in Sec. 301.52(b).
    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.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    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).

[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; 67 FR 34818, May 16, 2002; 70 FR 33268, June 7, 2005]



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

[[Page 60]]

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.

                               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.
    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.

                                  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, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 301.52-3  Conditions governing the interstate movement of regulated 

articles from quarantined States. \2\
---------------------------------------------------------------------------

    \2\ 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 Sec. Sec. 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

[[Page 61]]

    (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; 
70 FR 33268, June 7, 2005]



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 part 
305 of this chapter; 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 part 305 of this chapter, when upon evaluation of the circumstances 
involved in each specific case the inspector 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 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 the inspector determines that the 
holder thereof has not complied with any condition for the use of such 
document imposed by this subpart.

[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]



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

[[Page 62]]

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 the inspector 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.

[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]



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.



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 sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in 
accordance with instructions issued by the Deputy Administrator.

[32 FR 16385, Nov. 30, 1967, as amended at 66 FR 21051, Apr. 27, 2001]



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_Emerald Ash Borer

    Source: 68 FR 59088, Oct. 8, 2003, unless otherwise noted.



Sec. 301.53-1  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 that is issued for a regulated article by an 
inspector or by a person operating under a compliance agreement and that 
represents that such article is eligible for interstate movement in 
accordance with Sec. 301.53-5(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.

[[Page 63]]

    Emerald ash borer. The insect known as emerald ash borer (Agrilus 
planipennis [Coleoptera: Buprestidae]) in any stage of development.
    Infestation. The presence of the emerald ash borer or the existence 
of circumstances that make it reasonable to believe that the ash borer 
is present.
    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 or a person 
operating under a compliance agreement 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. 301.53-3(c) or otherwise designated as a quarantined area in 
accordance with Sec. 301.53-3(b).
    Regulated article. Any article listed in Sec. 301.53-2(a) or 
otherwise designated as a regulated article in accordance with Sec. 
301.53-2(b).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.53-2  Regulated articles.

    The following are regulated articles:
    (a) The emerald ash borer; firewood of all hardwood (non-coniferous) 
species; nursery stock, green lumber, and other material living, dead, 
cut, or fallen, including logs, stumps, roots, branches, and composted 
and uncomposted chips of the genus Fraxinus.
    (b) Any other article, product, or means of conveyance not listed in 
paragraph (a) of this section may be designated as a regulated article 
if an inspector determines that it presents a risk of spreading emerald 
ash borer and notifies the person in possession of the article, product, 
or means of conveyance that it is subject to the restrictions of the 
regulations.

[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005]



Sec. 301.53-3  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 emerald 
ash borer has been found by an inspector, in which the Administrator has 
reason to believe that the emerald ash borer is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities where 
emerald ash borer 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 
emerald ash borer.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria 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

[[Page 64]]

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

    The entire State.

                                 Indiana

    The entire State.

                                Kentucky

    Boone County. The entire county.
    Bourbon County. The entire county.
    Campbell County. The entire county.
    Carroll County. The entire county.
    Fayette County. The entire county.
    Franklin County. The entire county.
    Gallatin County. The entire county.
    Grant County. The entire county.
    Greenup County. The entire county.
    Harrison County. The entire county.
    Henry County. The entire county.
    Jefferson County. The entire county.
    Jessamine County. The entire county.
    Kenton County. The entire county.
    Oldham County. The entire county.
    Owen County. The entire county.
    Pendleton County. The entire county.
    Scott County. The entire county.
    Shelby County. The entire county.
    Trimble County. The entire county.
    Woodford County. The entire county.

                                Maryland

    Charles County. The entire county.
    Prince George's County. The entire county.

                                Michigan

    Upper Peninsula:
    Alger County. The entire county.
    Chippewa County. The entire county. [Note: This quarantined area 
includes tribal land of the Bay Mills Indian Community. Movement of 
regulated articles on those lands is subject to tribal jurisdiction.]
    Delta County. The entire county.
    Houghton County. The entire county.
    Keweenaw County. The entire county.
    Luce County. The entire county.
    Mackinac County. The entire county.
    Schoolcraft County. The entire county.
    Lower Peninsula: All counties, in their entirety (i.e., Alcona, 
Allegan, Alpena, Antrim, Arenac, Barry, Bay, Benzie, Berrien, Branch, 
Calhoun, Cass, Charlevoix, Cheboygan, Clare, Clinton, Crawford, Eaton, 
Emmet, Genesee, Gladwin, Grand Traverse, Gratiot, Hillsdale, Huron, 
Ingham, Ionia, Iosco, Isabella, Jackson, Kalamazoo, Kalkaska, Kent, 
Lake, Lapeer, Leelanau, Lenawee, Livingston, Macomb, Manistee, Mason, 
Mecosta, Midland, Missaukee, Monroe, Montcalm, Montmorency, Muskegon, 
Newaygo, Oakland, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Ottawa, 
Presque Isle, Roscommon, Saginaw Sanilac, St. Clair, St. Joseph, 
Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, and Wexford Counties).

                                Minnesota

    Hennepin County. The entire county.
    Houston County. The entire county.
    Ramsey County. The entire county.

                                Missouri

    Wayne County. The entire county.

                                New York

    Cattaraugus County. The entire county.
    Chautauqua County. The entire county.

                                  Ohio

    The entire State.

                              Pennsylvania

    Allegheny County. The entire county.
    Armstrong County. The entire county.
    Beaver County. The entire county.
    Butler County. The entire county.
    Indiana County. The entire county.
    Juniata County. The entire county.
    Lawrence County. The entire county.
    Mercer County. The entire county.
    Mifflin County. The entire county.
    Washington County. The entire county.
    Westmoreland County. The entire county.

                                Virginia

    City of Alexandria. The entire city.
    City of Fairfax. The entire city.
    City of Falls Church. The entire city.
    City of Manassas. The entire city.
    City of Manassas Park. The entire city.
    Arlington County. The entire county.
    Fairfax County. The entire county.
    Fauquier County. The entire county.
    Loudon County. The entire county.
    Prince William County. The entire county.

[[Page 65]]

                              West Virginia

    The entire State.

                                Wisconsin

    Brown County. The entire county.
    Crawford County. The entire county.
    Fond du Lac County. The entire county.
    Kenosha County. The entire county.
    Milwaukee County. The entire county.
    Ozaukee County. The entire county.
    Racine County. The entire county.
    Sheboygan County. The entire county.
    Vernon County. The entire county.
    Washington County. The entire county.
    Waukesha County. The entire county.

[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005; 70 FR 
10316, Mar. 3, 2005; 70 FR 62231, Oct. 31, 2005; 71 FR 29764, May 24, 
2006; 71 FR 57873, Oct. 2, 2006; 72 FR 15598, Apr. 2, 2007; 72 FR 30460, 
June 1, 2007; 74 FR 48000, Sept. 21, 2009; 75 FR 29190, May 25, 2010]



Sec. 301.53-4  Conditions governing the interstate movement of regulated 

articles from quarantined areas.

    Regulated articles may be moved interstate from a quarantined area 
only if moved under the following conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.53-5 and 301.53-8;
    (b) Without a certificate or limited permit if:
    (1) The regulated article is moved by the United States Department 
of Agriculture for experimental or scientific purposes; or
    (2) The regulated article originates outside the quarantined area 
and is moved interstate through the quarantined area under the following 
conditions:
    (i) The points of origin and destination are indicated on a waybill 
accompanying the regulated article; and
    (ii) The regulated article, if moved through the quarantined area 
during the period of May 1 through August 31 or when the ambient air 
temperature is 40 [deg]F or higher, is moved in an enclosed vehicle or 
is completely covered to prevent access by the EAB; and
    (iii) The regulated article is moved directly 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 handled at locations approved by an inspector as not posing a 
risk of infestation by emerald ash borer; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity.



Sec. 301.53-5  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 the 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 EAB, based on inspection; or the 
article or
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that, in the judgment of the inspector, prevents the regulated 
article from presenting a risk of spreading EAB; and
    (2) Is to be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 414 of the 
Plant Protection Act (7 U.S.C. 7714) \2\ in order to prevent the 
artificial spread of emerald ash borer; and
---------------------------------------------------------------------------

    \2\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 423 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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

[[Page 66]]

listed on the limited permit), and this interstate movement will not 
result in the spread of emerald ash borer because emerald ash borer 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 414 of the 
Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of 
emerald ash borer; 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. 301.53-6 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 canceled 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.

(Approved by the Office of Management and Budget under control number 
0579-0233)



Sec. 301.53-6  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 provision 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, MD 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 canceled 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.

(Approved by the Office of Management and Budget under control number 
0579-0233)

[[Page 67]]



Sec. 301.53-7  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. 301.53-5.
---------------------------------------------------------------------------

    (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.

(Approved by the Office of Management and Budget under control number 
0579-0233)



Sec. 301.53-8  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 regulated article;
    (2) The container carrying the regulated article; 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.

(Approved by the Office of Management and Budget under control number 
0579-0233)



Sec. 301.53-9  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_South American Cactus Moth

    Source: 74 FR 27073, June 8, 2009, unless otherwise noted.



Sec. 301.55  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.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized, upon probable 
cause, to stop and inspect persons and means of conveyance moving in 
interstate commerce and to hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of regulated 
articles as provided in sections 414, 421, and 434 of the Plant 
Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------



Sec. 301.55-1  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 (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Cactus plants. Any of various fleshy-stemmed plants of the botanical 
family Cactaceae.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of South American cactus moth 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, wherein the 
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 in 
accordance with Sec. 301.55-4(c).
    Infestation. The presence of the South American cactus moth or the 
existence of circumstances that makes it reasonable to believe that the 
South American cactus moth may be present.
    Inspector. Any employee of APHIS or other person authorized by the 
Administrator to perform the duties required under this subpart.

[[Page 68]]

    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. 301.55-5(b) 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.
    Plant Protection and Quarantine (PPQ). The Plant Protection and 
Quarantine program of the Animal and Plant Health Inspection Service, 
United States Department of Agriculture.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.55-3(c) or otherwise designated as a quarantined area in 
accordance with Sec. 301.55-3(b).
    Regulated article. Any article listed in Sec. 301.55-2(a) or (b), 
or otherwise designated as a regulated article in accordance with Sec. 
301.55-2(c).
    South American cactus moth. The live insect known as the South 
American cactus moth, Cactoblastis cactorum, in any life stage (egg, 
larva, pupa, adult).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.55-2  Regulated articles.

    The following are regulated articles:
    (a) The South American cactus moth, in any living stage of its 
development.\2\
---------------------------------------------------------------------------

    \2\ Permit and other requirements for the interstate movement of 
South American cactus moths are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) Cactus plants or parts thereof (excluding seeds and canned, 
preserved, or frozen pads or fruits) of the following genera: Consolea, 
Cylindropuntia, Nopalea, and Opuntia.
    (c) Any other product, article, or means of conveyance not listed in 
paragraphs (a) or (b) of this section that an inspector determines 
presents a risk of spreading the South American cactus moth, after the 
inspector provides written notification to the person in possession of 
the product, article, or means of conveyance that it is subject to the 
restrictions of this subpart.



Sec. 301.55-3  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 South 
American cactus moth has been found by an inspector, in which the 
Administrator has reason to believe that the South American cactus moth 
is present, or that the Administrator considers necessary to quarantine 
because of its inseparability for quarantine enforcement purposes from 
localities where South American cactus moth 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 be adequate to prevent the interstate spread of the South 
American cactus moth.
    (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 written 
notice of the temporary 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 will be subject to 
this subpart. As soon as practicable, the area

[[Page 69]]

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, or, in the case of publicly owned 
land, the person responsible for the management of, an area for which 
designation is terminated will be given written notice of the 
termination as soon as practicable.
    (c) The following areas are designated as quarantined areas: The 
States of Alabama, Florida, Georgia, Louisiana, Mississippi, and South 
Carolina.

[74 FR 27073, June 8, 2009, as amended at 75 FR 41074, July 15, 2010]



Sec. 301.55-4  Conditions governing the interstate movement of regulated 

articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \3\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \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 Sec. Sec. 301.555 and 301.55-8;
    (b) Without a certificate or limited permit if:
    (1) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is completely enclosed by 
a covering (such as canvas, plastic, or closely woven cloth) adequate to 
prevent access by South American cactus moths 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; and
    (3) 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.
    (c) Without a certificate or limited permit if the regulated 
articles are cactus pads and fruits for consumption from outside the 
quarantined area that are being moved in accordance with the protocols 
described in a compliance agreement (see Sec. 301.55-6(a)) to a 
commercial food warehouse or distribution center within the quarantined 
area and the regulated articles remain enclosed by a covering (such as 
canvas, plastic, or closely woven cloth) adequate to prevent access by 
South American cactus moths while within the quarantined area: and
    (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 departmental permit issued by the Administrator 
for the regulated article;
    (3) Under conditions specified on the departmental permit and found 
by the Administrator to be adequate to prevent the spread of the South 
American cactus moth; and
    (4) With a tag or label bearing the number of the departmental 
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.



Sec. 301.55-5  Issuance and cancellation of certificates and limited permits.

    (a) An inspector \4\ may issue a certificate for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \4\ Services of an inspector may be requested by contacting local 
offices of Plant Protection and Quarantine, which are listed in 
telephone directories.
---------------------------------------------------------------------------

    (1) The regulated article to be moved and all other regulated 
articles on the premises have been grown and maintained indoors in a 
shadehouse or greenhouse and no other cactus moth host material exists 
on the premises outside of a shadehouse or greenhouse;
    (2) The regulated article to be moved and all other regulated 
articles on the premises are maintained on benches that are kept 
separate from benches containing non-host material;
    (3) The regulated article to be moved and all other regulated 
articles on the premises have been placed on a 21-day insecticide spray 
cycle and have been sprayed with Bacillus thuringiensis

[[Page 70]]

subsp. kurstaki, carbaryl, spinosad, or imidaploprid if maintained in 
the nursery for longer than 21 days;
    (4) The regulated article to be moved has been sprayed with Bacillus 
thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid 3 to 
5 days prior to shipment and inspected and found free of cactus moth egg 
sticks and larval damage; and
    (5) If the regulated article was moved into the premises from 
another premises in a quarantined area listed in Sec. 301.55-3, it was 
immediately placed inside the shadehouse or greenhouse and sprayed with 
Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or 
imidaploprid within 24 hours.
    (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, 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 South 
American cactus moth because life stages of the South American cactus 
moth will be destroyed by the specified handling, processing, or 
utilization;
    (2) It is to be moved in compliance with any additional conditions 
that the Administrator may impose under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) in order to prevent the spread of the 
South American cactus moth; and
    (3) It is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) Certificates and limited permits for the 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 or limited permit for interstate 
movement of a regulated article after an inspector has determined that 
the regulated article is eligible for a certificate or limited permit in 
accordance with paragraphs (a) or (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
canceled, either orally or in writing, by an inspector whenever the 
inspector determines that the holder of the 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 canceled 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.

(Approved by the Office of Management and Budget under control number 
0579-0337)



Sec. 301.55-6  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 is aware of this subpart, agrees to comply 
with its provisions, and agrees to comply with all the provisions 
contained in the compliance agreement.\5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from 
local Plant Protection and Quarantine offices, which are listed in 
telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either 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 or the terms of the compliance agreement. 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

[[Page 71]]

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. 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 
0579-0337)



Sec. 301.55-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue limited 
permits under Sec. 301.555(c)) who desires a certificate or limited 
permit to move a regulated article interstate must request an inspector 
\6\ to examine the articles 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 4.
---------------------------------------------------------------------------

    (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. 301.55-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the interstate 
movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill. If 
the certificate or limited permit is attached to the consignee's copy of 
the waybill, the regulated article must be 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 or the carrier's 
representative to the consignee listed on the certificate or limited 
permit upon arrival at the location provided on the certificate or 
limited permit.

(Approved by the Office of Management and Budget under control number 
0579-0337)



Sec. 301.55-9  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. APHIS will not be responsible for all 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_Plum Pox

    Source: 65 FR 35264, June 2, 2000, unless otherwise noted.



Sec. 301.74  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. \1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, qurantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated articles a provided in sections 414, 421, and 434 of the Plant 
Protection Act (7 U.S.C. 7714, 7731, and 7754).

[65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.74-1  Definitions.

    The following definitions apply to this subpart.
    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 (APHIS) of the United States Department of 
Agriculture.
    Departmental permit. A document issued by the Administrator in which

[[Page 72]]

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 in 
accordance with Sec. 301.74-4 of this subpart.
    Infestation (infested, infected). The presence of plum pox or 
circumstances or symptoms that makes it reasonable to believe that plum 
pox is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, United States Department of Agriculture, or other person 
authorized by the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    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.
    Plant Protection and Quarantine. Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, United States Department of 
Agriculture.
    Plum pox. A plant disease caused by plum pox potyvirus that can 
affect many Prunus (stone fruit) species, including, but not limited to, 
almond, apricot, nectarine, peach, plum, and sweet and tart cherry. The 
strain of plum pox in Pennsylvania does not affect cherry trees.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.74-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.74-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.74-2(a) or 
otherwise designated as a regulated article in accordance with Sec. 
301.74-2(b), based on its susceptibility to the form or strain of plum 
pox detected in the quarantined area.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.74-2  Regulated articles.

    The following are regulated articles:
    (a) All plant material and plant parts of Prunus (stone fruit) 
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, except for seeds and 
fruit that is free of leaves and other plant parts. This includes, but 
is not limited to, trees, seedlings, root stock, budwood, branches, 
twigs, and leaves.
    (b) Any other product or article that an inspector determines to 
present a risk of spreading plum pox when the inspector notifies the 
person in possession of the product or article that it is subject to the 
restrictions in the regulations.



Sec. 301.74-3  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 plum pox 
has been detected through inspection and laboratory testing, or in which 
the Administrator has reason to believe that plum pox is present, or 
that the Administrator considers necessary to quarantine because of its 
inseparability for quarantine enforcement purposes from localities in 
which plum pox has been detected. Less than an entire State will be 
designated as a quarantined area 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 plum pox.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the nonquarantined 
area. Thereafter, the interstate movement of any regulated

[[Page 73]]

article from an area temporarily designated as a quarantined area will 
be 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 the quarantine designation is 
terminated will be given notice of the termination as soon as 
practicable.
    (c) The areas described below are designated as quarantined areas:

                                New York

Niagara County. (1) That area of Niagara County in the Towns of Burt, 
Newfane, and Wilson bordered on the north by Lake Ontario; bordered on 
the west by Maple Road; then south on Maple Road to Wilson-Burt Road; 
then east on Wilson-Burt Road to Beebe Road; then south on Beebe Road to 
Ide Road; then east on Ide Road to Route 78 (Lockport-Olcott Road); then 
north on Route 78 (Lockport-Olcott Road) to the Lake Ontario shoreline.
    (2) That area of Niagara County in the Town of Lewiston bordered on 
the west by Porter Center Road starting at its intersection with Route 
104 (Ridge Road); then north-northeast on Porter Center Road to Langdon 
Road; then east on Langdon Road to Dickersonville Road; then north on 
Dickersonville Road to Schoolhouse Road; then east on Schoolhouse Road 
to Ransomville Road; then south on Ransomville Road to Route 104 (Ridge 
Road); then northeast on Route 104 (Ridge Road) to Simmons Road; then 
south on Simmons Road to Albright Road; then east on Albright Road to 
Townline Road; then south on Townline Road to Lower Mountain Road; then 
west on Lower Mountain Road to Meyers Hill Road; then south on Meyers 
Hill Road to Upper Mountain Road; then west on Upper Mountain Road to 
Indian Hill Road; then northeast on Indian Hill Road to Route 104 (Ridge 
Road); then east on Route 104 (Ridge Road) to Porter Center Road.
    (3) That area of Niagara County bordered on the north by Lake 
Ontario and on the east by Keg Creek; then south on Keg Creek to Route 
18 (Lake Road); then east on Route 18 (Lake Road) to Hess Road; then 
south on Hess Road to Drake Settlement Road; then west on Drake 
Settlement Road to Transit Road; then north on Transit Road to Route 18 
(Lake Road); then west on Route 18 (Lake Road) to Lockport Olcott Road; 
then north on Lockport Olcott Road to the Lake Ontario shoreline.
Orleans County. That area of Orleans County in the Towns of Ridgeway and 
Gaines bordered on the north by Route 104 (Ridge Road) at its 
intersection with Eagle Harbor Waterport Road; then south on Eagle 
Harbor Waterport Road to Eagle Habor Knowlesville Road; then west on 
Eagle Harbor Knowlesville Road to Presbyterian Road; then southwest on 
Presbyterian Road to Longbridge Road; then south on Longbridge Road to 
State Route 31; then west on State Route 31 to Wood Road; then south on 
Wood Road to West County House Road; then west on West County House Road 
to Maple Ridge Road; then west on Maple Ridge Road to Culvert Road; then 
north on Culvert Road to Telegraph Road; then west on Telegraph Road to 
Beales Road; then north on Beales Road to Portage Road; then east on 
Portage Road to Culvert Rd; then north on Culvert Road to Route 104 
(Ridge Road).
Wayne County. (1) That area of Wayne County in the Town of Sodus 
bordered on the north by Lake Road at its intersection with Redman Road; 
then east on Lake Road to Maple Avenue; then south on Maple Avenue to 
Middle Road; then west on Middle Road to Rotterdam Road; then south on 
Rotterdam Road to State Route 104; then west on State Route 104 to Pratt 
Road; then south on Pratt Road to Ridge Road; then west on Ridge Road to 
Richardson Road; then south on Richardson Road to Tripp Road; then south 
on Tripp Road to Podger Road; then west on Podger Road to East Townline 
Road; then north on East Townline Road to Everdyke Road; then west on 
Everdyke Road to Russell Road; then south on Russell Road to Pearsall 
Road; then west on Pearsall Road to State Route 21; then north on State 
Route 21 to State Route 104; then east on State Route 104 to East 
Townline Road; then north on East Townline Road to Van Lare Road; then 
east on Van Lare Road to Redman Road; then north on Redman Road to Lake 
Road.
    (2) That area of Wayne County in the Towns of Ontario and Williamson 
bordered on the north by Shepard Road at its intersection with Fisher 
Road; then east on Shepard Road to Salmon Creek Road; then southwest on 
Salmon Creek Road to Kenyon Road; then west on Kenyon Road to Furnace 
Road; then north on Furnace Road to Putnam Road; then east on Putnam 
Road to Fisher Road; then north on Fisher Road to Shepard Road.
    (3) That area of Wayne County in the Town of Sodus bordered on the 
northeast by the Sodus Bay shoreline at Ridge Road; then west on Ridge 
Road to Boyd Road; then north on Boyd Road to Sergeant Road; then north 
on Sergeant Road to Morley Road; then east on Morley Road to State Route 
14; then south on State Route 14 to Sill Road;

[[Page 74]]

then northeast on Sill Road and continuing to the shoreline of Sodus 
Bay.

[65 FR 35264, June 2, 2000, as amended at 75 FR 81089, Dec. 27, 2010]



Sec. 301.74-4  Conditions governing the interstate movement of regulated 

articles from quarantined areas.

    The interstate movement of any regulated article from a quarantined 
area \2\ is prohibited except when:
---------------------------------------------------------------------------

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

    (a) The regulated article is moved by the United States Department 
of Agriculture:
    (1) For an experimental or scientific purpose;
    (2) Pursuant to a Departmental permit issued by the Administrator 
for the regulated article;
    (3) Under conditions specified on the Departmental permit and found 
by the Administrator to be adequate to prevent the spread of plum pox; 
and
    (4) With a tag or label bearing the number of the Departmental 
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; or
    (b) The regulated article originated outside the quarantined area 
and:
    (1) Is moved in an enclosed vehicle or is completely enclosed by a 
covering (such as canvas, plastic, or other closely woven cloth) 
adequate to prevent access by aphids or other transmission agents of 
plum pox while in the quarantined area;
    (2) The regulated article's point of origin is indicated on the 
waybill; and
    (3) The regulated article must not be uncovered, unpacked, or 
unloaded while moving through the quarantined area.



Sec. 301.74-5  Compensation.

    (a) Eligibility. The following individuals are eligible to receive 
compensation from the U.S. Department of Agriculture to mitigate losses 
or expenses incurred because of the plum pox quarantine and emergency 
actions:
    (1) Owners of commercial stone fruit orchards. Owners of commercial 
stone fruit orchards are eligible to receive compensation for losses 
associated with the destruction of trees in order to control plum pox 
pursuant to an emergency action notification issued by the Animal and 
Plant Health Inspection Service (APHIS).
    (i) Direct marketers. Orchard owners eligible for compensation under 
this paragraph who market all fruit they produce under the conditions 
described in this paragraph may receive compensation at the rates 
specified in paragraph (b)(1)(i) of this section. In order to be 
eligible to receive compensation at the rates specified in paragraph 
(b)(1)(i) of this section, orchard owners must have marketed fruit 
produced in orchards subsequently destroyed because of plum pox under 
the following conditions:
    (A) The fruit must have been sold exclusively at farmers markets or 
similar outlets that require orchard owners to sell only fruit that they 
produce;
    (B) The fruit must not have been marketed wholesale or at reduced 
prices in bulk to supermarkets or other retail outlets;
    (C) The fruit must have been marketed directly to consumers; and
    (D) Orchard owners must have records documenting that they have met 
the requirements of this section, and must submit those records to APHIS 
as part of their application submitted in accordance with paragraph (c) 
of this section.
    (ii) All other orchard owners. Orchard owners eligible for 
compensation under this paragraph who do not meet the requirements of 
paragraph (a)(1)(i) of this section are eligible for compensation only 
in accordance with paragraph (b)(1)(ii) of this section.
    (2) Owners of fruit tree nurseries. The owner of a fruit tree 
nursery will be eligible to receive compensation for net revenue losses 
associated with the prohibition on the movement or sale of nursery stock 
as a result of the issuance of an emergency action notification by APHIS 
with respect to regulated articles within the nursery in order to 
control plum pox.
    (b) Amount of payment. Upon approval of a claim submitted in 
accordance with paragraph (c) of this section, individuals eligible for 
compensation under

[[Page 75]]

paragraph (a) of this section will be paid at the rates indicated in 
this paragraph.
    (1) Owners of commercial stone fruit orchards--(i) Direct marketers. 
Owners of commercial stone fruit orchards who APHIS has determined meet 
the eligibility requirements of paragraph (a)(1)(i) of this section will 
be compensated according to the following table on a per-acre basis at a 
rate based on the age of the trees destroyed. If the trees were not 
destroyed by the date specified on the emergency action notification, 
the compensation payment will be reduced by 10 percent and by any tree 
removal costs incurred by the State or the U.S. Department of 
Agriculture (USDA). The maximum USDA compensation rate is 85 percent of 
the loss in value, adjusted for any State-provided compensation to 
ensure total compensation from all sources does not exceed 100 percent 
of the loss in value.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Maximum compensation  rate ($/       Maximum additional             Maximum additional
                                                              acre, equal to 85%  of loss    compensation ($/acre,  equal   compensation ($/acre,  equal
                    Age of trees (years)                       in value) based on  3-year   to 85% of loss in  value) for  to 85% of loss in  value) for
                                                                     fallow period                 4th fallow year                5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................                         $2,403                           $828                           $736
1..........................................................                          9,584                          1,710                          1,520
2..........................................................                         13,761                          1,710                          1,520
3..........................................................                         17,585                          1,710                          1,520
4..........................................................                         21,888                          1,710                          1,520
5..........................................................                         25,150                          1,710                          1,520
6..........................................................                         25,747                          1,710                          1,520
7..........................................................                         25,859                          1,710                          1,520
8..........................................................                         25,426                          1,710                          1,520
9..........................................................                         24,938                          1,710                          1,520
10.........................................................                         24,390                          1,710                          1,520
11.........................................................                         23,774                          1,710                          1,520
12.........................................................                         23,080                          1,710                          1,520
13.........................................................                         22,300                          1,710                          1,520
14.........................................................                         21,422                          1,710                          1,520
15.........................................................                         20,434                          1,710                          1,520
16.........................................................                         19,323                          1,710                          1,520
17.........................................................                         18,185                          1,710                          1,520
18.........................................................                         17,017                          1,710                          1,520
19.........................................................                         15,814                          1,710                          1,520
20.........................................................                         14,572                          1,710                          1,520
21.........................................................                         13,287                          1,710                          1,520
22.........................................................                         12,066                          1,710                          1,520
23.........................................................                         10,915                          1,710                          1,520
24.........................................................                          9,620                          1,710                          1,520
25.........................................................                          8,163                          1,710                          1,520
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (ii) All other orchard owners. Owners of commercial stone fruit 
orchards who meet the eligibility requirements of paragraph (a)(1)(ii) 
of this section will be compensated according to the following table on 
a per-acre basis at a rate based on the age of the trees destroyed. If 
the trees were not destroyed by the date specified on the emergency 
action notification, the compensation payment will be reduced by 10 
percent and by any tree removal costs incurred by the State or the U.S. 
Department of Agriculture (USDA). The maximum USDA compensation rate is 
85 percent of the loss in value, adjusted for any State-provided 
compensation to ensure total compensation from all sources does not 
exceed 100 percent of the loss in value.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Maximum compensation  rate ($/       Maximum additional             Maximum additional
                                                              acre, equal to 85%  of loss    compensation ($/acre,  equal   compensation ($/acre,  equal
                    Age of trees (years)                       in value) based on  3-year   to 85% of loss in  value) for  to 85% of loss in  value) for
                                                                     fallow period                 4th fallow year                5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................                         $2,403                           $828                           $736
1..........................................................                          4,805                            828                            736
2..........................................................                          7,394                            828                            736
3..........................................................                          9,429                            828                            736
4..........................................................                         12,268                            828                            736
5..........................................................                         14,505                            828                            736
6..........................................................                         14,918                            828                            736

[[Page 76]]

 
7..........................................................                         15,000                            828                            736
8..........................................................                         14,709                            828                            736
9..........................................................                         14,383                            828                            736
10.........................................................                         14,015                            828                            736
11.........................................................                         13,601                            828                            736
12.........................................................                         13,136                            828                            736
13.........................................................                         12,613                            828                            736
14.........................................................                         12,024                            828                            736
15.........................................................                         11,361                            828                            736
16.........................................................                         10,616                            828                            736
17.........................................................                          9,854                            828                            736
18.........................................................                          9,073                            828                            736
19.........................................................                          8,272                            828                            736
20.........................................................                          7,446                            828                            736
21.........................................................                          6,594                            828                            736
22.........................................................                          5,789                            828                            736
23.........................................................                          5,035                            828                            736
24.........................................................                          4,341                            828                            736
25.........................................................                          3,713                            828                            736
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) Owners of fruit tree nurseries. Owners of fruit tree nurseries 
who meet the eligibility requirements of paragraph (a)(2) of this 
section will be compensated for up to 85 percent of the net revenues 
lost from their first and second year crops as the result of the 
issuance of an emergency action notification which will be calculated as 
follows:
    (i) First year crop. The net revenue loss for trees that were 
expected to be sold in the year during which the emergency action 
notification was issued (i.e., the first year crop) will be calculated 
as (expected number of trees to be sold) x (average price per tree) - 
(digging, grading, and storage costs) = net revenue lost for first year 
crop, where:
    (A) The expected number of trees to be sold equals the number of 
trees in the field minus 2 percent culls minus 3 percent unsold trees; 
and
    (B) The average price per tree is $4.65; and
    (C) Digging, grading and storage costs are $0.10 per tree.
    (ii) Second year crop. The net revenue loss for trees that would be 
expected to be sold in the year following the year during which the 
emergency action notification was issued (i.e., the second year crop) 
will be calculated as (expected number of trees to be sold) x (average 
price per tree) = net revenue lost for second year crop, where:
    (A) The expected number of trees to be sold equals the number of 
budded trees in the field minus 20 percent death loss minus 2 percent 
culls; and
    (B) The average price per tree is $4.65 for plum and apricot trees 
and $3.30 for peach and nectarine trees.
    (c) How to apply. The form necessary to submit a claim for 
compensation may be obtained from the Plum Pox Cooperative Eradication 
Program, USDA, APHIS, PPQ, 401 East Louther Street, Suite 102, Carlisle, 
PA 17013-2625. The completed claim form must be sent to the same 
address. Claims for trees or nursery stock destroyed on or before the 
effective date of this rule must be received within 60 days after the 
effective date of this rule. Claims for trees or nursery stock destroyed 
after the effective date of this rule must be received within 60 days 
after the destruction of the trees or nursery stock. Claims must be 
submitted as follows:
    (1) Claims by owners of stone fruit orchards who are direct 
marketers. The completed application must be accompanied by:
    (i) A copy of the emergency action notification ordering the 
destruction of the trees and its accompanying inventory that describes 
the acreage and ages of trees removed;
    (ii) Documentation verifying that the destruction of trees has been 
completed and the date of that destruction; and

[[Page 77]]

    (iii) Records documenting that the grower meets the eligibility 
requirements of paragraph (a)(1)(i) of this section.
    (2) Claims by owners of commercial stone fruit orchards who are not 
direct marketers. The completed application must be accompanied by a 
copy of the emergency action notification ordering the destruction of 
the trees, its accompanying inventory that describes the acreage and 
ages of trees removed, and documentation verifying that the destruction 
of trees has been completed and the date of that destruction.
    (3) Claims by owners of fruit tree nurseries. The completed 
application must be accompanied by a copy of the order prohibiting the 
sale or movement of the nursery stock, its accompanying inventory that 
describes the total number of trees and the age and variety, and 
documentation describing the final disposition of the nursery stock.
    (d) Replanting. Trees of susceptible Prunus species (i.e., Prunus 
species identified as regulated articles) may not be replanted on 
premises within a contiguous quarantined area until 3 years from the 
date the last trees within that area were destroyed because of plum pox 
pursuant to an emergency action notification issued by APHIS.

(Approved by the Office of Management and Budget under control numbers 
0579-0159 and 0579-0251)

[65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004]



                          Subpart_Citrus Canker

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

                  Notice of Quarantine and Regulations



Sec. 301.75-1  Definitions.

    ACC coverage. The crop insurance coverage against Asiatic citrus 
canker (ACC) provided under the Florida Fruit Tree Pilot Crop Insurance 
Program authorized by the Federal Crop Insurance Corporation.
    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.
    Budded citrus nursery stock. Liners or rootstock citrus plants that 
have been grafted with a portion of a stem or branch with a vegetative 
bud (also known as budwood) that are maintained 1 month after grafting 
or until the plant reaches marketability.
    Budded container/greenhouse grown citrus plants. Individual, budded 
citrus nursery stock maintained in climate-controlled greenhouses in 4-
or 6-inch diameter pots until it is sold for commercial use.
    Budded field grown citrus plants. Individual, budded citrus nursery 
stock maintained in the fields until it is sold for commercial use.
    Certificate. An official stamp, form, or other 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.
    Certified citrus nursery stock. Citrus nursery stock, such as trees 
or plants, grown at a nursery that is in compliance with State 
certification requirements and approved for producing citrus nursery 
stock for commercial sale.
    Citrus canker. A plant disease caused by strains of the bacterium 
Xanthomonas axonopodis pv. citri.
    Commercial citrus grove. An establishment maintained for the primary 
purpose of producing citrus fruit for commercial sale.
    Commercial citrus nursery. An establishment engaged in, but not 
limited to, the production of certified citrus nursery stock, including 
plants for planting or replanting in commercial groves or for wholesale 
or retail sales.
    Commercial citrus-producing area. Any area designated as a 
commercial citrus-producing area in accordance with Sec. 301.75-5 of 
this subpart.
    Commercial packinghouse. An establishment in which space and 
equipment are maintained for the primary purpose of disinfecting and 
packing citrus fruit for commercial sale. A commercial packinghouse must 
also be licensed, registered, or certified for handling citrus fruit 
with the State in which it operates and meet all the requirements

[[Page 78]]

for the license, registration, or certification that it holds.
    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 stamp, form, or other 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.
    Liner or rootstock. Culled seedlings in the growing stage prior to 
the budding process.
    Lot. The inspectional unit for fruit composed of a single variety of 
fruit that has passed through the entire packing process in a single 
continuous run not to exceed a single workday (i.e., a run started one 
day and completed the next is considered two lots).
    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 nursery stock is grown or maintained.
    Nursery stock. Living plants and plant parts intended to be planted, 
to remain planted, or to be replanted.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Public order. Either an ``Agreement to Destroy and Covenant Not to 
Sue'' signed by the grove owner and the Florida Department of Food and 
Consumer Services, Division of Plant Industry (DPI), or an ``Immediate 
Final Order'' issued by DPI, both of which identify citrus trees 
infected with or exposed to citrus canker and order their destruction.
    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 nursery stock, regulated plant, regulated 
seed, regulated tree. Any fruit, nursery stock, plant, seed, or tree 
defined as a regulated article.
    Seedlings. Certified citrus seeds densely planted in seed beds and 
allowed to germinate and grow until their viability as liners or 
rootstock can be assessed.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin 
Islands

[[Page 79]]

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; 
65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001; 71 FR 33172, 
June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007; 74 
FR 54444, Oct. 22, 2009]



Sec. 301.75-2  General prohibitions.

    (a) Regulated articles may not be moved interstate from a 
quarantined area except in accordance with a protocol in Sec. Sec. 
301.75-6, 301.75-7, or 301.75-8, or in accordance with Sec. 301.75-4 if 
less than an entire State is designated as a quarantined area. Regulated 
articles may be moved in accordance with the regulations in Sec. 
301.75-9 for scientific or experimental purposes only.
    (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 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; 72 FR 13427, 
Mar. 22, 2007]



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: The State of Florida.
    (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 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 
quarantined area that are at least as stringent as those on the 
interstate movement of

[[Page 80]]

regulated articles from the quarantined 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 part 305 of 
this chapter 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 part 305 of 
this chapter before leaving the premises where the regulated fruit is 
unloaded for packing.
    (D)Any equipment that comes in contact with the regulated fruit at 
the packing plant is treated in accordance with part 305 of this chapter 
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 part 305 
of this chapter before leaving the premises where the regulated fruit is 
unloaded for processing.
    (iii) Grass, tree, and plant clippings may be moved intrastate from 
the 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.

[[Page 81]]

    (3) Inspections. (i) 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, between May 1 through December 31, by an inspector.
    (ii) 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.
    (4) 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 
part 305 of this chapter upon leaving the grove or premises. All 
personnel who enter the grove or premises to provide these services must 
be treated in accordance with part 305 of this chapter upon leaving the 
grove or premises.
    (5) 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 37450, Sept. 11, 1990]

    Editorial Note: For Federal Register citations affecting Sec. 
301.75-4, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 301.75-5  Commercial citrus-producing areas.

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

American Samoa
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 nursery stock from a 

quarantined area.

    (a) Regulated nursery stock may not be moved interstate from a 
quarantined area except for immediate export in accordance with 
paragraph (c) of this section; Provided, that kumquat plants may be 
moved interstate from a quarantined area in accordance with paragraph 
(b) of this section.
    (b) Kumquat (Fortunella spp.) plants, with or without fruit 
attached, 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) The plants are own-root-only and have not been grafted or 
budded;
    (2) The plants are started, are grown, and have been maintained 
solely at the nursery from which they will be moved interstate.
    (3) If the plants are not grown from seed, then the cuttings used 
for propagation of the plants are taken from

[[Page 82]]

plants located on the same nursery premises or from another nursery that 
is eligible to produce kumquat plants for interstate movement under the 
requirements of this paragraph (b). Cuttings may not be obtained from 
properties where citrus canker is present.
    (4) All citrus plants at the nursery premises have undergone State 
inspection and have been found to be free of citrus canker no less than 
three times. The inspections must be at intervals of 30 to 45 days, with 
the most recent inspection being within 30 days of the date on which the 
plants are removed and packed for shipment.
    (5) All vehicles, equipment, and other articles used in providing 
inspection, maintenance, or related services in the nursery must be 
treated in accordance with part 305 of this chapter before entering the 
nursery to prevent the introduction of citrus canker. All personnel who 
enter the nursery to provide these services must be treated in 
accordance with part 305 of this chapter before entering the nursery to 
prevent the introduction of citrus canker.
    (6) If citrus canker is found in the nursery, all regulated plants 
and plant material must be removed from the nursery and all areas of the 
nursery's facilities where plants are grown and all associated equipment 
and tools used at the nursery must be treated in accordance with part 
305 of this chapter in order for the nursery to be eligible to produce 
kumquat plants to be moved interstate under this paragraph (b). Fifteen 
days after these actions are completed, the nursery may receive new 
kumquat seed or cuttings from a nursery that is eligible to produce 
kumquat plants for interstate movement under this paragraph (b).
    (7) The plants, except for plants that are hermetically sealed in 
plastic bags before leaving the nursery, are completely enclosed in 
containers or vehicle compartments during movement through the 
quarantined area.
    (8) The kumquat plants or trees are accompanied by a limited permit 
issued in accordance with Sec. 301.75-12. The statement ``Limited 
permit: Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, 
Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands of the 
United States'' must be displayed on a plastic or metal tag attached to 
each plant, or on the box or container if the plant is sealed in 
plastic. In addition, this statement must be displayed on the outside of 
any shipping containers used to transport these plants, and the limited 
permit must be attached to the bill of lading or other shipping document 
that accompanies the plants.
    (c) Regulated nursery stock produced in a nursery located in a 
quarantined area that is not eligible for movement under paragraph (b) 
of this section may be moved interstate only for immediate export. The 
regulated nursery stock must be accompanied by a limited permit issued 
in accordance with Sec. 301.75-12 and must be moved in a container 
sealed by APHIS directly to the port of export in accordance with the 
conditions of the limited permit.

[72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75 
FR 4240, Jan. 26, 2010]



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

    (a) Regulated fruit produced in a quarantined area or moved into a 
quarantined area for packing may be moved interstate with a certificate 
issued and attached in accordance with Sec. 301.75-12 if all of the 
following conditions are met:
    (1) The regulated fruit was packed in a commercial packinghouse 
whose owner or operator has entered into a compliance agreement with 
APHIS in accordance with Sec. 301.75-13.
    (2) The regulated fruit was treated in accordance with part 305 of 
this chapter.
    (3) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than 1 inch long and attached to 
the fruit.
    (4) If the fruit is repackaged after being packed in a commercial 
packinghouse and before it is moved interstate from the quarantined 
area, the person that repackages the fruit must enter into a compliance 
agreement with APHIS in accordance with Sec. 301.75-13 and issue and 
attach a certificate for the interstate movement of the fruit in 
accordance with Sec. 301.75-12.

[[Page 83]]

    (b) Regulated fruit that is not eligible for movement under 
paragraph (a) of this section may be moved interstate only for immediate 
export. The regulated fruit must be accompanied by a limited permit 
issued in accordance with Sec. 301.75-12 and must be moved in a 
container sealed by APHIS directly to the port of export in accordance 
with the conditions of the limited permit.

(Approved by the Office of Management and Budget under control number 
0579-0325)

[74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010]



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 part 305 of 
this chapter.
    (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, as amended at 75 FR 4240, Jan. 26, 2010]



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.
    (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  [Reserved]



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

[[Page 84]]

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 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) Except as provided in Sec. 
301.75-6(b)(8) for kumquat plants, 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, as amended at 72 FR 13428, Mar. 22, 2007; 
74 FR 16104, Apr. 9, 2009]



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]

[[Page 85]]



Sec. 301.75-15  Funds for the replacement of commercial citrus trees.

    Subject to the availability of appropriated funds, the owner of a 
commercial citrus grove may be eligible to receive funds to replace 
commercial citrus trees in accordance with the provisions of this 
section.
    (a) Eligibility. The owner of a commercial citrus grove may be 
eligible to receive funds to replace commercial citrus trees removed to 
control citrus canker if the trees were removed pursuant to a public 
order between 1986 and 1990 or on or after September 28, 1995.
    (b) Tree replacement payments. The owner of a commercial citrus 
grove who is eligible under paragraph (a) of this section to receive 
funds to replace commercial citrus trees will, upon approval of an 
application submitted in accordance with paragraph (c) of this section, 
receive a payment of $26 per tree up to the following per-acre maximum 
payments:

------------------------------------------------------------------------
                                                                Maximum
                           Variety                              payment
                                                               per acre
------------------------------------------------------------------------
Grapefruit, red seedless....................................      $2,704
Orange, Valencia............................................       3,198
Orange, early/midseason/navel...............................       3,068
Tangelo.....................................................       2,964
Lime........................................................       4,004
Other or mixed citrus.......................................       2,704
------------------------------------------------------------------------

    (c) How to apply for tree replacement funds. The form necessary to 
apply for funds to replace commercial citrus trees may be obtained from 
any local citrus canker eradication program office in Florida, or from 
the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, 
Plantation, FL 33313. The completed application should be accompanied by 
a copy of the public order directing the destruction of the trees and 
its accompanying inventory that describes the number and the variety of 
trees removed. Your completed application must be sent to the USDA 
Citrus Canker Eradication Program, Attn: Commercial Tree Replacement 
Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter 
Haven, FL 33881. Claims for trees destroyed on or before October 16, 
2000, must have been received on or before December 15, 2000. Claims for 
trees destroyed after October 16, 2000, must be received within 60 days 
after the destruction of the trees. The Administrator may, on a case-by-
case basis, approve the consideration of late claims when it appears 
that the claim was late through no fault of the owner of the trees, in 
the opinion of the Administrator. However, any request for consideration 
of a late claim must be submitted to the Administrator on or before 
August 19, 2002 for trees destroyed on or before August 17, 2001, and 
within 1 year after the destruction of the trees for trees destroyed 
after August 17, 2001.

(Approved by the Office of Management and Budget under control number 
0579-0163)

[65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001]



Sec. 301.75-16  Payments for the recovery of lost production income.

    Subject to the availability of appropriated funds, the owner of a 
commercial citrus grove may be eligible to receive payments in 
accordance with the provisions of this section to recover income from 
production that was lost as the result of the removal of commercial 
citrus trees to control citrus canker.
    (a) Eligibility. The owner of a commercial citrus grove may be 
eligible to receive payments to recover income from production that was 
lost as the result of the removal of commercial citrus trees to control 
citrus canker if the trees were removed pursuant to a public order 
between 1986 and 1990 or on or after September 28, 1995.
    (b) Calculation of payments. (1) The owner of a commercial citrus 
grove who is eligible under paragraph (a) of this section to receive 
payments to recover lost production income will, upon approval of an 
application submitted in accordance with paragraph (c) of this section, 
receive a payment calculated using the following rates:

------------------------------------------------------------------------
                                                               Payment
                       Citrus variety                         (per acre)
------------------------------------------------------------------------
Grapefruit.................................................       $3,342
Orange, Valencia, and tangerine............................        6,446
Orange, navel (includes early and midseason oranges).......        6,384
Tangelo....................................................        1,989
Lime.......................................................        6,503
Other or mixed citrus......................................        3,342
------------------------------------------------------------------------


[[Page 86]]

    (2) Payment adjustments. (i) In cases where the owner of a 
commercial citrus grove had obtained ACC coverage for trees in his or 
her grove and received crop insurance payments following the destruction 
of the insured trees, the payment provided for under paragraph (b)(1) of 
this section will be reduced by the total amount of the crop insurance 
payments received by the commercial citrus grove's owner for the insured 
trees.
    (ii) In cases where ACC coverage was available for trees in a 
commercial citrus grove but the owner of the grove had not obtained ACC 
coverage for his or her insurable trees, the per-acre payment provided 
for under paragraph (b)(1) of this section will be reduced by 5 percent.
    (c) How to apply for lost production payments. The form necessary to 
apply for lost production payments may be obtained from any local citrus 
canker eradication program office in Florida, or from the USDA Citrus 
Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 
33313. The completed application should be accompanied by a copy of the 
public order directing the destruction of the trees and its accompanying 
inventory that describes the acreage, number, and the variety of trees 
removed. Your completed application must be sent to the USDA Citrus 
Canker Eradication Program, Attn: Lost Production Payments Program, c/o 
Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 
33881. Claims for losses attributable to the destruction of trees on or 
before the effective date of this rule must be received on or before 
September 17, 2001. Claims for losses attributable to the destruction of 
trees after the effective date of this rule must be received within 60 
days after the destruction of the trees. The Administrator may, on a 
case-by-case basis, approve the consideration of late claims when the 
circumstances appear, in the opinion of the Administrator, to warrant 
such consideration. However, any request for consideration of a late 
claim must be submitted to the Administrator on or before July 18, 2002 
for trees destroyed on or before July 18, 2001, and within 1 year after 
the destruction of the trees for trees destroyed after July 18, 2001.

[66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001; 71 FR 33172, 
June 8, 2006]



Sec. 301.75-17  Funds for the replacement of certified citrus nursery stock.

    Subject to the availability of appropriated funds, a commercial 
citrus nursery may be eligible to receive funds to replace certified 
citrus nursery stock in accordance with the provisions of this section.
    (a) Eligibility. A commercial citrus nursery may be eligible to 
receive funds to replace certified citrus nursery stock removed to 
control citrus canker if the nursery stock was removed pursuant to a 
public order after September 30, 2001, and before January 10, 2006.
    (b) Certified citrus nursery stock payments. A commercial citrus 
nursery that is eligible under paragraph (a) of this section to receive 
funds to replace certified citrus nursery stock will, upon approval of 
an application submitted in accordance with paragraph (c) of this 
section, receive a payment calculated using the following rates:

------------------------------------------------------------------------
    Type of certified nursery stock            Payment  (dollars)
------------------------------------------------------------------------
Seedlings.............................  0.18/plant.
Liners or rootstock...................  1.50/plant.
Budded field grown citrus plants......  4.00/plant.
Budded container/greenhouse citrus      4.50/plant.
 plants.
Citrus nursery stock in containers for
 wholesale or retail sale:
  1 gallon............................  5.00/container.
  3 gallon............................  10.00/container.
  5 gallon............................  15.00/container.
  7 gallon............................  20.00/container.
  Larger than 7 gallon................  26.00/container.
------------------------------------------------------------------------

    (c) How to apply for certified nursery stock replacement funds. The 
form necessary to apply for funds to replace certified nursery stock may 
be obtained from any local citrus canker eradication program office in 
Florida, or from the USDA Citrus Canker Eradication Program, 6901 West 
Sunrise Boulevard, Plantation, FL 33313. The completed application 
should be accompanied by a copy of the public order directing the 
destruction of the trees and its accompanying inventory that describes 
the number and type of the certified nursery stock removed. If the 
certified nursery stock was planted

[[Page 87]]

in pots, the inventory should specify the size of the container. If the 
certified nursery stock was bare root plants or in a temporary 
container, the inventory should specify whether the plant was non-budded 
or budded. The completed application must be sent to the USDA Citrus 
Canker Eradication Program, Attn: Commercial Compensation, 10300 Sunset 
Dr., Suite 150, Miami, FL 33173. Claims for certified nursery stock must 
be received by August 7, 2006.

[71 FR 33172, June 8, 2006]



            Subpart_Citrus Greening and Asian Citrus Psyllid

    Source: 75 FR 34332, June 17, 2010, unless otherwise noted.



Sec. 301.76  Restrictions on the interstate movement of regulated articles.

    No person may move interstate from any quarantined area any articles 
regulated for citrus greening and Asian citrus psyllid, except in 
accordance with this subpart.\1\/
---------------------------------------------------------------------------

    \1\ In order to enforce this section, 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 host articles as provided 
in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 
7714, 7731, and 7754).
---------------------------------------------------------------------------



Sec. 301.76-1  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 (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Asian citrus psyllid. The insect known as Asian citrus psyllid 
(Diaphorina citri Kuwayama) in any stage of development.
    Certificate. A document, stamp, or other means of identification 
approved by APHIS and issued by an inspector or person operating under a 
compliance agreement when he or she finds that, because of certain 
conditions, a regulated article can be moved safely from an area 
quarantined for Asian citrus psyllid and/or citrus greening without 
spreading the psyllid or the disease.
    Citrus greening. A plant disease caused by several strains of the 
uncultured, phloem-limited bacterial pathogen ``Candidatus Liberibacter 
asiaticus''.
    Commercial citrus grove. A solid-set planting of trees maintained 
for the primary purpose of producing citrus fruit for commercial sale.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in the business of growing, maintaining, processing, handling, 
packing, or moving regulated articles for interstate movement, in which 
the person agrees to comply with this subpart. For the purposes of this 
subpart, a memorandum of understanding is considered a compliance 
agreement.
    EPA. The U.S. Environmental Protection Agency.
    Established population. Presence of Asian citrus psyllid within an 
area that the Administrator determines is likely to persist for the 
foreseeable future.
    Inspector. An individual authorized by the Administrator to perform 
the duties required under this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector or person 
operating under a compliance agreement to allow the interstate movement 
of regulated articles to a specified destination, for specified 
handling, processing, or utilization.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried (whether on one's person or by any 
other means of conveyance), or allowed to be moved, shipped, 
transported, or carried. For the purposes of this subpart, movements 
include any type of shipment, including mail and Internet commerce.
    Nursery. Any commercial location where nursery stock is grown, 
propagated, stored, maintained, or sold, or any location from which 
nursery stock is distributed.
    Nursery stock. Any plants or plant parts, excluding fruit, intended 
to be planted, to remain planted, or to be replanted. Nursery stock 
includes, but is

[[Page 88]]

not limited to, trees, shrubs, cuttings, grafts, scions, and buds.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Port. Any place designated by the President, Secretary of the 
Treasury, or Congress at which a Customs officer is assigned with 
authority to accept entries of merchandise, to collect duties, and to 
enforce the various provisions of the Customs and Navigation laws in 
force at that place.
    Quarantined area. Any State or portion of a State designated as a 
quarantined area for Asian citrus psyllid or citrus greening in 
accordance with Sec. 301.76-3.
    Regulated article. Any article listed in Sec. 301.76-2 or otherwise 
designated as a regulated article in accordance with Sec. 301.76-2(c).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.76-2  Regulated articles for Asian citrus psyllid and citrus 

greening.

    The following are regulated articles for Asian citrus psyllid and 
citrus greening:
    (a) All plants and plant parts (including leaves), except fruit, of: 
Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis, A. 
paniculata, Amyris madrensis, Atalantia spp. (including Atalantia 
monophylla), Balsamocitrus dawei, Bergera (=Murraya) koenigii, 
Calodendrum capense, Choisya ternate, C. arizonica, X Citroncirus 
webberi, Citropsis articulata, Citropsis gilletiana, Citrus madurensis 
(= X Citrofortunella microcarpa), Citrus spp., Clausena anisum-olens, C. 
excavata, C. indica, C. lansium, Eremocitrus glauca, Eremocitrus hybrid, 
Esenbeckia berlandieri, Fortunella spp., Limonia acidissima, Merrillia 
caloxylon, Microcitrus australasica, M. australis, M. papuana, X 
Microcitronella spp., Murraya spp., Naringi crenulata, Pamburus 
missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, 
Tetradium ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris 
(=Toddalia) lanceolata, and Zanthoxylum fagara.
    (b) Propagative seed of the species listed in paragraph (a) of this 
section is considered a host of citrus greening but not a host of Asian 
citrus psyllid. Therefore, notwithstanding the other provisions of this 
subpart, the movement of propagative seed of these species from an area 
quarantined for citrus greening is prohibited, while the movement of 
such seed from an area quarantined only for Asian citrus psyllid, but 
not for citrus greening, is allowed without restriction.
    (c) Any other product, article, or means of conveyance may be 
designated a regulated article for Asian citrus psyllid or citrus 
greening, if an inspector determines that it presents a risk of 
spreading these pests, and after the inspector provides written 
notification to the person in possession of the product, article, or 
means of conveyance that it is subject to the restrictions of this 
subpart.
    (d) Plant parts of the species listed in paragraph (a) of this 
section may be exempted from the regulations in this subpart, provided 
that the parts have been processed such that an inspector determines 
they no longer present a risk of spreading Asian citrus psyllid or 
citrus greening.



Sec. 301.76-3  Quarantined areas; citrus greening and Asian citrus psyllid.

    (a) The Administrator will designate an area as a quarantined area 
for citrus greening or as a quarantined area for Asian citrus psyllid in 
accordance with the criteria listed in paragraph (c) of this section. 
The Administrator will publish a description of all areas quarantined 
for citrus greening or Asian citrus psyllid on the Plant Protection and 
Quarantine (PPQ) Web site: (http://www.aphis.usda.gov/plant--health/
plant--pest--info/citrus--greening/index.shtml). The description of each 
quarantined area will include the date the description was last updated 
and a description of any changes that have been made to the quarantined 
area. Lists of all quarantined areas may also be obtained by request 
from any local office of PPQ; local offices are listed in telephone 
directories and on the Internet at (http://www.aphis.usda.gov/services/
report--pest--disease/report--pest--disease.shtml). After a

[[Page 89]]

change is made to the description of quarantined areas, we will publish 
a notice in the Federal Register informing the public that the change 
has occurred and describing the change to the quarantined areas.
    (b) Designation of an area less than an entire State as a 
quarantined area. Less than an entire State will be designated as a 
quarantined area for citrus greening or the Asian citrus psyllid 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 the entire State as a quarantined 
area will prevent the interstate spread of citrus greening or Asian 
citrus psyllid.
    (c) Criteria for designation of a State, or a portion of a State, as 
a quarantined area for citrus greening or Asian citrus psyllid.
    (1) A State, or portion of a State, will be designated as a 
quarantined area for citrus greening when the presence of citrus 
greening is confirmed within the area by an APHIS-administered test.
    (2) A State, or portion of a State, will be designated as a 
quarantined area for Asian citrus psyllid in which an established 
population of Asian citrus psyllids has been detected.
    (3) A State, or portion of a State, will be designated as a 
quarantined area for either citrus greening or Asian citrus psyllid if 
the Administrator considers it necessary to quarantine the area because 
of its inseparability for quarantine enforcement purposes from 
localities in which citrus greening or an established population of 
Asian citrus psyllids has been found.



Sec. 301.76-4  Labeling requirements for regulated nursery stock produced 

within an area quarantined for citrus greening.

    (a) Effective September 15, 2010, except as provided in paragraphs 
(b) and (c) of this section, all regulated nursery stock offered for 
commercial sale within an area quarantined for citrus greening must have 
an APHIS-approved plastic or metal tag on which a statement alerting 
consumers to Federal prohibitions regarding the interstate movement of 
the article is prominently and legibly displayed. Alternatively, if the 
article is destined for commercial sale in a box or container, the 
statement may be printed on the box or container, or printed on a label 
permanently affixed to the box or container, provided that, in either 
case, the statement is prominently and legibly displayed. The operator 
of the site of propagation of the nursery stock and the person offering 
the plants for commercial sale are jointly responsible for all such 
labeling.
    (b) Nursery stock produced within a quarantined area for planting in 
a commercial citrus grove within that same area and moved directly to 
that grove, without movement outside of the quarantined area, may be 
moved without being labeled in accordance with paragraph (a) of this 
section.
    (c) Nursery stock that will be moved interstate for immediate export 
under a limited permit in accordance with Sec. 301.76-7(c) may be moved 
without being labeled in accordance with paragraph (a) of this section.

(Approved by the Office of Management and Budget under control number 
0579-0363)



Sec. 301.76-5  General conditions governing the issuance of any certificate or 

limited permit; provisions for cancellation of a certificate or limited 

permit.

    (a) Certificates. In addition to all other relevant conditions 
within this subpart, an inspector or person operating under a compliance 
agreement will issue a certificate only if a regulated article:
    (1) Will be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 414 of the 
Plant Protection Act (7 U.S.C. 7714) \2\/ to prevent the 
spread of Asian citrus psyllid; and
---------------------------------------------------------------------------

    \2\ An inspector may hold seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 423 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (2) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the article.

[[Page 90]]

    (b) Limited permits. In addition to all other relevant conditions 
within this subpart, an inspector or person operating under a compliance 
agreement may issue a limited permit for the interstate movement of a 
regulated article only if the regulated article:
    (1) 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 movement 
of the regulated article will not result in the spread of citrus 
greening or the Asian citrus psyllid;
    (2) Is to be moved in compliance with any additional emergency 
conditions the Administrator may impose under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) to prevent the spread of citrus greening 
and the Asian citrus psyllid; and
    (3) Is eligible for interstate movement under all other Federal 
domestic plant quarantines and regulations applicable to the article.
    (c) Certificates and limited permits for the interstate movement of 
a regulated article 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 after he or she has determined that the article is 
eligible for a certificate in accordance with paragraph (a) of this 
section and all other relevant conditions of this subpart. A person 
operating under a compliance agreement may issue a limited permit for 
interstate movement of a regulated article after he or she has 
determined that the article is eligible for a limited permit in 
accordance with paragraph (b) of this section and all other relevant 
conditions of this subpart.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all of the provisions in this subpart or has not complied 
with all the conditions contained in the certificate or limited permit. 
If the withdrawal is oral, the withdrawal and the reasons for the 
withdrawal will be confirmed in writing as soon 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.
    (e) Unless specific provisions exist in Sec. 301.76-6 or Sec. 
301.76-7 of this subpart to allow the interstate movement of a certain 
regulated article, the interstate movement of that article is 
prohibited.

(Approved by the Office of Management and Budget under control number 
0579-0363)



Sec. 301.76-6  Additional conditions for issuance of certificates and limited 

permits for regulated articles moved interstate from areas quarantined only 

for Asian citrus psyllid, but not for citrus greening.

    (a) Additional conditions for issuance of a certificate; any 
regulated article. In addition to the general conditions for issuance of 
a certificate contained in Sec. 301.76-5(a), an inspector or person 
operating under a compliance agreement may issue a certificate for the 
interstate movement of any regulated article to any State if:
    (1) The article is treated with methyl bromide in accordance with 7 
CFR part 305 of this chapter.
    (2) The article is shipped in a container that has been sealed with 
an agricultural seal placed by an inspector.
    (3) The container that will be moved interstate is clearly labeled 
with the certificate.
    (4) A copy of the certificate will be attached to the consignee's 
copy of the accompanying waybill.
    (b) Additional conditions for issuance of a limited permit; 
regulated nursery stock. In addition to the general conditions for 
issuance of a limited permit contained in Sec. 301.76-5(b), an 
inspector or

[[Page 91]]

person operating under a compliance agreement may issue a limited permit 
for the interstate movement of regulated nursery stock to areas of the 
United States other than American Samoa, Northern Mariana Islands, and 
those portions of Arizona, California, and South Carolina not 
quarantined due to the presence of Asian citrus psyllid or citrus 
greening, if:
    (1) The nursery stock is treated for ACP with an APHIS-approved soil 
drench or in-ground granular application no more than 30 days and no 
fewer than 20 days before shipment, followed by an APHIS-approved foliar 
spray no more 10 days before shipment. All treatments must be applied 
according to their EPA label, including directions on application, 
restrictions on place of application and other restrictions, and 
precautions, and including statements pertaining to Worker Protection 
Standards.
    (2) The nursery stock is inspected by an inspector in accordance 
with Sec. 301.76-9 and found free of Asian citrus psyllid.
    (3) The nursery stock is affixed prior to movement with a plastic or 
metal tag on which the statement ``Limited permit: USDA-APHIS-PPQ. Not 
for distribution in American Samoa, Northern Mariana Islands, or those 
portions of AZ, CA and SC not quarantined due to the presence of Asian 
citrus psyllid or citrus greening'' is prominently and legibly 
displayed. If the nursery stock is destined for movement or sale in 
boxes or containers, the statement may be printed on the box or 
container, or printed on a label permanently affixed to the box or 
container, provided that, in either case, the statement is prominently 
and legibly displayed.
    (4) The nursery stock is moved in a container sealed with an 
agricultural seal placed by an inspector.
    (5) This container prominently and legibly displays the statement of 
paragraph (b)(3) of this section.
    (6) A copy of the limited permit is attached to the consignee's copy 
of the accompanying waybill.
    (7) The nursery stock is moved in accordance with the conditions 
specified on the limited permit to the location specified on the permit.
    (c) Additional conditions for issuance of a limited permit; 
regulated articles intended for consumption, as apparel or as a similar 
personal accessory, or for other decorative use.\3\/ In 
addition to the general conditions for issuance of a limited permit 
contained in Sec. 301.76-5(b), an inspector or person operating under a 
compliance agreement may issue a limited permit for the interstate 
movement of regulated articles intended for consumption, as apparel or 
as a similar personal accessory, or for other decorative use if:
---------------------------------------------------------------------------

    \3\ Examples of such articles include Bergera (=Murraya) koenigii 
leaves, as well as Murraya paniculata flowers or foliage.
---------------------------------------------------------------------------

    (1) The articles are treated with irradiation in accordance with 7 
CFR part 305 of this chapter at an irradiation facility that is not 
located in an area quarantined for citrus greening.
    (2) The container that will be used to move the articles interstate 
is clearly labeled with the limited permit, which must contain the name 
of the State or portion of a State where the articles were produced and 
a statement that the articles were treated in accordance with 7 CFR part 
305 of this chapter.
    (3) A copy of the limited permit is attached to the consignee's copy 
of the accompanying waybill.



Sec. 301.76-7  Additional conditions for issuance of certificates and limited 

permits for regulated articles moved interstate from areas quarantined for 

citrus greening.

    (a) Additional conditions for issuance of a limited permit; 
regulated nursery stock grown, produced, or maintained at a nursery or 
other facility located in the quarantined area. In addition to the 
general conditions for issuance of a limited permit contained in Sec. 
301.76-5(b), an inspector or person operating under a compliance 
agreement may issue a limited permit for the interstate movement for 
immediate export of regulated nursery stock grown, produced, or 
maintained at a nursery or other facility located in the quarantined 
area if:
    (1) The nursery stock is treated for Asian citrus psyllid with an 
APHIS-approved soil drench or in-ground granular application, followed 
by an APHIS-approved foliar spray, in accordance

[[Page 92]]

with Sec. 301.76-6(b)(1), or with methyl bromide or irradiation, in 
accordance with 7 CFR part 305 of this chapter.
    (2) The nursery stock is inspected by an inspector in accordance 
with Sec. 301.76-9 and found free of Asian citrus psyllid, if treated 
in accordance with Sec. 301.76-6(b)(1).
    (3) The nursery stock is affixed prior to movement with a plastic or 
metal tag on which the statement ``Limited permit: USDA-APHIS-PPQ. For 
immediate export only'' is prominently and legibly displayed. If the 
nursery stock is destined for movement or sale in a box or container, 
the statement may be printed on the box or container, or printed on a 
label permanently affixed to the box or container, provided that, in 
either case, the statement is prominently and legibly displayed.
    (4) The nursery stock is accompanied by a copy of this limited 
permit attached to the consignee's copy of the waybill.
    (5) The nursery stock is moved in accordance with the conditions 
specified on the limited permit directly to the port of export specified 
on the limit permit, in a container sealed with an agricultural seal 
placed by an inspector.
    (6) A copy of the limited permit is attached to or legibly printed 
on this container.
    (7) The nursery stock remains in this container, and the container 
remains sealed, as long as the plants are within the United States.
    (b) Except for nursery stock for which a limited permit has been 
issued in accordance with the conditions of paragraph (a) of this 
section, no other regulated article may be moved interstate from an area 
quarantined for citrus greening.



Sec. 301.76-8  Compliance agreements and cancellation.

    (a) Any person involved in the growing, maintaining, processing, 
handling, packing, treating, or moving of regulating articles from areas 
quarantined for citrus greening or Asian citrus psyllid may enter into a 
compliance agreement when an inspector determines that the person 
understands this subpart, agrees to comply with its provisions, and 
agrees to comply with all the provisions contained in the compliance 
agreement. The person must also agree to maintain and offer for 
inspection such records as are necessary to demonstrate continual 
adherence to the requirements of the regulations and the provisions of 
the compliance agreement.\4\/
---------------------------------------------------------------------------

    \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, MD 20737-1236, and from local offices of the Plant Protection 
and Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either 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 wrongly 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.

(Approved by the Office of Management and Budget under control number 
0579-0363)



Sec. 301.76-9  Inspection of regulated nursery stock.

    All regulated nursery stock treated with soil drenches or in-ground 
granular applications and foliar sprays prior to interstate movement 
from an area quarantined only for Asian citrus psyllid, but not for 
citrus greening, as well as all nursery stock intended for interstate 
movement for immediate export from an area quarantined for citrus 
greening, must be inspected by an

[[Page 93]]

inspector\5\/ no more than 72 hours prior to movement. The 
person who desires to move the articles interstate must notify the 
inspector as far in advance of the desired interstate movement as 
possible. The articles must be inspected at the place and in the manner 
the inspector designates as necessary to comply with this subpart. If 
the inspector has reason to believe that the interstate movement of the 
articles may lead to the artificial spread of citrus greening or Asian 
citrus psyllid, he or she may deny issuance of a limited permit for 
interstate movement of the article or take other remedial measures to 
prohibit such spread.
---------------------------------------------------------------------------

    \5\ Inspectors are assigned to local offices of APHIS, which are 
listed in local 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, MD 20737-1236.

(Approved by the Office of Management and Budget under control number 
0579-0363)



Sec. 301.76-10  Attachment and disposition of certificates and limited 

permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, or a copy thereof, must, at all times 
during the interstate movement, be:
    (1) Attached to or legibly printed on the outside of the container 
containing the regulated article or attached to the regulated article 
itself, if the article is not packed in a container; and
    (2) Attached to or legibly printed on the sealed container in which 
the article is shipped; and
    (3) Attached to the consignee's copy of the accompanying waybill. 
The host article must be sufficiently described on the certificate or 
limited permit and on the waybill to identify the article.
    (b) The certificate or limited permit for the interstate movement of 
a host article must be furnished by the carrier or the carrier's 
representative to the consignee listed on the certificate or limited 
permit upon arrival at the location provided on the certificate or 
limited permit.



Sec. 301.76-11  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. APHIS 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_Witchweed

                       Quarantine and Regulations



Sec. 301.80  Quarantine; restriction on interstate movement of specified 

regulated articles.

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines the States of North 
Carolina and South Carolina in order to prevent the spread of witchweed 
(Striga spp.), a parasitic plant that causes a dangerous disease of 
corn, sorghum, and other crops of the grass family and is not widely 
prevalent or distributed within and throughout the United States. 
Through the aforementioned authorities, the Secretary imposes a 
quarantine on the States of North Carolina and South Carolina with 
respect to the interstate movement from those States of articles 
described in paragraph (b) of this section, issues regulations in this 
subpart governing the movement of such articles, and gives notice of 
this quarantine action.
    (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.

[[Page 94]]

    (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; 66 FR 21052, Apr. 
27, 2001]



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:
    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.
    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.
    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.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, axes, hammers, and saws.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.80-2.
    Infestation. The presence of witchweed or the existence of 
circumstances that make it reasonable to believe that witchweed is 
present.
    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.
    Interstate. From any State into or through any other State.
    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.
    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.
    Mechanized soil-moving equipment. Mechanized equipment used to move 
or

[[Page 95]]

transport soil, e.g., draglines, bulldozers, road scrapers, and 
dumptrucks.
    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, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    Plant Protection and Quarantine Programs. The organizational unit 
with the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines, and 
regulations.
    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).
    Regulated articles. Any articles described in Sec. 301.80(b).
    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.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    Soil. That part of the upper layer of earth in which plants can 
grow.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    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).
    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.
---------------------------------------------------------------------------

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

[41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001]



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 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

[[Page 96]]

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 located north and east of the Cape Fear 
River.
    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.
    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 on U.S. Highway 301 to 
Interstate 95, then northeast on Interstate 95 to U.S. Highway 13, then 
east and northeast on U.S. Highway 13 to the Cumberland-Sampson County 
line.
    The Barker, P.R., farm located on the south side of State Secondary 
Road 2242, 0.2 mile south of Interstate 95 on State Secondary Road 2252.
    The Jackson, Ellis, farm located on the west side of State Secondary 
Road 1003 and 0.4 mile south of its intersection with N.C. Highway 59.
    The Lovick, Eugene, farm located on the north side of State 
Secondary Road 1732 and 0.9 mile west of its intersection with U.S. 
Highway 301.
    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 Thigpen, William, farm located on the south side of State 
Secondary Road 2212 and 1 mile west of its intersection with N.C. 
Highway 87.
    Pender County. The Cones Folly farm located along a farm road 2.3 
miles south of its intersection with State Secondary Road 1201 and 2.2 
miles southeast of its intersection with State Secondary Road 1200.
    Robeson County. That area bounded on the west by the Robeson County/
Scotland County line; then by a line running east along the Robeson 
County/Hoke County line to N.C. Highway 211; then southeast on N.C. 
Highway 211 to the Robeson County/Bladen County line; then south along 
the Robeson County/Bladen County line and the Robeson County/Columbus 
County line to U.S. Highway 74; then northwest on U.S. Highway 74 to 
N.C. Highway 41; then south on N.C. Highway 41 to the South Carolina 
State line; and then northwest along the South Carolina State line to 
the Robeson County/Scotland

[[Page 97]]

County line. (This area may be more generally described as that part of 
Robeson County lying south and west of N.C. Highway 211, bounded by U.S. 
Highway 74 east of N.C. Highway 41 and by the South Carolina line west 
of N.C. Highway 41.)
    The Brown, James, farm located on the south side of a private road 
known as Reola Drive, 0.1 mile east of its intersection with State 
Secondary Road 1823, which intersection is 0.7 mile south of the 
intersection of State Secondary Road 1823 with State Secondary Road 
1774.
    The Buie, Joshua, farm located on a farm road 0.8 mile south of its 
intersection with State Secondary Road 1529 and 0.3 mile southwest of 
the right of way of Interstate Highway 95.
    The Lewis, Knox, farm located on the south side of State Secondary 
Road 1752, 0.5 mile east of its intersection with State Secondary Road 
1318.
    Sampson County. That area bounded on the north by N.C. Highway 24 
and on the east by U.S. Highway 701.
    The Brady-Johnson, William, property located on a private road in 
the town of Salemburg, 0.1 mile north of its intersection with Church 
Street and 0.1 mile west of its intersection with N.C. Highway 242.
    The Carter, Raeford, farm located on the west side of State 
Secondary Road 1144, 0.2 mile north of its intersection with State 
Secondary Road 1143.
    The Lucas, June, estate located at the end of State Secondary Road 
1496, 1.0 mile northwest of its intersection with State Secondary Road 
1233.
    The Parker, David, farm located on the northwest side of the 
intersection of a private road known as David Parker Lane and State 
Secondary Road 1301, 0.5 mile north of the intersection of State 
Secondary Road 1301 with N.C. Highway 24.
    The Riley, Troy Lee, property located 0.05 mile west of the end of a 
private road known as Stage Coach Lane, 0.2 mile north of the 
intersection of Stage Coach Lane and N.C. Highway 24, in the town of 
Autryville.

                             SOUTH CAROLINA

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Horry County. The Bell, Richard, farm located on the east side of 
State Highway 90, 5.7 miles north of its intersection with State Highway 
22.
    The Chestnut, Jacob T., farm located on the west side of an unpaved 
road known as Short Cut Road, 0.2 mile north of its junction with an 
unpaved road known as Pint Circle Road, 0.4 mile east of its junction 
with and 0.8 mile north of its junction with State Highway 90.
    The Cribbs, L.V., farm located on the west side of an unpaved road 
known as Causey Road, 3.3 miles north of its intersection with a 
secondary road known as Sandplant Road and 2.1 miles west of its 
intersection with State Highway 76.
    The Cribbs, L.V., farm located on the east side of an unpaved road 
known as Causey Road, 2.8 miles north of its intersection with a 
secondary road known as Sandplant Road and 2.1 miles west of its 
intersection with State Highway 76.
    The Gerald, Kenneth, farm located on the south side of a secondary 
highway known as Lake Swamp Road, 0.4 mile east of its intersection with 
a secondary highway known as Nichols Highway South and 1.6 miles south 
of its intersection with State Highway 917.
    The Gerald, Ravenell, farm located on the north side of an unpaved 
road known as Farming Dale Road, 0.6 mile north of its junction with 
State Highway 917 and 1.1 miles east of its intersection with a 
secondary highway known as Nichols Highway.
    The Hammonds, Austin J., farm located on the north side of a 
secondary road known as Sandplant Road, 1.5 miles west of its 
intersection with State Highway 76 and 1.7 miles north of its 
intersection with State Highway 9.
    The Livingston, Pittman, farm located on the east side of State 
Highway 90, 2.2 miles north of its junction with State Highway 22.
    The Mae, Blossie, farm located on the west side of an unpaved road 
known as Dela Road, 0.3 mile south of its intersection with a secondary 
road known as Pint Circle Road, 0.2 mile west of its intersection with 
State Highway 90, and 3.5 miles north of its intersection with State 
Highway 22.
    The McDaniel, Ellis, farm located on the south side of State Highway 
917, 1.4 miles west of its intersection with a secondary highway known 
as Nichols Highway.
    The Smith, Tommy G., farm located on the south side of a secondary 
road known as Old Chesterfield Road, 0.5 mile east of its intersection 
with State Highway 90 and 2.7 miles north of its intersection with State 
Highway 22.
    The Strickland, Quincy, farm located on the north side of State 
Highway 917, 1.2 miles west of its intersection with a secondary highway 
known as Nichols Highway.
    The Stroud, J.B., farm located on the east side of an unpaved road 
known as Providence Drive, 1.3 miles north of its junction with an 
unpaved road known as Tranquil Road, 0.5 mile west of its junction with 
a secondary highway known as Nichols Highway North and 2.3 miles north 
of its intersection with State Highway 917.
    The Vault, Bennie, farm located on the west side of an unpaved road 
known as Strawberry Road, 0.5 mile south of its junction with State 
Highway 90.
    Vereen, Isiah, farm located on the west side of an unpaved road 
known as West Shore Road, 1.6 miles south of its junction with State 
Highway 90.

[[Page 98]]

    Vereen, Lula, farm located on the north side of a secondary road 
known as Dogwood Road, 1.6 miles north of its intersection with State 
Highway 22, then 0.7 mile east of its intersection with State Highway 
90.
    The Willoughby, Shane, farm located on the north side of an unpaved 
road known as Farming Dale Road, 0.4 mile north of its junction with 
State Highway 917 and 1.1 miles east of its intersection with a 
secondary highway known as Nichols Highway.
    The Worley, Floyd C., farm located on both sides of a secondary road 
known as Sandplant Road, 1.1 miles west of its intersection with State 
Highway 76 and 1.7 miles north of its intersection with State Highway 9.
    Marion County. The Baxley, Warner, farm located on the west side of 
Penderboro Road, 1.6 miles north of its intersection with the State 
Highway 501 Bypass.
    The Best Woods Road and Bubba Road farm located on both sides of 
Best Woods Road, 1.4 miles south of its intersection with State Highway 
76.
    The Erwin, Harold, farm located on the west side of the State 
secondary road known as Laughin Road, 1 mile north of its intersection 
with State Highway 76.
    The Gerald, Issaic, farm located on the west side of a secondary 
road known as Foxworth Road, 0.3 mile northwest of its intersection with 
Secondary Road 9.
    The Holmes, Issaic, farm located on the east side of an unpaved road 
known as Phill Road, 0.5 mile south of its junction with State Highway 9 
and 5 miles east of its intersection with State Highway 41-A.
    The Johnson, J. D., farm located on the west side of an unpaved road 
known as Harold Road, 0.6 mile north of its intersection with Old 
Mullins Road and 1.3 miles west of its intersection with North Main 
Street in Nichols.
    The Keen, Davis, Estate farm located on the south side of an unpaved 
road known as Frazier Road, 0.7 mile northwest of its intersection with 
Secondary Road 9.
    The Richardson, Billy, farm located on the east side of Secondary 
Road 908, 0.8 mile north of its intersection with State Highway 378.
    The Rogers, Paul, farm located on the north side of an unpaved road 
known as Tobacco Barn Road, 0.8 mile west of its intersection with a 
State secondary road known as E. Sellers Road and 1.7 miles north of its 
intersection with State Highway 41-A.

[68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003; 72 
FR 7925, Feb. 22, 2007; 72 FR 44951, Aug. 10, 2007]



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)).
---------------------------------------------------------------------------

    (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

[[Page 99]]

from any quarantined State under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with Sec. Sec. 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\ 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 Sec. Sec. 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

[[Page 100]]

    (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 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

[[Page 101]]

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 sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), 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; 66 FR 21052, Apr. 27, 2001]



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 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.

[[Page 102]]

    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:
    (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]

[[Page 103]]



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.
    Clark 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.
    Faulkner County. The entire county.
    Garland County. The entire county.
    Grant County. The entire county.
    Hempstead County. The entire county.
    Hot Spring County. The entire county.
    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.
    Lonoke County. The entire county.
    Miller County. The entire county.
    Montgomery County. The entire county.
    Nevada County. The entire county.
    Ouachita County. The entire county.
    Perry County. The entire county.
    Pike County. The entire county.
    Polk County. The entire county.
    Pulaski County. The entire county.
    Saline County. The entire county.
    Sevier County. The entire county.
    Union County. The entire county.
    Yell 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.

[[Page 104]]

    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 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

[[Page 105]]

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

    The entire State.

                                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 bounded by a line 
beginning at the intersection of State Highway 11/42 and the Hertford/
Bertie County line; then east along the Hertford/Bertie County line to 
the Bertie/Chowan County line; then south along the Bertie/Chowan County 
line to the Bertie/Martin County line; then west along the Bertie/Martin 
County line to State Highway 11/42; then north along State Highway 11/42 
to the point of beginning.
    Bladen County. The entire county.
    Brunswick County. The entire county.
    Cabarrus County. The entire county.
    Camden County. That portion of the county bounded by a line 
beginning at the intersection of State Road 1112 and State Highway 343; 
then east along State Highway 343 to State Road 1107; then south along 
State Road 1107 to the Camden/Pasquotank County line; then north along 
the Camden/Pasquotank County line to State Road 1112; then north along 
State Road 1112 to the point of beginning.
    Carteret County. The entire county.
    Chatham County. The entire county.
    Cherokee County. That portion of the county lying south and west of 
a line beginning at the intersection of the Cherokee/Clay County line 
and the North Carolina/Georgia State line; then north to U.S. Highway 
64; then northwest along the southern shoreline of Hiwassee Lake to the 
Tennessee State line.
    Chowan County. That portion of the county bounded by a line 
beginning at the intersection of the Chowan/Gates County line and State 
Highway 32; then south along State Highway 32 to State Highway 37; then 
east along State Highway 37 to the Chowan/Perquimans County line; then 
south along the Chowan/Perquimans County line to the shoreline of the 
Albemarle Sound; then west along the shoreline of the Albemarle Sound to 
the Chowan/Bertie County line; then north along the Chowan/Bertie County 
line to the Chowan/Hertford County line; then north along the Chowan/
Hertford County line to the Chowan/Gates County line; then east along 
the Chowan/Gates County line to the point of beginning.
    Clay County. That portion of the county lying southwest of State 
Highway 69 and the North Carolina/Georgia State line; then north along 
Interstate 70 to its intersection with U.S. Highway 64; then west along 
U.S. Highway 64 to the Clay/Cherokee County boundary.
    Cleveland County. The entire county.
    Columbus County. The entire county.
    Craven County. The entire county.
    Cumberland County. The entire county.
    Currituck County. That portion of the county bounded by a line 
beginning at the intersection of the Currituck/Camden County line and 
State Road 1112; then east along State Road 1112 to U.S. Highway 158; 
then south along U.S. Highway 158 to State Road 1111; then east along 
State Road 1111 to the shoreline of the Atlantic Ocean; then south along 
the shoreline of the Atlantic Ocean to the Currituck/Duck County line; 
then south and west along the Currituck/Duck County line to the 
Currituck/Camden County line; then north along the Currituck/Camden 
County line to the point of beginning.
    Dare County. The entire county, excluding the portion of the barrier 
islands south of Oregon Inlet.
    Duplin County. The entire county.
    Durham County. That portion of the county lying south of Interstate 
85.
    Edgecombe County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 111 and the Martin/
Edgecombe County line; then southwest on State Highway 111 to U.S. 
Highway 64 Alternate; then west on U.S. Highway 64 Alternate to County 
Route 1252; then west of this northerly line to County Route 1408; then 
west on County Route 1408 to County

[[Page 106]]

Route 1407; then south on County Route 1407 to the Edgecombe/Nash County 
line.
    Gaston County. The entire county.
    Greene County. The entire county.
    Harnett County. The entire county.
    Hertford County. That portion of the county lying south and east of 
a line beginning at the intersection of State Highway 11 and the Bertie/
Hertford county line; then northeast on State Highway 11 to the U.S. 
Highway 13 Bypass; then northeast on U.S. Highway 13 to the Hertford/
Gates County line.
    Hoke County. The entire county.
    Hyde County. The entire county.
    Iredell County. That portion of the county lying south of State 
Highway 150.
    Johnston County. The entire county.
    Jones County. The entire county.
    Lee County. The entire county.
    Lenoir County. The entire county.
    Lincoln County. That portion of the county lying east of State 
Highway 321.
    Martin County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 111 and the Edgecombe/
Martin County line; then north and east on State Highway 111 to State 
Highway 11/42; then northeast along State Highway 11/42 to the Martin/
Bertie County line.
    Mecklenburg County. The entire county.
    Montgomery County. The entire county.
    Moore County. The entire county.
    Nash County. That portion of the county lying south and east of the 
line beginning at the intersection of U.S. Highway 64 and the Franklin/
Nash County line; then northeast on U.S. Highway 64 to Interstate 95; 
then north on Interstate 95 to State Highway 4; then east on State 
Highway 4 to U.S. Highway 301; then east along a straight line from the 
intersection of State Highway 64 and U.S. Highway 301 to the Nash/
Edgecombe County line.
    New Hanover County. The entire county.
    Onslow County. The entire county.
    Orange County. The portion of the county that lies south of 
Interstate 85.
    Pamlico County. The entire county.
    Pasquotank County. That portion of the county bounded by a line 
beginning at the intersection of the Pasquotank/Perquimans County line 
and U.S. Highway 17; then east along U.S. Highway 17 to the Pasquotank/
Camden County line; then south along the Pasquotank/Camden County line 
to the shoreline of the Albemarle Sound; then west along the shoreline 
of the Albemarle Sound to the Pasquotank/Perquimans County line; then 
north along the Pasquotank/Perquimans County line to the point of 
beginning.
    Pender County. The entire county.
    Perquimans County. That portion of the county bounded by a line 
beginning at the intersection of the Perquimans/Chowan County line and 
State Road 1118; then east along State Road 1118 to State Road 1200; 
then north along State Road 1200 to State Road 1213; then east along 
State Road 1213 to State Road 1214; then southeast along State Road 1214 
to State Road 1221; then northeast along State Road 1221 to the 
Perquimans/Pasquotank County line; then south along the Perquimans/
Pasquotank County line to the shoreline of the Albemarle Sound; then 
west along the shoreline of the Albemarle Sound to the Perquimans/Chowan 
County line; then north along the Perquimans/Chowan County line to the 
point of beginning.
    Pitt County. The entire county.
    Polk County. The entire county.
    Randolph County. That portion of the county lying south of the line 
beginning at the intersection of State Highway 49 and the Davidson/
Randolph County line; then east on State Highway 49 to U.S. Highway 64; 
then east on U.S. Highway 64 to its intersection with the Randolph/
Chatham County line.
    Richmond County. The entire county.
    Robeson County. The entire county.
    Rutherford County. That portion of the county lying south of State 
Highway 74.
    Sampson County. The entire county.
    Scotland County. The entire county.
    Stanly County. The entire county.
    Tyrrell County. The entire county.
    Union County. The entire county.
    Wake County. The entire county.
    Washington County. The entire county.
    Wayne County. The entire county.
    Wilson County. The entire county.

                                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

    The entire State.

                                Tennessee

    Anderson County. That portion of the county lying east and south of 
a line beginning at the intersection of the Roane/Anderson County line 
and Tennessee Highway 330; then northeast on Tennessee Highway 330 to 
Tennessee Highway 116; then north on Tennessee Highway 116 to Interstate 
75; then southeast on Interstate 75 to the Anderson/Knox County line.
    Bedford County. The entire county.
    Benton County. The entire county.
    Bledsoe County. The entire county.
    Blount County. The entire county.
    Bradley County. The entire county.

[[Page 107]]

    Carroll County. The entire county.
    Chester County. The entire county.
    Coffee County. That portion of the county lying west and south of a 
line beginning at the intersection of the Cannon/Coffee County line and 
Tennessee Highway 53; then south on Tennessee Highway 53 to Riddle Road; 
then southeast on Riddle Road to Keele Road; then northeast on Keele 
Road to Tennessee Highway 55; then northeast on Tennessee Highway 55 to 
Swann Road; then east on Swann Road to Wiser Road; then north on Wiser 
Road to Rock Road; then east on Rock Road to Pleasant Knoll Road; then 
north on Pleasant Knoll Road to Marcrom Road; then east on Marcrom Road 
to the Coffee/Warren County line.
    Crockett County. That portion of the county lying east of a line 
beginning at the intersection of the Haywood/Crockett County line and 
U.S. Highway 70A/79; then northeast on U.S. Highway 70A/79 to Tennessee 
Highway 88; then north on Tennessee Highway 88 to Tennessee Highway 54; 
then northeast on Tennessee Highway 54 to the Crockett/Gibson County 
line.
    Cumberland County. That portion of the county lying southeast of a 
line beginning at the intersection of the White/Cumberland County line 
and U.S. Highway 70; then east on U.S. Highway 70 to Market Street (in 
Crab Orchard); then north on Market Street to Main Street; then west on 
Main Street to Chestnut Hill Road; then northeast on Chestnut Hill Road 
to Westchester Drive; then north on Westchester Drive to Peavine Road; 
then east on Peavine Road to Hebbertsburg Road; then northeast on 
Hebbertsburg Road to the Cumberland/Morgan County line.
    Davidson County. That portion of the county lying southeast of a 
line beginning at the intersection of the Williamson/Davidson County 
line and U.S. Highway 431; then northeast on U.S. Highway 431 to 
Tennessee Highway 254; then east on Tennessee Highway 254 to U S. 
Highway 31A/41A; then north on U.S. Highway 31A/41A to Tennessee Highway 
255; then northeast on Tennessee Highway 255 to Interstate 40; then east 
on Interstate 40 to the Davidson/Wilson County line.
    Decatur County. The entire county.
    Fayette County. The entire county.
    Franklin County. The entire county.
    Gibson County. That portion of the county lying southeast of a line 
beginning at the intersection of the Madison/Gibson County line and U.S. 
Highway 45W; then northwest on U.S. Highway 45W to U.S. Highway 45 
Bypass (Tennessee Highway 366); then north on U.S. Highway 45 Bypass to 
U.S. Highway 79/70A; then northeast on U.S. Highway 79/70A to the 
Gibson/Carroll County line.
    Giles County. The entire county.
    Grundy County. The entire county.
    Hamilton County. The entire county.
    Hardeman County. The entire county.
    Hardin County. The entire county.
    Haywood County. That portion of the county lying southeast of 
Tennessee Highway 54.
    Henderson County. The entire county.
    Hickman County. The entire county.
    Humphreys County. That portion of the county lying south of a line 
beginning at the intersection of the Benton/Humphreys County line and 
the line of latitude 36[deg]; then continuing east along the line of 
latitude 36[deg] to Forks River Road; then south on Forks River Road to 
Old Highway 13; then southeast on Old Highway 13 to Tennessee Highway 
13; then south on Tennessee Highway 13 to Interstate 40; then east on 
Interstate 40 to the Humphreys/Hickman County line.
    Knox County. That portion of the county lying southwest of a line 
beginning at the intersection of the Union/Knox County line and 
Tennessee Highway 33; then south on Tennessee Highway 33 to the 
Tennessee River; then northeast along the Tennessee River to the French 
Broad River; then east along the French Broad River to the Knox/Sevier 
County line.
    Lawrence County. The entire county.
    Lewis County. The entire county.
    Lincoln County. The entire county.
    Loudon County. The entire county.
    Madison County. The entire county.
    Marion County. The entire county.
    Marshall County. That portion of the county lying south of a line 
beginning at the intersection of the Maury/Marshall County line and 
Moses Road; then northeast on Moses Road to Wilson School Road; then 
southeast on Wilson School Road to Lunns Store Road; then south on Lunns 
Store Road to Tennessee Highway 99; then east on Tennessee Highway 99 to 
U.S. Highway 31A; then south on U.S. Highway 31A to James Shaw Road; 
then south on James Shaw Road to Clay Hill Road; then east on Clay Hill 
Road to Warner Road; then south on Warner Road to Batten Road; then 
southeast on Batten Road to the Marshall/Bedford County line.
    Maury County. That portion of the county lying south of a line 
beginning at the intersection of the Hickman/Maury County line and Jones 
Valley Road; then east on Jones Valley Road to Leipers Creek Road; then 
south on Leipers Creek Road to Tennessee Highway 247; then northeast on 
Tennessee Highway 247 to Tennessee Highway 246; then north on Tennessee 
Highway 246 to the Maury/Williamson County line.
    McMinn County. The entire county.
    McNairy County. The entire county.
    Meigs County. The entire county.
    Monroe County. The entire county.
    Moore County. The entire county.
    Morgan County. That portion of the county lying south of a line 
beginning at the intersection of the Cumberland/Morgan County line and 
Tennessee Highway 298; then

[[Page 108]]

northeast on Tennessee Highway 298 to Tennessee Highway 62; then 
southeast on Tennessee Highway 62 to the Morgan/Roane County line.
    Perry County. The entire county.
    Polk County. The entire county.
    Rhea County. The entire county.
    Roane County. The entire county.
    Rutherford County. The entire county.
    Sequatchie County. The entire county.
    Shelby County. The entire county.
    Tipton County. That portion of the county lying south of a line 
beginning at the intersection of the Shelby/Tipton County line and 
Tennessee Highway 14; then northeast on Tennessee Highway 14 to 
Tennessee Highway 179; then southeast on Tennessee Highway 179 to the 
Tipton/Haywood County line.
    Van Buren County. The entire county.
    Warren County. That portion of the county lying southeast of a line 
beginning at the intersection of the Coffee/Warren County line and 
Marcrom Road; then east on Marcrom Road to Fred Hoover Road; then north 
on Fred Hoover Road to Tennessee Highway 287; then northwest on 
Tennessee Highway 287 to Vervilla Road; then northeast on Vervilla Road 
to Swan Mill Road; then east on Swan Mill Road to Grove Road; then 
southeast on Grove Road to Tennessee Highway 108/127; then northeast on 
Tennessee Highway 108/127 to the split between Tennessee Highway 108 and 
Tennessee Highway 127; then northeast on Tennessee Highway 127 to 
Tennessee Highway 56; then southeast on Tennessee Highway 56 to Fairview 
Road; then northeast on Fairview Road to Tennessee Highway 8; then 
southeast on Tennessee Highway 8 to Dark Hollow Road; then north on Dark 
Hollow Road to Tennessee Highway 30; then northeast on Tennessee Highway 
30 to the Warren/Van Buren County line.
    Wayne County. The entire county.
    Williamson County. That portion of the county lying northeast of a 
line beginning at the intersection of the Davidson/Williamson County 
line and U.S. Highway 31; then southwest on U.S. Highway 31 to U.S. 
Highway Business 431; then southeast on U.S. Highway Business 431 to 
Mack Hatcher Parkway; then north on Mack Hatcher Parkway to South Royal 
Oaks Boulevard; then northeast on South Royal Oaks Boulevard to 
Tennessee Highway 96; then east on Tennessee Highway 96 to Clovercroft 
Road; then northeast on Clovercroft Road to Wilson Pike; then north on 
Wilson Pike to Clovercroft Road; then northeast on Clovercroft Road to 
Rocky Fork Road; then east on Rocky Fork Road to the Rutherford/
Williamson County line. Also, that portion of the county enclosed by a 
line beginning at the intersection of the Maury/Williamson County line 
and Tennessee Highway 246; then north on Tennessee Highway 246 to 
Thompson Station Road West; then east on Thompson Station Road West to 
Thompson Station Road East; then east on Thompson Station Road East to 
Interstate 65; then south on Interstate 65 to the Williamson/Maury 
County line.

                                  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.
    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.

[[Page 109]]

    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.
    Zavala County. The entire county.

[57 FR 57327, Dec. 4, 1992]

    Editorial Note: For Federal Register citations affecting Sec. 
301.81-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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 Sec. Sec. 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

[[Page 110]]

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 part 305 of this chapter, 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 part 305 of this chapter.

(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; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 
2005; 75 FR 4240, Jan. 26, 2010]



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 interstate in compliance with any additional 
conditions deemed necessary under section 414 of the Plant Protection 
Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; \5\ 
and
---------------------------------------------------------------------------

    \5\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destory, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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;
    (iii) Has been treated in accordance with part 305 of this chapter; 
or.
    (iv) If the article is containerized nursery stock, it has been 
produced in accordance with Sec. 301.81-11.
    (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 conditions that 
the Administrator may impose under section 414 of the Plant Protection 
Act (7 U.S.C. 7714) 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.

[[Page 111]]

    (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; 66 FR 21052, Apr. 27, 2001; 75 FR 4240, Jan. 
26, 2010]



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 part 305 of this chapter, 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; 75 
FR 4240, Jan. 26, 2010]



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 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

[[Page 112]]

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.



Sec. 301.81-11  Imported fire ant detection, control, exclusion, and 

enforcement program for nurseries producing containerized plants.

    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 in accordance with Sec. 301.81-6. 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.
    (a) Detection. (1) Nursery owners are required to visually survey 
their entire premises twice monthly for the presence of imported fire 
ants.
    (2) 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.
    (b) Control. Nursery plants that are shipped under this program must 
originate in a nursery that meets the requirements of this section. 
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 in accordance with part 305 of 
this chapter at least once every 6 months. The first application must be 
performed early in the spring. Followup treatments with a contact 
insecticide in accordance with part 305 of this chapter must be applied 
to eliminate all remaining colonies.
    (c) Exclusion. (1) For plants grown on the premises, treatment of 
soil or potting media in accordance with part 305 of this chapter prior 
to planting is required.
    (2) 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:
    (i) Obtained from nurseries that comply with the requirements of 
this section and that operate under a compliance agreement in accordance 
with Sec. 301.81-6; or
    (ii) Treated upon delivery in accordance with part 305 of this 
chapter, and within the specified number of days be either:
    (A) Repotted in treated potting soil media;

[[Page 113]]

    (B) Retreated in accordance with part 305 of this chapter at the 
specified interval; or
    (C) Shipped.
    (d) Enforcement. (1) The nursery owner must maintain records of the 
nursery's surveys and treatments for the imported fire ant. These 
records must be made available to State and Federal inspectors upon 
request.
    (2) If imported fire ants are detected in nursery stock during an 
inspection by a Federal or State inspector, issuance of certificates for 
movement will 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. 
During this period, certification may be based upon treatments for 
plants in accordance with part 305 of this chapter.
    (3) Upon notification by the department of agriculture in any State 
of destination that a confirmed imported fire ant infestation was found 
on a shipment from a nursery considered free of the imported fire ant, 
the department of agriculture in the State of origin must 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 subpart are being followed.
    (4) 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.

[75 FR 4240, Jan. 26, 2010]

Subpart--Unshu Oranges [Reserved]



                         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. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines the State of New York in 
order to prevent the spread of the golden nematode (Globodera 
rostochiensis), which causes a dangerous disease of potatoes and certain 
other plants and is not widely prevalent or distributed within and 
throughout the United States. Through the aforementioned authorities, 
the Secretary imposes a quarantine on the State of New York with respect 
to the interstate movement from that State of the articles described in 
paragraph (b) of this section, issues regulations in this subpart 
governing the movement of such articles, and gives notice of this 
quarantine action.
    (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 as regulated articles), except in accordance 
with the conditions prescribed in this subpart:

[[Page 114]]

    (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)(iii) (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).
    (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

[[Page 115]]

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; 
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 69 FR 21040, Apr. 
20, 2004]



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:
    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.
    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.
    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.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, axes, hammers, and saws.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.85-2.
    Golden nematode. The nematode known as the golden nematode 
(Globodera rostochiensis), in any stage of development.
    Infestation. The presence of the golden nematode or the existence of 
circumstances that make it reasonable to believe that the golden 
nematode is present.
    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.
    Interstate. From any State into or through any other State.
    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.
    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, potato conveyors, and harvesters and hay 
balers.
    Mechanized soil-moving equipment. Equipment used for moving or 
transporting soil, e.g., draglines, bulldozers, dump trucks, road 
scrapers, etc.
    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.
    Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    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 Protection Act and related legislation, quarantines, and 
regulations.
    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).
    Regulated article. Any articles as described in Sec. 301.85(b).
    Restricted destination permit. A document issued or authorized to be 
issued

[[Page 116]]

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.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    Soil. That part of the upper layer of earth in which plants can 
grow.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    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).

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, June 
7, 2005]



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 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 or she 
may prescribe, if he or she finds

[[Page 117]]

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.

[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]



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. (A) The Town of Montezuma;
    (B) That portion of land within the Town of Mentz owned or operated 
by Martens Farm which lies in an area bounded as follows: Beginning at 
the intersection of Tow Path Road and Maiden Lane; then west along Tow 
Path Road to its intersection with the Town of Mentz boundary; then 
north along the Town of Mentz boundary to its intersection with Maiden 
Lane; then east along Maiden Lane to the point of beginning.
    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. (A) The towns of Prattsburg and Wheeler;
    (B) 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 Railroad) 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 Railroad), then north and northwest along 
the Conrail right-of-way to the point of beginning;
    (C) 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); and
    (D) The property located in the town of Fremont that is bounded as 
follows: Beginning at a point on Babcock Road that intersects a farm 
road marked by latitude/longitude coordinates 42[deg]26[min]12.5[sec], -
77[deg]34[min]30.4[sec]; then west along the farm road to coordinates 
42[deg]26[min]12.2[sec], -77[deg]34[min]41.0[sec]; then south to 
coordinates 42[deg]26[min]09.6[sec], -77[deg]34[min]40.9[sec]; then west 
to coordinates 42[deg]26[min]09.4[sec], -77[deg]34[min]50.7[sec]; then 
south to coordinates 42[deg]26[min]00.7[sec], -77[deg]34[min]50.3[sec]; 
then east to coordinates 42[deg]25[min]59.9[sec], -
77[deg]34[min]40.4[sec]; then south to coordinates 
42[deg]25[min]54.7[sec], -77[deg]34[min]40.0[sec]; then east to 
coordinates 42[deg]25[min]56.3[sec], -77[deg]34[min]37.7[sec]; then 
north to coordinates 42[deg]25[min]58.9[sec], -77[deg]34[min]35.0[sec]; 
then east to coordinates 42[deg]25[min]58.9[sec], -
77[deg]34[min]34.1[sec]; then north to coordinates 
42[deg]26[min]05.8[sec], -77[deg]34[min]32.5[sec]; then east to 
coordinates 42[deg]26[min]05.7[sec], -77[deg]34[min]29.9[sec]; then 
north to the point of beginning at coordinates 42[deg]26[min]12.5[sec], 
-77[deg]34[min]30.4[sec].
    Suffolk County. The entire county.
    Wayne County. The town of Savannah.
    (2) Suppressive area: None.

[51 FR 30050, Aug. 22, 1986, as amended at 69 FR 249, Jan. 5, 2004; 69 
FR 64640, Nov. 8, 2004]



Sec. 301.85-2b  Exempted articles. \1\
---------------------------------------------------------------------------

    \1\ 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 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.

[[Page 118]]

    (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; 67 
FR 8465, Feb. 25, 2002]



Sec. 301.85-3  Conditions governing the interstate movement of regulated 

articles from quarantined States. \2\
---------------------------------------------------------------------------

    \2\ 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 Sec. Sec. 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
    (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 \3\ by

[[Page 119]]

the Deputy Administrator and so listed by him in a supplemental 
regulation. \4\ 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 Sec. Sec. 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.
---------------------------------------------------------------------------

    \3\ 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.
    \4\ For list of approved laboratories, see PP 639 (37 FR 7813, 
15525, and amendments thereof).

[37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002]



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 
the inspector 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 part 
305 of this chapter; 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 part 305 
of this chapter, 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 part 305 of this chapter, 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

[[Page 120]]

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 or 
she 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 or her views thereon.

[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]



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 the inspector 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; 
70 FR 33268, June 7, 2005]



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 sections 414, 
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) 
in accordance with instructions issued by the Deputy Administrator.

[37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001]

[[Page 121]]



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_Pale Cyst Nematode

    Source: 72 FR 51984, Sept. 12, 2007, unless otherwise noted.



Sec. 301.86  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. \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 414 of the Plant Protection 
Act (7 U.S.C. 7714).
---------------------------------------------------------------------------



Sec. 301.86-1  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 (APHIS) of the United States Department of 
Agriculture.
    Associated field. A field that has been found to be at risk for 
infestation with pale cyst nematode in accordance with Sec. 301.86-
3(c)(2).
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of pale cyst nematode 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, wherein the 
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 in 
accordance with Sec. 301.86-4.
    Field. A defined production site that is managed separately from 
surrounding areas for phytosanitary purposes.
    Infestation (infested). The presence of the pale cyst nematode or 
the existence of circumstances that makes it reasonable to believe that 
the pale cyst nematode is present.
    Infested field. A field that has been found to be infested with pale 
cyst nematode in accordance with Sec. 301.86-3(c)(1).
    Inspector. Any employee of APHIS or other person authorized by the 
Administrator to perform the duties required under 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. 301.86-5(b) 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.
    Nursery stock. Living plants and plant parts intended to be planted, 
to remain planted, or to be replanted.
    Pale cyst nematode. The pale cyst nematode (Globodera pallida), in 
any stage of development.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.

[[Page 122]]

    Plant Protection and Quarantine. The Plant Protection and Quarantine 
program of the Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Quarantined area. Any State or portion of a State designated as a 
quarantined area in accordance with the provisions in Sec. 301.86-3.
    Regulated article. Any article listed in Sec. 301.86-2 or otherwise 
designated as a regulated article in accordance with Sec. 301.86-2(i).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.

[72 FR 51984, Sept. 12, 2007, as amended at FR 19381, Apr. 29, 2009]



Sec. 301.86-2  Regulated articles.

    The following are regulated articles:
    (a) Pale cyst nematodes.\2\
---------------------------------------------------------------------------

    \2\ Permit and other requirements for the interstate movement of 
pale cyst nematodes are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) The following pale cyst nematode host crops:

Eggplant (Solanum melongena L.)
Pepper (Capsicum spp.)
Potato (Solanum tuberosum L.)
Tomatillo (Physalis philadelphica)
Tomato (Lycopersicon esculentum L.)

    (c) Root crops.
    (d) Garden and dry beans (Phaseolus spp.) and peas (Pisum spp.).
    (e) All nursery stock.
    (f) Soil, compost, humus, muck, peat, and manure, and products on or 
in which soil is commonly found, including grass sod and plant litter.
    (g) Hay, straw, and fodder.
    (h) Any equipment or conveyance used in an infested or associated 
field that can carry soil if moved out of the field.
    (i) Any other product, article, or means of conveyance not listed in 
paragraphs (a) through (h) of this section that an inspector determines 
presents a risk of spreading the pale cyst nematode, after the inspector 
provides written notification to the person in possession of the 
product, article, or means of conveyance that it is subject to the 
restrictions of this subpart.

[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]



Sec. 301.86-3  Quarantined areas.

    (a) Designation of quarantined areas. In accordance with the 
criteria listed in paragraph (c) of this section, the Administrator will 
designate as a quarantined area each field that has been found to be 
infested with pale cyst nematode, each field that has been found to be 
associated with an infested field, and any area that the Administrator 
considers necessary to quarantine because of its inseparability for 
quarantine enforcement purposes from infested or associated fields. The 
Administrator will publish the description of the quarantined area on 
the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/
plant--health/plant--pest--info/potato/pcn.shtml. The description of the 
quarantined area will include the date the description was last updated 
and a description of the changes that have been made to the quarantined 
area. The description of the quarantined area may also be obtained by 
request from any local office of PPQ; local offices are listed in 
telephone directories. After a change is made to the quarantined area, 
we will publish a notice in the Federal Register informing the public 
that the change has occurred and describing the change to the 
quarantined area.
    (b) Designation of an area less than an entire State as a 
quarantined area. 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 pale cyst nematode.
    (c) Criteria for designation of fields as infested fields and 
associated fields. (1) Infested fields. The Administrator will designate 
a field as an infested field

[[Page 123]]

when a pale cyst nematode is found in the field.
    (2) Associated fields. The Administrator will designate a field as 
an associated field when pale cyst nematode host crops, as listed in 
Sec. 301.86-2(b), have been grown in the field in the last 10 years and
    (i) The field shares a border with an infested field; or
    (ii) The field came into contact with a regulated article listed in 
Sec. 301.86-2 from an infested field within the last 10 years; or
    (iii) Within the last 10 years, the field shared ownership, tenancy, 
seed, drainage or runoff, farm machinery, or other elements of shared 
cultural practices with an infested field that could allow spread of the 
pale cyst nematode, as determined by the Administrator.
    (d) Removal of fields from quarantine--(1) Infested fields. An 
infested field will be removed from quarantine when a protocol approved 
by the Administrator as sufficient to support removal of infested fields 
from quarantine has been completed and the field has been found to be 
free of pale cyst nematode.
    (2) Associated fields. An associated field will be removed from 
quarantine when the field has been found to be free of pale cyst 
nematode according to a protocol approved by the Administrator as 
sufficient to support removal of associated fields from quarantine.
    (3) Removal of other areas from quarantine. If the Administrator has 
quarantined any area other than infested or associated fields because of 
its inseparability for quarantine enforcement purposes from infested or 
associated fields, as provided in paragraph (a) of this section, that 
area will be removed from quarantine when the relevant infested or 
associated fields are removed from quarantine.

[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]



Sec. 301.86-4  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 Sec. Sec. 301.86-5 and 301.86-8;
    (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 (except for refueling and for traffic conditions such 
as traffic lights and stop signs); and
    (C) The regulated article is not unpacked or unloaded in the 
quarantined area; and
    (D) 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 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.



Sec. 301.86-5  Issuance and cancellation of certificates and limited permits.

    (a) Certificates. An inspector \3\ or person operating under a 
compliance agreement may issue a certificate for the interstate movement 
of a regulated article if the inspector determines that

[[Page 124]]

the regulated article satisfies the general requirements for a 
certificate in paragraph (a)(1) of this section and any requirements 
that may apply to the regulated article under paragraphs (a)(2) through 
(a)(7) of this section.
---------------------------------------------------------------------------

    \3\ 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) Certification requirements for all regulated articles. The 
regulated article must be moved in compliance with any additional 
emergency conditions the Administrator may impose under section 414 of 
the Plant Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of 
the pale cyst nematode. In addition, the regulated article must be 
eligible for unrestricted movement under all other Federal domestic 
plant quarantines and regulations applicable to the regulated article.
---------------------------------------------------------------------------

    \4\ Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides 
that the Secretary of Agriculture may, under certain conditions, hold, 
seize, quarantine, treat, apply other remedial measures to destroy or 
otherwise dispose of any plant, plant pest, plant product, article, or 
means of conveyance that is moving, or has moved into or through the 
United States or interstate if the Secretary has reason to believe the 
article is a plant pest or is infested with a plant pest at the time of 
movement.
---------------------------------------------------------------------------

    (2) Certification requirements for nursery stock--(i) Potatoes. 
Potatoes intended for use as nursery stock (i.e., seed potatoes) are 
prohibited from being moved interstate from the quarantined area.
    (ii) Nursery stock of other host crops. An inspector may issue a 
certificate for the interstate movement of nursery stock of pale cyst 
nematode host crops other than potatoes, as listed in Sec. 301.86-2(b), 
if the nursery stock was grown in a field that meets the following 
requirements:
    (A) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (B) The pale cyst nematode has not been found in the field; and
    (C) No more than one pale cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the last 3 years.
    (iii) Nursery stock of non-host crops--(A) With soil. An inspector 
may issue a certificate for the interstate movement of nursery stock of 
non-host crops moved with soil if the nursery stock was grown in a field 
that meets the following requirements:
    (1) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (2) The pale cyst nematode has not been found in the field; and
    (3) No more than one pale cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the field in the last 3 years.
    (B) Without soil (bare-rooted). An inspector may issue a certificate 
for the interstate movement of nursery stock of non-host crops moved 
without soil if the inspector finds the nursery stock to be free of soil 
on its roots and on all other parts of the plant.
    (3) Certification requirements for potatoes for consumption, root 
crops for consumption, garden or dry beans, and peas. An inspector may 
issue a certificate for the movement of potatoes intended for 
consumption, root crops intended for consumption, garden or dry beans, 
or peas from the quarantined area only if the field in which the 
potatoes, root crops, garden or dry beans, or peas were grown meets the 
following requirements:
    (i) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years and prior to the planting of 
the potatoes or root crops;
    (ii) Pale cyst nematode has not been found in the field; and
    (iii) No more than one pale cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the field in the last 3 years.
    (4) Certification requirements for soil and associated products. An 
inspector may issue a certificate for the interstate movement of a 
regulated article listed in Sec. 301.86-2(e) only if the article 
originated in a field that meets the following requirements:
    (i) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (ii) The pale cyst nematode has not been found in the field; and
    (iii) No more than one pale cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the last 3 years.
    (5) Certification requirements for hay, straw, and fodder. An 
inspector may issue a certificate for the movement of

[[Page 125]]

hay, straw, or fodder from the quarantined area only if:
    (i) The field where the hay, straw, or fodder was produced meets the 
following requirements:
    (A) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (B) The pale cyst nematode has not been found in the field; and
    (C) No more than one pale cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the field in the last 3 years; or
    (ii) The hay, straw, or fodder is produced according to procedures 
judged by an inspector to be sufficient to isolate it from soil 
throughout its production.
    (6) Certification requirements for equipment used in infested or 
associated fields. An inspector may issue a certificate for the 
interstate movement of equipment that has been used in an infested or 
associated field and that can carry soil if moved out of the field only 
after the equipment has been pressure-washed under the supervision of an 
inspector to remove all soil or steam-treated in accordance with part 
305 of this chapter.
    (b) Limited permits--(1) General conditions. An inspector \5\ may 
issue a limited permit for the interstate movement of a regulated 
article if the inspector determines that:
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec. 301.86-5(a).
---------------------------------------------------------------------------

    (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 potato 
cyst nematode because life stages of the pale cyst nematode will be 
destroyed by the specified handling, processing, or utilization;
    (ii) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of the potato cyst nematode; and
    (iii) The regulated article is eligible for interstate movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (2) Specific conditions for potatoes for consumption. An inspector 
may issue a limited permit to allow the interstate movement of potatoes 
from the quarantined area for processing or packing only if:
    (i) The potatoes are transported in a manner that prevents the 
potatoes and soil attached to the potatoes from coming into contact with 
agricultural premises outside the quarantined area; and
    (ii) The potatoes are processed or packed at facilities that handle 
potatoes, waste, and waste water in a manner approved by APHIS to 
prevent the spread of potato cyst nematode.
    (c) Certificates and limited permits for the 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 after an inspector has determined that the regulated 
article is 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 
after 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, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all provisions in this subpart for the use of the 
certificate or limited permit or has not complied with all the 
conditions contained in the certificate or limited permit. If the 
withdrawal is oral, the withdrawal and the reasons for the withdrawal 
will 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

[[Page 126]]

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 
0579-0322)

[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]



Sec. 301.86-6  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 is aware of this subpart, agrees to comply 
with its provisions, and agrees to comply with all the provisions 
contained in the compliance agreement. \6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge from 
local Plant Protection and Quarantine offices, which are listed in 
telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either 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 
any of the provisions of 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, 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. 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.



Sec. 301.86-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.86-5(c)) who desires a certificate or 
limited permit to move a regulated article interstate 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. 301.86-5(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. 301.86-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the interstate 
movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill. If 
the certificate or limited permit is attached to the consignee's copy of 
the waybill, the regulated article must be 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 or the carrier's 
representative to the consignee listed on the certificate or limited 
permit upon arrival at the location provided on the certificate or 
limited permit.

(Approved by the Office of Management and Budget under control number 
0579-0322)



Sec. 301.86-9  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. APHIS will not be responsible for any costs or charges 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in

[[Page 127]]

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 inspector is authorized to stop and inspect persons and 
means of conveyance, and to hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
    \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. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines Hawaii to prevent the 
artificial spread of leaf scald disease and quarantines Puerto Rico to 
prevent the artificial spread of gummosis disease and leaf scald 
disease. The regulations in this subpart govern the interstate movement 
from Hawaii and Puerto Rico of the regulated articles described in Sec. 
301.87-2.
    (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.

[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001]



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.
    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.

[[Page 128]]

``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 Protection Act and related legislation, quarantines, and 
regulations.
    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; 
66 FR 21052, Apr. 27, 2001]



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 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

[[Page 129]]

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 Sec. Sec. 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 part 305 of this chapter, 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 conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \6\ to prevent the spread of sugarcane 
diseases; and
---------------------------------------------------------------------------

    \6\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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:
    (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 conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \6\ to prevent the spread of sugarcane 
diseases; 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

[[Page 130]]

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.

[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001; 
75 FR 4241, Jan. 26, 2010]



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 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

[[Page 131]]

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  [Reserved]



                           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 
by the presence of bunted kernels or teliospores.
    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.
    Grain. Wheat, durum wheat, and triticale used for consumption or 
processing.
    Grain storage facility. That part of a grain handling operation or 
unit or a grain handling operation, consisting or

[[Page 132]]

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.
    Hay. Host crops cut and dried for feeding to livestock. Hay cut 
after reaching the dough stage may contain mature kernels of the host 
crop.
    Host crops. Plants or plant parts, including grain, seed, or hay, of 
wheat, durum wheat, and triticale.
    Infestation (infected). The presence of Karnal bunt, or any 
identifiable stage of development (i.e., bunted kernels in grain, bunted 
kernels or teliospores in seed) 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, grain buggies, trucks, swathers, and hay 
balers.
    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.
    Plant. Any plant (including any plant part) for or capable of 
propagation, including a tree, a tissue culture, a plantlet culture, 
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a 
root, and a seed.
    Seed. Wheat, durum wheat, and triticale used for propagation.
    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, or any State, territory, or possession of the United States.
    Straw. The vegetative material left after the harvest of host crops. 
Straw is generally used as animal feed, bedding, mulch, or for erosion 
control.
    Tilling. The turning of a minimum of the top 6 inches of soil.

[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; 69 FR 8095, Feb. 23, 2004]



Sec. 301.89-2  Regulated articles.

    The following are regulated articles:
    (a) Conveyances, including trucks, railroad cars, and other 
containers used to move host crops produced in a regulated area that 
have tested positive for Karnal bunt through the presence of bunted 
kernels;
    (b) Grain elevators/equipment/structures used for storing and 
handling host crops produced in a regulated area that have tested 
positive for Karnal bunt through the presence of bunted kernels;
    (c) Seed conditioning equipment and storage/handling equipment/
structures that have been used in the production of wheat, durum wheat, 
and triticale found to contain the spores of Tilletia indica;
    (d) Plants or plant parts (including grain, seed, and straw) and hay 
cut after reaching the dough stage of all varieties of wheat (Triticum 
aestivum), durum wheat (Triticum durum), and triticale (Triticum 
aestivum X Secale cereale) that are produced in a regulated area, except 
for straw/stalks/seed heads for decorative purposes that have been 
processed or manufactured prior

[[Page 133]]

to movement and are intended for use indoors;
    (e) Tilletia indica (Mitra) Mundkur;
    (f) Mechanized harvesting equipment that has been used in the 
production of wheat, durum wheat, or triticale that has tested positive 
for Karnal bunt through the presence of bunted kernels; and
    (g) Any other product, article, or means of conveyance when:
    (1) An inspector determines that it presents a risk of spreading 
Karnal bunt based on appropriate testing and the intended use of the 
product, article, or means of conveyance; and
    (2) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.

[69 FR 8095, Feb. 23, 2004]



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 (g) 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:
    (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 has been determined to be associated with grain at a handling 
facility containing a bunted kernel of a host crop (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 the field associated with the bunted kernel at the handling 
facility).
    (f) A field known to have been infected with Karnal bunt, as well as 
any non-infected acreage surrounding the

[[Page 134]]

field, will be released from regulation if:
    (1) The field has been permanently removed from crop production; or
    (2) The field is tilled at least once per year for a total of 5 
years (the years need not be consecutive). After tilling, the field may 
be planted with a crop or left fallow. If the field is planted with a 
host crop, the crop must test negative, through the absence of bunted 
kernels, for Karnal bunt.
    (g) 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 98, Riverdale, MD 20737-1236):

                                 Arizona

    La Paz County. Beginning at the northeast corner of sec. 24, T. 8 
N., R. 21 W.; then south to the southeast corner of sec. 1, T. 7 N., R. 
21 W.; then east to the northeast corner of sec. 7, T. 7 N., R. 20 W.; 
then south to the southeast corner of sec. 19, T. 7 N., R. 20 W.; then 
west to the southwest corner of sec. 19, T. 7 N., R. 20 W.; then south 
to the southeast corner of sec. 36, T. 7 N., R. 21 W.; then west to the 
southwest corner of sec. 36, T. 7 N., R. 21 W.; then south to the 
southeast corner of sec. 2, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 2, T. 6 N., R. 21 W.; then south to the 
southeast corner of sec. 10, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 8, T. 6 N., R. 21 W.; then north to the 
southwest corner of sec. 5, 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 
northwest corner of sec. 6, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 36, T. 7 N., R. 22 W., then north to the 
northwest corner of sec. 24, T. 7 N., R. 22 W.; then east to the 
northeast corner of sec. 24, T. 7 N., R. 22 W.; then north from that 
point to the Colorado River; then northeast along the Colorado River to 
the northern boundary of sec. 16, T. 8 N., R. 21 W.; then east to the 
northeast corner of sec. 14, T. 8 N., R. 21 W.; then south to the 
southeast corner of sec. 14, T. 8 N., R. 21 W.; then east to the point 
of beginning.
    Maricopa County. (1) Beginning at the southeast corner of sec. 8, T. 
1 S., R. 2 E.; then west to the southwest corner of sec. 8, T. 1 S., R. 
2 E.; then south to the southeast corner of sec. 18, T. 1 S., R. 2 E.; 
then west to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then 
north to the northwest corner of sec. 14, T. 1 S., R. 1 E.; then west to 
the southwest corner of sec. 9, T. 1 S., R. 1 E.; then north to the 
northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to the southwest 
corner of sec. 5, T. 1 S., R. 1 E.; then north to the northwest corner 
of sec. 5, T. 1 S., R. 1 E.; then west to the northeast corner of sec. 
6, T. 1 S., R. 1 W.; then south to the southeast corner of sec. 7, T. 1 
S., R. 1 W.; then west to the northeast corner of sec. 14, T. 1 S., R. 2 
W.; then south to the southeast corner of sec. 14, T. 1 S., R. 2 W.; 
then west to the northeast corner of sec. 20, T. 1 S., R. 2 W.; then 
south to the southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to 
the northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the 
southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the 
southwest corner of sec. 26, T. 1 S., R. 5 W.; then north to the 
northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the 
southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the 
northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the northeast 
corner of sec. 7, T. 1 N., R. 2 W.; then north to the northwest corner 
of sec. 5, T. 1 N., R. 2 W.; then east to the northeast corner of sec. 
5, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 33, T. 2 
N., R. 2 W.; then east to the northeast corner of sec. 33, T. 2 N., R. 2 
W.; then north to the northwest corner of sec. 3, T. 3 N., R. 2 W.; then 
east to the northeast corner of sec. 1, T. 3 N., R. 1 W.; then south to 
the northwest corner of sec. 19, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 20, T. 3 N., R. 1 E.; then south to the 
northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the 
southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the 
southeast corner of sec. 35, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the 
northeast corner of sec. 1, T. 1 N., R. 1 E.; then east to the northeast 
corner of sec. 4, T. 1 N., R. 2 E.; then south to the northwest corner 
of sec. 15, T. 1 N., R. 2 E.; then east to the northeast corner of sec. 
14, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 35, T. 
1 N., R. 2 E.; then west to the northeast corner of sec. 3, T. 1 S., R. 
2 E.; then south to the southeast corner of sec. 3, T. 1 S., R. 2 E.; 
then west to the southwest corner of sec. 4, T. 1 S., R. 2 E.; then 
south to the point of beginning.
    (2) Beginning at the intersection of the Maricopa/Pinal County line 
and the southeast corner of sec. 36, T. 2 S., R. 7 E.; then west along 
the Maricopa/Pinal County line to the southwest corner of sec. 33, T. 2 
S., R. 5 E.; then north to the northwest corner of sec. 33; then west to 
the southwest corner of sec. 30, T. 2 S., R. 5 E.; then north to the 
southeast corner of sec. 25, T. 2 S., R. 4 E.; then west to the 
southwest corner of sec. 25, T. 2 S., R. 4 E.; then north to the 
southwest corner of sec. 13, T. 2 S., R. 4 E.; then west to the 
southwest corner of sec. 15, T. 2 S., R. 4 E.; then north to the 
northwest corner of

[[Page 135]]

sec. 3, T. 2 S., R. 4 E.; then east to the southwest corner of sec. 35, 
T. 1 S., R. 4 E.; then north to the northwest corner of sec. 35, T. 1 
S., R. 4 E.; then east to the northeast corner of sec. 33, T. 1 S., R. 5 
E.; then north to the northwest corner of sec. 27, T. 1 S., R. 5 E.; 
then east to the northeast corner of sec. 27, T. 1 S., R. 5 E.; then 
north to the northwest corner of sec. 23, T. 1 S., R. 5 E.; then east to 
the northeast corner of sec. 21,T. 1 S., R. 6 E.; then south to the 
southeast corner of sec. 21, T. 1 S., R. 6 E.; then east to the 
northeast corner of sec. 27, T. 1 S., R. 6 E.; then south to the 
southeast corner of sec. 27, T. 1 S., R. 6 E.; then east to the 
northeast corner of sec. 31, T. 1 S., R. 7 E.; then south to the 
northwest corner of sec. 5, T. 2 S., R. 7 E.; then east to the northeast 
corner of sec. 3, T. 2 S., R. 7 E.; then north to the northwest corner 
of sec. 35, T. 1 S., R. 7 E.; then east to the northeast corner of sec. 
36, T. 1 S., R. 7 E. and the Maricopa/Pinal County line; then south 
along the Maricopa/Pinal County line to the point of beginning.
    Pinal County: (1) Beginning at the intersection of the Maricopa/
Pinal County line and the northwest corner of sec. 31, T. 1 S., R. 8 E.; 
then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.; then 
south to the northwest corner of sec. 4, T. 2 S., R. 8 E.; then east to 
the northeast corner of sec. 4, T. 2 S., R. 8 E.; then south to the 
southeast corner of sec. 4, T. 3 S., R. 8 E.; then west to the northeast 
corner of sec. 8, T. 3 S., R. 8 E.; then south to the southeast corner 
of sec. 8, T. 3 S., R. 8 E.; then west to the southwest corner of sec. 
12, T 3 S., R. 7 E.; then north to the southeast corner of sec. 2, T. 3 
S., R. 7 E.; then west to the northeast corner of sec. 9, T. 3 S., R. 6 
E.; then south to the southeast corner of sec. 28, T. 3 S., R. 6 E.; 
then west to the southwest corner of sec. 28, T. 3 S., R. 6 E.; then 
south to the southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to 
the southwest corner of sec. 35, T. 3 S., R. 5 E.; then north to the 
northwest corner of sec. 35, T. 3 S., R. 5 E.; then west to the 
southwest corner of sec. 27, T. 3 S., R. 5 E.; then north to the 
northwest corner of sec. 10, T. 3 S., R. 5 E.; then west to the 
southwest corner of sec. 4, T. 3 S., R. 5 E.; then north to the 
northwest corner of sec. 4, T. 3 S., R. 5 E. and the intersection of the 
Maricopa/Pinal County line; then east along the Maricopa/Pinal County 
line to the northwest corner of sec. 6, T. 3 S., R. 8 E.; then north 
along the Maricopa/Pinal County line to the point of beginning.
    (2) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; 
then west to the southwest corner of sec. 1, T. 6 S., R. 3 E.; then 
south to the southeast corner of sec. 14, T. 6 S., R. 3 E.; then west to 
the southwest corner of sec. 14, T. 6 S., R. 3 E.; then south to the 
southeast corner of sec. 22, T. 6 S., R. 3 E.; then west to the 
northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the 
southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the 
southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the 
southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the 
southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 11, T. 6 S., R. 2 E.; then north to the 
northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the 
northeast corner of sec. 35, T. 4 S., R. 2 E.; then north to the 
northwest corner of sec. 25, T. 4 S., R. 2 E.; then east to the 
southwest corner of sec. 20, T. 4 S., R. 3 E.; then north to the 
northwest corner of sec. 20, T. 4 S., R. 3 E.; then east to the 
northeast corner of sec. 24, T. 4 S., R. 3 E.; then south to the 
southeast corner of sec. 24, T. 4 S., R. 3 E.; then east to the 
northeast corner of sec. 28, T. 4 S., R. 4 E.; then south to the 
northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the 
northeast corner of sec. 35, T. 4 S., R. 4 E.; then south to the 
northwest corner of sec. 1, T. 5 S., R. 4 E.; then east to the northeast 
corner of sec. 1, T. 5 S., R. 4 E.; then south to the southeast corner 
of sec. 1, T. 5 S., R. 4 E.; then west to the northeast corner of sec. 
12, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 24, T. 
5 S., R. 4 E.; then west to the southwest corner of sec. 24, T. 5 S., R. 
4 E.; then south to the northeast corner of sec. 35, T. 5 S., R. 4 E.; 
then west to the northwest corner of sec. 35, T. 5 S., R. 4 E.; then 
south to the southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to 
the northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 49, T. 6 S., R. 4 E.; then west to the 
northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the point of 
beginning.

                               California

    Riverside County. That portion of Riverside County known as the Palo 
Verde Valley (in part) bounded by a line drawn as follows: Beginning at 
the intersection of 22nd Avenue and State Highway 78; then north on 
State Highway 78 to an unnamed road at 33.548088 latitude and -
114.656718 longitude; then east on the unnamed road to an unnamed canal 
at 33.548066 latitude and -114.647868 longitude; then north on the 
unnamed canal to 33.548360 latitude and ;-114.647877 longitude; then 
east from that point to 33.548360 latitude and -114.643696 longitude; 
then north from that point to 33.550088 latitude and -114.643692 
longitude; then east from that point to 33.550044 latitude and -
114.639367 longitude; then north from that point to 33.551705 latitude 
and -114.639367 longitude; then east from that point to the Atchison, 
Topeka, and Santa Fe Railroad tracks at 33.551740 latitude and -
114.634545 longitude; then southwest along the Atchison, Topeka, and 
Santa Fe Railroad tracks to 33.548300 latitude and -114.637487 
longitude; then east from that point to the C Canal at 33.548277 
latitude and

[[Page 136]]

-114.626363 longitude; then north along the C Canal to 33.549084 
latitude and -114.626372 longitude; then east from that point to South 
Defrain Boulevard at 33.549145 latitude and -114.621792 longitude; then 
south on South Defrain Boulevard to 33.548217 latitude and -114.621774 
longitude; then east from that point to Lovekin Drain at 33.548338 
latitude and -114.612488 longitude; then south along Lovekin Drain to 
22nd Avenue; then east on 22nd Avenue to South Lovekin Boulevard; then 
south on South Lovekin Boulevard to 33.541141 latitude and -114.603889 
longitude; then east from that point to 33.541274 latitude and -
114.595394 longitude; then southeast from that point to 33.540357 
latitude and -114.59219 longitude; then south from that point to 
33.536702 latitude and -114.595261 longitude; then northeast from that 
point to 33.537766 latitude and -114.593187 longitude; then east from 
that point to an unnamed canal beginning at 33.537887 latitude and -
114.586582 longitude; then south along the unnamed canal to 33.534809 
latitude and -114.586554 longitude; then southeast from that point to S 
C and D Boulevard at 33.534561 latitude and -114.586228 longitude; then 
south on S C and D Boulevard to 33.523400 latitude and -114.585948 
longitude; then east from that point to the D-10-11 Canal at 33.523596 
latitude and -114.577832 longitude; then southwest along the D-10-11 
Canal to the boundary line of Riverside County at 33.540900 latitude and 
-114.544620 longitude; then southeast along the Riverside County 
boundary line to 33.455829 latitude and -114.623143 longitude; then west 
from that point to 33.455783 latitude and -114.669038 longitude; then 
north from that point to South End Drain at 33.456190 latitude and -
114.669076 longitude; then north along South End Drain to 34th Avenue; 
then west on 34th Avenue to 33.463226 latitude and -114.682378 
longitude; then north from that point to the C-18-1 Canal; then west 
along the C-18-1 Canal to 33.470427 latitude and -114.691076 longitude; 
then north from that point to an unnamed canal at latitude 33.474836 and 
-114.691197 longitude; then southwest along the unnamed canal to Palo 
Verde Lagoon; then northeast along Palo Verde Lagoon to Rannells Drain; 
then north along Rannells Drain to 33.499639 latitude and -114.961526 
longitude; then north from that point to the C-03 Canal; then north 
along the C-03 Canal to 33.522835 latitude and -114.687051 longitude; 
then north from that point to 24th Avenue; then east on 24th Avenue to 
the C-03 Canal; then north along the C-03 Canal to 33.537501 latitude 
and -114.682892 longitude; then east from that point to Stephenson 
Boulevard; then north on Stephenson Boulevard to 22nd Avenue; then east 
on 22nd Avenue to the point of beginning.

[61 FR 52207, Oct. 4, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
301.89-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 301.89-4  Planting.

    Any wheat, durum wheat, or triticale that originates within a 
regulated area must be tested and found free from bunted wheat kernels 
and spores before it may be used as seed within or outside a regulated 
area.

[69 FR 8096, Feb. 23, 2004]



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:
    (1) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 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 part 305 of this 
chapter 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;
    (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

[[Page 137]]

measures, destroyed, or otherwise disposed of. Any treatments will be in 
accordance with part 305 of this chapter.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 
FR 50751, Sept. 23, 1998; 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 
26, 2010; 75 FR 68945, Nov. 10, 2010]



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

    (a) An inspector \1\ 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:
---------------------------------------------------------------------------

    \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, Surveillance and Emergency 
Programs Planning and Coordination, 4700 River Road Unit 98, 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 conditions deemed 
necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 
\2\ to prevent the artificial spread of Karnal bunt; and
---------------------------------------------------------------------------

    \2\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 431 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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 part 305 of this chapter.
    (b) To be eligible for movement under a certificate, hay cut after 
the dough stage or grain from a field within a regulated area must be 
tested prior to its movement from the field or before it is commingled 
with similar commodities and must be found free from bunted kernels. If 
bunted kernels are found, the grain or hay will be eligible for movement 
only under a limited permit issued in accordance with paragraph (c) of 
this section, and the field of production will be considered positive 
for Karnal bunt.
    (c) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the movement 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 conditions the 
Administrator may impose under section 414 of the Plant Protection Act 
(7 U.S.C. 7714) 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 the applicable requirements of 
paragraphs (a) and (b) of this section for the issuance of certificates 
or of paragraph (c) of this section for the issuance of limited permits.

[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; 66 FR 21053, Apr. 
27, 2001; 67 FR 21161, Apr. 30, 2002; 69 FR 8096, Feb. 23, 2004; 75 FR 
4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010]

[[Page 138]]



Sec. 301.89-7  Compliance agreements.

    Persons who grow, handle, or move regulated articles may enter into 
a compliance agreement \3\ 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 part 305 of this chapter, 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.
---------------------------------------------------------------------------

    \3\ 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, 
Surveillance and Emergency Program Planning and Coordination, 4700 River 
Road Unit 98, Riverdale, Maryland 20737-1236.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 69 
FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 
2010]



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 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 \4\ at least 24 hours before the services 
are needed.
---------------------------------------------------------------------------

    \4\ See footnote 1.
---------------------------------------------------------------------------

    (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; 75 FR 68945, Nov. 10, 2010]



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.

[[Page 139]]

    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, disinfection, and disposal.

    (a) Mechanized harvesting equipment that has been used to harvest 
host crops that test positive for Karnal bunt based on the presence of 
bunted kernels must be cleaned and, if disinfection is determined to be 
necessary by an inspector, disinfected in accordance with part 305 of 
this chapter prior to movement from a regulated area.
    (b) Seed conditioning equipment that was used in the conditioning of 
seed that was tested and found to contain spores or bunted kernels of 
Tilletia indica must be cleaned and disinfected in accordance with part 
305 of this chapter prior to being used in the conditioning of seed that 
has tested negative for the spores of Tilletia indica or to being moved 
from a regulated area.
    (c) Any grain storage facility, including on-farm storage, that is 
used to store seed that has tested bunted-kernel or spore positive or 
grain that has tested bunted-kernel positive must be cleaned and, if 
disinfection is determined to be necessary by an inspector, disinfected 
in accordance with part 305 of this chapter if the facility will be used 
to store grain or seed in the future.
    (d) Conveyances used to move bunted-kernel-positive host crops, 
including trucks, railroad cars, and other containers, that have sloping 
metal sides leading directly to a bottom door or slide chute, are self 
cleaning, and will not be required to be cleaned and disinfected.
    (e) Spore-positive wheat, durum wheat, or triticale seed that has 
been treated with any chemical that renders it unfit for human or animal 
consumption must be disposed of by means of burial under a minimum of 24 
inches of soil in a nonagricultural area that will not be cultivated or 
in an approved landfill.

[69 FR 8096, Feb. 23, 2004, as amended at 75 FR 4241, Jan. 26, 2010]



Sec. Sec. 301.89-13---14  [Reserved]



Sec. 301.89-15  Compensation for growers, handlers, and seed companies in the 

1999-2000 and subsequent crop seasons.

    Growers, handlers, and seed companies are eligible to receive 
compensation from the United States Department of Agriculture (USDA) for 
the 1999-2000 and subsequent 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 and handlers of wheat grown in Oklahoma 
during the 2000-2001 growing season are eligible to receive compensation 
if the wheat was commingled in storage with wheat that meets the above 
requirements of this paragraph. Growers, handlers, and seed companies in 
areas under the first regulated crop season are eligible for 
compensation for 1999-2000 or subsequent crop season wheat and for wheat 
inventories in their possession that were unsold at the time the area 
became regulated. The compensation provided in this paragraph is for 
wheat grain, certified wheat seed, wheat held back from harvest by a 
grower in the 2000-2001 growing season for use as seed in the next 
growing season, 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

[[Page 140]]

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 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. For the 1999-2000 crop season and the 2000-2001 crop season only, 
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 will 
not be eligible for compensation for wheat from the 2001-2002 and 
subsequent crop seasons; except that, for growers or handlers of wheat 
harvested in any field in the Texas counties of Archer, Baylor, 
Throckmorton, and Young during the 2000-2001 crop season that has not 
been found to contain a bunted wheat kernel, this requirement applies to 
compensation for wheat from the 2002-2003 and subsequent crop seasons. 
The compensation provided in this paragraph 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.

[[Page 141]]

    (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 1999-2000 crop season must be received by FSA on or 
before December 4, 2001. Claims for compensation for subsequent crop 
seasons must be received by FSA on or before March 1 of the year 
following that crop season. The Administrator may extend the deadline, 
upon request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or 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).
    (d) Special allowance for negative wheat grown in Archer, Baylor, 
Throckmorton, and Young Counties, TX, in the 2000-2001 growing season. 
Notwithstanding any other provision of this section, wheat that was 
harvested from fields in Archer, Baylor, Throckmorton, or Young 
Counties, TX, in the 2000-2001 growing season, and that tested negative 
for Karnal bunt after harvest, is eligible for compensation in 
accordance with paragraph (a) of this section.

[[Page 142]]

    (e) Special allowance for disposal costs for treated uncertified 
wheat seed in Archer, Baylor, Throckmorton, and Young Counties, TX, in 
the 2000-2001 growing season. Notwithstanding any other provision of 
this section, growers in Archer, Baylor, Throckmorton, or Young 
Counties, TX, who own treated uncertified wheat seed that tested 
positive for Karnal bunt spores during the 2000-2001 growing season are 
eligible for compensation in accordance with this paragraph. The grower 
is eligible for compensation for the costs of disposing of such wheat 
seed, by burial on the grower's premises, by burial at a landfill, or 
through another means approved by APHIS. The compensation for disposing 
of wheat seed by burial on the grower's premises is $1.00 per bushel. 
The compensation for disposing of wheat seed by burial at a landfill, or 
through another means approved by APHIS, is the actual cost of disposal, 
up to $1.20 per bushel, as verified by receipts for disposal costs. To 
apply for this compensation, the grower must submit a Karnal Bunt 
Compensation Claim form, provided by FSA, and 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 uncertified wheat seed that tested positive for spores (such as a 
copy of a facility weigh ticket, or other verification). For seed 
disposed of by burial at a landfill the grower must also submit one or 
more receipts for the disposal costs of the uncertified wheat seed, 
showing the total bushels destroyed and the total disposal costs 
(landfill fees, transportation costs, etc.).

[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 
66 FR 40842, Aug. 6, 2001; 67 FR 21566, May 1, 2002]



Sec. 301.89-16  Compensation for grain storage facilities, flour millers, 

National Survey participants, and certain custom harvesters and equipment 

owners or lessees for the 1999-2000 and subsequent 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 1999-
2000and subsequent 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 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 1999-2000 crop season must be received by APHIS on 
or before December 4, 2001. Claims for compensation for the 2000-2001 
crop season and beyond must be received by March 1 of the year following 
that crop season. The Administrator may extend these deadlines upon 
written request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates.

[[Page 143]]

    (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 
1999-2000 crop season must be received by APHIS on or before December 4, 
2001. Claims for compensation for the 2000-2001 crop season and beyond 
must be received by March 1 of the year following that crop season. The 
Administrator may extend these deadlines upon written request in 
specific cases, when unusual and unforeseen circumstances occur that 
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 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 1999-2000 crop season must be received by APHIS on 
or before December 4, 2001. Claims for compensation for the 2000-2001 
crop season and beyond must be received by March 1 of the year following 
that crop season. The Administrator may extend these deadlines upon 
written request in specific cases, when unusual and unforeseen 
circumstances occur that 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

[[Page 144]]

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 1999-2000 crop season must be received 
by APHIS on or before December 4, 2001. Claims for compensation for the 
2000-2001 crop season and beyond must be received by March 1 of the year 
following that crop season. The Administrator may extend these deadlines 
upon written request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates.
    (d) Special allowances for custom harvesters and equipment owners or 
lessees for costs related to cleaning and disinfection of mechanized 
harvesting and other equipment in Archer, Baylor, Throckmorton, and 
Young Counties, TX, in the 2000-2001 crop season. All claims for 
compensation under this paragraph Sec. 301.89-16(d) must be received by 
APHIS on or before September 6, 2005. The Administrator may extend this 
deadline upon written request in specific cases, when unusual and 
unforeseen circumstances occur that prevent or hinder a claimant from 
requesting compensation on or before this date. All compensation 
payments made under this paragraph Sec. 301.89-16(d) will be issued by 
APHIS. Claims for compensation should be sent to Plant Protection and 
Quarantine, APHIS, USDA, 304 West Main Street, Olney, TX 76374.
    (1) Custom harvesters. (i) Cleaning and disinfection of mechanized 
harvesting equipment. Custom harvesters who harvested host crops that an 
inspector determined to be infected with Karnal bunt and that were grown 
in Archer, Baylor, Throckmorton, or Young Counties, TX, during the 2000-
2001 crop season are eligible to receive compensation for the cost of 
cleaning and disinfecting their mechanized harvesting equipment as 
required by Sec. 301.89-12(a). Compensation for the cost of cleaning 
and disinfection mechanized harvesting equipment used to harvest Karnal 
bunt-infected host crops will be either the actual cost or $750 per 
cleaned machine, whichever is less. To claim compensation, a custom 
harvester must provide copies of a contract or other signed agreement 
for harvesting in Archer, Baylor, Throckmorton, or Young County during 
the 2000-2001 crop season, signed on a date prior to the designation of 
the county as a regulated area for Karnal bunt, or an affidavit stating 
that the custom harvester entered into an agreement to harvest in 
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop 
season prior to the designation of the county as a regulated area for 
Karnal bunt, signed by the customer with whom the custom harvester 
entered into the agreement; a copy of the PPQ-540 certificate issued to 
allow the movement of mechanized harvesting equipment from a regulated 
area after it had been used to harvest host crops that an inspector 
determined to be infected with Karnal bunt and had been subsequently 
cleaned and disinfected; and a receipt showing the cost of the cleaning 
and disinfection.
    (ii) Contracts lost due to cleaning and disinfection. Custom 
harvesters who harvested host crops that an inspector determined to be 
infected with Karnal bunt and that were grown in Archer, Baylor, 
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season 
are also eligible to be compensated for the revenue lost if they lost 
one contract due to downtime necessitated by cleaning and disinfection, 
if the contract to harvest Karnal bunt-infected host crops in a 
previously nonregulated area was signed before the area was declared a 
regulated area for Karnal bunt. Compensation will only be provided for 
one contract lost due to cleaning and disinfection. Compensation for any 
contract that was lost due to cleaning and disinfection will be either 
the full value of the contract or $23.48 for each acre that was to have 
been harvested under the contract, whichever is less. To claim 
compensation, a custom harvester must provide copies of a contract or 
other signed agreement for harvesting in Archer, Baylor, Throckmorton, 
or Young County during the 2000-2001 crop season,

[[Page 145]]

signed on a date prior to the designation of the county as a regulated 
area for Karnal bunt, or an affidavit stating that the custom harvester 
entered into an agreement to harvest in Archer, Baylor, Throckmorton, or 
Young County during the 2000-2001 crop season prior to the designation 
of the county as a regulated area for Karnal bunt, signed by the 
customer with whom the custom harvester entered into the agreement; a 
copy of the PPQ-540 certificate issued to allow the movement of 
mechanized harvesting equipment from a regulated area after it has been 
used to harvest host crops that an inspector determined to be infected 
with Karnal bunt and had been subsequently cleaned and disinfected; and 
the contract for harvesting in an area not regulated for Karnal bunt 
that had been lost due to time lost to cleaning and disinfecting 
harvesting equipment, signed on a date prior to the designation of the 
relevant county as a regulated area for Karnal bunt, for which the 
custom harvester will receive compensation, or an affidavit stating that 
the custom harvester entered into an agreement to harvest in an area not 
regulated for Karnal bunt prior to the designation of the county as a 
regulated area for Karnal bunt and stating the number of acres that were 
to have been harvested and the amount the custom harvester was to have 
been paid under the agreement, signed by the customer with whom the 
custom harvester entered into the agreement.
    (iii) Fixed costs incurred during cleaning and disinfection. Custom 
harvesters who harvested host crops that an inspector determined to be 
infected with Karnal bunt and that were grown in Archer, Baylor, 
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season 
who do not apply for compensation for a contract lost due to cleaning 
and disinfection as described in paragraph (d)(1)(ii) of this section 
are eligible for compensation for fixed costs incurred during cleaning 
and disinfection. Compensation for fixed costs incurred during cleaning 
and disinfection will be $2,000. To claim compensation, a custom 
harvester must provide copies of a contract or other signed agreement 
for harvesting in Archer, Baylor, Throckmorton, or Young County during 
the 2000-2001 crop season, signed on a date prior to the designation of 
the county as a regulated area for Karnal bunt, or an affidavit stating 
that the custom harvester entered into an agreement to harvest in 
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop 
season prior to the designation of the county as a regulated area for 
Karnal bunt, signed by the customer with whom the custom harvester 
entered into the agreement; and a copy of the PPQ-540 certificate issued 
to allow the movement of mechanized harvesting equipment from a 
regulated area after it has been used to harvest host crops that an 
inspector determined to be infected with Karnal bunt and has been 
subsequently cleaned and disinfected.
    (2) Other equipment; cleaning and disinfection. Owners or lessees of 
equipment other than mechanized harvesting equipment and seed 
conditioning equipment that came into contact with host crops that an 
inspector determined to be infected with Karnal bunt in Archer, Baylor, 
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season 
and that was required by an inspector to be cleaned and disinfected are 
eligible for compensation for the cost of cleaning and disinfection. 
Compensation for the cleaning and disinfection of such equipment will be 
$100. To receive this compensation, owners or lessees must submit a copy 
of the PPQ-540 certificate issued to allow the movement of the equipment 
from a regulated area after it had been in contact with host crops that 
an inspector determined to be infected with Karnal bunt and had been 
subsequently cleaned and disinfected.

(Approved by the Office of Management and Budget under control number 
0579-0248.)

[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 
66 FR 40842, Aug. 6, 2001; 69 FR 24915, May 5, 2004; 69 FR 41181, July 
8, 2004; 70 FR 24302, May 9, 2005]

Subpart--Corn Cyst Nematode [Reserved]



                      Subpart_European Larch Canker

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

[[Page 146]]

                       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 sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



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:
    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).
    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.
    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.
    European larch canker. The plant disease known as European larch 
canker, Lachnellula willkommi (Dasycypha), in any stage of development.
    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.
    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. 301.91-5(b).
    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.
    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 Protection Act and related legislation, quarantines, and 
regulations.
    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).
    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).

[[Page 147]]

    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.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



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 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 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:

                                  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]

[[Page 148]]



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 Sec. Sec. 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 conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European 
larch canker; and
---------------------------------------------------------------------------

    \3\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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 conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European 
larch canker; 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

[[Page 149]]

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.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



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 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

[[Page 150]]

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_Phytophthora Ramorum

    Source: 72 FR 8597, Feb. 27, 2007, unless otherwise noted.



Sec. 301.92  Restrictions on interstate movement.

    (a) No person may move interstate from any quarantined area any 
regulated, restricted, or associated article or any other nursery stock 
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 or restricted articles as provided in sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (b) No person may move interstate from any nursery in any regulated 
area any nursery stock except in accordance with this subpart.
    (c) No person may move interstate from any quarantined or regulated 
area any regulated restricted, or associated article or nursery stock 
that has been tested with a test approved by APHIS and found infected 
with Phytophthora ramorum, or that is part of a plant that was found 
infected with Phytophthora ramorum, unless such movement is in 
accordance with part 330 of this chapter.



Sec. 301.92-1  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 (APHIS) of the United States Department of 
Agriculture.
    Associated article. Any article listed in Sec. 301.92-2(c).
    Bark chips. Bark fragments broken or shredded from a log or tree.
    Certificate. A document, stamp, or imprint by which an inspector or 
person operating under a compliance agreement affirms that a specified 
regulated or associated article meets applicable 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, processing, handling, or moving regulated or 
associated articles, wherein the person agrees to comply with this 
subpart.
    Duff. Decaying plant matter that includes leaf litter, green waste, 
stem material, bark, and any other plant material that, upon visual 
inspection, does not appear to have completely decomposed.
    Firewood. Wood that has been cut, sawn, or chopped into a shape and 
size commonly used for fuel, or other wood intended for fuel.
    Forest stock. All flowers, trees, shrubs, vines, scions, buds, or 
other plants that are wild-grown, backyard-grown, or naturally 
occurring.
    From. An article is considered to be ``from'' a specific site or 
location for the purposes of this subpart if it was grown or propagated 
in, stored or sold, or distributed from the site or location.

[[Page 151]]

    Growing media. Any material in which plant roots are growing or 
intended for that purpose.
    Inspector. Any employee of APHIS, the U.S. Department of 
Agriculture, or other person authorized by the Administrator to perform 
the duties required under this subpart.
    Interstate. From any State into or through any other State.
    Log. The bole of a tree; trimmed timber that has not been sawn 
further than to form cants.
    Lot. A contiguous block of plants of the same species or cultivar, 
of the same container size and from the same source, if known.
    Lumber. Logs that have been sawn into boards, planks, or structural 
members such as beams.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Mulch. Bark chips, wood chips, wood shavings, or sawdust, or a 
mixture thereof, that could be used as a protective or decorative ground 
cover or as part of a growing media mixture.
    Non-host nursery stock. Any taxa of nursery stock not listed in 
Sec. 301.92-2 as a regulated or associated article.
    Nursery. Any location where nursery stock is grown, propagated, 
stored, or sold, or any location from which nursery stock is 
distributed. Locations that grow trees for sale without roots (e.g., as 
Christmas trees) are considered to be nurseries for the purposes of this 
subpart.
    Nursery stock. All plants for planting, including houseplants, 
propagative material that is grown in a nursery, and tree seedlings for 
reforestation, except the following: Seeds; turf or sod; bulbs, tubers, 
corms, or rhizomes; \2\ greenhouse grown cactus, succulents, and 
orchids; aquarium grown aquatic plants; greenhouse, container, or field 
grown palms; greenhouse, container, or field grown cycads, and tissue 
culture plants grown in vitro; and plants meeting the definition of 
forest stock.
---------------------------------------------------------------------------

    \2\ Bulbs, tubers, corms, or rhizomes are only considered nursery 
stock (and therefore, regulated under this subpart) if they are of plant 
taxa listed in Sec. 301.92-2 as regulated articles or associated 
articles.
---------------------------------------------------------------------------

    Permit. A written authorization issued by APHIS to allow the 
interstate movement of restricted articles in accordance with part 330 
of this chapter.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Plant Protection and Quarantine. The Plant Protection and Quarantine 
program of the Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.92-3(a)(3) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.92-3(a)(2) of this 
subpart.
    Regulated area. Any area listed in Sec. 301.92-3(b) of this 
subpart.
    Regulated article. Any article listed in Sec. 301.92-2(b) of this 
subpart.
    Restricted article. Any article listed in Sec. 301.92-2(a) of this 
subpart.
    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.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.92-2  Restricted, regulated, and associated articles; lists of proven 

hosts and associated plant taxa.

    (a) Restricted articles. The following are restricted articles:
    (1) Bark chips or mulch \3\ located in a quarantined area and that 
are proven host plant taxa listed in paragraph (d) of this section.
---------------------------------------------------------------------------

    \3\ Bark chips or mulch of species listed in paragraph (d) of this 
section and that are marked with an asterisk (*) are not restricted 
articles.
---------------------------------------------------------------------------

    (2) Forest stock located or grown in a quarantined area and that are 
proven host plant taxa or associated plant taxa listed in paragraph (d) 
or (e) of this section.
    (3) Any other product or article that an inspector determines to 
present a risk of spreading Phytophthora ramorum, if an inspector 
notifies the

[[Page 152]]

person in possession of the product or article that it is a restricted 
article.
    (b) Regulated articles. The following are regulated articles:
    (1) Nursery stock, decorative trees without roots, unprocessed wood 
and wood products, and plant products, including firewood, logs, lumber, 
\4\ wreaths, garlands, and greenery of proven host plant taxa listed in 
paragraph (d) of this section.
---------------------------------------------------------------------------

    \4\ Firewood, logs, and lumber of species listed in paragraph (d) of 
this section and that are marked with an asterisk (*) are not regulated 
articles.
---------------------------------------------------------------------------

    (2) Soil and growing media.
    (3) Any other product or article that an inspector determines to 
present a risk of spreading Phytophthora ramorum if an inspector 
notifies the person in possession of the product or article that it is 
subject to the restrictions in the regulations.
    (c) Associated articles. The following are associated articles: 
Nursery stock of associated plant taxa listed in paragraph (e) of this 
section.
    (d) Proven host plant taxa. The following are proven hosts of 
Phytophthora ramorum:

*Acer macrophyllum Bigleaf maple
Acer pseudoplatanus Planetree maple
*Adiantum aleuticum Western maidenhair fern
*Adiantum jordanii California maidenhair fern
*Aesculus californica California buckeye
Aesculus hippocastanum horse chestnut
*Arbutus menziesii Madrone
*Arctostaphylos manzanita Manzanita
*Calluna vulgaris Scotch heather
*Camellia spp. Camellia--all species, hybrids and cultivars
*Castanea sativa Sweet chestnut
Fagus sylvatica European beech
*Frangula californica ([equiv]Rhamnus californica) California 
coffeeberry
*Frangula purshiana ([equiv]Rhamnus purshiana) Cascara
Fraxinus excelsior European ash
*Griselinia littoralis Griselinia
*Hamamelis virginiana Witch hazel
*Heteromeles arbutifolia Toyon
*Kalmia spp. Kalmia--includes all species, hybrids, and cultivars
*Laurus nobilis Bay laurel
Lithocarpus densiflorus Tanoak
*Lonicera hispidula California honeysuckle
*Maianthemum racemosum (=Smilacina racemosa) False Solomon's seal
*Michelia doltsopa Michelia
*Parrotia persica Persian ironwood
*Photinia fraseri Red tip photinia
*Pieris spp. Pieris--includes all species, hybrids, and cultivars
*Pseudotsuga menziesii var. menziesii and all nursery-grown P. menziesii 
Douglas fir
Quercus agrifolia Coast live oak
Quercus cerris European turkey oak
Quercus chrysolepis Canyon live oak
Quercus falcata Southern red oak
*Quercus ilex Holm oak
Quercus kelloggii California black oak
Quercus parvula var. shrevei and all nursery grown Q. parvula Shreve's 
oak
*Rhododendron spp. Rhododendron (including azalea)--includes all 
species, hybrids, and cultivars
*Rosa gymnocarpa Wood rose
*Salix caprea Goat willow
*Sequoia sempervirens Coast redwood
*Syringa vulgaris Lilac
*Taxus baccata European yew
*Trientalis latifolia Western starflower
*Umbellularia californica California bay laurel, pepperwood, Oregon 
myrtle
*Vaccinium ovatum Evergreen huckleberry
*Viburnum spp. Viburnum-all species, hybrids, and cultivars

    (e) Associated plant taxa. The following plant taxa are considered 
to be associated with Phytophthora ramorum:

Abies concolor White fir
Abies grandis Grand fir
Abies magnifica Red fir
Acer circinatum Vine maple
Acer davidii Striped bark maple
Acer laevigatum Evergreen maple
Arbutus unedo Strawberry tree
Arctostaphylos columbiana Manzanita
Arctostaphylos uva-ursi Kinnikinnick, bearberry
Ardisia japonica Ardisia
Calycanthus occidentalis Spicebush
Castanopsis orthacantha Castanopsis
Ceanothus thyrsiflorus Blueblossom
Cinnamomum camphora Camphor tree
Clintonia andrewsiana Andrew's clintonia bead lily
Cornus kousa x Cornus capitata Cornus Norman Haddon
Corylus cornuta California hazelnut
Distylium myricoides Myrtle-leafed distylium
Drimys winteri Winter's bark
Dryopteris arguta California wood fern
Eucalyptus haemastoma Scribbly gum
Euonymus kiautschovicus Spreading euonymus
Fraxinus latifolia Oregon ash
Gaultheria shallon Salal, Oregon wintergreen
Hamamelis mollis Chinese witch-hazel
Hamamelis x intermedia (H. mollis & H. japonica) Hybrid witchhazel
Ilex purpurea Oriental holly
Leucothoe axillaris Fetter-bush, dog hobble
Leucothoe fontanesiana Drooping leucothoe
Loropetalum chinense Lorapetalum

[[Page 153]]

Magnolia grandiflora Southern magnolia
Magnolia stellata Star magnolia
Magnolia x loebneri Loebner magnolia
Magnolia x soulangeana Saucer magnolia
Manglietia insignis Red lotus tree
Michelia maudiae Michelia
Michelia wilsonii Michelia
Nerium oleander Oleander
Nothofagus obliqua Roble beech
Osmanthus decorus ([equiv]Phillyrea decora; [equiv]P. vilmoriniana) 
Osmanthus
Osmanthus delavayi Delavay Osmanthus, Delavay tea olive
Osmanthus fragrans Sweet olive
Osmanthus heterophyllus Holly olive
Osmorhiza berteroi Sweet Cicely
Parakmeria lotungensis Eastern joy lotus tree
Pittosporum undulatum Victorian box
Prunus laurocerasus English laurel, cherry laurel
Prunus lusitanica Portuguese laurel cherry
Pyracantha koidzumii Formosa firethorn
Quercus acuta Japanese evergreen oak
Quercus petraea Sessile oak
Quercus rubra Northern red oak
Rosa (specific cultivars)
    Royal Bonica (tagged: ``MEImodac'')
    Pink Meidiland (tagged: ``MEIpoque'')
    Pink Sevillana (tagged: ``MEIgeroka'')
Rosa rugosa Rugosa rose
Rubus spectabilis Salmonberry
Schima wallichii Chinese guger tree
Taxus brevifolia Pacific yew
Taxus x media Yew
Torreya californica California nutmeg
Toxicodendron diversilobum Poison oak
Vancouveria planipetala Redwood ivy



Sec. 301.92-3  Quarantined and regulated areas.

    (a) Quarantined areas. (1) Except as otherwise provided in paragraph 
(a)(2) of this section, the Administrator will list as a quarantined 
area in paragraph (a)(3) of this section each State, or each portion of 
a State, in which Phytophthora ramorum has been confirmed by an 
inspector to be established in the natural environment, in which the 
Administrator has reason to believe that Phytophthora ramorum is present 
in the natural environment, or that the Administrator considers 
necessary to quarantine because of its inseparability for quarantine 
enforcement purposes from localities in which Phytophthora ramorum has 
been found in the natural environment. Less than an entire State will be 
designated as a quarantined area only if the Administrator determines 
that:
    (i) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated, restricted, and associated 
articles that are substantially the same as those imposed by this 
subpart on the interstate movement of regulated, restricted, and 
associated articles; and
    (ii) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of Phytophthora ramorum.
    (2) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a)(1) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the nonquarantined 
area. Thereafter, the interstate movement of any regulated, restricted, 
or associated article from an area temporarily designated as a 
quarantined area will be subject to this subpart. As soon as 
practicable, this area will be added to the list in paragraph (a)(3) 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.
    (3) The following areas are designated as quarantined areas:

                               California

Alameda County. The entire county.
Contra Costa County. The entire county.
Humboldt County. The entire county.
Lake County. The entire county.
Marin County. The entire county.
Mendocino County. The entire county.
Monterey County. The entire county.
Napa County. The entire county.
San Francisco County. The entire county.
San Mateo County. The entire county.
Santa Clara County. The entire county.
Santa Cruz County. The entire county.
Solano County. The entire county.
Sonoma County. The entire county.

                                 Oregon

    Curry County. That portion of the county as follows: In T. 39 S., R. 
13 W., secs. 32, 33, and 34; T. 40 S., R. 13 W., secs. 3, 4, 5, 8, 9, 
10, southeast quarter of sec. 11, southwest quarter of sec. 12, 
northwest quarter of sec. 13, northeast quarter of secs. 14, 15, 16, and 
17, east half of sec. 18, east half of secs. 19, 20, 21, 22, 28, and 29, 
northeast quarter of secs. 30, 32, 33, and 34; T. 40 S., R. 14 W., 
southeast quarter of sec. 23, southwest quarter of sec.

[[Page 154]]

24, northwest quarter of sec. 25, and the northeast quarter of sec. 26.

    (b) Regulated areas. The following areas are designated as regulated 
areas:

                               California

    All counties in the State not listed in paragraph (a) of this 
section as quarantined areas.

                                 Oregon

    All areas in the State not listed in paragraph (a) of this section 
as quarantined areas.

                               Washington

    The entire State.



Sec. 301.92-4  Conditions governing the interstate movement of regulated, 

restricted, and associated articles, and non-host nursery stock from 

quarantined and regulated areas.

    (a) Interstate movement of regulated and associated articles from 
quarantined areas. Regulated and associated articles may be moved 
interstate from a quarantined area \5\ only in accordance with this 
subpart.
---------------------------------------------------------------------------

    \5\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (1) With a certificate. Any regulated or associated article may be 
moved interstate from a quarantined area if accompanied by a certificate 
issued and attached in accordance with Sec. Sec. 301.92-5 and 301.92-8, 
and provided that the regulated or associated article is moved through 
the quarantined area without stopping except for refueling, rest stops, 
emergency repairs, and for traffic conditions, such as traffic lights or 
stop signs.
    (2) Without a certificate.
    (i) The regulated or associated article originated outside the 
quarantined area and the point of origin of the article is indicated on 
the waybill of the vehicle transporting the article; and
    (ii) The regulated or associated article is moved from outside the 
quarantined area through the quarantined area without stopping except 
for refueling or for traffic conditions, such as traffic lights or stop 
signs, and the article is not unpacked or unloaded in the quarantined 
area.
    (b) Interstate movement of restricted articles from quarantined 
areas. Restricted articles may be moved interstate from a quarantined 
area \6\ only in accordance with this section.
---------------------------------------------------------------------------

    \6\ See footnote 4 of this subpart.
---------------------------------------------------------------------------

    (1) With a permit. Any restricted article may be moved interstate 
from a quarantined area only if the article is moved pursuant to a 
permit issued by the Administrator in accordance with part 330 of this 
chapter.
    (2) Without a permit.
    (i) The restricted article originated outside the quarantined area 
and the point of origin of the article is indicated on the waybill of 
the vehicle transporting the article; and
    (ii) The restricted article is moved from outside the quarantined 
area through the quarantined area without stopping except for refueling 
or for traffic conditions, such as traffic lights or stop signs, and the 
article is not unpacked or unloaded in the quarantined area.
    (c) Interstate movement of nursery stock from nurseries in 
quarantined areas--(1) Regulated articles of nursery stock and 
associated articles. Regulated articles of nursery stock and associated 
articles may only be moved interstate from nurseries in quarantined 
areas in accordance with paragraph (a) of this section.
    (2) Non-host nursery stock. Any nursery stock of a taxon not listed 
in Sec. 301.92-2 as a regulated or associated article may only be moved 
interstate from nurseries in quarantined areas as follows:
    (i) With a certificate. If the non-host nursery stock originates 
from a nursery in a quarantined area that contains regulated or 
associated articles, the nursery stock must be accompanied by a 
certificate issued and attached in accordance with Sec. Sec. 301.92-5 
and 301.92-8, and be moved through the quarantined area without stopping 
except for refueling, rest stops, emergency repairs, and for traffic 
conditions, such as traffic lights or stop signs.
    (ii) Without a certificate. If the non-host nursery stock originates 
from a nursery in a quarantined area that does not contain regulated or 
associated articles, the nursery stock may be

[[Page 155]]

moved interstate without a certificate, provided that:
    (A) The nursery from which plants originate has been inspected and 
found free of evidence of Phytophthora ramorum in accordance with Sec. 
301.92-11(b)(3), and
    (B) The nursery stock is not rooted in soil or growing media. \7\
---------------------------------------------------------------------------

    \7\ To be eligible for interstate movement, non-host nursery stock 
that is rooted in soil or growing media requires certification that the 
soil or growing media meets the requirements of Sec. 301.92-
5(a)(1)(iii).
---------------------------------------------------------------------------

    (d) Interstate movement of nursery stock from nurseries in regulated 
areas--(1) Regulated and associated articles of nursery stock. Regulated 
articles of nursery stock and associated articles may only be moved 
interstate from nurseries in regulated areas if accompanied by a 
certificate issued and attached in accordance with Sec. Sec. 301.92-5 
and 301.92-8, and provided that, if moved through a quarantined area en 
route to another State, the regulated articles of nursery stock or 
associated articles are moved through the quarantined area without 
stopping except for refueling, rest stops, emergency repairs, and for 
traffic conditions, such as traffic lights or stop signs.
    (2) Non-host nursery stock. Any nursery stock of a taxon not listed 
in Sec. 301.92-2 as a regulated or associated article may only be moved 
interstate from nurseries in regulated areas as follows:
    (i) With a certificate. If non-host nursery stock originates from a 
nursery in a regulated area that contains regulated or associated 
articles, the nursery stock must be accompanied by a certificate issued 
and attached in accordance with Sec. Sec. 301.92-5 and 301.92-8, and 
provided that, if moved through a quarantined area en route to another 
State, the nursery stock is moved through the quarantined area without 
stopping except for refueling, rest stops, emergency repairs, and for 
traffic conditions, such as traffic lights or stop signs.
    (ii) Without a certificate. If non-host nursery stock originates 
from a nursery in a regulated area that does not contain regulated or 
associated articles, the nursery stock may be moved interstate without a 
certificate, provided that the nursery from which plants originate has 
been inspected and found free of evidence of Phytophthora ramorum in 
accordance with Sec. 301.92-11(d)(3).



Sec. 301.92-5  Issuance and cancellation of certificates.

    (a) Movements from quarantined areas. (1) An inspector \8\ may issue 
a certificate for the interstate movement of regulated articles, 
associated articles, or non-host nursery stock \9\ from a quarantined 
area if the inspector determines that:
---------------------------------------------------------------------------

    \8\ 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, Invasive Species and Pest 
Management, 4700 River Road Unit 160, Riverdale, MD 20737, or the APHIS 
Web site at http://www.aphis.usda.gov/ppq/sphd/.
    \9\ Paragraph (d)(2)(ii) of Sec. 301.92-4 allows the interstate 
movement of non-host nursery stock without a certificate under certain 
conditions.
---------------------------------------------------------------------------

    (i) The regulated articles have been treated under the direction of 
an inspector in accordance with part 305 of this chapter; or
    (ii) The regulated articles are wood products such as firewood, 
logs, or lumber that are free of bark; \10\ or
---------------------------------------------------------------------------

    \10\ Firewood, logs, lumber of species listed in 301.92-2(d) and 
marked with an asterisk are not regulated articles, as noted in Sec. 
301.92-2(b)(1).
---------------------------------------------------------------------------

    (iii) The regulated article is soil or growing media that has not 
been in direct physical contact with any article infected with 
Phytophthora ramorum, and from which all duff has been removed; or
    (iv) The articles are nursery stock or regulated articles of 
decorative trees without roots, wreaths, garlands, or greenery that:
    (A) Are shipped from a nursery in a quarantined area that has been 
inspected in accordance with the inspection and sampling protocol 
described in Sec. 301.92-11(a)(1), and the nursery is free of evidence 
of Phytophthora ramorum infestation; and
    (B) Are part of a shipment of nursery stock, decorative trees 
without roots,

[[Page 156]]

wreaths, garlands, or greenery that has been inspected prior to 
interstate movement in accordance with Sec. 301.92-11(a)(2), and the 
regulated articles in the shipment are free of evidence of Phytophthora 
ramorum infection; and
    (C) Have been kept separate from regulated and associated articles 
and non-host nursery stock not inspected between the time of the 
inspection and the time of interstate movement; and
    (D) Have not been grown in, or moved from, other areas within a 
quarantined area except nurseries that are annually inspected for 
Phytophthora ramorum in accordance with Sec. 301.92-11 and that have 
been found free of evidence of Phytophthora ramorum infestation, except 
that certified nurseries which receive articles from a non-certified 
nursery in a quarantined or regulated area may continue to ship other 
plants interstate, provided that the uncertified plants are safeguarded, 
segregated, and withheld from interstate movement until the plants are 
inspected and tested and found free of evidence of Phytophthora ramorum.
    (v) The regulated or associated article or non-host nursery stock is 
to be moved in compliance with any additional emergency conditions the 
Administrator may impose under section 414 of the Plant Protection Act 
(7 U.S.C. 7714) \11\ to prevent the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------

    \11\ Sections 414, 421, and 434 of the Plant Protection Act (7 
U.S.C. 7714, 7731, and 7754) provide that the Secretary of Agriculture 
may, under certain conditions, hold, seize, quarantine, treat, apply 
other remedial measures to destroy or otherwise dispose of any plant, 
plant pest, plant product, article, or means of conveyance that is 
moving, or has moved into or through the United States or interstate if 
the Secretary has reason to believe the article is a plant pest or is 
infested with a plant pest at the time of movement.
---------------------------------------------------------------------------

    (vi) The regulated or associated article or non-host nursery stock 
is eligible for unrestricted movement under all other Federal domestic 
plant quarantines and regulations applicable to the regulated or 
associated article.
    (2) [Reserved]
    (b) Movements from regulated areas. (1) An inspector \12\ may issue 
a certificate for the interstate movement of regulated articles of 
nursery stock, associated articles, or non-host nursery stock \13\ from 
a nursery in a regulated area if an inspector determines that:
---------------------------------------------------------------------------

    \12\ See footnote 7 of this subpart.
    \13\ Paragraph (d)(2)(ii) of Sec. 301.92-4 allows the interstate 
movement of non-host nursery stock without a certificate under certain 
conditions.
---------------------------------------------------------------------------

    (i) The nursery from which the nursery stock originates has been 
inspected in accordance with Sec. 301.92-11(c) and found free of 
evidence of Phytophthora ramorum infestation; and
    (ii) All nursery stock in the nursery have not been grown in, or 
moved from, nurseries except those that have been inspected for 
Phytophthora ramorum in accordance with Sec. 301.92-11(c) and that have 
been found free of evidence of Phytophthora ramorum infestation, except 
that certified nurseries which receive articles from a non-certified 
nursery in a quarantined or regulated area may continue to ship other 
plants interstate, provided that the uncertified plants are safeguarded, 
segregated, and withheld from interstate movement until the plants are 
inspected and tested and found free of evidence of Phytophthora ramorum; 
and
    (iii) The nursery stock is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) \14\ to prevent 
the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------

    \14\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (iv) The nursery stock is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the nursery stock.
    (2) [Reserved]
    (c) Certificates issued under paragraphs (a) and (b) of this section 
may be issued by any person engaged in the business of growing, 
processing, handling, or moving regulated or associated articles or 
nursery stock provided such person has entered into and is operating 
under a compliance agreement in accordance with Sec. 301.92-6. Any such 
person may execute and issue a certificate for the interstate movement 
of regulated or associated articles or nursery stock if an inspector has 
previously made the determination that the article is eligible for a 
certificate

[[Page 157]]

in accordance with any applicable section of this subpart.
    (d) Any certificate that has been issued may be withdrawn, either 
orally or in writing, by an inspector if he or she determines that the 
holder of the certificate has not complied with all conditions in this 
subpart for the use of the certificate. If the withdrawal is oral, the 
withdrawal and the reasons for the withdrawal will be confirmed in 
writing as promptly as circumstances allow. Any person whose certificate 
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 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 numbers 
0579-0310 and 0579-0088)

[72 FR 8597, Feb. 27, 2007, as amended at 75 FR 4241, Jan. 26, 2010]



Sec. 301.92-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, processing, handling, or moving 
regulated articles, associated articles, or non-host nursery stock may 
enter into a compliance agreement when an inspector determines that the 
person understands this subpart, agrees to comply with its provisions, 
and agrees to comply with all the provisions contained in the compliance 
agreement. \15\
---------------------------------------------------------------------------

    \15\ Compliance agreement forms are available without charge from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 
160, Riverdale, MD 20737-1236, and from local offices of the Plant 
Protection and Quarantine, which are listed in telephone directories. 
Forms are also available on the Internet at http://www.aphis.usda.gov/
ppq/ispm/pramorum/resources.html.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either 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 will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control numbers 
0579-0310)



Sec. 301.92-7  Availability of inspectors; assembly for inspection.

    (a) Any person (other than a person authorized to issue certificates 
under Sec. 301.92-5(c)) who desires to move a regulated or associated 
article or non-host nursery stock interstate accompanied by a 
certificate must notify an inspector \16\ as far in advance of the 
desired interstate movement as possible, but no less than 48 hours 
before the desired time of inspection.
---------------------------------------------------------------------------

    \16\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (b) The regulated or associated article or non-host nursery stock 
must be assembled at the place and in the manner the inspector 
designates as necessary to comply with this subpart.



Sec. 301.92-8  Attachment and disposition of certificates and recordkeeping.

    (a) A certificate required for the interstate movement of a 
regulated article, associated article, or non-host nursery stock must, 
at all times during the interstate movement, be:
    (1) Attached to the outside of the container containing the 
regulated article, associated article, or non-host nursery stock; or

[[Page 158]]

    (2) Attached to the regulated article, associated article, or non-
host nursery stock itself if not in a container; or
    (3) Attached to the consignee's copy of the accompanying waybill. If 
the certificate is attached to the consignee's copy of the waybill, the 
regulated article, associated article, or non-host nursery stock must be 
sufficiently described on the certificate and on the waybill to identify 
the regulated article, associated article, or non-host nursery stock.
    (b) The certificate for the interstate movement of a regulated 
article, associated article, or non-host nursery stock must be furnished 
by the carrier to the consignee listed on the certificate upon arrival 
at the location provided on the certificate.
    (c) All nurseries that are operating under compliance agreements 
must maintain records of all incoming shipments of plants for a minimum 
of 24 months and must make them available to inspectors upon request. In 
addition, all nurseries that are operating under compliance agreements, 
except retail dealers, must maintain records of outgoing shipments for a 
minimum of 24 months and must make them available to inspectors upon 
request.

(Approved by the Office of Management and Budget under control numbers 
0579-0088 and 0579-0310)



Sec. 301.92-9  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 normal 
business hours.



Sec. 301.92-10  [Reserved]



Sec. 301.92-11  Inspection and sampling protocols.

----------------------------------------------------------------------------------------------------------------
                                                                  Inspection and certification protocol
    Type(s) of plants in the       Type(s) of plants   ---------------------------------------------------------
            nursery                shipped interstate    Origin: Quarantined areas     Origin: Regulated areas
----------------------------------------------------------------------------------------------------------------
Regulated articles only........  None.................  Not regulated.............  Not regulated.
Regulated articles only........  Regulated articles...  Sec.  301.92-11(a).......  Sec.  301.92-11(c).
Associated articles only.......  None.................  Not regulated.............  Not regulated.
Associated articles only.......  Associated articles..  Sec.  301.92-11(a).......  Sec.  301.92-11(c).
Regulated and associated         Regulated or           Sec.  301.92-11(a).......  Sec.  301.92-11(c).
 articles only.                   associated articles,
                                  or both.
Regulated and associated         None.................  Not regulated.............  Not regulated.
 articles and non-hosts.
Regulated and associated         Regulated or           Sec.  301.92-11(a).......  Sec.  301.92-11(c).
 articles and non-hosts.          associated articles,
                                  or both.
Regulated and associated         Non-hosts only.......  Sec.  301.92-11(a).......  Sec.  301.92-11(c).
 articles and non-hosts.
Non-hosts only.................  None.................  Not regulated.............  Not regulated.
Non-hosts only.................  Non-hosts............  Sec.  301.92-11(b).......  Sec.  301.92-11(d).
Decorative trees without roots   Proven host plant      Sec.  301.92-11(a).......  Not regulated.
 (e.g., Christmas trees).         taxa.
Decorative trees without roots   Associated plant taxa  Not regulated.............  Not regulated.
 (e.g., Christmas trees).
----------------------------------------------------------------------------------------------------------------

    (a) Nurseries in quarantined areas shipping regulated articles of 
nursery stock and associated articles interstate. To meet the 
requirements of Sec. 301.92-5(a)(1)(iv), nurseries located in 
quarantined areas and that move regulated articles of nursery stock, 
decorative trees without roots, wreaths, garlands, or greenery, 
associated articles, or non-host nursery stock interstate must meet the 
requirements in this section. Nurseries in quarantined areas that do not 
meet the requirements of this section are prohibited from moving 
regulated articles and associated articles interstate. Nurseries in 
quarantined areas that do not meet the requirements of this section or 
paragraph (b) of this section are prohibited from moving non-host 
nursery stock interstate.
    (1) Annual inspection, sampling, and testing--(i) Inspection. The 
nursery

[[Page 159]]

must be inspected annually for symptoms of Phytophthora ramorum by an 
inspector. \17\ Inspectors will visually inspect for symptomatic plants 
throughout the nursery, and inspection will focus on, but not be limited 
to, regulated articles and associated articles.
---------------------------------------------------------------------------

    \17\ Persons operating under compliance agreements are eligible to 
issue certificates for the interstate movement of regulated and 
associated articles, but only inspectors are authorized to conduct 
nursery inspections required under the regulations.
---------------------------------------------------------------------------

    (ii) Sampling. A minimum of 40 plant samples must be tested per 
nursery location. Samples must be taken from all symptomatic plants if 
symptomatic plants are present. If fewer than 40 symptomatic plants are 
present, each symptomatic plant must be sampled and the remainder of the 
40 sample minimum must be taken from asymptomatic plants. If no 
symptomatic plants are present, 40 asymptomatic plants must be sampled; 
biased toward proven hosts. Each sample may contain more than one leaf, 
and may come from more than one plant, but all plants in the sample must 
be from the same lot. Asymptomatic samples, if collected, must be taken 
from regulated and associated articles and nearby plants. Inspectors 
must conduct inspections at times when the best expression of symptoms 
is anticipated and must take nursery fungicide programs into 
consideration. Nursery owners must keep records of fungicide 
applications for 2 years and must make them available to inspectors upon 
request.
    (iii) Testing. Samples must be labeled and sent for testing to a 
laboratory approved by APHIS and must be tested using a test method 
approved by APHIS, in accordance with Sec. 301.92-12.
    (iv) Annual certification. If all plant samples tested in accordance 
with this section and Sec. 301.92-12 return negative results for 
Phytophthora ramorum, an inspector may certify that the nursery is free 
of evidence of Phytophthora ramorum infestation at the time of 
inspection, and the nursery will be eligible to enter into a compliance 
agreement in accordance with Sec. 301.92-6. \18\
---------------------------------------------------------------------------

    \18\ See footnote 14 of this subpart.
---------------------------------------------------------------------------

    (2) Pre-shipment inspection, sampling, and testing--(i) Inspection. 
During the 30 days prior to interstate movement from a nursery in a 
quarantined area, regulated articles or associated articles intended for 
interstate movement must be inspected for symptoms of Phytophthora 
ramorum by an inspector. \19\ Inspection will focus on, but not be 
limited to, regulated articles and associated articles. No inspections 
of shipments will be conducted unless the nursery from which the 
shipment originates has a current and valid annual certification in 
accordance with paragraph (a)(1)(iv) of this section.
---------------------------------------------------------------------------

    \19\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (A) If no symptomatic plants are found upon inspection, the shipment 
may be considered free of evidence of Phytophthora ramorum infection and 
is eligible for interstate movement, provided that the nursery is 
operating under a compliance agreement with APHIS in accordance with 
Sec. 301.92-6.
    (B) If symptomatic plants are found upon inspection, the inspector 
will collect at least one sample per symptomatic plant, and one sample 
per regulated article or associated article that is in close proximity 
to, or that has had physical contact with, a symptomatic plant.
    (ii) Testing and withholding from interstate movement. Samples taken 
in accordance with paragraph (a)(2)(i)(B) of this section must be 
labeled and sent for testing to a laboratory approved by APHIS and must 
be tested using a test method approved by APHIS, in accordance with 
Sec. 301.92-12. The interstate movement of plants in the shipment is 
prohibited until the plants in the shipment are determined to be free of 
evidence of Phytophthora ramorum infection in accordance with Sec. 
301.92-12.
    (b) Nurseries in quarantined areas shipping non-host nursery stock 
interstate. Nurseries located in quarantined areas and that move non-
host nursery stock interstate must meet the requirements of this 
paragraph or the requirements of paragraph (a) of this section. \20\ If 
such nurseries contain any regulated or associated articles, the nursery

[[Page 160]]

must meet the requirements of paragraph (a). This paragraph (b) only 
applies if there are no regulated or associated articles of nursery 
stock in the nursery. Nurseries that do not meet the requirements of 
paragraphs (a) or (b) of this section are prohibited from moving non-
host nursery stock interstate.
---------------------------------------------------------------------------

    \20\ In addition, to be eligible for interstate movement, non-host 
nursery stock that is rooted in soil or growing media requires 
certification that the soil or growing media meets the requirements of 
Sec. 301.92-5(a)(1)(iii).
---------------------------------------------------------------------------

    (1) Annual visual inspection. The nursery must be visually inspected 
annually for symptoms of Phytophthora ramorum. Inspections and 
determinations of freedom from evidence of Phytophthora ramorum 
infestation must occur at the time when the best expression of symptoms 
is anticipated.
    (2) Sampling. All plants showing symptoms of infection with 
Phytophthora ramorum upon inspection will be sampled and tested in 
accordance with Sec. 301.92-12. If symptomatic plants are found upon 
inspection, the following plants must be withheld from interstate 
shipment until testing is completed and the nursery is found free of 
evidence of Phytophthora ramorum in accordance with this paragraph 
(b)(3) of this section and Sec. 301.92-12: All symptomatic plants, any 
plants located in the same lot as the suspect plant, and any plants 
located within 2 meters of this lot of plants.
    (3) Certification. If all plant samples tested in accordance with 
this section and Sec. 301.92-12 return negative results for 
Phytophthora ramorum, or if an inspector determines that plants in a 
nursery exhibit no signs of infection with Phytophthora ramorum, the 
inspector may certify that the nursery is free of evidence of 
Phytophthora ramorum infestation at the time of inspection. 
Certification is valid for 1 year and must be renewed each year to 
continue shipping plants interstate.
    (c) Nurseries in regulated areas shipping regulated articles of 
nursery stock or associated articles interstate. To meet the conditions 
of Sec. 301.92-5(b), any nursery that is located in a regulated area 
and contains regulated articles of nursery stock or associated articles, 
and ships any nursery stock interstate must meet the following 
requirements:
    (1) Annual inspection. The nursery must be inspected annually for 
symptoms of Phytophthora ramorum by an inspector. \21\ Inspection will 
focus on, but not be limited to, regulated articles of nursery stock and 
associated articles.
---------------------------------------------------------------------------

    \21\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (2) Sampling. Samples must be taken from all symptomatic plants. If 
fewer than 40 symptomatic plants are present, each symptomatic plant 
must be sampled and additional samples must be taken from asymptomatic 
plants so that the minimum number of plants sampled is 40. If no 
symptomatic plants are present, 40 asymptomatic plants must be sampled. 
Each sample may contain more than one leaf, and may come from more than 
one plant, but all plants in the sample must be from the same lot. If 
samples are collected from asymptomatic plants, the samples must be 
taken from regulated and associated articles and nearby plants. 
Inspectors must conduct inspections at times when the best expression of 
symptoms is anticipated and must take nursery fungicide programs into 
consideration. Nursery owners must keep records of fungicide 
applications for 2 years and must make them available to inspectors upon 
request.
    (3) Annual certification. If all plant samples tested in accordance 
with this section and Sec. 301.92-12 return negative results for 
Phytophthora ramorum, the inspector may certify that the nursery is free 
of evidence of Phytophthora ramorum infestation at the time of 
inspection. Nurseries in a regulated area must have current and valid 
certification to ship regulated articles of nursery stock and associated 
articles interstate. If annual certification expires prior to 
reinspection, all plants in the nursery are prohibited interstate 
movement until the nursery is inspected, tested, and re-certified in 
accordance with this section and Sec. 301.92-12.
    (d) Nurseries in regulated areas shipping non-host nursery stock 
interstate. Nurseries located in regulated areas and that move non-host 
nursery stock interstate must meet the requirements in this paragraph or 
the requirements of paragraph (c) of this section. If such nurseries 
contain any regulated or associated articles, the nursery must meet the 
requirements of paragraph (c). This paragraph (d) only applies if

[[Page 161]]

there are no regulated or associated articles in the nursery. Nurseries 
that do not meet the requirements of paragraphs (c) or (d) of this 
section are prohibited from moving non-host nursery stock interstate.
    (1) Annual visual inspection. The nursery must be visually inspected 
annually for symptoms of Phytophthora ramorum. Inspections and 
determinations of apparent pest freedom for such nurseries must occur at 
the time when the best expression of symptoms is anticipated.
    (2) Sampling. All plants showing symptoms infection with 
Phytophthora ramorum upon inspection will be sampled and tested in 
accordance with Sec. 301.92-12. If symptomatic plants are found upon 
inspection, the following plants must be withheld from interstate 
shipment until testing is completed and the nursery is found free of 
evidence of Phytophthora ramorum in accordance with Sec. 301.92-12: All 
symptomatic plants, any plants located in the same lot as the 
symptomatic plant, and any plants located within 2 meters of that lot of 
plants.
    (3) Certification. If all plant samples tested in accordance with 
this section and Sec. 301.92-12 return negative results for 
Phytophthora ramorum, or if an inspector determines that plants in the 
nursery exhibit no signs of infection with Phytophthora ramorum, the 
inspector may certify that the nursery is free of evidence of 
Phytophthora ramorum infestation at the time of inspection. 
Certification is valid for 1 year and must be renewed each year to 
continue shipping plants interstate.
    (e) Additions to the lists of proven hosts and associated plants. In 
the event that APHIS informs a nursery owner that additional proven 
hosts or associated plants exist, but those taxa are not yet listed in 
this subpart, the following provisions apply:
    (1) Nurseries operating under a compliance agreement in accordance 
with Sec. 301.92-6 may continue to ship plants interstate in accordance 
with this subpart.
    (2) Nurseries that had not previously contained any regulated or 
associated articles, and that had been inspected in accordance with 
Sec. 301.92-11(b)(3) and allowed to ship plants interstate without 
certificate, but that contain a newly identified proven host or 
associated plant must cease interstate shipments of regulated articles 
and associated hosts until the nursery is reinspected and found free of 
evidence of Phytophthora ramorum in accordance with Sec. 301.92-11. 
Nurseries that come under regulation during winter dormancy periods and 
that are not able to be inspected in accordance with Sec. 301.92-11 
prior to desired shipments of non-host nursery stock may be allowed to 
ship non-host nursery stock interstate at the discretion of an 
inspector.

(Approved by the Office of Management and Budget under control number 
0579-0310)



Sec. 301.92-12  Testing protocols.

    Samples must be analyzed using a methodology approved by APHIS at a 
laboratory approved by APHIS. The following methodology is approved by 
APHIS.
    (a) Optional ELISA Prescreening. An APHIS-approved ELISA may be used 
to prescreen plant samples to determine the presence of Phytophthora 
spp.
    (1) Negative prescreening results. If all samples from a single 
nursery are found to be negative through APHIS-approved ELISA 
prescreening, no further testing is required. The nursery may be 
considered free of evidence of Phytophthora ramorum, and plants in the 
nursery are eligible for interstate movement under certificate in 
accordance with Sec. 301.92-5.
    (2) Positive prescreening results. If ELISA prescreening reveals the 
presence of Phytophthora spp. in any plants, each sample that returns 
positive ELISA results must be tested as provided in paragraph (b) of 
this section.
    (b) Mandatory testing procedures. If ELISA prescreening is not 
performed, or if results of ELISA prescreening are positive for 
Phytophthora spp. in any sample, the sample must be analyzed using an 
APHIS-approved test. Samples will be considered positive for 
Phytophthora ramorum based on positive results of any approved test. 
Positive PCR or other molecular tests do not require confirmatory 
culture tests, nor do positive culture tests require confirmatory PCR or 
other molecular tests; however, if culture tests return other than 
positive results, an APHIS-

[[Page 162]]

approved PCR or other molecular test must be conducted, as provided in 
paragraph (b)(1) of this section.
    (1) PCR or other molecular tests--(i) Negative results. If the 
results of PCR or other molecular tests are negative for all samples in 
a nursery, no further testing is required. The nursery may be considered 
free of evidence of Phytophthora ramorum and plants in the nursery are 
eligible for interstate movement under certificate in accordance with 
Sec. 301.92-5.
    (ii) Positive results. If any samples tested using PCR or other 
molecular tests return positive results for Phytophthora ramorum, the 
nursery from which they originate is prohibited from moving plants 
interstate. The nursery will be eligible to ship certain plants 
interstate when an inspector determines that those plants are free of 
evidence of Phytophthora ramorum.
    (2) Culture Test--(i) Negative results. If the results of culture 
tests are other than positive for any samples taken from a single 
nursery, plants in the nursery must continue to be withheld from 
shipment in accordance with Sec. 301.92-11 and each plant sample must 
be tested again using a PCR or other molecular test, as described in 
this section.
    (ii) Positive results. If any culture tests return positive results 
for Phytophthora ramorum, the nursery from which they originate is 
prohibited from moving plants interstate as directed by an inspector. 
The nursery will be eligible to ship certain plants interstate when an 
inspector determines that those plants are free of evidence of 
Phytophthora ramorum.
    (c) Other test methods. Other test methods may be acceptable if 
approved by APHIS.



PART 302_DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS--Table of 

Contents



Sec.
302.1 Definitions.
302.2 Movement of plants and plant products.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 
371.3.

    Source: 66 FR 1016, Jan. 5, 2001, unless otherwise noted.



Sec. 302.1  Definitions.

    Inspector. Any employee of the Animal and Plant Health Inspection 
Service or other person authorized by the Administrator to inspect and 
certify the plant health status of plants and products under this part.
    Interstate. From any State into or through any other State.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 302.2  Movement of plants and plant products.

    Inspection or documentation of the plant health status of plants or 
plant products to be moved interstate from the District of Columbia may 
be obtained by contacting the State Plant Health Director, Plant 
Protection and Quarantine, APHIS, Wayne A. Cawley, Jr. Building, Room 
350, 50 Harry S. Truman Parkway, Annapolis, MD 21401-7080; phone: (410) 
224-3452; fax: (410) 224-1142.

[66 FR 54641, Oct. 30, 2001]



PART 305_PHYTOSANITARY TREATMENTS--Table of Contents



Sec.
305.1 Definitions.
305.2 Approved treatments.
305.3 Processes for adding, revising, or removing treatment schedules.
305.4 Monitoring and certification of treatments.
305.5 Chemical treatment requirements.
305.6 Cold treatment requirements.
305.7 Quick freeze treatment requirements.
305.8 Heat treatment requirements.
305.9 Irradiation treatment requirements.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 
7 CFR 2.22, 2.80, and 371.3.

    Source: 75 FR 4241, Jan. 26, 2010, unless otherwise noted.



Sec. 305.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, United States Department of Agriculture, or any person 
delegated to act for the Administrator in matters affecting this part.

[[Page 163]]

    APHIS. The Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Cold treatment. Exposure of a commodity to a specified cold 
temperature that is sustained for a specific time period to kill 
targeted pests, especially fruit flies.
    Dose mapping. Measurement of absorbed dose within a process load 
using dosimeters placed at specified locations to produce a one-, two-, 
or three-dimensional distribution of absorbed dose, thus rendering a map 
of absorbed-dose values.
    Dosimeter. A device that, when irradiated, exhibits a quantifiable 
change in some property of the device that can be related to absorbed 
dose in a given material using appropriate analytical instrumentation 
and techniques.
    Dosimetry system. A system used for determining absorbed dose, 
consisting of dosimeters, measurement instruments and their associated 
reference standards, and procedures for the system's use.
    Fumigant. A gaseous chemical that easily diffuses and disperses in 
air and is toxic to the target organism.
    Fumigation. Releasing and dispersing a toxic chemical in the air so 
that it reaches the target organism in a gaseous state.
    Inspector. Any individual authorized by the Administrator of APHIS 
or the Commissioner of Customs and Border Protection, Department of 
Homeland Security, to enforce the regulations in this part.
    Irradiation. Treatment with any type of ionizing radiation.
    Methyl bromide. A colorless, odorless biocide used to fumigate a 
wide range of commodities.
    Neutralize. To prevent the establishment of a plant pest by killing 
it, sterilizing it, preventing its development from an immature stage, 
or preventing its emergence from its host.
    Plant Protection and Quarantine (PPQ). The Plant Protection and 
Quarantine program of APHIS.
    PPQ Treatment Manual. The document that contains the treatment 
schedules that are approved for use under this part. The Treatment 
Manual is available on the Internet at (http://www.aphis.usda.gov/
import--export/plants/manuals/index.shtml) or by contacting the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Manuals Unit, 92 Thomas Johnson Drive, Suite 200, Frederick, MD 21702.
    Quick freeze. A commercially acceptable method of quick freezing at 
subzero temperatures with subsequent storage and transportation at not 
higher than 20 [deg]F. Methods that accomplish this are known as quick 
freezing, sharp freezing, cold pack, or frozen pack, but may be any 
equivalent commercially acceptable freezing method.
    Section 18 of Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA). An emergency exemption granted by the U.S. Environmental 
Protection Agency to Federal or State agencies authorizing an 
unregistered use of a pesticide for a limited time.
    Vacuum fumigation. Fumigation performed in a gas-tight enclosure. 
Most air in the enclosure is removed and replaced with a small amount of 
fumigant. The reduction in pressure reduces the required duration of the 
treatment.



Sec. 305.2  Approved treatments.

    (a) Certain commodities or articles require treatment, or are 
subject to treatment, prior to interstate movement within the United 
States or importation or entry into the United States. Treatment is 
required as indicated in parts 301, 318, and 319 of this chapter, on a 
permit, or by an inspector.
    (b) Approved treatment schedules are set out in the PPQ Treatment 
Manual. Treatments may only be administered in accordance with the 
treatment requirements of this part and in accordance with treatment 
schedules found in the PPQ Treatment Manual.
    (c) APHIS is not responsible for losses or damages incurred during 
treatment and recommends that a sample be treated first before deciding 
whether to treat the entire shipment.



Sec. 305.3  Processes for adding, revising, or removing treatment schedules.

    (a) Normal process for adding, revising, or removing treatment 
schedules. Unless there is a need to immediately add, revise, or remove 
a treatment schedule, as provided in paragraph (b)(1) of this

[[Page 164]]

section, a treatment schedule may be added to the PPQ Treatment Manual, 
revised, or removed from the PPQ Treatment Manual as follows:
    (1) Notice of change to treatment schedule. APHIS will publish in 
the Federal Register a notice describing the reasons we have determined 
that it is necessary to add, revise, or remove a treatment schedule and, 
if necessary, making available the new or revised treatment schedule as 
it would be added to the PPQ Treatment Manual. In our notice, we will 
provide for a public comment period on the new or revised treatment 
schedule or on the removal of the treatment schedule from the PPQ 
Treatment Manual.
    (2) Response to comments. (i) APHIS will issue a notice after the 
close of the public comment period indicating that the treatment 
schedule specified in the initial notice will be added to the PPQ 
Treatment Manual, revised as described in the notice, or removed from 
the PPQ Treatment Manual if:
    (A) No comments were received on the notice;
    (B) The comments on the notice supported our action; or
    (C) The comments on the notice were evaluated but did not change our 
determination that it is necessary to add, revise, or remove the 
treatment schedule, as described in the notice.
    (ii) If the notice issued after the close of the public comment 
period indicates that a change will be made to the PPQ Treatment Manual, 
APHIS will make available a new version of the PPQ Treatment Manual that 
reflects the addition, revision, or removal of the particular treatment 
schedule.
    (iii) If comments present information that causes us to determine 
that the change described in the notice is not appropriate, APHIS will 
issue a notice informing the public of this determination after the 
close of the comment period.
    (b) Process for immediately adding, revising, or removing treatment 
schedules. Treatment schedules may be immediately added to the PPQ 
Treatment Manual, revised, or removed from the PPQ Treatment Manual 
under the circumstances described in paragraph (b)(1) of this section 
and in accordance with the process described in paragraphs (b)(2) and 
(b)(3) of this section.
    (1) Circumstances in which the immediate process may be used. 
Treatment schedules may be immediately added to the PPQ Treatment 
Manual, revised, or removed from the PPQ Treatment Manual if any of the 
following circumstances apply:
    (i) PPQ has determined that an approved treatment schedule is 
ineffective at neutralizing the targeted plant pest(s);
    (ii) PPQ has determined that, in order to neutralize the targeted 
plant pest(s), the treatment schedule must be administered using a 
different process than was previously used;
    (iii) PPQ has determined that a new treatment schedule is effective, 
based on efficacy data, and that ongoing trade in an article or articles 
may be adversely impacted unless the new treatment schedule is approved 
for use; or
    (iv) The use of a treatment schedule is no longer authorized by the 
U.S. Environmental Protection Agency or by any other Federal entity.
    (2) Process for immediate change to treatment schedules. If PPQ 
determines that one or more of the circumstances in paragraph (b)(1) of 
this section applies and that it is necessary to take immediate action, 
APHIS will publish in the Federal Register a notice describing the 
reasons we have determined that it is necessary to immediately add, 
revise, or remove a treatment schedule and, if necessary, making 
available the new or revised treatment schedule as it has been added to 
the PPQ Treatment Manual. Treatment schedules that have been added to 
the PPQ Treatment Manual or revised under this process will be 
identified in the PPQ Treatment Manual as having been added or revised 
through the immediate process described in this paragraph (b). The PPQ 
Treatment Manual will indicate that these treatment schedules are 
subject to change or removal based on public comment. In our notice, we 
will provide for a public comment period on the new or revised treatment 
schedule or on the removal of the treatment schedule from the PPQ 
Treatment Manual.

[[Page 165]]

    (3) Response to comments. (i) APHIS will issue a notice after the 
close of the public comment period affirming the action described in the 
initial notice if:
    (A) No comments were received on the notice;
    (B) The comments on the notice supported our action; or
    (C) The comments on the notice were evaluated but did not change our 
determination that it was necessary to add, revise, or remove the 
treatment schedule, as described in the notice.
    (ii) If the notice issued after the close of the public comment 
period indicates that the initial change to the PPQ Treatment Manual is 
affirmed, APHIS will make available a new version of the PPQ Treatment 
Manual that will reflect the addition, revision, or removal of the 
particular treatment schedule in the main body of the PPQ Treatment 
Manual.
    (iii) If comments present information that causes us to determine 
that it is necessary to change a treatment schedule added to the PPQ 
Treatment Manual under this process or to further revise a treatment 
schedule that was revised under this process, APHIS will publish a 
notice in the Federal Register informing the public of this 
determination after the close of the comment period and will revise the 
treatment schedule accordingly.
    (iv) If comments present information that causes us to determine 
that the change described in the initial notice was not appropriate, 
APHIS will publish a notice in the Federal Register informing the public 
of this determination after the close of the comment period and will, if 
necessary, remove the new or revised treatment schedule from the 
separate section of the PPQ Treatment Manual.



Sec. 305.4  Monitoring and certification of treatments.

    (a) All treatments approved under part 305 are subject to monitoring 
and verification by APHIS.
    (b) Any treatment performed outside the United States must be 
monitored and certified by an inspector or an official authorized by 
APHIS. During the entire interval between treatment and export, the 
consignment must be stored and handled in a manner that prevents any 
infestation by pests and noxious weeds.



Sec. 305.5  Chemical treatment requirements.

    (a) Certified facility. The fumigation treatment facility must be 
certified by APHIS. Facilities are required to be inspected and 
recertified annually, or as often as APHIS directs, depending upon 
treatments performed, commodities handled, and operations conducted at 
the facility. In order to be certified, a fumigation facility must:
    (1) Be capable of administering the required dosage range for the 
required duration and at the appropriate temperature, as specified in 
the treatment schedules in the PPQ Treatment Manual.
    (2) Be adequate to contain the fumigant and be constructed from 
material that is not reactive to the fumigant.
    (3) For vacuum fumigation facilities, be constructed to withstand 
required negative pressure.
    (b) Monitoring. Treatment must be monitored by an official 
authorized by APHIS to ensure proper administration of the treatment, 
including that the correct amount of gas reaches the target organism and 
that an adequate number and placement of blowers, fans, sampling tubes, 
or monitoring lines are used in the treatment enclosure. An official 
authorized by APHIS approves, adjusts, or rejects the treatment.
    (c) Treatment procedures. (1) To kill the pest, all chemical 
applications must be administered in accordance with an Environmental 
Protection Agency (EPA) approved pesticide label and the APHIS-approved 
treatment schedule prescribed in the PPQ Treatment Manual. If EPA 
cancels approval for the use of a pesticide on a commodity, then the 
treatment schedule prescribed in the PPQ Treatment Manual is no longer 
authorized for that commodity. If the commodity is not listed on the 
pesticide label and/or included in a Federal quarantine or crisis 
exemption in accordance with FIFRA section 18, then no chemical 
treatment is available.
    (2) Temperature/concentration readings must be taken for items known 
to be sorptive or whose sorptive properties are unknown when treatment 
is

[[Page 166]]

administered in chambers at normal atmospheric pressure.
    (3) Unless otherwise specified in the PPQ Treatment Manual, the 
volume of the commodity stacked inside the treatment enclosure must not 
exceed 2/3 of the volume of the enclosure. Stacking must be approved by 
an official authorized by APHIS before treatment begins. All commodities 
undergoing treatment must be listed on the label or authorized under 
Section 18 of FIFRA.
    (4) Recording and measuring equipment must be adequate to accurately 
monitor the gas concentration, to ensure the correct amount of gas 
reaches the pests, and to detect any leaks in the enclosure. At least 
three sampling tubes or monitoring lines must be used in the treatment 
enclosure.
    (5) An adequate number of blowers or fans must be used inside of the 
treatment enclosure to uniformly distribute gas throughout the 
enclosure. The circulation system must be able to recirculate the entire 
volume of gas in the enclosure in 3 minutes or less.
    (6) The exposure period begins after all gas has been introduced.
    (7) For vacuum fumigation: The vacuum pump must be able to reduce 
pressure in the treatment enclosure to 1-2 inches of mercury in 15 
minutes or less.



Sec. 305.6  Cold treatment requirements.

    (a) Certification of treatment facilities. All facilities or 
locations used for refrigerating fruits or vegetables in accordance with 
the cold treatment schedules in the PPQ Treatment Manual must be 
certified by APHIS. Recertification of the facility or carrier is 
required every 3 years, or as often as APHIS directs, depending on 
treatments performed, commodities handled, and operations conducted at 
the facility. In order to be certified, facilities and carriers must:
    (1) Be capable of keeping treated and untreated fruits, vegetables, 
or other articles separate so as to prevent reinfestation of articles 
and spread of pests;
    (2) Have equipment that is adequate to effectively perform cold 
treatment.
    (b) Places of treatment; ports of entry. Precooling and 
refrigeration may be performed prior to, or upon arrival of fruits and 
vegetables in the United States, provided treatments are performed in 
accordance with applicable requirements of this section. Fruits and 
vegetables that are not treated prior to arrival in the United States 
must be treated after arrival only in cold storage warehouses approved 
by the Administrator and located in the area north of 39[deg] latitude 
and east of 104[deg] longitude or at one of the following ports: The 
maritime ports of Wilmington, NC; Seattle, WA; Corpus Christi, TX; and 
Gulfport, MS; Seattle-Tacoma International Airport, Seattle, WA; and 
Hartsfield-Atlanta International Airport, Atlanta, GA.
    (c) Cold treatment enclosures. All enclosures, in which cold 
treatment is performed, including refrigerated containers, must:
    (1) Be capable of maintaining the highest temperature of the 
treatment schedule under which the fruit will be treated specified in 
the PPQ Treatment Manual before the treatment begins and holding fruit 
at or below the treatment temperature during the treatment.
    (2) Maintain fruit pulp temperatures according to treatment 
schedules with no more than a 0.39 [deg]C (0.7 [deg]F) variation in 
temperature between two consecutive hourly readings.
    (3) Be structurally sound and adequate to maintain required 
temperatures.
    (d) Treatment procedures. (1) All material, labor, and equipment for 
cold treatment performed on a vessel must be provided by the vessel or 
vessel agent. An official authorized by APHIS monitors, manages, and 
advises in order to ensure that the treatment procedures are followed.
    (2) Refrigeration must be completed in the container, compartment, 
or room in which it is begun.
    (3) Fruit that may be cold treated must be safeguarded to prevent 
cross-contamination or mixing with other infested fruit.
    (4) Fruit intended for in-transit cold treatment must be precooled 
to no more than the highest temperature of the treatment schedule under 
which the fruit will be treated prior to beginning treatment. The in-
transit treatment enclosure may not be used for

[[Page 167]]

precooling unless an official authorized by APHIS approves the loading 
of the fruit in the treatment enclosure as adequate to allow for fruit 
pulp temperatures to be taken prior to beginning treatment. If the fruit 
is precooled outside the treatment enclosure, an official authorized by 
APHIS will take pulp temperatures manually from a sample of the fruit as 
the fruit is loaded for in-transit cold treatment to verify that 
precooling was completed. If the pulp temperatures for the sample are 
0.28 [deg]C (0.5 [deg]F) or more above the highest temperature of the 
treatment schedule under which the fruit will be treated, the pallet 
from which the sample was taken will be rejected and returned for 
additional precooling until the fruit reaches the highest temperature of 
the treatment schedule under which the fruit will be treated. If fruit 
is precooled in the treatment enclosure, or if treatment is conducted at 
a cold treatment facility in the United States, the fruit must be 
precooled to the highest temperature of the treatment schedule under 
which the fruit will be treated, as verified by an official authorized 
by APHIS, prior to beginning treatment.
    (5) Breaks, damage, etc., in the treatment enclosure that preclude 
maintaining correct temperatures must be repaired before the enclosure 
is used. An official authorized by APHIS must approve loading of 
compartment, number and placement of temperature probes or sensors, and 
initial fruit temperature readings before beginning the treatment. 
Hanging decks and hatch coamings within vessels may not be used as 
enclosures for in-transit cold treatment without prior written approval 
from APHIS. Double-stacking of pallets is not allowed.
    (6) Only the same type of fruit in the same type of package may be 
treated together in a container; no mixture of fruits in containers may 
be treated. A numbered seal must be placed on the doors of the loaded 
container and may be removed only at the port of destination by an 
official authorized by APHIS.
    (7) Temperature recording devices used during treatment must be 
secured using measures approved by APHIS as adequate to ensure the 
security and integrity of cold treatment data. The devices must be able 
to record the date, time, and sensor number and automatic and continuous 
records of the temperature during all calibrations and during treatment. 
Recording devices must be capable of generating temperature charts for 
verification by an inspector. If records of calibrations or treatments 
are found to have been manipulated, the vessel or container in which the 
treatment is performed may be suspended from conducting cold treatments 
until proper equipment is installed and an official authorized by APHIS 
has recertified it. APHIS' decision to recertify a vessel or container 
will take into account the severity of the infraction that led to 
suspension.
    (8) A minimum of four temperature probes or sensors is required for 
vessel holds used as treatment enclosures. A minimum of three 
temperature probes or sensors is required for other treatment 
enclosures. An official authorized by APHIS will have the option to 
require that additional temperature probes or sensors be used, depending 
on the size of the treatment enclosure.
    (9) Fruit pulp temperatures must be maintained at the temperature 
specified in the treatment schedule with no more than a 0.39 [deg]C (0.7 
[deg]F) variation in temperature between two consecutive hourly 
readings. Failure to comply with this requirement will result in 
invalidation of the treatment unless an official authorized by APHIS can 
verify that the pulp temperature was maintained at or below the 
treatment temperature for the duration of the treatment.
    (10) The time required to complete the treatment begins when all 
temperature probes reach the prescribed cold treatment schedule 
temperature. Refrigeration continues until the vessel arrives at the 
port of destination and the fruit is released for unloading by an 
inspector even though this may prolong the period required for the cold 
treatment.
    (11) Temperatures must be recorded at intervals no longer than 1 
hour apart. Gaps of longer than 1 hour will invalidate the treatment or 
indicate treatment failure unless an official authorized by APHIS can 
verify that the pulp temperature was maintained at or

[[Page 168]]

below the treatment temperature for the duration of the treatment.
    (12) Cold treatment is not completed until so declared by an 
official authorized by APHIS or the certifying official of the foreign 
country; consignments of treated commodities may not be discharged until 
APHIS clearance has been fully completed, including review and approval 
of treatment record charts.
    (13) Cold treatment of fruits in break bulk vessels or containers 
must be initiated by an official authorized by APHIS if there is not a 
treatment technician who has been trained to initiate cold treatments 
for either break bulk vessels or containers.
    (14) An official authorized by APHIS may perform audits to ensure 
that the treatment procedures comply with the regulations in this 
section and that the treatment is administered in accordance with the 
treatment schedules in the PPQ Treatment Manual. The official authorized 
by APHIS must be given the appropriate materials and access to the 
facility, container, or vessel necessary to perform the audits.
    (15) An inspector will sample and cut fruit from each consignment 
cold treated for Mediterranean fruit fly (Medfly) to monitor treatment 
effectiveness. If a single live Medfly in any stage of development is 
found, the consignment will be held until an investigation is completed 
and appropriate remedial actions have been implemented. If APHIS 
determines at any time that the safeguards contained in this section do 
not appear to be effective against the Medfly, APHIS may suspend the 
importation of fruits from the originating country and conduct an 
investigation into the cause of the deficiency.
    (16) The cold treatments required for the entry of fruit are 
considered necessary for the elimination of plant pests, and no 
liability shall attach to the U.S. Department of Agriculture or to any 
officer or representative of that Department in the event injury results 
to fruit offered for entry in accordance with these instructions. In 
prescribing cold treatments of certain fruits, it should be emphasized 
that inexactness and carelessness in applying the treatments may result 
in injury to the fruit or its rejection for entry.
    (e) Monitoring. Treatment must be monitored by an inspector to 
ensure proper administration of the treatment. An inspector must also 
approve the recording devices and sensors used to monitor temperatures 
and conduct an operational check of the equipment before each use and 
ensure sensors are calibrated. An inspector may approve, adjust, or 
reject the treatment.
    (f) Compliance agreements. Facilities located in the United States 
must operate under a compliance agreement with APHIS. The compliance 
agreement must be signed by a representative of the cold treatment 
facility and APHIS. The compliance agreement must contain requirements 
for equipment, temperature, circulation, and other operational 
requirements for performing cold treatment to ensure that treatments are 
administered properly. Compliance agreements must allow officials of 
APHIS to inspect the facility to monitor compliance with the 
regulations.
    (g) Workplans. Facilities located outside the United States may 
operate in accordance with a bilateral workplan. The workplan, if and 
when required, must be signed by a representative of the cold treatment 
facility, the national plant protection organization (NPPO) of the 
country of origin, and APHIS. The workplans must contain requirements 
for equipment, temperature, circulation, and other operational 
requirements for performing cold treatment to ensure that cold 
treatments are administered properly. Workplans for facilities outside 
the United States may also include trust fund agreement information 
regarding payment of the salaries and expenses of APHIS employees on 
site. Workplans must allow officials of the NPPO and APHIS to inspect 
the facility to monitor compliance with APHIS regulations.
    (h) Additional requirements for treatments performed after arrival 
in the United States.
    (1) Maritime port of Wilmington, NC. Consignments of fruit arriving 
at the maritime port of Wilmington, NC, for cold treatment, in addition 
to meeting all other applicable requirements of

[[Page 169]]

this section, must meet the following special conditions:
    (i) Bulk consignments (those consignments which are stowed and 
unloaded by the case or bin) of fruit must arrive in fruit fly-proof 
packaging that prevents the escape of adult, larval, or pupal fruit 
flies.
    (ii) Bulk and containerized consignments of fruit must be cold-
treated within the area over which the U.S. Department of Homeland 
Security is assigned the authority to accept entries of merchandise, to 
collect duties, and to enforce the various provisions of the customs and 
navigation laws in force.
    (iii) Advance reservations for cold treatment space must be made 
prior to the departure of a consignment from its port of origin.
    (iv) The cold treatment facility must remain locked during non-
working hours.
    (2) Maritime port of Seattle, WA. Consignments of fruit arriving at 
the maritime port of Seattle, WA, for cold treatment, in addition to 
meeting all other applicable requirements of this section, must meet the 
following special conditions:
    (i) Bulk consignments (those consignments which are stowed and 
unloaded by the case or bin) of fruit must arrive in fruit fly-proof 
packaging that prevents the escape of adult, larval, or pupal fruit 
flies.
    (ii) Bulk and containerized consignments of fruit must be cold 
treated within the area over which the U.S. Department of Homeland 
Security is assigned the authority to accept entries of merchandise, to 
collect duties, and to enforce the various provisions of the customs and 
navigation laws in force.
    (iii) Advance reservations for cold treatment space must be made 
prior to the departure of a consignment from its port of origin.
    (iv) The cold treatment facility must remain locked during non-
working hours.
    (v) Black light or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including APHIS-approved 
fruit fly traps, must be used within the 4 square miles surrounding the 
cold treatment facility.
    (vi) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (3) Airports of Atlanta, GA, and Seattle, WA. Consignments of fruit 
arriving at the airports of Atlanta, GA, and Seattle, WA, for cold 
treatment, in addition to meeting all other applicable requirements of 
this section, must meet the following special conditions:
    (i) Bulk and containerized consignments of fruit must arrive in 
fruit fly-proof packaging that prevents the escape of adult, larval, or 
pupal fruit flies.
    (ii) Bulk and containerized consignments of fruit arriving for cold 
treatment must be cold treated within the area over which the U.S. 
Department of Homeland Security is assigned the authority to accept 
entries of merchandise, to collect duties, and to enforce the various 
provisions of the customs and navigation laws in force.
    (iii) The cold treatment facility and APHIS must agree in advance on 
the route by which consignments are allowed to move between the aircraft 
on which they arrived at the airport and the cold treatment facility. 
The movement of consignments from aircraft to a cold treatment facility 
will not be allowed until an acceptable route has been agreed upon.
    (iv) Advance reservations for cold treatment space must be made 
prior to the departure of a consignment from its port of origin.
    (v) The cold treatment facility must remain locked during non-
working hours.
    (vi) Black light or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including APHIS-approved 
fruit fly traps, must be used within the 4 square miles surrounding the 
cold treatment facility.
    (vii) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (4) Maritime ports of Gulfport, MS, and Corpus Christi, TX. 
Consignments of fruit arriving at the ports of Gulfport, MS, and Corpus 
Christi, TX, for cold treatment, in addition to meeting all other 
applicable requirements of this

[[Page 170]]

section, must meet the following special conditions:
    (i) All fruit entering the port for cold treatment must move in 
maritime containers. No bulk consignments (those consignments which are 
stowed and unloaded by the case or bin) are permitted.
    (ii) Within the container, the fruit intended for cold treatment 
must be enclosed in fruit fly-proof packaging that prevents the escape 
of adult, larval, or pupal fruit flies.
    (iii) All consignments of fruit arriving at the port for cold 
treatment must be cold treated within the area over which the U.S. 
Department of Homeland Security is assigned the authority to accept 
entries of merchandise, to collect duties, and to enforce the various 
provisions of the customs and navigation laws in force.
    (iv) The cold treatment facility and APHIS must agree in advance on 
the route by which consignments are allowed to move between the vessel 
on which they arrived at the port and the cold treatment facility. The 
movement of consignments from vessel to cold treatment facility will not 
be allowed until an acceptable route has been agreed upon.
    (v) Advance reservations for cold treatment space at the port must 
be made prior to the departure of a consignment from its port of origin.
    (vi) Devanning, the unloading of fruit from containers into the cold 
treatment facility, must adhere to the following requirements:
    (A) All containers must be unloaded within the cold treatment 
facility; and
    (B) Untreated fruit may not be exposed to the outdoors under any 
circumstances.
    (vii) The cold treatment facility must remain locked during non-
working hours.
    (viii) Black lights or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including APHIS-approved 
fruit fly traps, must be used within the 4 square miles surrounding the 
cold treatment facility at the maritime port of Gulfport, MS, and within 
the 5 square miles surrounding the cold treatment facility at the 
maritime port of Corpus Christi, TX.
    (ix) During cold treatment, a backup system must be available to 
cold treat the consignments of fruit should the primary system 
malfunction. The facility must also have one or more reefers (cold 
holding rooms) and methods of identifying lots of treated and untreated 
fruits.
    (x) The cold treatment facility must have the ability to conduct 
methyl bromide fumigations on site.
    (xi) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.

[75 FR 4241, Jan. 26, 2010, as amended at 75 FR 52217, Aug. 25, 2010]



Sec. 305.7  Quick freeze treatment requirements.

    Quick freeze treatment for fruits and vegetables imported into the 
United States or moved interstate from Hawaii or Puerto Rico must be 
conducted in accordance with Sec. Sec. 319.56-12 or 318.13-13, 
respectively, of this chapter. The PPQ Treatment Manual indicates the 
fruits and vegetables for which quick freeze is an authorized treatment.



Sec. 305.8  Heat treatment requirements.

    (a) Certified facility. The treatment facility must be certified by 
APHIS. Recertification is required annually, or as often as APHIS 
directs, depending upon treatments performed, commodities handled, and 
operations conducted at the facility. In order to be certified, a heat 
treatment facility must:
    (1) Have equipment that is capable of adequately circulating air or 
water (as relevant to the treatment), changing the temperature, and 
maintaining the changed temperature sufficient to meet the treatment 
schedule parameters in the PPQ Treatment Manual.
    (2) Have equipment used to record, monitor, or sense temperature, 
maintained in proper working order.
    (3) Keep treated and untreated fruits, vegetables, or articles 
separate so as to prevent reinfestation and spread of pests.
    (b) Monitoring. Treatment must be monitored by an official 
authorized by APHIS to ensure proper administration of the treatment. An 
official authorized by APHIS approves, adjusts, or rejects the 
treatment.

[[Page 171]]

    (c) Compliance agreements. Facilities located in the United States 
must operate under a compliance agreement with APHIS. The compliance 
agreement must be signed by a representative of the heat treatment 
facilities located in the United States and APHIS. The compliance 
agreement must contain requirements for equipment, temperature, water 
quality, circulation, and other measures for performing heat treatments 
to ensure that treatments are administered properly. Compliance 
agreements must allow officials of APHIS to inspect the facility to 
monitor compliance with the regulations.
    (d) Workplans. Facilities located outside the United States must 
operate in accordance with a workplan. The workplan must be signed by a 
representative of the heat treatment facilities located outside the 
United States, the national plant protection organization of the country 
of origin (NPPO), and APHIS. The workplan must contain requirements for 
equipment, temperature, water quality, circulation, and other measures 
to ensure that heat treatments are administered properly. Workplans for 
facilities outside the United States must include trust fund agreement 
information regarding payment of the salaries and expenses of APHIS 
employees on site. Workplans must allow officials of the NPPO and APHIS 
to inspect the facility to monitor compliance with APHIS regulations.
    (e) Treatment procedures. (1) Before each treatment can begin, an 
official authorized by APHIS must approve the loading of the commodity 
in the treatment container.
    (2) Sensor equipment must be adequate to monitor the treatment, its 
type and placement must be approved by an official authorized by APHIS, 
and the equipment must be tested by an official authorized by APHIS 
prior to beginning the treatment. Sensor equipment must be locked before 
each treatment to prevent tampering.
    (3) Fruits, vegetables, or articles of substantially different sizes 
must be treated separately; oversized fruit may be rejected by an 
official authorized by APHIS.
    (4) The treatment period begins when the temperature specified by 
the treatment schedule has been reached. An official authorized by APHIS 
may abort the treatment if the facility requires an unreasonably long 
time to achieve the required temperature.



Sec. 305.9  Irradiation treatment requirements.

    Irradiation, carried out in accordance with the provisions of this 
section, is approved as a treatment for any imported regulated article 
(i.e., fruits, vegetables, cut flowers, and foliage); for any regulated 
article moved interstate from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, Guam, and the Commonwealth of the Northern Marianas Islands 
(referred to collectively, in this section, as Hawaii and U.S. 
territories); for any berry, fruit, nut, or vegetable listed as a 
regulated article in Sec. 301.32-2(a) of this chapter; and for any 
regulated article listed in 301.76-2 of this chapter and intended for 
consumption, as apparel or as a similar personal accessory, or for 
decorative use.
    (a) Location of facilities. (1) Where certified irradiation 
facilities are available, an approved irradiation treatment may be 
conducted for any imported regulated article either prior to shipment to 
the United States or in the United States. For any regulated article 
moved interstate from Hawaii or U.S. territories, irradiation treatment 
may be conducted either prior to movement to the mainland United States 
or in the mainland United States. For articles that are imported or 
moved interstate from Hawaii or U.S. territories, irradiation facilities 
may be located in any State on the mainland United States except 
Alabama, Arizona, California, Florida, Kentucky, Louisiana, Nevada, New 
Mexico, South Carolina, Tennessee, Texas, and Virginia. In the States of 
Georgia, Mississippi, and North Carolina, irradiation facilities may 
only be located at the maritime ports of Gulfport, MS, or Wilmington, 
NC, or the airport of Atlanta, GA, and only if the following special 
conditions are met: The articles to be irradiated must be imported or 
moved interstate packaged in accordance with paragraph (f)(3) of this 
section; the irradiation facility and APHIS must agree in advance on the

[[Page 172]]

route by which shipments are allowed to move between the vessel on which 
they arrive and the irradiation facility; untreated articles may not be 
removed from their packaging prior to treatment under any circumstances; 
blacklight or sticky paper must be used within the irradiation facility, 
and other trapping methods, including APHIS-approved fruit fly traps, 
must be used within the 4 square miles surrounding the facility; and the 
facility must have contingency plans, approved by APHIS, for safely 
destroying or disposing of regulated articles. Prior to treatment, the 
fruits and vegetables to be irradiated may not move into or through any 
of the States listed in this paragraph, except that movement is allowed 
through Dallas/Fort Worth, TX, 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) For articles that are moved interstate from areas quarantined 
for fruit flies, irradiation facilities may be located either within or 
outside of the quarantined area. If the articles are treated outside the 
quarantined area, they must be accompanied to the facility by a limited 
permit issued in accordance with Sec. 301.32-5(b) of this chapter and 
must be moved in accordance with any safeguards determined to be 
appropriate by APHIS.
    (3) For articles that are moved interstate from areas quarantined 
only for Asian citrus psyllid, and not for citrus greening, irradiation 
facilities must be located within an area that is not quarantined for 
citrus greening.
    (b) Approved facilities. The irradiation treatment facility must be 
approved by APHIS. In order to be approved, a facility must fulfill the 
requirements in paragraphs (c) and (d) of this section.
    (c) Compliance agreements. (1) Irradiation facilities treating 
imported articles. (i) Compliance agreements with importers and facility 
operators for irradiation in the United States. If irradiation of 
imported articles is conducted in the United States, both the importer 
and the operator of the irradiation facility must sign compliance 
agreements with APHIS. In the facility compliance agreement, the 
facility operator must agree to comply with any additional requirements 
found necessary by APHIS to prevent the escape, prior to irradiation, of 
any pests of concern that may be associated with the articles to be 
irradiated. In the importer compliance agreement, the importer must 
agree to comply with any additional requirements found necessary by 
APHIS to ensure the shipment is not diverted to a destination other than 
an approved treatment facility and to prevent escape of plant pests from 
the articles to be irradiated during their transit from the port of 
first arrival to the irradiation facility in the United States.
    (ii) Compliance agreement with irradiation facilities outside the 
United States. If irradiation of imported articles is conducted outside 
the United States, the operator of the irradiation facility must sign a 
compliance agreement with APHIS and the national plant protection 
organization (NPPO) of the country in which the facility is located. In 
this agreement, the facility operator must agree to comply with the 
requirements of this section, and the NPPO of the country in which the 
facility is located must agree to monitor that compliance and to inform 
the Administrator of any noncompliance.
    (2) Irradiation facilities treating articles moved interstate from 
Hawaii and U.S. territories. Irradiation facilities treating articles 
moved interstate from Hawaii and U.S. territories must complete a 
compliance agreement with APHIS as provided in Sec. 318.13-3(d) of this 
chapter.
    (3) Irradiation facilities treating articles moved interstate from 
areas quarantined for fruit flies. Irradiation facilities treating 
articles moved interstate from areas quarantined for fruit flies must 
complete a compliance agreement with APHIS as provided in Sec. 301.32-6 
of this chapter.
    (4) Irradiation facilities treating articles moved interstate from 
areas quarantined only for Asian citrus psyllid, and not for citrus 
greening, must complete a compliance agreement with APHIS as provided in 
Sec. 301.76-8 of this chapter.

[[Page 173]]

    (d) Certified facility. The irradiation treatment facility must be 
certified by APHIS. Recertification is required in the event of an 
increase in the amount of radioisotope, a decrease in the amount of 
radioisotope for a reason other than natural decay, a major modification 
to equipment that affects the delivered dose, or a change in the owner 
or managing entity of the facility. Recertification also may be required 
in cases where a significant variance in dose delivery has been measured 
by the dosimetry system. In order to be certified, a facility must:
    (1) Be capable of administering the minimum absorbed ionizing 
radiation doses specified in the PPQ Treatment Manual to the regulated 
articles;\1\
---------------------------------------------------------------------------

    \1\ The maximum absorbed ionizing radiation dose and the irradiation 
of food is regulated by the Food and Drug Administration under 21 CFR 
part 179.
---------------------------------------------------------------------------

    (2) Be constructed so as to provide physically separate locations 
for treated and untreated articles, except that articles 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, or some other means approved 
during certification to prevent reinfestation of articles and spread of 
pests.
    (3) If the facility is to be used to treat imported articles and is 
located in the United States, the facility will only be certified if 
APHIS determines that regulated articles will be safely transported to 
the facility from the port of arrival without significant risk that 
plant pests will escape in transit or while the regulated articles are 
at the facility.
    (e) Monitoring and interagency agreements. Treatment must be 
monitored by an inspector. This monitoring will include inspection of 
treatment records and unannounced inspections of the facility by an 
inspector, and may include inspection of articles prior to or after 
irradiation.
    (1) Irradiation facilities treating imported articles; irradiation 
treatment framework equivalency workplan. The NPPO of a country from 
which articles are to be imported into the United States in accordance 
with this section must sign a framework equivalency workplan with APHIS. 
In this plan, both the NPPO and APHIS will specify the following items 
for their respective countries:
    (A) Citations for any requirements that apply to the importation of 
irradiated fruits and vegetables;
    (B) The type and amount of inspection, monitoring, or other 
activities that will be required in connection with allowing the 
importation of irradiated fruits and vegetables into that country; and
    (C) Any other conditions that must be met to allow the importation 
of irradiated fruits and vegetables into that country.
    (2) Irradiation facilities located in foreign countries. Facilities 
in foreign countries that carry out irradiation operations must notify 
the Director of Preclearance, PPQ, APHIS, 4700 River Road Unit 140, 
Riverdale, MD 20737-1236, of scheduled operations at least 30 days 
before operations commence, except where otherwise provided in the 
facility preclearance workplan. To ensure the appropriate level of 
monitoring, before articles may be imported in accordance with this 
section, the following agreements must be signed, in addition to the 
irradiation treatment framework equivalency workplan required in 
paragraph (e)(1) of this section:
    (i) Facility preclearance workplan. Prior to commencing importation 
into the United States of articles treated at a foreign irradiation 
facility, APHIS and the NPPO of the country from which articles are to 
be imported must jointly develop a preclearance workplan that details 
the activities that APHIS and the foreign NPPO will carry out in 
connection with each irradiation facility to verify the facility's 
compliance with the requirements of this section. Typical activities to 
be described in this workplan may include frequency of visits to the 
facility by APHIS and foreign plant protection inspectors, methods for 
reviewing facility records, and methods for verifying that facilities 
are in compliance with

[[Page 174]]

the requirements for separation of articles, packaging, labeling, and 
other requirements of this section. This facility preclearance workplan 
will be reviewed and renewed by APHIS and the foreign NPPO on an annual 
basis.
    (ii) Trust fund agreement. Irradiated articles may be imported into 
the United States in accordance with this section only if the NPPO of 
the country in which the irradiation facility is located or a private 
export group has entered into a trust fund agreement with APHIS. That 
agreement requires the NPPO or the private export group to pay, in 
advance of each shipping season, all costs that APHIS estimates it will 
incur in providing inspection and treatment monitoring services at the 
irradiation facility during that shipping season. Those costs include 
administrative expenses and all salaries (including overtime and the 
Federal share of employee benefits), travel expenses (including per diem 
expenses), and other incidental expenses incurred by APHIS in performing 
these services. The agreement will describe the general nature and scope 
of APHIS services provided at irradiation facilities covered by the 
agreement, such as whether APHIS inspectors will monitor operations 
continuously or intermittently, and will generally describe the extent 
of inspections APHIS will perform on articles prior to and after 
irradiation. The agreement requires the NPPO or private export group to 
deposit a certified or cashier's check with APHIS for the amount of 
those costs, as estimated by APHIS. If the deposit is not sufficient to 
meet all costs incurred by APHIS, the agreement further requires the 
NPPO or the private export group to deposit with APHIS a certified or 
cashier's check for the amount of the remaining costs, as determined by 
APHIS, before any more articles irradiated in that country may be 
imported into the United States. After a final audit at the conclusion 
of each shipping season, any overpayment of funds would be returned to 
the NPPO or the private export group or held on account until needed, at 
the option of the NPPO or the private export group.
    (3) Irradiation facilities located within the United States. 
Facilities located within the United States must notify an inspector at 
least 24 hours (excluding Saturday, Sunday, and Federal holidays) before 
scheduled operations.\2\ If the facility will be used to treat imported 
articles, the NPPO of the country from which the articles are to be 
imported into the United States in accordance with this section must 
also sign the irradiation treatment framework equivalency workplan 
required in paragraph (e)(1) of this section.
---------------------------------------------------------------------------

    \2\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------

    (f) Packaging. Articles that are irradiated in accordance with this 
section must be packaged in cartons in the following manner:
    (1) Irradiated articles may not be packaged for shipment in a carton 
with nonirradiated articles.
    (2) For all imported articles irradiated prior to arrival in the 
United States, all articles moved interstate from Hawaii or U.S. 
territories and irradiated prior to arrival in the mainland United 
States, and all regulated articles to be moved interstate from an area 
quarantined for fruit flies or Asian citrus psyllid that are treated 
within the quarantined area:
    (i) The fruits and vegetables must be packaged either:
    (A) In insect-proof cartons that have no openings that will allow 
the entry of the pests of concern. The cartons must be sealed with seals 
that will visually indicate if the cartons have been opened. The cartons 
may be constructed of any material that prevents entry or oviposition 
(if applicable) by the pests of concern into the articles in the 
carton;\3\ or
---------------------------------------------------------------------------

    \3\ 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, Center for Plant Health Inspection and Technology, 1730 
Varsity Drive, Suite 400, Raleigh, NC 27606-5202.
---------------------------------------------------------------------------

    (B) In noninsect-proof cartons that are stored immediately after 
irradiation in a room completely enclosed by walls or screening that 
completely precludes access by the pests of concern. If stored in 
noninsect-proof cartons in a

[[Page 175]]

room that precludes access by the pests of concern, prior to leaving the 
room, each pallet of cartons must be completely enclosed in polyethylene 
shrink wrap, or another solid or netting covering that completely 
precludes access to the cartons by the pests of concern.
    (ii) To preserve the integrity of treated lots, each pallet-load of 
cartons containing the fruits and vegetables must be secured before 
leaving the irradiation facility in one of the following ways:
    (A) With polyethylene shrink wrap;
    (B) With net wrapping; or
    (C) With strapping.
    (iii) Packaging must be labeled in a manner that allows an inspector 
to determine treatment lot numbers, packing and treatment facility 
identification and location, and dates of packing and treatment.
    (A) For imported articles that are treated prior to arrival in the 
United States, pallets that remain intact as one unit until entry into 
the United States may have one such label per pallet. Pallets that are 
broken apart into smaller units prior to or during entry into the United 
States, or that will be broken apart into smaller units after entry into 
the United States, must have the required label information on each 
individual carton.
    (B) For articles moved interstate from Hawaii or U.S. territories 
that are treated prior to arrival in the mainland United States, pallets 
that remain intact as one unit until entry into the mainland United 
States may have one such label per pallet. Pallets that are broken apart 
into smaller units prior to or during entry into the mainland United 
States, or that will be broken apart into smaller units after entry into 
the mainland United States, must have the required label information on 
each individual carton.
    (3) For all articles imported to be irradiated upon arrival in the 
United States, moved interstate from Hawaii or U.S. territories to be 
irradiated upon arrival in the mainland United States, or moved 
interstate from areas quarantined for fruit flies or Asian citrus 
psyllid to be irradiated outside the quarantined area, the articles must 
be packed in cartons that have no openings that will allow the exit of 
the pests of concern and that are sealed with seals that will visually 
indicate if the cartons have been opened. They may be constructed of any 
material that prevents the pests of concern from exiting the carton. 
Cartons of untreated articles must be shipped in shipping containers 
sealed prior to their shipment with seals that will visually indicate if 
the shipping containers have been opened.
    (g) Containers or vans. Containers or vans that will transport 
treated articles must be free of pests of concern prior to loading the 
treated articles.
    (h) Certification of treatment for articles treated outside the 
United States. For each consignment treated in an irradiation facility 
outside the United States, a phytosanitary certificate, with the 
treatment section completed and issued by the NPPO, must accompany the 
consignment.
    (i) Dosage. The regulated articles must receive the minimum absorbed 
ionizing radiation dose specified in the PPQ Treatment Manual.
    (j) Dosimetry systems at the irradiation facility. (1) Dosimetry 
must indicate the doses needed to ensure that all the articles will 
receive the minimum dose prescribed.
    (2) The absorbed dose, as measured using an accurate dosimetry 
system, must meet or exceed the absorbed dose for the pest(s) of concern 
required by the PPQ Treatment Manual.
    (3) When designing the facility's dosimetry system and procedures 
for its operation, the facility operator must address guidance and 
principles from the International Standards Organization/American 
Society for Testing and Materials standard\4\ or an equivalent standard 
recognized by APHIS.
---------------------------------------------------------------------------

    \4\ Designation ISO/ASTM 51261-2002(E), ``Standard Guide for 
Selection and Calibration of Dosimetry Systems for Radiation 
Processing,'' American Society for Testing and Materials, Annual Book of 
ASTM Standards.
---------------------------------------------------------------------------

    (k) Records. An irradiation processor must maintain records of each 
treated lot for 1 year following the treatment date, and must make these 
records available for inspection by an inspector during normal business 
hours (8 a.m. to

[[Page 176]]

4:30 p.m., Monday through Friday, except holidays). 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.
    (l) Request for initial certification and inspection of facility. 
Persons requesting initial certification of an irradiation treatment 
facility must submit the request for approval in writing to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Center for Plant Health Inspection and Technology, 1730 Varsity Drive, 
Suite 400, Raleigh, NC 27606-5202. The initial request must identify the 
owner, location, and radiation source of the facility, and the applicant 
must supply additional information about the facility construction, 
treatment protocols, and operations upon request by APHIS if APHIS 
requires additional information to evaluate the request. Before the 
Administrator determines whether an irradiation facility is eligible for 
certification, an inspector will make a personal inspection of the 
facility to determine whether it complies with the standards of this 
section.
    (m) Denial and withdrawal of certification. (1) The Administrator 
will withdraw the certification of any irradiation treatment facility 
upon written request from the irradiation processor.
    (2) The Administrator will deny or withdraw certification of an 
irradiation treatment facility when any provision of this section is not 
met. Before withdrawing or denying certification, 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 
certification pending final determination in the proceeding if he or she 
determines that suspension is necessary to prevent the spread of any 
dangerous insect. 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.
    (n) Department not responsible for damage. This treatment is 
approved to assure quarantine security against the plant pests listed in 
the PPQ Treatment Manual. From the literature available, the articles 
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 monitored. 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.

(Approved by the Office of Management and Budget under control numbers 
0579-0155, 0579-0215, and 0579-0198)

[75 FR 4241, Jan. 26, 2010, as amended at 75 FR 34336, June 17, 2010]



PART 318_STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES--Table of Contents



       Subpart_Regulated Articles From Hawaii and the Territories

Sec.
318.13-1 Notice of quarantine.
318.13-2 Definitions.
318.13-3 General requirements for all regulated articles.
318.13-4 Approval of certain fruits and vegetables for interstate 
          movement.
318.13-5 Pest-free areas.
318.13-6 Transit of regulated articles from Hawaii or the territories 
          into or through the continental United States.
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 and disinfection of means of conveyance.

[[Page 177]]

318.13-10 Inspection of baggage, other personal effects, and cargo.
318.13-11 Posting of warning notice and distribution of baggage 
          declarations.
318.13-12 Movement by the U.S. Department of Agriculture.
318.13-13 Movement of frozen fruits and vegetables.
318.13-14 Movement of processed fruits, vegetables, and other products.
318.13-15 Parcel post inspection.
318.13-16 Regulated articles allowed interstate movement subject to 
          specified conditions.
318.13-17 Regulated articles from Guam.
318.13-18 -318.13-20 [Reserved]
318.13-21 Avocados from Hawaii to Alaska.
318.13-22 Bananas from Hawaii.
318.13-23 Cut flowers from Hawaii.
318.13-24 Sweetpotatoes from Puerto Rico.
318.13-25 Sweetpotatoes from Hawaii.
318.13-26 Breadfruit, jackfruit, fresh pods of cowpea, dragon fruit, 
          mangosteen, and moringa pods from Hawaii.

                          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_Sand, Soil, or Earth, with Plants From Territories and Districts

318.60 Notice of quarantine.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 
371.3.

    Source: 24 FR 10777, Dec. 29, 1959, unless otherwise noted.



       Subpart_Regulated Articles From Hawaii and the Territories

    Source: 74 FR 2775, Jan 16, 2009, unless otherwise noted.



Sec. 318.13-1  Notice of quarantine.

    (a) Under the authority of section 412 of the Plant Protection Act, 
the Secretary of Agriculture may prohibit or restrict the movement in 
interstate commerce of any plant or plant product if the Secretary 
determines that the prohibition or restriction is necessary to prevent 
the introduction into the United States or the dissemination within the 
United States of a plant pest or noxious weed.
    (b) The Secretary has determined that it is necessary to prohibit 
the interstate movement of cut flowers and fruits and vegetables and 
plants and portions of plants from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, Guam, and the Commonwealth of the Northern Mariana Islands 
except as provided in this subpart or as provided in ``Subpart--
Territorial Cotton, Cottonseed, and Cottonseed Products and ``Subpart--
Sand, Soil, or Earth, with Plants from Territories and Districts'''' in 
this part.

[74 FR 2775, Jan 16, 2009, as amended at 74 FR 15641, Apr. 7, 2009]



Sec. 318.13-2  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service (APHIS), U.S. Department of Agriculture, or any other 
employee of APHIS to whom authority has been delegated to act in the 
Administrator's stead.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the U.S. Department of Agriculture.
    Approved growing media. Agar or other translucent tissue culture 
media, buckwheat hulls, clean ocean sand, excelsior, exfoliated 
vermiculite, ground cork, ground peat, ground rubber, paper, polymer 
stabilized cellulose, quarry gravel, sawdust, wood shavings, cork 
shavings, sphagnum moss, tree fern slab (approved only for orchids), and 
vegetable fiber (free of pulp) including coconut and osmunda, but 
excluding cotton and sugarcane.
    Certification (certified). A type of authorization, issued by an 
inspector, evidencing freedom from infestation, to allow the movement of 
certain regulated articles in accordance with the

[[Page 178]]

regulations in this subpart. ``Certified'' shall be construed 
accordingly.
    Commercial consignment. A lot of fruits or 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 packinghouse on the packaging, 
and documents consigning the fruits or vegetables to a wholesaler or 
retailer.
    Compliance agreement. Any agreement to comply with stipulated 
conditions as prescribed under Sec. 318.13-3 or Sec. 318.13-4 or Sec. 
305.34 of this chapter, executed by any person to facilitate the 
interstate movement of regulated articles under this subpart.
    Consignment. A quantity of plants, plant products, and/or other 
articles, including fruits or vegetables, being moved from one country 
to another and covered, when required, by a single certificate or 
limited permit (a consignment may be composed of one or more commodities 
or lots).
    Continental United States. The 48 contiguous States, Alaska, and the 
District of Columbia.
    Cut flower. Any cut blooms, fresh foliage, and dried decorative 
plant material customarily used in the florist trade and not for 
planting; and being the severed portion of a plant, including the 
inflorescence, and any parts of the plant attached thereto, in a fresh 
state.
    Disinfection (disinfect and disinfected). The application to parts 
or all of a 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. A commodity class for fresh parts of plants 
intended for consumption or processing and not planting.
    Inspector. A State agricultural inspector or any individual 
authorized by the Administrator of APHIS or the Commissioner of Customs 
and Border Protection, Department of Homeland Security, to enforce the 
regulations in this subpart.
    Interstate. From one State into or through any other State; or 
within the District of Columbia, Guam, the Virgin Islands of the United 
States, or any other territory or possession of the United States.
    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.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    Means of conveyance. 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, Puerto Rico, Guam, the Commonwealth of the 
Northern Marina Islands, or the U.S. Virgin Islands into or through the 
continental United States or any other State or territory of the United 
States (or from or into or through other places as specified in this 
subpart). ``Move'' and ``movement'' shall be construed accordingly.
    Packing materials. Any plant or plant product, soil, or other 
substance associated with or accompanying any commodity or consignment 
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,'' includes the presence of 
such materials within, in contact with, or accompanying a consignment.
    Person. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    Plant debris. Detached leaves, twigs, or other portions of plants, 
or plant litter or rubbish as distinguished from approved parts of clean 
fruits and vegetables, or other commercial articles.

[[Page 179]]

    Plant pests. Any living stage of any of the following that can 
directly or indirectly injure, cause damage to, or cause disease in any 
plant or plant product: A protozoan, nonhuman animal, parasitic plant, 
bacterium, fungus, virus or viroid, infectious agent or other pathogen, 
or any article similar to or allied with any of those articles.
    Plant Protection and Quarantine (PPQ). The Plant Protection and 
Quarantine program of APHIS.
    Regulated articles. Fruits or vegetables in the raw or unprocessed 
state; cut flowers; seeds; and plants or plant products for 
nonpropagative or propagative use.
    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 consignments 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 consigments 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 
consignments after transloading in the continental United States or for 
overland consignments 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.
    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 and soluble salts.
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, or any other territory or possession 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 
the continental United States. Transit permits authorize one or more 
consignments 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.
    United States. All of the States.



Sec. 318.13-3  General requirements for all regulated articles.

    All regulated articles that are allowed movement under this subpart 
must be moved in accordance with the following requirements, except as 
specifically provided otherwise in this subpart.
    (a) Freedom from plant debris. All regulated articles moved under 
this subpart must be free from plant debris.
    (b) Certification. Certification may be issued for the movement of 
regulated articles under the following conditions:
    (1) Certification on basis of inspection or nature of lot involved. 
Regulated articles may be certified when they have been inspected by an 
inspector and found apparently free from infestation and infection, or 
without such inspection when the inspector determines that the lot for 
consignment is of such a nature that no danger of infestation or 
infection is involved.
    (i) Persons intending to move any articles that may be certified 
must contact the local Plant Protection and Quarantine office as far as 
possible in advance of the contemplated date of shipment in order to 
request an inspection.
    (ii) Persons intending to move any articles that may be certified 
must prepare, handle, and safeguard such articles from infestation or 
reinfestation, and assemble them at such points as the inspector may 
designate, placing them so that inspection may be readily made.
    (2) Certification on basis of treatment. (i) Regulated articles for 
which treatments are approved under part 305 of this chapter may be 
certified if such treatments have been applied in accordance with part 
305 of this chapter

[[Page 180]]

and if the articles were handled after such treatment in accordance with 
a compliance agreement executed by the applicant for certification or 
under the supervision of an inspector.
    (ii) Regulated articles certified after treatment in accordance with 
part 305 of this chapter that are taken aboard any ship, vessel, other 
surface craft, or aircraft must be segregated and protected in a manner 
as required by the inspector.
    (c) Limited permits. (1) Limited permits \1\ may be issued by an 
inspector for the movement of certain noncertified regulated articles to 
restricted destinations.
---------------------------------------------------------------------------

    \1\ Limited permits can be obtained from each State or territory's 
local Plant Protection and Quarantine office.
---------------------------------------------------------------------------

    (2) Limited permits may be issued by an inspector for the movement 
of regulated articles that would otherwise be prohibited movement under 
this subpart, if the articles are to be moved in accordance with Sec. 
318.13-6.
    (3) Except when the regulations specify that 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 for the movement of 
regulated articles for which a compliance agreement is required, the 
person entering the compliance agreement must agree to the following:
    (1) That he or she will use any permit or certification issued to 
him or her in accordance with the provisions in the permit, the 
requirements in this subpart, and the compliance agreement;
    (2) That he or she will maintain at his or her 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 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
    (3) That he or she will allow inspectors to inspect the 
establishment and its operations.
    (e) Attachment of limited permit or verification of certification. 
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 
certification or limited permit shall have the limited permit attached 
to the outside of the container or bear a U.S. Department of Agriculture 
stamp or inspection sticker verifying that the consignment has been 
certified in accordance with paragraph (b) of this section: Provided, 
That if a limited permit or certification is issued for a consignment of 
more than one container or for bulk products, certification shall be 
stamped on or the limited permit shall be attached to the accompanying 
waybill, manifest, or bill of lading.
    (f) Withdrawal of certification, transit permits, limited permits, 
or compliance agreements. Any certification, 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 certification, transit permit, limited permit, or compliance 
agreement 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 shall state all of the facts and reasons upon 
which the person relies to show that the certification, transit permit, 
limited permit, or compliance agreement 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

[[Page 181]]

hearing will be adopted by the Administrator.
    (g) Container marking and identity. Except as provided in Sec. 
318.13-6(c), consignments of regulated articles moved in accordance with 
this subpart must have the following information clearly marked on each 
container or 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 
certification stamp or number of the limited permit authorizing 
movement, if one was issued.
    (h) Refusal of movement. An inspector may refuse to allow the 
interstate movement of a regulated article if the inspector finds that 
the regulated article is prohibited, is not accompanied by required 
documentation, is so infested with a plant pest or noxious weed that, in 
the judgment of the inspector, it cannot be cleaned or treated, or 
contains soil or other prohibited contaminants.
    (i) 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. APHIS 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.
    (j) APHIS not responsible for damage. APHIS assumes no 
responsibility for any damage to regulated articles that results from 
the application of treatment or other measures required under this 
subpart (or under part 305 of this chapter) to protect against the 
dissemination of plant pests within the United States.

(Approved by the Office of Management and Budget under control number 
0579-0346)

[74 FR 2775, Jan. 16, 2009, as amended at 75 FR 4249, Jan. 26, 2010]



Sec. 318.13-4  Approval of certain fruits and vegetables for interstate 

movement.

    (a) Determination by the Administrator. The Administrator has 
determined that the application of one or more of the designated 
phytosanitary measures cited in paragraph (b) of this section to certain 
fruits and vegetables mitigates the risk posed by those commodities, and 
that such articles may be moved interstate subject to one or more of 
those measures, as provided in paragraphs (c) and (d) of this section. 
The name and origin of all fruits and vegetables authorized movement 
under this section, as well as the applicable requirements for their 
movement, may be found on the Internet at http://www.aphis.usda.gov/
import--export/plants/manuals/ports/downloads/hawaii.pdf or http://
www.aphis.usda.gov/import--export/plants/manuals/ports/downloads/
puerto--rico.pdf. Fruits or vegetables that require phytosanitary 
measures other than one or more of the designated phytosanitary measures 
cited in paragraph (b) of this section may only be moved in accordance 
with applicable requirements in Sec. 318.13-3 and regulated article-
specific requirements contained elsewhere in this subpart.
    (b) Designated phytosanitary measures. (1) The fruits and vegetables 
are inspected in the State of origin or in the first State of arrival.
    (2) The fruits and vegetables originated from a pest-free area in 
the State of origin and the grower from which the fruit or vegetable 
originated has entered into a compliance agreement with the 
Administrator.
    (3) The fruits and vegetables are treated in accordance with part 
305 of this chapter and the treatment is certified by an inspector.
    (4) The fruits and vegetables articles are inspected and certified 
in the State of origin by an inspector and have been found free of one 
or more specific quarantine pests identified by risk analysis as likely 
to follow the pathway.
    (5) The fruits and vegetables are moved as commercial consignments 
only.
    (6) The fruits and vegetables may be distributed only within a 
defined area and the boxes or containers in which

[[Page 182]]

the fruit or vegetables are distributed must be marked to indicate the 
applicable distribution restrictions.
    (c) Fruits and vegetables authorized for interstate movement under 
this section--(1) Previously approved fruits and vegetables. Fruits and 
vegetables that were authorized movement under this subpart either 
administratively or by specific regulation as of February 17, 2009 and 
that were subject only to one or more of the designated phytosanitary 
measures cited in paragraph (b) of this section and the general 
requirements of Sec. 318.13-3 may continue to be moved interstate under 
the same requirements that applied before February 17, 2009, except as 
provided in paragraph (d) of this section. The interstate movement 
conditions for those fruits and vegetables that were authorized movement 
under this subpart subject to additional measures beyond the designated 
measures in paragraph (b) of this section can be found in Sec. 318.13-
16 or one of the commodity-specific sections in this subpart.
    (2) Other fruits and vegetables. Fruits and vegetables that do not 
meet the criteria in paragraph (c)(1) of this section may be authorized 
movement under this section as follows:
    (i) Pest risk analysis. The risk posed by the particular article 
from a specified State has been evaluated and publicly communicated as 
follows:
    (A) Availability of pest risk analysis. APHIS published in the 
Federal Register, for a public comment period of 60 days, a notice 
announcing the availability of a pest risk analysis that evaluated the 
risks associated with the movement of the particular fruit or vegetable.
    (B) Determination of risk; factors considered. The Administrator 
determined, and announced in the notice referred to in the previous 
paragraph, that, based on the information available, the application of 
one or more of the designated phytosanitary measures described in 
paragraph (b) of this section is sufficient to mitigate the risk that 
plant pests or noxious weeds could be introduced into or disseminated 
elsewhere within the United States by the fruit or vegetable. In order 
for the Administrator to make the determination described in this 
paragraph, he or she must conclude based on the information presented in 
the risk analysis for the fruit or vegetable that the risk posed by each 
quarantine pest associated with the fruit or vegetable in the State of 
origin is mitigated by one or more of the following factors:
    (1) Inspection. A quarantine pest is associated with the fruit or 
vegetable in the State of origin, but the pest can be easily detected 
via inspection in the State of origin or in the State of first arrival;
    (2) Pest freedom. No quarantine pests are known to be associated 
with the fruit or vegetable in the State of origin, or a quarantine pest 
is associated with the fruit or vegetable in the State of origin but the 
fruit or vegetable originates from an area that meets the requirements 
of Sec. 318.13-5 for pest freedom;
    (3) Effectiveness of treatment. A quarantine pest is associated with 
the fruit or vegetable in the State of origin, but the risk posed by the 
pest can be reduced by applying an approved post-harvest treatment to 
the fruit or vegetable;
    (4) Predeparture inspection. A quarantine pest is associated with 
the fruit or vegetable in the State of origin, but the fruit or 
vegetable is subject to predeparture inspection;
    (5) Commercial consignments. A quarantine pest is associated with 
the fruit or vegetable in the State of origin, but the risk posed by the 
pest can be reduced by commercial practices.
    (6) Limited distribution. A quarantine pest is associated with the 
fruit or vegetable in the State of origin, but the risk posed by the 
pest can be reduced by limiting distribution of the fruit or vegetable 
and labeling boxes containing the fruit or vegetable with those 
distribution instructions.
    (ii) Administrator's decision. The Administrator will announce his 
or her decision in a subsequent Federal Register notice. If appropriate, 
APHIS would begin allowing the interstate movement of the fruits or 
vegetables subject to requirements specified in the notice because:
    (A) No comments were received on the pest risk analysis;
    (B) The comments on the pest risk analysis revealed that no changes 
to

[[Page 183]]

the pest risk analysis were necessary; or
    (C) Changes to the pest risk analysis were made in response to 
public comments, but the changes did not affect the overall conclusions 
of the analysis and the Administrator's determination of risk.
    (d) Amendment of interstate movement requirements. If, after 
February 17, 2009, the Administrator determines that one or more of the 
designated phytosanitary measures is not sufficient to mitigate the risk 
posed by any fruit or vegetable authorized interstate movement under 
this section, APHIS will prohibit or further restrict the interstate 
movement of the fruit or vegetable pending resolution of the situation. 
If APHIS concludes that a permanent change to the interstate movement 
requirements of a particular fruit or vegetable is necessary, APHIS will 
also publish a notice in the Federal Register advising the public of its 
finding. The notice will specify the amended interstate movement 
requirements, provide an effective date for the change, and invite 
public comment on the subject.

(Approved by the Office of Management and Budget under control number 
0579-0346)



Sec. 318.13-5  Pest-free areas.

    Certain fruits or vegetables may be moved interstate provided that 
the fruits or vegetables originate from an area that is free of a 
specific pest or pests. In some cases, fruits or vegetables may only be 
moved interstate if the area of origin is free of all plant pests that 
attack the fruits or vegetables. In other cases, fruits or vegetables 
may be moved interstate if the area of origin is free of one or more 
plant pests that attack the fruit or vegetable and the risk posed by the 
remaining plant pests that attack the fruit or vegetable is mitigated by 
other specific phytosanitary measures contained in the regulations in 
this subpart.
    (a) Application of standards for pest-free areas. APHIS will make a 
determination of an area's pest-free status based on information 
provided by the State. The information used to make this determination 
will include trapping and surveillance data, survey protocols, and 
protocols for actions to be performed upon detection of a pest.
    (b) Survey protocols. APHIS must approve the survey protocol used to 
determine and maintain pest-free status, as well as protocols for 
actions to be performed upon detection of a pest. Pest-free areas are 
subject to audit by APHIS to verify their status.
    (c) Determination of pest freedom. (1) For an area to be considered 
free of a specified pest for the purposes of this subpart, the 
Administrator must determine, and announce in a notice published in the 
Federal Register for a public comment period of 60 days, that the area 
meets the criteria of paragraphs (a) and (b) of this section.
    (2) The Administrator will announce his or her decision in a 
subsequent Federal Register notice. If appropriate, APHIS will allow 
movement of the regulated article from a pest-free area because:
    (i) No comments were received on the notice or
    (ii) The comments on the notice did not affect the overall 
conclusions of the notice and the Administrator's determination of risk.
    (d) Decertification of pest-free areas; reinstatement. If a pest is 
detected in an area that is designated as free of that pest, APHIS will 
publish in the Federal Register a notice announcing that the pest-free 
status of the area in question has been withdrawn and that interstate 
movement of host crops for the pest in question is subject to 
application of an approved treatment for the pest. If a treatment for 
the pest is not available, interstate movement of the host crops would 
be prohibited. In order for a decertified pest-free area to be 
reinstated, it would have to meet the criteria of paragraphs (a) through 
(c) of this section.
    (e) General requirements for the interstate movement of regulated 
articles from pest-free areas--(1) Labeling. Each box of fruits or 
vegetables that is moved interstate from a pest-free area under this 
subpart must be clearly labeled with:
    (i) The name of the orchard or grove of origin, or the name of the 
grower; and

[[Page 184]]

    (ii) The name of the municipality and State or territory in which 
the fruits or vegetables were produced; and
    (iii) The type and amount of fruits or vegetables the box contains.
    (2) Compliance agreement. Persons wishing to move fruits or 
vegetables from a pest-free area in Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
must enter into a compliance agreement with APHIS in accordance with 
Sec. 318.13-3(d).
    (3) Safeguarding. If fruits or vegetables are moved from a pest-free 
area into or through an area that is not free of that pest, the fruits 
or vegetables must be safeguarded during the time they are present in a 
non-pest-free area by being covered with insect-proof mesh screens or 
plastic tarpaulins, including while in transit to the packinghouse and 
while awaiting packaging. If fruits or vegetables are moved through an 
area that is not free of that pest during transit to a port, they must 
be packed in insect-proof cartons or containers or be covered by insect-
proof mesh or plastic tarpaulins during transit to the port and 
subsequent movement into or through the United States. These safeguards 
described in this section must remain intact until the fruits or 
vegetables reach their final destination.

(Approved by the Office of Management and Budget under control number 
0579-0346)



Sec. 318.13-6  Transit of fruits and vegetables from Hawaii or the territories 

into or through the continental United States.

    Fruits and vegetables from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
that are otherwise prohibited interstate movement into 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.
    (a) Transit permit. (1) A transit permit is required for the 
arrival, unloading, and movement through the continental United States 
of fruits and vegetables otherwise prohibited by this subpart from being 
moved through the continental United States from Hawaii, Puerto Rico, 
Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. 
Virgin Islands. Application for a transit permit may be made in writing 
or with PPQ Form 586. \2\ The transit permit application must include 
the following information:
---------------------------------------------------------------------------

    \2\ PPQ Form 586 can be obtained from PPQ Permit Services or at 
http://www.aphis.usda.gov/plant--health/permits/transit.shtml . 
Applications for transit permits should be submitted to USDA, APHIS, PPQ 
Permit Services, 4700 River Road Unit 136, Riverdale, MD 20737 or 
through e-permits http://www.aphis.usda.gov/permits/learn--
epermits.shtml.
---------------------------------------------------------------------------

    (i) The specific types of fruits and vegetables to be shipped (only 
scientific or English common names are acceptable);
    (ii) The means of conveyance to be used to transport the fruit or 
vegetable 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 
or vegetables are to be transloaded;
    (vi) The means of conveyance to be used for transporting the fruits 
or 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 continental United 
States, the name and address in the continental 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

[[Page 185]]

air consignments, 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. 
318.13-3(f), unless the transit permit has been reinstated upon appeal.
    (b) Limited permit. Fruits or vegetables shipped from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands 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 consignment is authorized to stop 
or where overland consignments 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 or vegetables being shipped are accurately described by 
accompanying documentation, such as the accompanying manifest, waybill, 
and bill of lading. (Only scientific or English common names are 
acceptable.) The fruits or 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 consignment of fruits or 
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 regulated articles 
for transit through the continental United States under this section 
must be conspicuously marked, prior to the locking and sealing of the 
container in the State of origin, with a printed label that includes a 
description of the specific type and quantity of the fruits or 
vegetables (only scientific or English common names are acceptable), the 
transit permit number under which the regulated articles are to be 
shipped, and, in English, the State in which they were grown and the 
statement ``Distribution in the United States is Prohibited.''
    (d) Handling of fruits and vegetables. Fruits or vegetables shipped 
through the United States from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
in accordance with this section may not be commingled in the same sealed 
container with fruits or vegetables that are intended for entry and 
distribution in the United States. The fruits or 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 or vegetables 
exit the 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 or 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, TX, as an authorized stop for air 
cargo, or as a transloading location for consignments that arrive by air 
but that are subsequently transloaded into trucks for overland movement 
from Dallas/Fort Worth, TX, into the designated corridor by the shortest 
route. Movement through the United States must begin and end at 
locations staffed by APHIS inspectors.
    (f) Movement of regulated articles. Transportation through the 
continental United States shall be by the most direct route to the final 
destination of the consignment in the country to which it is exported, 
as determined

[[Page 186]]

by APHIS based on commercial shipping routes and timetables and set 
forth in the transit permit. No change in the quantity of the original 
consignment from that described in the limited permit is allowed. No 
remarking is allowed. No diversion or delay of the consignment 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 consignment 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 United 
States.
    (h) Consignments by sea. Except as authorized by this paragraph, 
consignments arriving in the United States by sea from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands 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 United 
States, and provided that APHIS inspectors are available to provide 
supervision. No other transloading of the consignment 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) Consignments by air. (1) Consignments arriving in the United 
States by air from Hawaii, Puerto Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, or the U.S. Virgin Islands may be transloaded 
only once in the United States. Transloading of air consignments must be 
carried out in the presence of an APHIS inspector. Consignments 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 consignment 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 consignment 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 United States, and provided that APHIS inspectors are 
available to provide supervision. Transloading of air consignments 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, 
consignments 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

[[Page 187]]

forth in paragraph (e) of this section and is staffed by APHIS 
inspectors. As an alternative to transloading a consignment arriving in 
the United States into another aircraft, consignments that arrive by air 
may be transloaded into a truck trailer for export by the most direct 
route to the final destination of the consignment 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 consignment 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 United States, and 
provided that APHIS inspectors are available to provide supervision.
    (j) Duration and location of storage. Any storage in the United 
States of fruits or 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 or 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 consignments, 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 
regulated articles leave Hawaii, Puerto Rico, Guam, the Commonwealth of 
the Northern Mariana Islands, the U.S. Virgin Islands, or any other 
territory or possession of the United States until they exit the 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 
United States under this section must ensure that the sealed container 
is carrying only those fruits or 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 or 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 or vegetables 
through the United States under this section does not imply that such 
fruits or vegetables are enterable into the destination country. 
Consignments returned to the United States from the destination country 
shall be subject to all applicable regulations, including ``Subpart--
Fruits and Vegetables'' of part 319 and ``Plant Quarantine Safeguard 
Regulations'' of 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 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 
0579-0346)



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, or cut flowers subject to the 
quarantine and regulations in this subpart, when loose and free of 
packing materials, may be taken

[[Page 188]]

aboard any ship, vessel, or other surface craft by passengers or members 
of the crew without inspection and certification in the State of origin. 
However, if such articles are not eligible for certification under Sec. 
318.13-3, they must be entirely consumed or disposed of before arrival 
within the territorial waters of the continental United States, Hawaii, 
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or 
the U.S. Virgin Islands.
    (b) As ships' stores or decorations. Fruits, vegetables, or cut 
flowers subject to the quarantine and regulations in this subpart may be 
taken aboard a ship, vessel, or other surface craft in Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands 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 ship, vessel, or other 
surface craft before arrival within the territorial waters of the 
continental United States, Hawaii, Puerto Rico, Guam, the Commonwealth 
of the Northern Mariana Islands, the U.S. Virgin Islands, or any other 
territory or possession 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 paragraphs 
(b) and (c) of Sec. 352.10 of this chapter.



Sec. 318.13-8  Articles and persons subject to inspection.

    In addition to the inspection requirements in Sec. Sec. 318.13-9 
and 318.13-10, persons, means of conveyance (including ships, other 
oceangoing craft, and aircraft), baggage, cargo, and any other articles, 
that are destined for movement, are moving, or have been moved from 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands to a destination elsewhere in the 
United States are subject to agricultural inspection at the port of 
departure, the port of arrival, 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.



Sec. 318.13-9  Inspection and disinfection of means of conveyance.

    (a) Inspection of aircraft prior to departure. No person shall move 
any aircraft from Hawaii, Puerto Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, or the U.S. Virgin Islands to any other State 
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 Hawaii, Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, or the U.S. Virgin Islands to Guam shall contact an 
inspector and offer the inspector the opportunity to inspect the 
aircraft upon the aircraft's arrival in Guam.
    (c) Inspection of ships upon arrival. Any person who has moved a 
ship or other oceangoing craft from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
to any other State shall contact an inspector and offer the inspector 
the opportunity to inspect the ship or other oceangoing craft upon its 
arrival.
    (d) Disinfection of means of conveyance. If an inspector 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 part 305 of this chapter 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.

[[Page 189]]



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, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
to any other State 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 U.S. 
Department of Agriculture 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, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
to any other State, 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 U.S. 
Department of Agriculture 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, Puerto Rico, or the U.S. Virgin 
Islands 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 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

[[Page 190]]

any check-in aircraft baggage destined for movement from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands to any other State unless the baggage bears a U.S. 
Department of Agriculture stamp, inspection sticker, or other indication 
applied by an inspector representing that the baggage has been inspected 
and certified.
    (e) Offer for inspection by persons moving by ship. No person who 
has moved on any ship or other oceangoing craft from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands to any other territory, State, or District of the 
United States, shall remove or attempt to remove any baggage or other 
personal effects from the designated inspection area as provided in 
paragraph (h) of this section on or off the ship or other oceangoing 
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, Puerto Rico, Guam, or the U.S. Virgin Islands to 
any other State unless the cargo has been offered for inspection, passed 
by an inspector, and bears a U.S. Department of Agriculture stamp or 
inspection sticker, or unless a limited permit is attached to the cargo 
as specified in Sec. 318.13-3(e).
    (2) Cargo designated may be loaded without a U.S. Department of 
Agriculture stamp or inspection sticker 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 oceangoing craft or as 
air cargo;
    (ii) The carrier has on file documentary evidence that a valid 
limited permit was issued for the movement or that the cargo was 
certified; 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 
consignment.
    (3) Cargo moved in accordance with Sec. 318.13-6(b) 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 
consignment.
    (g) Removal of certain cargoes in Guam. No person shall remove or 
attempt to remove from a designated inspection area as provided in 
paragraph (h) of this section, on or off the means of conveyance, any 
cargo moved from Hawaii, Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, or the U.S. Virgin Islands 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 and cargo inspection. Baggage 
and cargo inspection will not be performed until the person in charge or 
possession of the ship, other oceangoing 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.



Sec. 318.13-11  Posting of warning notice and distribution of baggage 

declarations.

    (a) Before any aircraft or any ship, vessel, or other surface craft 
moving to Guam, the Commonwealth of Northern Mariana Islands, or 
American Samoa from Hawaii or any other territory or possession of the 
United States arrives

[[Page 191]]

in Guam, the Commonwealth of Northern Mariana Islands, or American 
Samoa, a baggage declaration, to be furnished by the U.S. Department of 
Agriculture, calling attention to the provisions of the Plant Protection 
Act and the quarantine and regulations in this subpart, must be 
distributed to each adult passenger. 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 aircraft, 
ship, vessel, or other surface craft to the inspector on arrival at the 
quarantine or inspection area.
    (b) Every person owning or controlling any dock, harbor, or landing 
field in Hawaii, Puerto Rico, Guam, the Commonwealth of Northern Mariana 
Islands, or the U.S. Virgin Islands from which ships, vessels, other 
surface craft, or aircraft leave for ports in any other State 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. Every master, or other responsible officer of any ship, 
vessel, other surface craft, or aircraft leaving Hawaii, Puerto Rico, 
Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. 
Virgin Islands destined to a port in any other State, 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.



Sec. 318.13-12  Movement by the U.S. Department of Agriculture.

    Notwithstanding any other restrictions of this subpart, regulated 
articles may be moved if they are moved by the U.S. Department of 
Agriculture for experimental or scientific purposes and are moved under 
conditions found by the Administrator to be adequate to prevent the 
spread of plant pests and diseases.



Sec. 318.13-13  Movement of frozen fruits and vegetables.

    Frozen fruits and vegetables may be certified for movement from 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands, into or through any other 
territory, State, or District of the United States in accordance with 
Sec. 318.13-3. Such fruits and vegetables must be held at a temperature 
not higher than 20 [deg]F during shipping and upon arrival in the 
continental United States, and in accordance with the requirements for 
the interstate movement of frozen fruits and vegetables in part 305 of 
this chapter. Paragraph (b) of Sec. 305.17 lists frozen fruits and 
vegetables for which quick freezing is not an authorized treatment.



Sec. 318.13-14  Movement of processed fruits, vegetables, and other products.

    (a) Fruits, vegetables, and other products that are processed 
sufficiently as to preclude the survival of any live pests can be moved 
interstate from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and 
the Commonwealth of the Northern Mariana Islands. Those processed 
products which are approved for interstate movement from those States 
can be found in the fruits and vegetables manuals for those States. 
These manuals are available on the Internet at http://
www.aphis.usda.gov/import--export/plants/manuals/ports/downloads/
hawaii.pdf and http://www.aphis.usda.gov/import--export/plants/manuals/
ports/downloads/puerto--rico.pdf.
    (b) Consignments of processed fruits, vegetables, or other products 
that have not been processed sufficiently as to be incapable of 
harboring fruit flies are subject to the interstate movement 
requirements which apply to the fruit, vegetable, or other product in 
its unprocessed state.



Sec. 318.13-15  Parcel post inspection.

    Inspectors are authorized to inspect, with the cooperation of the 
U.S. Postal Service, parcel post packages placed in the mails in Hawaii, 
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or 
the U.S. Virgin Islands to determine whether such packages contain 
products whose movement is not authorized under this subpart, to examine 
any such products that are found for insect infestation, and to notify 
the postmaster in writing

[[Page 192]]

of any violations of this subpart that are found as a result of an 
inspection.



Sec. 318.13-16  Regulated articles allowed interstate movement subject to 

specified conditions.

    (a) The following regulated articles may be moved interstate in 
accordance with Sec. 318.13-3 and any additional requirements specified 
in paragraph (b) of this section.

----------------------------------------------------------------------------------------------------------------
State, territory, or district of                                                                  Additional
             origin                   Common name       Botanical name       Plant part(s)       requirements
----------------------------------------------------------------------------------------------------------------
Hawaii..........................  Bananas \1\.......  Musa spp..........  Fruit.............  (b)(1)(i),
                                                                                               (b)(2)(ii)
                                  Litchi............  Litchi chinensis..  Fruit.............  (b)(1)(ii),
                                                                                               (b)(3)(ii)
                                  Longan............  Dimocarpus longan.  Fruit.............  (b)(1)(ii),
                                                                                               (b)(3)(ii)
                                  Pot marigold,       Calendula spp.....  Flower............  (b)(2)(iii)
                                   johnny-jump-ups,
                                   pansies, and
                                   violets.
                                  Pineapple \2\.....  Ananas comosus....  Fruit.............  (b)(2)(i)
Puerto Rico.....................  Cactus............  Cactaceae.........  Whole plant.......  (b)(2)(iv),
                                                                                               (b)(3)(ii)
                                  Okra..............  Abelmoschus         Fruit.............  (b)(3)(i)
                                                       escuelentus.
                                  Pot marigold,       Calendula spp.....  Flower............  (b)(2)(iii)
                                   johnny-jump-ups,
                                   pansies, and
                                   violets.
U.S. Virgin Islands.............  Cactus............  Cactaceae.........  Whole plant.......  (b)(2)(iv),
                                                                                               (b)(3)(ii)
                                  Okra..............  Abelmoschus         Fruit.............  (b)(3)(i)
                                                       escuelentus.
                                  Pot marigold,       Calendula spp.....  Flower............  (b)(2)(iii)
                                   johnny-jump-ups,
                                   pansies, and
                                   violets.
----------------------------------------------------------------------------------------------------------------
\1\ Fruit may also be moved interstate in accordance with Sec.  318.13-17.
\2\ Fruit may also be moved interstate with treatment in accordance with part 305 of this chapter.

    (b) Additional restrictions for applicable regulated articles as 
specified in paragraph (a) of this section.
    (1) Restricted movement and distribution.
    (i) Allowed movement into Alaska. Cartons must be labeled, ``For 
distribution in Alaska only.''
    (ii) May not be moved interstate into Florida. Cartons must be 
stamped ``Not for movement into or distribution in FL.''
    (2) Plant types.
    (i) Smooth cayenne variety and hybrids with 50 percent or more 
smooth cayenne parentage only.
    (ii) Green bananas of the cultivars ``Williams,'' ``Valery,'' 
``Grand Nain,'' and standard and dwarf ``Brazilian'' only.
    (iii) Inflorescences only with no stems or leaves attached.
    (iv) Bare-rooted plants or plants rooted in approved growing media 
only.
    (3) Other conditions.
    (i) If destined to States other than Alabama, Arizona, Arkansas, 
California, Florida, Georgia, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri, Nevada, New Mexico, North Carolina, Oklahoma, 
South Carolina, Tennessee, Texas, or Virginia, the consignment must be 
treated in accordance with part 305 of this chapter unless the 
consignment is for immediate consumption or processing.
    (ii) Must be treated in accordance with part 305 of this chapter.

[74 FR 2775, Jan. 16, 2009, as amended at 75 FR 4249, Jan. 26, 2010]



Sec. 318.13-17  Regulated articles from Guam.

    (a)(1) Regulated articles, other than soil, may be moved from Guam 
into or through any other State only if they meet the strictest plant 
quarantine requirements under part 319 of this chapter for similar 
articles offered for entry into such States from the countries of East 
and Southeast Asia, including Cambodia, India, Japan, Korea, Laos, the 
northeastern provinces of Manchuria, the Philippines, Taiwan, and 
Vietnam, or the islands of the Central and South Pacific, including 
Micronesia, Melanesia, and Polynesia, as well as Australia, New Zealand, 
and

[[Page 193]]

the Malay Archipelago, except requirements for permits, phytosanitary 
certificates, notices of arrival, and notices of consignment from port 
of arrival. Soil must meet the requirements of Sec. 330.300 of this 
chapter.
    (2) Regulated articles that do not meet the requirements of 
paragraph (a)(1) of this section are prohibited movement from Guam into 
or through any other State.
    (b)(1) Regulated articles moved from Guam into or through any other 
State 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.
    (2) A release shall be issued in writing unless the inspection 
involves small quantities of regulated articles, in which case a release 
may be issued orally by the inspector.



Sec. Sec. 318.13-18-318.13-20  [Reserved]



Sec. 318.13-21  Avocados from Hawaii to Alaska.

    Avocados may be moved interstate from Hawaii to Alaska without 
treatment 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 consignment must be identified in accordance with 
the requirements of Sec. 318.13-3.
    (b) Commercial consignments. The avocados may be moved in commercial 
consignments only.
    (c) Packing requirements. The avocados must have been sealed in the 
packinghouse 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, OR; Seattle, WA; 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 State other than Alaska. If the avocados arrive at 
either Portland, OR, or Seattle, WA, they may be transloaded only under 
the following conditions:
    (1) Consignments 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) Consignments by air. The avocados may be transloaded from one 
aircraft to another aircraft at the port of arrival, provided 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 of the consignment 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 (e)(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. Consignments of avocados must be accompanied by 
a limited permit issued by an APHIS inspector in accordance with Sec. 
318.13-3(c). The limited permit will be issued only

[[Page 194]]

if the inspector examines the consignment and determines that the 
consignment has been prepared in compliance with the provisions of this 
section.



Sec. 318.13-22  Bananas from Hawaii.

    (a) Green bananas (Musa spp.) of the cultivars ``Williams,'' 
``Valery,'' ``Grand Nain,'' and standard and dwarf ``Brazilian'' may be 
moved interstate from Hawaii with certification in accordance with Sec. 
318.13-3 if the bananas meet the following conditions: \3\
---------------------------------------------------------------------------

    \3\ Bananas from Hawaii may also be moved to Alaska under Sec. 
318.13-16.
---------------------------------------------------------------------------

    (1) 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;
    (2) 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;
    (3) 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
    (4) To safeguard from fruit fly infestation, the bananas must be 
covered with insect-proof packaging, such as insect-proof mesh screens 
or plastic tarpaulins, from the time that they are packaged for shipment 
until they reach the port of arrival on the mainland United States.
    (b) Bananas of any cultivar or ripeness that do not meet the 
conditions of paragraph (a) of this section may also be moved interstate 
from Hawaii in accordance with the following conditions:
    (1) The bananas are irradiated in accordance with part 305 of this 
chapter for the Mediterranean fruit fly (Ceratitis capitata), the melon 
fruit fly (Bactrocera curcurbitae), the Oriental fruit fly (Bactrocera 
dorsalis), and the green scale (Coccus viridis) and are inspected, after 
removal from the stalk, in Hawaii and found to be free of the banana 
moth (Opogona sacchari (Bojen)) by an inspector before or after 
undergoing irradiation treatment; or
    (2) The bananas are irradiated in accordance with part 305 of this 
chapter for the Mediterranean fruit fly (Ceratitis capitata), the melon 
fruit fly (Bactrocera curcurbitae), and the Oriental fruit fly 
(Bactrocera dorsalis) and are inspected, after removal from the stalk, 
in Hawaii and found to be free of the green scale (Coccus viridis) and 
the banana moth (Opogona sacchari (Bojen)) before or after undergoing 
irradiation treatment.
    (3) Untreated bananas from Hawaii may be moved interstate for 
treatment on the mainland United States under a limited permit issued by 
an inspector. To be eligible for a limited permit under this paragraph, 
bananas from Hawaii must be inspected prior to interstate movement from 
Hawaii and found free of banana moth if they are to be treated in 
accordance with the requirements of paragraph (b)(1) of this section or 
inspected and found free of banana moth and green scale if they are to 
be treated in accordance with the requirements of paragraph (b)(2) of 
this section.

[74 FR 2775, Jan. 16, 2009, as amended at 75 FR 4249, Jan. 26, 2010]



Sec. 318.13-23  Cut flowers from Hawaii.

    (a) Except for cut blooms and leis of mauna loa and jade vine and 
except for cut blooms of gardenia not grown in accordance with paragraph 
(b) of this section, cut flowers 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.
    (b) Cut blooms of gardenia may be moved interstate from Hawaii if 
grown and inspected in accordance with the provisions of this section. 
\4\
---------------------------------------------------------------------------

    \4\ Cut blooms of gardenia are also eligible for interstate movement 
with treatment in accordance with part 305 of this chapter.

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

[[Page 195]]

    (1) The grower's production area must be inspected annually by an 
inspector and found free of green scale. If green scale is found during 
an inspection, a 2-month ban will be placed on the interstate movement 
of cut blooms of gardenia from that production area. Near the end of the 
2 months, an inspector will reinspect the grower's production area to 
determine whether green scale is present. If reinspection determines 
that the production area is free of green scale, shipping may resume. If 
reinspection determines that green scale is still present in the 
production area, another 2-month ban on shipping will be placed on the 
interstate movement of gardenia from that production area. Each ban will 
be followed by reinspection in the manner specified, and the production 
area must be found free of green scale prior to interstate movement.
    (2) The grower must establish a buffer area surrounding gardenia 
production areas. The buffer area must extend 20 feet from the edge of 
the production area. Within the buffer area, the growing of gardenias 
and the following green scale host plants is prohibited: Ixora, ginger 
(Alpinia purpurata), plumeria, coffee, rambutan, litchi, guava, citrus, 
anthurium, avocado, banana, cocoa, macadamia, celery, Pluchea indica, 
mango, orchids, and annona.
    (3) An inspector must visually inspect the cut blooms of gardenias 
in each consignment prior to interstate movement from Hawaii to the 
mainland United States. If the inspector does not detect green scale in 
the consignment, the inspector will certify the consignment in 
accordance with Sec. 318.13-3(b). If the inspector finds green scale in 
a consignment, that consignment will be ineligible for interstate 
movement from Hawaii.

(Approved by the Office of Management and Budget under control number 
0579-0198)



Sec. 318.13-24  Sweet potatoes from Puerto Rico.

    Sweet potatoes from Puerto Rico may be moved interstate to Atlantic 
Coast ports north of and including Baltimore, MD, under limited permit 
if treated in accordance with part 305 of this chapter or if the 
following conditions are met:
    (a) The sweet potatoes must be certified by an inspector of Puerto 
Rico as having been grown under the following conditions:
    (1) Fields in which the sweet potatoes have been grown must have 
been given a preplanting treatment with an APHIS-approved soil 
insecticide.
    (2) Before planting in such treated fields, the sweet potato draws 
and vine cuttings must have been dipped in an APHIS-approved 
insecticidal solution.
    (3) During the growing season an approved insecticide must have been 
applied to the vines at prescribed intervals.
    (b) An inspector of Puerto Rico must certify that the sweet potatoes 
have been washed.
    (c) The sweet potatoes must be graded by inspectors 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 prior to movement from 
Puerto Rico.
    (d) The sweet potatoes must be inspected by an inspector and found 
to be free of the sweet potato scarabee (Euscepes postfasciatus Fairm.).



Sec. 318.13-25  Sweetpotatoes from Hawaii.

    Sweetpotatoes may be moved interstate from Hawaii in accordance with 
this section only if the sweetpotatoes meet the conditions in paragraph 
(a) or paragraph (b) of this section or if the sweetpotatoes are 
fumigated with methyl bromide in accordance with part 305 of this 
chapter.
    (a) Vapor heat treatment and inspection. (1) The sweetpotatoes must 
be treated with vapor heat in accordance with part 305 of this chapter.
    (2) The sweetpotatoes must be sampled, cut, and inspected and found 
to be free of the ginger weevil (Elytrotreinus subtruncatus). Sampling, 
cutting, and inspection must be performed under conditions that will 
prevent any pests that may emerge from the sampled sweetpotatoes from 
infesting any other sweetpotatoes intended for interstate movement in 
accordance with this section.

[[Page 196]]

    (3) The sweetpotatoes must be inspected and found to be free of the 
gray pineapple mealybug (Dysmicoccus neobrevipes) and the Kona coffee-
root knot nematode (Meloidogyne konaensis).
    (4)(i) Sweetpotatoes 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 
the pests of concern 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 the pests of concern.\5\
---------------------------------------------------------------------------

    \5\ 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, Center for Plant Health Science and Technology, 1730 Varsity 
Drive, Suite 400, Raleigh, NC 27606.
---------------------------------------------------------------------------

    (B) The pallet-load of cartons must be secured before it leaves the 
treatment facility in one of the following ways:
    (1) With polyethylene sheet wrap;
    (2) With net wrapping; or
    (3) With strapping.
    (C) Packaging must be labeled in a manner that allows an inspector 
to determine treatment lot numbers, packing and treatment facility 
identification and location, and dates of packing and treatment.
    (ii) Cartons of untreated sweetpotatoes 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.
    (5)(i) Certification on basis of treatment. Certification shall be 
issued by an inspector for the movement of sweetpotatoes from Hawaii 
that have been treated in accordance with part 305 of this chapter and 
handled in Hawaii in accordance with this section.
    (ii) Limited permit. A limited permit shall be issued by an 
inspector for the interstate movement of untreated sweetpotato from 
Hawaii for treatment on the mainland United States in accordance with 
this section.
    (b) Irradiation treatment and inspection. (1) The sweetpotatoes must 
be treated with irradiation in accordance with part 305 of this chapter.
    (2) Sweetpotatoes that are not treated with an irradiation dose 
approved to neutralize the ginger weevil (Elytrotreinus subtruncatus) 
must be sampled, cut, and inspected and found to be free of the ginger 
weevil by an inspector in Hawaii. Sampling, cutting, and inspection must 
be performed under conditions that will prevent any pests that may 
emerge from the sampled sweetpotatoes from infesting any other 
sweetpotatoes intended for interstate movement in accordance with this 
section.
    (3)(i) To be certified for interstate movement under this paragraph, 
sweetpotato from Hawaii must be inspected in Hawaii and found free of 
the gray pineapple mealybug (Dysmicoccus neobrevipes) and the Kona 
coffee-root knot nematode (Meloidogyne konaensis) by an inspector before 
undergoing irradiation treatment in Hawaii.
    (ii) To be eligible for a limited permit under this section, 
untreated sweetpotato from Hawaii must be inspected in Hawaii and found 
free of the gray pineapple mealybug (Dysmicoccus neobrevipes) and the 
Kona coffee-root knot nematode (Meloidogyne konaensis) by an inspector.

(Approved by the Office of Management and Budget under control number 
0579-0281)

[75 FR 4250, Jan. 26, 2010]



Sec. 318.13-26  Breadfruit, jackfruit, fresh pods of cowpea, dragon fruit, 

mangosteen, and moringa pods from Hawaii.

    (a) Breadfruit and jackfruit. (1) To be eligible for interstate 
movement, breadfruit and jackfruit from Hawaii must be treated with 
irradiation in accordance with part 305 of this chapter.
    (2) To be certified for interstate movement, breadfruit and 
jackfruit from Hawaii must be inspected in Hawaii and found free of 
spiraling whitefly (Aleurodicus dispersus), inornate scale (Aonidiella 
inornata), red wax scale (Ceroplastes rubens), green scale (Coccus 
viridis), gray pineapple mealybug (Dysmicoccus neobrevipes), pink 
hibiscus mealybug (Maconellicoccus hirsutus), spherical

[[Page 197]]

mealybug (Nipaecoccus viridis), citrus mealybug (Pseudococcus cryptus), 
melon thrips (Thrips palmi), and signs of thrip damage before undergoing 
irradiation treatment in Hawaii at a dose approved to neutralize fruit 
flies. Fruit treated for fruit flies also must either receive a post-
harvest dip in accordance with part 305 of this chapter to treat 
external feeders or originate from an orchard or growing area that was 
previously treated with a broad-spectrum insecticide during the growing 
season and a pre-harvest inspection of the orchard or growing area found 
the fruit free of any surface pests as prescribed in a compliance 
agreement. Post-treatment inspection in Hawaii is not required if the 
fruit undergoes irradiation treatment at a dose approved to neutralize 
all plant pests of the class Insecta, except pupae and adults of the 
order Lepidoptera. Regardless of irradiation dose, the fruit must be 
free of stems and leaves and must originate from an orchard that was 
previously treated with a fungicide appropriate for the fungus 
Phytophthora tropicalis during the growing season and the fruit must be 
inspected prior to harvest and found free of the fungus or, after 
irradiation treatment, must receive a post-harvest fungicidal dip 
appropriate for Phytophthora tropicalis.
    (3) To be eligible for a limited permit, breadfruit and jackfruit 
from Hawaii must be free of stems and leaves and must originate from an 
orchard that was previously treated with a fungicide appropriate for the 
fungus Phytophthora tropicalis during the growing season and the fruit 
must be inspected prior to harvest and found free of the fungus or, 
after irradiation treatment, must receive a post-harvest fungicidal dip 
appropriate for Phytophthora tropicalis.
    (b) Fresh pods of cowpea. (1) To be eligible for interstate 
movement, fresh pods of cowpea and its relatives from Hawaii must be 
treated with irradiation in accordance with part 305 of this chapter.
    (2) To be certified for interstate movement, fresh pods of cowpea 
and its relatives from Hawaii must be inspected in Hawaii and found free 
of the cassava red mite (Oligonychus biharensis) and adults and pupae of 
the order Lepidoptera before undergoing irradiation treatment. The pods 
must be free of stems and leaves.
    (3) To be eligible for a limited permit, fresh pods of cowpea and 
its relatives from Hawaii must be free of stems and leaves and must be 
inspected in Hawaii and found free of the cassava red mite (Oligonychus 
biharensis) and adults and pupae of the order Lepidoptera.
    (c) Dragon fruit. To be certified for interstate movement, dragon 
fruit from Hawaii presented for inspection must have the sepals removed 
and must be inspected in Hawaii and found free of gray pineapple 
mealybug (Dysmicoccus neobrevipes), pink hibiscus mealybug 
(Maconellicoccus hirsutus), and citrus mealybug (Pseudococcus cryptus) 
before undergoing irradiation treatment in Hawaii at a dose approved to 
neutralize fruit flies. Fruit treated for fruit flies also must either 
receive a post-harvest dip in accordance with part 305 of this chapter 
to treat external feeders or originate from an orchard or growing area 
that was previously treated with a broad-spectrum insecticide during the 
growing season and a pre-harvest inspection of the orchard or growing 
area found the fruit free of any surface pests as prescribed in a 
compliance agreement. Post-treatment inspection in Hawaii is not 
required if the fruit undergoes irradiation treatment at a dose approved 
to neutralize all plant pests of the class Insecta, except pupae and 
adults of the order Lepidoptera. Regardless of irradiation dose, the 
fruit must be free of stems and leaves.
    (d) Mangosteen. To be certified for interstate movement, mangosteen 
from Hawaii must have the sepals removed and must be inspected in Hawaii 
and found free of gray pineapple mealybug (Dysmicoccus neobrevipes), 
pink hibiscus mealybug (Maconellicoccus hirsutus), citrus mealybug 
(Pseudococcus cryptus), and Thrips florum before undergoing irradiation 
treatment in Hawaii at a dose approved to neutralize fruit flies. Fruit 
treated for fruit flies also must either receive a post-harvest dip in 
accordance with part 305 of this chapter to treat external feeders or 
originate from an orchard or growing area that was

[[Page 198]]

previously treated with a broad-spectrum insecticide during the growing 
season and a pre-harvest inspection of the orchard or growing area found 
the fruit free of any surface pests as prescribed in a compliance 
agreement. Post-treatment inspection in Hawaii is not required if the 
fruit undergoes irradiation treatment at a dose approved to neutralize 
all plant pests of the class Insecta, except pupae and adults of the 
order Lepidoptera. Regardless of irradiation dose, the fruit must be 
free of stems and leaves.
    (e) Melon. To be certified for interstate movement, melon from 
Hawaii must be inspected in Hawaii and found free of spiraling whitefly 
(Aleurodicus dispersus) before undergoing irradiation treatment in 
Hawaii at a dose approved to neutralize fruit flies. Fruit treated for 
fruit flies also must either receive a post-harvest dip in accordance 
with part 305 of this chapter to treat external feeders or originate 
from an orchard or growing area that was previously treated with a 
broad-spectrum insecticide during the growing season and a pre-harvest 
inspection of the orchard or growing area found the fruit free of any 
surface pests as prescribed in a compliance agreement. Post-treatment 
inspection in Hawaii is not required if the fruit undergoes irradiation 
treatment at a dose approved to neutralize all plant pests of the class 
Insecta, except pupae and adults of the order Lepidoptera. Regardless of 
irradiation dose, melons must be washed to remove dirt and must be free 
of stems and leaves.
    (f) Moringa pods. To be certified for interstate movement, moringa 
pods from Hawaii must be inspected in Hawaii and found free of spiraling 
whitefly (Aleurodicus dispersus), inornate scale (Aonidiella inornata), 
green scale (Coccus viridis), and citrus mealybug (Pseudococcus cryptus) 
before undergoing irradiation treatment in Hawaii at a dose approved to 
neutralize fruit flies. Fruit treated for fruit flies also must either 
receive a post-harvest dip in accordance with part 305 of this chapter 
to treat external feeders or originate from an orchard or growing area 
that was previously treated with a broad-spectrum insecticide during the 
growing season and a pre-harvest inspection of the orchard or growing 
area found the fruit free of any surface pests as prescribed in a 
compliance agreement. Post-treatment inspection in Hawaii is not 
required if the fruit undergoes irradiation treatment at a dose approved 
to neutralize all plant pests of the class Insecta, except pupae and 
adults of the order Lepidoptera.

[75 FR 4250, Jan. 26, 2010]



     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 the authority of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, 
Puerto Rico, and the Virgin Islands of the United States are quarantined 
to prevent the spread of the aforementioned 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 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

[[Page 199]]

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.

[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]



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 Sec. Sec. 
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 movement of lint, linters, waste other than seedy waste, cottonseed 
cake and

[[Page 200]]

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 in accordance 
with part 305 of this chapter 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.

[24 FR 10777, Dec. 29, 1959, as amended at 75 FR 4251, Jan. 26, 2010]



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 201]]

Division, Agricultural Research Service.



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 of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, 
Puerto Rico, and the Virgin Islands of the United States are quarantined 
to prevent the spread of the aforementioned 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 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.''

[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]



PART 319_FOREIGN QUARANTINE NOTICES--Table of Contents



                           Subpart_Preemption

319.1 Preemption of State and local laws.

                Subpart_Requests To Amend The Regulations

319.5 Requirements for submitting requests to change the regulations in 
          7 CFR part 319.

                    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.

[[Page 202]]

                          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.

    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; 
          treatments applied outside the United States.
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.

[[Page 203]]

       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.

                          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.
319.41-6 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

319.56-1 Notice of quarantine.
319.56-2 Definitions.
319.56-3 General requirements for all imported fruits and vegetables.
319.56-4 Approval of certain fruits and vegetables for importation.
319.56-5 Pest-free areas.
319.56-6 Trust fund agreements.
319.56-7 Territorial applicability and exceptions.
319.56-8--319.56-9 [Reserved]
319.56-10 Importation of fruits and vegetables from Canada.
319.56-11 Importation of dried, cured, or processed fruits, vegetables, 
          nuts, and legumes.
319.56-12 Importation of frozen fruits and vegetables.
319.56-13 Additional requirements for certain fruits and vegetables.
319.56-14--319.56-19 [Reserved]
319.56-20 Apples and pears from Australia (including Tasmania) and New 
          Zealand.
319.56-21 Okra from certain countries.
319.56-22 Apples and pears from certain countries in Europe.
319.56-23 Apricots, nectarines, peaches, plumcot, and plums from Chile.
319.56-24 Lettuce and peppers from Israel.
319.56-25 Papayas from Central America and South America.
319.56-26 Melon and watermelon from certain countries in South America.
319.56-27 Apples from Japan and the Republic of Korea.
319.56-28 Tomatoes from certain countries.
319.56-29 Ya variety pears from China.
319.56-30 Hass avocados from Michoacan, Mexico.
319.56-31 Peppers from Spain.
319.56-32 Peppers from New Zealand.
319.56-33 Mangoes from the Philippines.
319.56-34 Clementines from Spain.
319.56-35 Persimmons from the Republic of Korea.
319.56-36 Watermelon, squash, cucumber, and oriental melon from the 
          Republic of Korea.
319.56-37 Grapes from the Republic of Korea.
319.56-38 Citrus from Chile.
319.56-39 Fragrant pears from China.
319.56-40 Peppers from certain Central American countries.
319.56-41 Citrus from Peru.
319.56-42 Peppers from the Republic of Korea.
319.56-43 Baby corn and baby carrots from Zambia.
319.56-44 Untreated grapefruit, sweet oranges, and tangerines from 
          Mexico for processing.
319.56-45 Shelled garden peas from Kenya.
319.56-46 Mangoes from India.
319.56-47 Certain fruits from Thailand.
319.56-48 Conditions governing the entry of baby squash and baby 
          courgettes from Zambia.
319.56-49 Eggplant from Israel.
319.56-50 Hass avocados from Peru.

                         Subpart_Wheat Diseases

319.59 Prohibitions on importation; disposal of articles refused 
          importation.
319.59-1 Definitions.
319.59-2 General import prohibitions; exceptions.
319.59-3 Articles prohibited importation pending risk evaluation.
319.59-4 Karnal bunt.

                        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.

[[Page 204]]

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_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. 450 and 7701-7772 and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Source: 24 FR 10788, Dec. 29, 1959, unless otherwise noted.



                           Subpart_Preemption

    Source:  75 FR 17292, Apr. 6, 2010, unless otherwise noted.



Sec. 319.1  Preemption of State and local laws.

    (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not regulate in foreign 
commerce any plant or plant product in order to control, eradicate, or 
prevent the introduction or dissemination of a biological control 
organism, plant pest, or noxious weed within the United States.
    (b) Therefore, in accordance with section 436 of the Plant 
Protection Act, the regulations in this part preempt all State and local 
laws that are inconsistent with or exceed the regulations in this part.



                Subpart_Requests To Amend The Regulations



Sec. 319.5  Requirements for submitting requests to change the regulations in 

7 CFR part 319.

    (a) Definitions.
    Commodity. A plant, plant product, or other agricultural product 
being moved for trade or other purpose.
    (b) Procedures for submitting requests and supporting information. 
Persons who request changes to the import regulations contained in this 
part and who wish to import plants, plant parts, or plant products that 
are not allowed importation under the conditions of this part must file 
a request with the Animal and Plant Health Inspection Service (APHIS) in 
order for APHIS to consider whether the new commodity can be safely 
imported into the United States. The initial request can be formal 
(e.g., a letter) or informal (e.g., made during a bilateral discussion 
between the United States and another country), and can be made by any 
person. Upon APHIS confirmation that granting a person's request would 
require amendments to the regulations in this part, the national plant 
protection organization of the country from which the commodity would be 
exported must provide APHIS with the information listed in paragraph (d) 
of this section before APHIS can proceed with its consideration of the 
request; requests that are not supported with this information in a 
timely manner will be considered incomplete and APHIS may not take 
further action on such requests until all required information is 
submitted.
    (c) Addresses. The national plant protection organization of the 
country

[[Page 205]]

from which commodities would be exported must submit the information 
listed in paragraph (d) of this section to: Commodity Import Analysis 
and Operations, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737.
    (d) Information. The following information must be provided to APHIS 
in order for APHIS to consider a request to change the regulations in 
part 319:
    (1) Information about the party submitting the request. The address, 
telephone and fax numbers, and e-mail addresses of the national plant 
protection organization of the country from which commodities would be 
exported; or, for requests that address a multi-country region, the 
address, telephone and fax numbers, and e-mail addresses of the 
exporting countries' national and regional plant protection plant 
protection organizations.
    (2) Information about the commodity proposed for importation into 
the United States. (i) A description and/or map of the specific 
location(s) of the areas in the exporting country where the plants, 
plant parts, or plant products are produced;
    (ii) The scientific name (including genus, species, and author 
names), synonyms, and taxonomic classification of the commodity;
    (iii) Identification of the particular plant or plant part (i.e., 
fruit, leaf, root, entire plant, etc.) and any associated plant part 
proposed for importation into the United States;
    (iv) The proposed end use of the imported commodity (e.g., 
propagation, consumption, milling, decorative, processing, etc.); and
    (v) The months of the year when the commodity would be produced, 
harvested, and exported.
    (3) Shipping information: (i) Detailed information as to the 
projected quantity and weight/Volume of the proposed importation, broken 
down according to varieties, where applicable, and;
    (ii) Method of shipping in international commerce and under what 
conditions, including type of conveyance, and type, size, and capacity 
of packing boxes and/or shipping containers.
    (4) Description of pests and diseases associated with the commodity 
\1\ (i) Scientific name (including genus, species, and author names) and 
taxonomic classification of arthropods, fungi, bacteria, nematodes, 
virus, viroids, mollusks, phytoplasmas, spiroplasmas, etc., attacking 
the crop;
---------------------------------------------------------------------------

    \1\ When a change is being sought to the conditions governing the 
importation of a commodity that is already authorized for importation 
into the United States, an update to or confirmation of previously 
submitted pest and disease information, rather than a new, complete 
submission of that information, may be appropriate. Persons seeking such 
a change may contact APHIS for a determination as to whether an update 
will be appropriate in a particular case.
---------------------------------------------------------------------------

    (ii) Plant part attacked by each pest, pest life stages associated 
with each plant part attacked, and location of pest (in, on, or with 
commodity); and
    (iii) References.
    (5) Current strategies for risk mitigation or management. (i) 
Overview of agronomic or horticultural management practices used in 
production of the commodity, including methods of pest risk mitigation 
or control programs; and
    (ii) Identification of parties responsible for pest management and 
control.
    (e) Additional information. None of the additional information 
listed in this paragraph need be provided at the same time as 
information required under paragraphs (a) through (d) of this section; 
it is required only upon request by APHIS. If APHIS determines that 
additional information is required in order to complete a pest risk 
analysis in accordance with international standards for pest risk 
analysis, we will notify the party submitting the request in writing 
what specific additional information is required. If this information is 
not provided, and is not available to APHIS from other sources, a 
request may be considered incomplete and APHIS may be unable to take 
further action on the request until the necessary additional information 
is submitted. The additional information may include one or more of the 
following types of information:
    (1) Contact information: Address, phone and fax numbers, and/or e-
mail

[[Page 206]]

address for local experts (e.g., academicians, researchers, extension 
agents) most familiar with crop production, entomology, plant pathology, 
and other relevant characteristics of the commodity proposed for 
importation.
    (2) Additional information about the commodity: (i) Common name(s) 
in English and the language(s) of the exporting country;
    (ii) Cultivar, variety, or group description of the commodity;
    (iii) Stage of maturity at which the crop is harvested and the 
method of harvest;
    (iv) Indication of whether the crop is grown from certified seed or 
nursery stock, if applicable;
    (v) If grown from certified seed or stock, indication of the origin 
of the stock or seed (country, State); and
    (vi) Color photographs of plant, plant part, or plant product 
itself.
    (3) Information about the area where the commodity is grown: (i) 
Unique characteristics of the production area in terms of pests or 
diseases;
    (ii) Maps of the production regions, pest-free areas, etc.;
    (iii) Length of time the commodity has been grown in the production 
area;
    (iv) Status of growth of production area (i.e., acreage expanding or 
stable); and
    (v) Physical and climatological description of the growing area.
    (4) Information about post-harvest transit and processing: (i) 
Complete description of the post-harvest processing methods used; and
    (ii) Description of the movement of the commodity from the field to 
processing to exporting port (e.g., method of conveyance, shipping 
containers, transit routes, especially through different pest risk 
areas).
    (5) Shipping methods: (i) Photographs of the boxes and containers 
used to transport the commodity; and
    (ii) Identification of port(s) of export and import and expected 
months (seasons) of shipment, including intermediate ports-of-call and 
time at intermediate ports-of-call, if applicable.
    (6) Additional description of all pests and diseases associated with 
the commodity to be imported: (i) Common name(s) of the pest in English 
and local language(s);
    (ii) Geographic distribution of the pest in the country, if it is a 
quarantine pest and it follows the pathway;
    (iii) Period of attack (e.g., attacks young fruit beginning 
immediately after blooming) and records of pest incidence (e.g., 
percentage of infested plants or infested fruit) over time (e.g., during 
the different phenological stages of the crops and/or times of the 
year);
    (iv) Economic losses associated with pests of concern in the 
country;
    (v) Pest biology or disease etiology or epidemiology; and
    (vi) Photocopies of literature cited in support of the information 
above.
    (7) Current strategies for risk mitigation or management: (i) 
Description of pre-harvest pest management practices (including target 
pests, treatments [e.g., pesticides], or other control methods) as well 
as evidence of efficacy of pest management treatments and other control 
methods;
    (ii) Efficacy of post-harvest processing treatments in pest control;
    (iii) Culling percentage and efficacy of culling in removing pests 
from the commodity; and
    (iv) Description of quality assurance activities, efficacy, and 
efficiency of monitoring implementation.
    (8) Existing documentation: Relevant pest risk analyses, 
environmental assessment(s), biological assessment(s), and economic 
information and analyses.
    (f) Availability of additional guidance. Information related to the 
processing of requests to change the import regulations contained in 
this part may be found on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pra/.

(Approved by the Office of Management and Budget under control number 
0579-0261)

[71 FR 30567, May 30, 2006]



                    Subpart_Foreign Cotton and Covers

                               Quarantine



Sec. 319.8  Notice of quarantine.

    (a) Pursuant to sections 411-414 and 434 of the Plant Protection Act 
(7 U.S.C. 7711-7714 and 7754), and after the public hearing required 
thereunder, the

[[Page 207]]

Administrator of the Animal and Plant Health Inspection Service hereby 
determines that the unrestricted importation into the United States from 
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 sections 411-414 and 434 of the Plant 
Protection Act (7 U.S.C. 7711-7714 and 7754). 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 or she 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 or she 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; 66 FR 21054, Apr. 27, 2001; 71 FR 10605, Mar. 
2, 2006]



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:

[[Page 208]]

    Approved. Approved by the Deputy Administrator of the Plant 
Protection and Quarantine Programs.
    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.
    Approved fumigation facilities. Approved vacuum fumigation plant at 
a port where an inspector is available to supervise the fumigation.
    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).
    Authorized. Authorized by the Deputy Administrator of the Plant 
Protection and Quarantine Programs.
    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.
    Compressed to high density. Compressed or pressed and baled or 
packaged to a density of approximately 28 or more pounds per cubic foot.
    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.)
    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 other cottonseed products, except oil; waste; and all 
other unmanufactured parts of cotton plants.
    Cottonseed. Cottonseed from which the lint has been removed.
    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.
    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.
    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.
    Inspector. A properly identified employee of the U.S. Department of 
Agriculture or other person authorized to enforce the provisions of the 
Plant Protection Act.
    Lint. All forms of raw ginned cotton, either baled or unbaled, 
except linters and waste.
    Linters. All forms of cotton fiber separated from cottonseed after 
the lint has been removed, excluding so-called hull fiber.
    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.
    Northwest Mexico. All of the State of Baja California, Mexico, and 
that part of the State of Sonora, Mexico, lying

[[Page 209]]

between San Luis Mesa and the Colorado River.
    Permit. A form of authorization to allow the importation of cotton 
or covers in accordance with the regulations in this subpart.
    Person. Any individual, firm, corporation, company, society, or 
association, or any organized group of any of the foregoing.
    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.
    Plant Protection and Quarantine Programs. The Plant Protection and 
Quarantine Programs, Animal and Plant Health Inspection Service, of the 
United States Department of Agriculture.
    Root crop. The underground crop portions of any plants.
    Samples. Samples of lint, linters, waste, cottonseed cake, and 
cottonseed meal, of the amount and character usually required for trade 
purposes.
    Seed cotton. Cotton as it comes from the field.
    Treatment. Procedures administratively approved by the Deputy 
Administrator of the Plant Protection and Quarantine Programs for 
destroying infestations or infections of insect pests or plant diseases, 
such as fumigation, application of chemicals or dry or moist heat, or 
processing, utilization, or storage.
    Uncompressed. Baled or packaged to a density not exceeding 
approximately 20 pounds per cubic foot.
    United States. Any of the States, the District of Columbia, Guam, 
Puerto Rico, or the Virgin Islands of the United States.
    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.
---------------------------------------------------------------------------

    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.
    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.

[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; 66 FR 21055, Apr. 
27, 2001]

        Conditions of Importation and Entry of Cotton and Covers



Sec. 319.8-2  Permit procedure.

    (a) Except as otherwise provided for in Sec. Sec. 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 Sec. Sec. 319.8-6 through 319.8-20. 
Persons desiring to import cotton or covers under Sec. Sec. 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.

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

[[Page 210]]

    (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 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 Sec. Sec. 
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)

[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 or she 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 or she 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; 70 
FR 33324, June 7, 2005]

[[Page 211]]



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 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)

[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)

[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 the 
inspector from administratively authorized procedures known to be 
effective under the conditions under which the safeguards are applied.

[24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005]



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

[[Page 212]]

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;
    (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

[[Page 213]]

produce cotton, \4\ arriving at a northern 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 Sec. Sec. 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,

[[Page 214]]

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 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 215]]

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 Sec. Sec. 
319.8-6 through 319.8-10 and Sec. Sec. 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 Sec. Sec. 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 216]]

this subpart shall also be subject to Sec. Sec. 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 Sec. Sec. 319.8-2, 319.8-4, 
and 319.8-19.

[[Page 217]]

    (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 must be 
conducted in accordance with part 305 of this chapter.
    (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.

[24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4251, Jan. 26, 2010]



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 or 
her agent shall collect and dispose of such waste in a manner 
satisfactory to the inspector.
    (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 or her agent shall perform such 
cleaning, in a manner satisfactory to the inspector.

[[Page 218]]

    (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 or 
her agent.

[24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005]



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 sections 414 and 421 of the Plant Protection Act (7 
U.S.C. 7714 and 7731). 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.

[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001]



                            Subpart_Sugarcane



Sec. 319.15  Notice of quarantine.

    (a) The importation into the United States of sugarcane and its 
related products, including cuttings, canes, leaves, and bagasse, from 
all foreign countries and localities is prohibited, except for 
importations by the U.S. Department of Agriculture for scientific or 
experimental purposes and importations authorized under a permit issued 
by the Department specifying conditions under which the materials have 
been or are to be subjected to mitigate any pest risk.
    (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.

[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001]



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 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.

[[Page 219]]



             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 Sec. Sec. 
319.40-1 through 319.40-11 may be imported into the United States in 
accordance with Sec. Sec. 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 otherwise provided in this subpart, the importation 
into the United States of raw or unmanufactured corn seed and all other 
portions of Indian corn or maize and related plants, including all 
species of teosinte (Euchlaena), jobs-tears (Coix), Polytoca, 
Chionachne, and Sclerachne, from southeastern Asia (including India, 
Indochina, and the People's Republic of China), Malayan Archipelago, 
Australia, New Zealand, Oceania, Philippine Islands, Manchuria, Japan, 
and adjacent islands is prohibited. However, this prohibition does not 
apply to importations of such items by the U.S. Department of 
Agriculture for scientific or experimental purposes. And further, when 
the public interests will permit, the Deputy Administrator of the Plant 
Protection and Quarantine Programs may, upon request in specific cases, 
authorize such importations into Guam under conditions specified in the 
permit that are less stringent than those contained in this subpart.
    (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

[[Page 220]]

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; 
66 FR 21055, Apr. 27, 2001]



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)

[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 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)

[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)

[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

[[Page 221]]

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 
(Sec. Sec. 319.56 to 319.56-8).



Sec. 319.28  Notice of quarantine.

    (a)(1) To prevent the introduction into the United States of citrus 
canker disease Xanthomonas campestris pv. citri (Hasse) Dye, the 
importation 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, Myanmar, Sri Lanka, Thailand, Indochina, and the People's 
Republic of China); the Malay Archipelago; the Philippine Islands; 
Oceania (except Australia and Tasmania); Japan and adjacent islands; the 
Republic of Korea; Mauritius; Seychelles; Argentina (except for the 
States of Catamarca, Jujuy, Salta, and Tucuman, which are considered 
free of citrus canker); Brazil; and Paraguay is prohibited.
    (2) To prevent the introduction into the United States of sweet 
orange scab (Elsinoe australis Bitanc. and Jenkins), the importation of 
fruits and peel of all species and varieties of the genus Citrus, 
including Citrus aurantifolia (Christm.) Swingle, C. aurantium L., C. 
hystrix DC., C. limon (L.) Burm. f., C. paradisi Macf., C. reticulata 
Blanco, C. sinensis (L.) Osbeck, and Fortunella margarita (Lour.) 
Swingle, from Argentina, Brazil, Paraguay, and Uruguay is prohibited.
    (3) To prevent the introduction into the United States of the 
bacterial disease ``Cancrosis B,'' the importation of fruits and peel of 
all species and varieties of the genus Citrus, including those indicated 
in the previous paragraph, is prohibited from Argentina (except for the 
States of Catamarca, Jujuy, Salta, and Tucuman, which are considered 
free of Cancrosis B), Paraguay, and Uruguay.
    (4) Seeds and processed peel of fruits designated in this section 
are excluded from this prohibition. Such seeds, however, are subject to 
the requirements of Sec. Sec. 319.37 through 319.37-27.
    (b) Unshu oranges from Japan. The prohibition does not apply to 
Unshu oranges (Citrus reticulata Blanco var. unshu, Swingle [Citrus 
unshiu Marcovitch, Tanaka]), also known as Satsuma mandarin, grown in 
Japan and imported under permit into any area of the United States 
except for those areas specified in paragraph (b)(7) of this section: 
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 Japan. 
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 
Japan and the United States. The export areas must be surrounded by 400-
meter-wide buffer zones.

[[Page 222]]

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 Japan and the United States.
    (2) In Unshu orange export areas and buffer zones on Kyushu Island, 
Japan, trapping for the citrus fruit fly (Bactrocera tsuneonis) must be 
conducted as prescribed by the Japanese Government's Ministry of 
Agriculture, Forestry, and Fisheries and the U.S. Department of 
Agriculture. If fruit flies are detected, then shipping will be 
suspended from the export area until negative trapping shows the problem 
has been resolved.
    (3) Inspection of the Unshu oranges shall be performed jointly by 
plant protection officers of Japan and the United States in the groves 
prior to and during harvest, and in the packinghouses during packing 
operations.
    (4) Before packing, such oranges shall be given a surface 
sterilization as prescribed by the U.S. Department of Agriculture.
    (5) To be eligible for importation into Arizona, California, 
Florida, Hawaii, Louisiana, or Texas, each shipment of oranges grown on 
Honshu Island or Shikoku Island, Japan, must be fumigated with methyl 
bromide treated in accordance with part 305 of this chapter after 
harvest and prior to exportation to the United States. Fumigation will 
not be required for shipments of oranges grown on Honshu Island or 
Shikoku Island, Japan, that are to be imported into States other than 
Arizona, California, Florida, Hawaii, Louisiana, or Texas.
    (6) The identity of the fruit shall be maintained in the following 
manner:
    (i) The individual boxes in which the oranges are shipped must be 
stamped or printed with 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 Japan certifying that the fruit is apparently free of citrus 
canker disease.
    (7) The Unshu oranges may be imported into the United States only 
through a port of entry identified in Sec. 319.37-14 that is located in 
an area of the United States into which their importation is authorized. 
The following importation restrictions apply:
    (i) Unshu oranges from Honshu Island or Shikoku Island, Japan, that 
have been fumigated in accordance with part 305 of this chapter may be 
imported into any area of the United States except American Samoa, the 
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
    (ii) Unshu oranges from Honshu Island or Shikoku Island, Japan, and 
from Kyushu Island, Japan (Prefectures of Fukuoka, Kumanmoto, Nagasaki, 
and Saga only), that have not been fumigated in accordance with part 305 
of this chapter may be imported into any area of the United States 
except American Samoa, Arizona, California, Florida, Hawaii, Louisiana, 
the Northern Mariana Islands, Puerto Rico, Texas, and the U.S. Virgin 
Islands.
    (c) Unshu oranges from the Republic of Korea. The prohibition does 
not apply to Unshu oranges (Citrus reticulata Blanco var. unshu, Swingle 
[Citrus unshiu Marcovitch, Tanaka]), also known as Satsuma mandarin, 
grown on Cheju Island, Republic of Korea, and imported under permit into 
any area of the United States except for those specified in paragraph 
(c)(4) of this section, Provided, that each of the following safeguards 
is fully carried out:
    (1) Before packing, such oranges shall be given a surface 
sterilization in accordance with part 305 of this chapter.
    (2) The packinghouse in which the surface sterilization treatment is 
applied and the fruit is packed must be registered with the national 
plant protection organization of the Republic of Korea.

[[Page 223]]

    (3) The Unshu oranges must be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of the 
Republic of Korea, which includes an additional declaration stating that 
the fruit was given a surface sterilization in accordance with 7 CFR 
part 305 and was inspected and found free of Elsinoe australis.
    (4) The Unshu oranges may be imported into any area of the United 
States except American Samoa, Hawaii, the Northern Mariana Islands, 
Puerto Rico, and the U.S. Virgin Islands.
    (d) 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.
    (e) Further, this prohibition shall not apply to importations into 
Guam of the fruits and peel designated in paragraph (a)(1) of this 
section.
    (f) Importations allowed in paragraphs (b), (c), (d), and (e) of 
this section shall be subject to the permit and other requirements under 
the regulations in Subpart-Fruits and Vegetables of this part.
    (g) 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.
    (h) 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.
    (i) 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.
    (j) 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]

    Editorial Note: For Federal Register citations affecting Sec. 
319.28, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



  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; 60 FR 27674, May 25, 1995, unless 
otherwise noted.

[[Page 224]]



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 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:
    Bulb. 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.

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

[[Page 225]]

    (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 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 individual authorized by the Administrator of APHIS 
or the Commissioner of Customs and Border Protection, Department of 
Homeland Security, to enforce the regulations in this part.
    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. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    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. Any plant (including any plant part) for or capable of 
propagation, including a tree, a tissue culture, a plantlet culture, 
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a 
root, and a seed.
    Plant pest. Any living stage of any of the following that can 
directly or indirectly injure, cause damage to, or cause disease in any 
plant or plant product: A protozoan, a nonhuman animal, a parasitic 
plant, a bacterium, a fungus, a virus or viroid, an infectious agent or 
other pathogen, or any article similar to or allied with any of these 
articles.
    Plant Protection and Quarantine Programs. The organizational unit 
with the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Quarantine Act and related legislation, quarantines, and 
regulations.
    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.

[[Page 226]]

    Preclearance. Phytosanitary inspection and/or clearance in the 
country in which the articles were grown, performed by or under the 
regular supervision of APHIS.
    Production site. A defined portion of a place of production utilized 
for the production of a commodity that is managed separately for 
phytosanitary purposes. This may include the entire place of production 
or portions of it. Examples of portions of places of production are a 
defined orchard, grove, field, greenhouse, screenhouse, or premises.
    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 Sec. Sec. 319.40-1 through 319.40-11, 
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles.''
    Regulated plant. Any gymnosperm, angiosperm, fern, or fern ally. 
Gymnosperms include cycads, conifers, and gingko. Angiosperms include 
any flowering plant. Fern allies include club mosses, horsetails, whisk 
ferns, spike mosses, and quillworts.
    Restricted article. Any regulated 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, and 
excluding any articles regulated in Sec. Sec. 319.8 through 319.24 or 
319.41 through 319.74-4 and any articles regulated in part 360 of this 
chapter.
    Secretary. The Secretary of Agriculture, or any other officer or 
employee of the Department of Agriculture to whom authority to act in 
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. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, or any other territory or possession of the United States.
    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. All of the 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; 66 FR 21055, Apr. 27, 2001; 69 FR 21946, Apr. 23, 
2004; 69 FR 61586, Oct. 20, 2004; 72 FR 43517, Aug. 6, 2007]



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 paragraph (c) of this section.

[[Page 227]]



----------------------------------------------------------------------------------------------------------------
  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.
                                  Cote d'Ivoire, 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.
Aeglopsis spp. seed not meeting   All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
Aesculus spp. (horsechestnut)...  Czech Republic, Germany,          Horsechestnut variegation or yellow mosaic
                                   Romania, Slovakia, 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.
                                  Burkina Faso, Cote d'Ivoire,      Peanut clump virus. Indian peanut clump
                                   Senegal India.                    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).
Atalantia spp. seed not meeting   All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..

[[Page 228]]

 
Balsamocitrus spp. seed not       All.............................  Candidatus Liberibacter spp. (Huanglongbing
 meeting the conditions for                                          disease of citrus, Citrus greening).
 importation in Sec.  319.37-
 5(w) or (x)..
Bambuseae (seeds, plants, and     All.............................  Various plant diseases, Including bamboo
 cuttings).                                                          smut (Ustilago shiraiana)
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).
Bergera spp. seed not meeting     All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
Blighia sapida (akee)...........  Cote d'Ivoire, Nigeria..........  Okra mosaic virus.
Borassus spp. (palmyra palm)....  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Brugmansia spp..................  Colombia........................  Datura Columbia virus.
Calodendrum spp. seed not         All.............................  Candidatus Liberibacter spp. (Huanglongbing
 meeting the conditions for                                          disease of citrus, Citrus greening).
 importation in Sec.  319.37-
 5(w) or (x)..
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.

[[Page 229]]

 
Chrysanthemum, spp.               Andorra, Argentina, Australia,    Puccinia horiana P. Henn. (white rust of
 (chrysanthemum, includes          Belarus, Bosnia and               chrysanthemum).
 Dendranthema spp.).               Herzegovina, Brazil, Brunei,
                                   Canary Islands, Chile, China,
                                   Colombia, Croatia, Ecuador,
                                   Iceland, Japan, Korea,
                                   Liechtenstein, Macedonia,
                                   Malaysia, Mexico, Moldova,
                                   Monaco, New Zealand, Norway,
                                   Peru, Republic of South Africa,
                                   Russia, San Marino,
                                   Switzerland, Taiwan, Thailand,
                                   Tunisia, Ukraine, Uruguay,
                                   Venezuela, Yugoslavia; the
                                   European Union (Austria,
                                   Belgium, Bulgaria, Cyprus,
                                   Czech Republic, Denmark,
                                   Estonia, Finland, France,
                                   Germany, Greece, Hungary,
                                   Ireland, Italy, Latvia,
                                   Lithuania, Luxembourg, Malta,
                                   Netherlands, Poland, Portugal,
                                   Romania, Slovakia, Slovenia,
                                   Spain, Sweden, and United
                                   Kingdom); and all countries,
                                   territories, and possessions of
                                   countries located in part or
                                   entirely between 90[deg] and
                                   180[deg] East longitude.
Citrofortunella spp. seed not     All.............................  Candidatus Liberibacter spp. (Huanglongbing
 meeting the conditions for                                          disease of citrus, Citrus greening).
 importation in Sec.  319.37-
 5(w) or (x)..
xCitroncirus spp. seed not        All.............................  Candidatus Liberibacter spp. (Huanglongbing
 meeting the conditions for                                          disease of citrus, Citrus greening).
 importation in Sec.  319.37-
 5(w) or (x)..
Citrus spp. seed not meeting the  All.............................  Candidatus Liberibacter spp. (Huanglongbing
 conditions for importation in                                       disease of citrus, Citrus greening); citrus
 Sec.  319.37-5(w)..                                                variegated chlorosis.
Clausena spp. seed not meeting    All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
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.          cadang-cadang disease.
 may be imported into the United   319.37-5(g).
 States in accordance with Sec.
  319.56-11).
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).
                                  Argentina, Uruguay..............  U. gladioli P. Henn. (rust).
Crocosmia spp. (montebretia),     Africa, Brazil, France, Italy,    U. transversalis (Thuem.) Wint. (rust).
 except bulbs in commercial        Malta, Mauritius, Portugal.
 shipments.
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......................  India...........................  Datura distortion or enation mosaic virus.
Datura spp. (woody species).....  (See Brugmansia spp.)...........
Dendranthema spp.                 See Chrysanthemum spp...........  See Chrysanthemum spp.
 (chrysanthemum).

[[Page 230]]

 
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.
Fortunella spp. seed not meeting  All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
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).............  All except for any county or      Agrilus planipennis (emerald ash borer).
                                   municipal regional county in
                                   Canada not regulated because of
                                   the emerald ash borer.
                                  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).
                                  Argentina, Uruguay..............  U. gladioli P. Henn. (rust).
Gladiolus spp. (gladiolus),       Africa, Brazil, France, Italy,    U. transversalis (Thuem.) Wint. (rust).
 except bulbs in commercial        Malta, Mauritius, Portugal.
 shipments.
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.
Hydrangea 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, Germany, Great Britain.  Jasmine variegation diseases.

[[Page 231]]

 
                                  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).
Leucanthemella serotina.........  Andorra, Argentina, Australia,    Puccinia horiana P. Henn. (white rust of
                                   Belarus, Bosnia and               chrysanthemum).
                                   Herzegovina, Brazil, Brunei,
                                   Canary Islands, Chile, China,
                                   Colombia, Croatia, Ecuador,
                                   Iceland, Japan, Korea,
                                   Liechtenstein, Macedonia,
                                   Malaysia, Mexico, Moldova,
                                   Monaco, New Zealand, Norway,
                                   Peru, Republic of South Africa,
                                   Russia, San Marino,
                                   Switzerland, Taiwan, Thailand,
                                   Tunisia, Ukraine, Uruguay,
                                   Venezuela, Yugoslavia; the
                                   European Union (Austria,
                                   Belgium, Bulgaria, Cyprus,
                                   Czech Republic, Denmark,
                                   Estonia, Finland, France,
                                   Germany, Greece, Hungary,
                                   Ireland, Italy, Latvia,
                                   Lithuania, Luxembourg, Malta,
                                   Netherlands, Poland, Portugal,
                                   Romania, Slovakia, Slovenia,
                                   Spain, Sweden, and United
                                   Kingdom); and all countries,
                                   territories, and possessions of
                                   countries located in part or
                                   entirely between 90[deg] and
                                   180[deg] East longitude.
Ligustrum spp. (privet).........  Europe..........................  Ligustrum mosaic diseases.
Limonia spp. seed not meeting     All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
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).

[[Page 232]]

 
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.
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       All except Guimaras Island        Sternochetus mangiferae F. (mango seed
 only. (Prohibition not            (Republic of the Philippines)     weevil).
 applicable to seeds imported      and North and South America
 into Guam, Hawaii, and the        (excluding Barbados, the
 Northern Mariana Islands).        British Virgin Islands,
                                   Dominica, French Guiana,
                                   Grenada, Guadeloupe,
                                   Martinique, St. Lucia, St.
                                   Vincent and the Grenadines, and
                                   Trinidad and Tobago).
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.
Microcitrus spp. seed not         All.............................  Candidatus Liberibacter spp. (Huanglongbing
 meeting the conditions for                                          disease of citrus, Citrus greening).
 importation in Sec.  319.37-
 5(w) or (x)..
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.

[[Page 233]]

 
Murraya spp. seed not meeting     All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
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.
Nipponanthemum nipponicum.......  Andorra, Argentina, Australia,    Puccinia horiana P. Henn. (white rust of
                                   Belarus, Bosnia and               chrysanthemum).
                                   Herzegovina, Brazil, Brunei,
                                   Canary Islands, Chile, China,
                                   Colombia, Croatia, Ecuador,
                                   Iceland, Japan, Korea,
                                   Liechtenstein, Macedonia,
                                   Malaysia, Mexico, Moldova,
                                   Monaco, New Zealand, Norway,
                                   Peru, Republic of South Africa,
                                   Russia, San Marino,
                                   Switzerland, Taiwan, Thailand,
                                   Tunisia, Ukraine, Uruguay,
                                   Venezuela, Yugoslavia; the
                                   European Union (Austria,
                                   Belgium, Bulgaria, Cyprus,
                                   Czech Republic, Denmark,
                                   Estonia, Finland, France,
                                   Germany, Greece, Hungary,
                                   Ireland, Italy, Latvia,
                                   Lithuania, Luxembourg, Malta,
                                   Netherlands, Poland, Portugal,
                                   Romania, Slovakia, Slovenia,
                                   Spain, Sweden, and United
                                   Kingdom); and all countries,
                                   territories, and possessions of
                                   countries located in part or
                                   entirely between 90[deg] and
                                   180[deg] East longitude.
Pelargonium spp. not meeting the  All.............................  Potato brown rot (Ralstonia solanacearum
 conditions for importation in                                       race 3 biovar 2).
 Sec.  319.37-5(r).
Pelargonium spp. plants not       Canary Islands (Spain)..........  Helicoverpa armigera, Chrysodeixis
 meeting the conditions for                                          chalcites, and Syngrapha circumflexa (syn.
 importation in Sec.  319.37-                                       Cornutiplusia circumflexa).
 5(u).
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.
Plants (except bulbs, dormant     Israel..........................  Spodoptera littoralis and other quarantine
 herbaceous perennials, and                                          pests.
 seeds) not meeting the
 conditions for importation in
 Sec.  319.37-5(v).

[[Page 234]]

 
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.
Poncirus spp. seed not meeting    All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
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.
Rubus spp. not meeting the        Europe..........................  Rubus stunt agent
 conditions for importation in
 Sec.  319.37-5(f).
Salix spp. (willow).............  Belgium, Germany, Great Britain,  Erwinia salicis (Day) Chester (Watermark
                                   Japan, and the Netherlands.       disease).
Seeds of all kinds when in pulp.  All except Canada...............  Fruit flies, or other injurious insects.

[[Page 235]]

 
Severinia spp. seed not meeting   All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
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)).
Solanum spp. not meeting the      All.............................  Potato brown rot (Ralstonia solanacearum
 conditions for importation in                                       race 3 biovar 2).
 Sec.  319.37-5(r).
Sorbus spp. (mountain ash)......  Czech Republic, Denmark,          Mountain ash variegation or ringspot mosaic
                                   Germany, Slovakia.                disease.
Swinglea spp. seed not meeting    All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
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).
Toddalia spp. seed not meeting    All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
Trachycarpus spp. (windmill       All.............................  A diversity of diseases including but not
 palm).                                                              limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Triphasia spp. seed not meeting   All.............................  Candidatus Liberibacter spp. (Huanglongbing
 the conditions for importation                                      disease of citrus, Citrus greening).
 in Sec.  319.37-5(w) or (x)..
Ulmus spp. (elm) (including       Europe..........................  Elm mottle virus.
 seeds).
Vaccinium spp. plants not         Canada..........................  Blueberry scorch carlavirus (strains BC-1
 meeting the conditions for                                          and BC-2).
 importation in Sec.  319.37-
 5(t).
Veitchia spp....................  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Vepris spp. seed not meeting the  All.............................  Candidatus Liberibacter spp. (Huanglongbing
 conditions for importation in                                       disease of citrus, Citrus greening).
 Sec.  319.37-5(w) or (x)..

[[Page 236]]

 
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).
                                  Argentina, Uruguay..............  U. gladioli P. Henn. (rust).
Watsonia spp. (bugle lily),       Africa, Brazil, France, Italy,    U. transversalis (Thuem.) Wint. (rust).
 except bulbs in commercial        Malta, Mauritius, Portugal.
 shipments.
Zizania spp. (wild rice) seed     All except Canada...............  Xanthomonas campestris pv. oryzae (Ishiyama)
 only (all other Zizania                                             Dye.
 articles are included under
 Poaceae).
----------------------------------------------------------------------------------------------------------------


[[Page 237]]

    (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 paragraph 
(c) of this section:
    (1) Rhododendron spp. (rhododendron and azalea) or other genera or 
species of similar slow growth habit, other than artificially dwarfed 
plants meeting the conditions in Sec. 319.37-5(q):
    (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 meeting the conditions in Sec. 319.37-5(q), 
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 plant meeting the conditions in Sec. 319.37-5(q), 
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 National Plant Germplasm Inspection Station, 
Building 580, Beltsville Agricultural Research Center East, Beltsville, 
MD 20705 or through any Federal plant inspection station listed in Sec. 
319.37-14;
    (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]

    Editorial Note: For Federal Register citations affecting Sec. 
319.37-2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 238]]



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 (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 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.