[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Rules and Regulations]
[Pages 39482-39528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13708]



[[Page 39481]]

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Part II





Department of Agriculture





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Animal and Plant Health Inspection Service



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7 CFR Parts 305, 319 and 352



Revision of Fruits and Vegetables Import Regulations; Final Rule

Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / 
Rules and Regulations

[[Page 39482]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305, 319, and 352

[Docket No. APHIS-2005-0106]
RIN 0579-AB80


Revision of Fruits and Vegetables Import Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are revising and reorganizing the regulations pertaining to 
the importation of fruits and vegetables to consolidate requirements of 
general applicability and eliminate redundant requirements, update 
terms and remove outdated requirements and references, update the 
regulations that apply to importations into territories under U.S. 
administration, and make various editorial and nonsubstantive changes 
to regulations to make them easier to use. We are also making 
substantive changes to the regulations, including: Establishing 
criteria that, if met, will allow us to approve certain new fruits and 
vegetables for importation into the United States and to acknowledge 
pest-free areas in foreign countries more effectively and expeditiously 
and doing away with the practice of listing in the regulations specific 
commodities that may be imported subject to certain types of 
phytosanitary measures. These changes are intended to simplify and 
expedite our processes for approving certain new imports and pest-free 
areas while continuing to allow for full public participation in the 
processes. This rule revises the structure of the fruits and vegetables 
import regulations and establishes a new process for approving certain 
new commodities for importation into the United States. It does not, 
however, allow the importation of any specific new fruits or 
vegetables, nor does it alter the conditions for importing currently 
approved fruits or vegetables except as specifically described in this 
document. To the extent that our trading partners consider the length 
of time it takes to conduct the rulemaking process a trade barrier, 
these changes may facilitate the export of U.S. agricultural 
commodities by reducing that time for fruits and vegetables that meet 
this rule's criteria. The changes do not alter the manner in which the 
risk associated with a commodity import request is evaluated, nor do 
they alter the manner in which those risks are ultimately mitigated.

EFFECTIVE DATE: August 17, 2007.

FOR FURTHER INFORMATION CONTACT: Regarding the commodity import request 
evaluation process, contact Mr. Matthew Rhoads, Program Manager, 
Planning, Analysis, and Regulatory Coordination, PPQ, APHIS, 4700 River 
Road Unit 141, Riverdale, MD 20737; (301) 734-8790.
    Regarding import conditions for particular commodities, contact Ms. 
Donna L. West, Senior Import Specialist, Commodity Import Analysis and 
Operations, PPQ-PRI, APHIS, 4700 River Road Unit 133, Riverdale, MD 
20737; (301) 734-8758.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56 through 319.56-8, referred to below as the regulations or the 
fruits and vegetables regulations) the Animal and Plant Health 
Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA 
or the Department) prohibits or restricts the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent plant pests from being introduced into and spread within the 
United States.
    On April 27, 2006, we published in the Federal Register (71 FR 
25010-25057, Docket No. APHIS-2005-0106) a proposal \1\ to amend the 
regulations by revising and reorganizing the regulations pertaining to 
the importation of fruits and vegetables to consolidate requirements of 
general applicability and eliminate redundant requirements, update 
terms and remove outdated requirements and references, update the 
regulations that apply to importations into territories under U.S. 
administration, and make various editorial and nonsubstantive changes 
to regulations to make them easier to use. We also proposed to make 
substantive changes to the regulations, including: (1) Establishing 
criteria within the regulations that, if met, would allow us to approve 
certain new fruits and vegetables for importation into the United 
States and to acknowledge pest-free areas in foreign countries more 
effectively and expeditiously; (2) doing away with the practice of 
listing specific commodities that may be imported subject to certain 
types of phytosanitary measures; and (3) providing for the issuance of 
special use permits for fruits and vegetables.
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    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0106, then click ``Submit.'' Clicking on the Docket ID link in 
the search results page will produce a list of all documents in the 
docket.
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    We solicited comments on our proposal for 60 days ending on July 
26, 2006. On August 1, 2006, we published a document in the Federal 
Register (71 FR 43385, Docket No. APHIS-2005-0106) reopening the 
comment period for our proposed rule until August 25, 2006. We received 
49 comments by the close of the extended comment period. The comments 
were from representatives of State and foreign governments, industry 
organizations, importers and exporters, distributors, and private 
citizens. The majority of the commenters supported the proposed rule in 
terms of improving transparency and reorganizing the structure of part 
319; however, some commenters also raised questions or concerns about 
our proposal, which are discussed below by topic.

Changes to the Proposed Rule

    We made changes to the proposed rule which we will note in this 
paragraph as an easy reference for the reader. We established a notice-
based approach for pest-free areas, added ``commercial consignments 
only'' as one of the measures eligible for the notice-based approach, 
removed proposed requirements that would have provided for the issuance 
of special use permits, and made several other nonsubstantive editorial 
and technical changes to our proposed rule. The reasons for those 
changes are discussed later in this document.

Pest-Free Areas

    Proposed Sec.  319.56-5 included provisions that would govern our 
recognition of pest-free areas. In those proposed provisions, we stated 
that after determining that an area was free of a specified pest, we 
would publish a notice in the Federal Register announcing that the area 
meets the criteria for pest freedom in Sec.  319.56-5. Several 
commenters raised concerns with this approach because pest-free areas 
would be recognized by APHIS without an opportunity for public comment. 
The commenters asked that we allow for public input before taking such 
an action.
    We agree with the commenters and have amended Sec.  319.56-5(c) in 
this final rule to provide for a 60-day comment period following 
publication of a notice announcing that an exporting country has 
provided us with the documentation required by the regulations to 
support a determination that an area is free of a specified pest and 
that we have

[[Page 39483]]

completed our evaluation of the request. Only after any comments 
received in response to the notice have been carefully considered and 
our initial conclusion affirmed, would we publish a notice recognizing 
the area's freedom from the particular pest. Removal of an area's pest-
free status will continue to be effective immediately.
    One commenter asked if APHIS will develop standards or requirements 
that countries will need to comply with when establishing pest-free 
areas. A second commenter stated that the proposed provisions were not 
strenuous enough in setting out how a pest-free area is identified and 
confirmed and relied too heavily on participants in the source country.
    A country seeking APHIS recognition of a pest-free area must submit 
official documentation that establishes the pest-free status of that 
area in accordance with the criteria found in International Standards 
for Phytosanitary Measures (ISPM) No. 4 ``Requirements for the 
Establishment of Pest Free Areas,'' which is incorporated by reference 
into the regulations. Further, the country must provide us with the 
survey protocol used to determine and maintain pest-free status, as 
well as protocols for remedial actions to be performed upon detection 
of a pest. Assembling the documentation necessary to address the 
criteria of ISPM No. 4 and designing the required survey and response 
protocols is the responsibility of the national plant protection 
organization (NPPO) of the requesting country; we believe this is 
entirely appropriate and is not at all an indication of undue reliance 
on the requesting country. We note in this regard that the regulations 
provide that the submitted protocols require APHIS approval before an 
area would be recognized as pest free and that pest-free areas are 
subject to audit by APHIS to verify their status.
    One commenter asked if we could presume that a pest was absent or 
had always been absent if there are no records of the pest's presence 
in any pest surveillance data.
    If the pest surveillance data referred to by the commenter were 
collected using accepted and reliable methods and covered a reasonable 
time period, it is reasonable to expect that we could consider those 
data as supporting a claim of pest freedom. We would not, however, make 
a determination on the basis of those data alone; as noted in our 
response to the previous comment, there are several factors that must 
be addressed before we will recognize an area as free from a particular 
pest.

APHIS' Mission

    Two commenters expressed the opinion that APHIS' mission has 
shifted from trying to prevent the introduction of foreign pests and 
diseases into the United States to one which enables the implementation 
of trade agreements that could have negative impacts on domestic 
producers. One of those commenters added that responding to foreign 
countries' claims, increasing the supply of foreign commodities, and 
increasing the variety of commodities in the United States are not part 
of APHIS' mission. Three other commenters stated that expediting and 
simplifying rulemaking does not correspond with APHIS' mission to 
safeguard American agriculture. The commenters stated that APHIS was 
not justified in proposing the notice-based approach.
    APHIS' mission is to protect the health and value of American 
agriculture and natural resources, and we remain focused on preventing 
the introduction of pests and diseases into the United States. Without 
the activities that APHIS undertakes to protect America's animal and 
plant resources from agricultural pests and diseases, threats to our 
food supply and to our Nation's economy would be enormous. In recent 
years, the scope of APHIS' protection function has expanded beyond pest 
and disease exclusion and management. Because of its technical 
expertise and leadership in assessing and regulating the risks 
associated with agricultural imports, APHIS has an expanded role in the 
global agricultural arena. Now, the Agency must also respond 
effectively to other countries' animal and plant health import 
requirements and secure the acceptance of science-based standards that 
ensure America's agricultural exports, worth over $50 billion annually, 
are protected from unjustified trade restrictions. Nonetheless, APHIS 
has finite resources, and we must explore and implement proven and 
prudent measures to improve the regulatory process in order to allow us 
to allocate our available resources more effectively and to better 
address new risks as they emerge. We are convinced that simplifying the 
administrative process for dealing with low-risk commodity import 
issues will allow us to improve our effectiveness in protecting the 
plant health of American agriculture.

Eligible Measures for Notice-Based Approach

    In the proposed rule, we noted that pest risk analyses for the 
importation of new commodities often consider only the risks posed by 
commercially produced and shipped fruit, and that noncommercial 
shipments may pose an entirely different pest risk than commercial 
shipments. For that reason, the regulations have provided that many 
fruits and vegetables could only be imported in commercial shipments, 
and the table in paragraph (a) of proposed Sec.  319.56-13, ``Fruits 
and vegetables allowed importation subject to specified conditions,'' 
included a number of articles for which ``commercial shipments only'' 
was the only specified condition. We were open to the idea of including 
``commercial shipments only'' as one of the designated phytosanitary 
measures listed in Sec.  319.56-4 and specifically solicited comment on 
the subject.
    We received two comments on the addition of ``commercial shipments 
only'' as a designated measure, both of which supported the idea. We 
have concluded that this approach has merit and we have added this 
measure as one of the measures eligible for the notice-based approach 
in Sec.  319.56-4. (We note, however, that in the regulatory text of 
this final rule, we refer to ``consignments,'' rather than 
``shipments.'' In our proposed rule, we discussed replacing the term 
``shipment'' with ``consignment,'' but that change was not reflected 
consistently throughout the proposed rule. The terms commercial 
consignment, consignment, and noncommercial consignment are all defined 
in Sec.  319.56-2 in this final rule, as they were in the proposal.)
    In our proposal, we stated that if the notice-based process was 
adopted for use by APHIS, we would remove from the regulations those 
listed commodities that are currently approved for importation subject 
only to one or more of the designated measures. In keeping with that 
intent and to reflect our addition of ``commercial consignments only'' 
to the list of designated measures, we have amended the list in Sec.  
319.56-13(a) in this final rule by removing those articles that had 
been listed in the proposed rule for which ``commercial shipments 
only'' was the only specified condition. Those articles we have removed 
in this final rule, like other articles omitted from the proposed 
regulations by virtue if their being subject only to one or more 
designated measures, will continue to be listed in APHIS' fruits and 
vegetables manual, and the documentation supporting their approval will 
be made available on the Internet.
    One commenter stated that he did not support the notice-based 
system because he believed that the determination as to which commodity 
import requests

[[Page 39484]]

could be addressed using the notice-based system and which must be 
addressed through rulemaking is a subjective one.
    We strongly disagree with this commenter. After we receive a 
request from a foreign government, we will conduct a pest risk 
analysis. If the pest risk analysis finds that the commodity can be 
imported under one or more of the mitigation measures eligible for the 
notice-based approach, then we will follow the notice-based process. If 
we find that additional measures are required, then we will follow the 
rulemaking process.
    One commenter stated that we did not provide enough information as 
to why the conditions we listed in the proposed rule warrant the 
notice-based process.
    We designed this notice-based system to target commodities that 
will require mitigations that are widely accepted by plant health 
experts and have a proven track record of efficacy. As stated 
previously, APHIS is a regulatory agency that has finite resources, and 
we have been exploring ways to improve the regulatory process for 
several years. The notice-based process will simplify the 
administrative process, while having no adverse effects on the 
scientific rigor of our analysis, the transparency of the process, or 
the public's ability to comment and participate in the process.
    Two commenters asked that we clarify that rulemaking will be 
required if the pest risk analysis process determines that a systems 
approach is necessary.
    A systems approach utilizes a series of risk mitigation measures 
intended to individually and cumulatively reduce pest risk. Such 
measures include sampling regimens, pest surveys, packing requirements, 
and other measures determined to be necessary to mitigate the pest risk 
posed by the particular commodity. By this definition, a systems 
approach could be eligible for the notice-based process if the system 
consists only of the designated measures we have determined qualify for 
the notice-based process; e.g., if a commodity requires origin from a 
pest-free area, pre-export inspection and certification, an approved 
post-harvest treatment, and inspection at the port of arrival in the 
United States. However, if additional mitigations such as field pest 
surveys, packinghouse safeguards, etc., were required, the commodity 
would not be eligible for the notice-based process.
    One commenter asked how APHIS will consider approving additional 
measures for the notice-based process in the future.
    Trading partners may petition us requesting specific additional 
measures to be included in the notice-based process and we would 
consider those requests at that time, or we may propose additional 
measures on our own initiative. Any additions to the list of designated 
measures would occur only through rulemaking. If we believe that 
additional measures should be eligible for the notice-based process, we 
would develop a new proposal, publish it in the Federal Register for 
comment, and follow with a final rule explaining our decision.
    One commenter stated that we should consider adding systems 
approaches as one of the measures eligible for the notice-based 
process, especially in cases where similar species of fruits and 
vegetables are involved, or for which there is already an existing 
systems approach in a country. The commenter also asked about including 
places and sites of production that are free from specific pests and 
low pest prevalence areas in the notice-based approach.
    We have chosen to initiate this new process with basic requirements 
and phytosanitary measures that are widely accepted and have a proven 
track record of efficacy, but may consider making the measures 
requested by the commenter part of the notice-based process in the 
future.

Information Provided to Public

    On June 19, 2001, we published a notice in the Federal Register (66 
FR 32923-32928, Docket No. 00-082-1) describing the procedures and 
standards that govern the consideration of import requests by the 
Agency's Plant Protection and Quarantine (PPQ) programs. That notice 
was published in response to a specific direction in sec. 412(d) of the 
Plant Protection Act (7 U.S.C. 7712(d)). One commenter stated that 
APHIS never published a followup to that notice and that the notice did 
not comply with all of the directives in the Plant Protection Act.
    We revisited our June 2001 notice and reviewed the elements we were 
directed to address by sec. 412(d), and we believe, as we did at the 
time it was published, that our notice addressed all the elements 
specified in the Plant Protection Act. While we did not publish a 
document that formally responded to the comments we received on the 
notice, we have taken actions consistent with the recommendations made 
in some of those comments, such as developing and publishing amendments 
to our fruits and vegetables regulations, establishing a peer review 
system, and establishing regulations that govern the submission of 
import requests (see 7 CFR 319.5). We are in the process of developing 
a follow-up notice to our June 2001 notice that will offer an updated 
description of the procedures that govern our consideration of import 
requests. We will publish that notice in a future edition of the 
Federal Register.
    Several commenters requested that APHIS routinely provide more 
information to the public in the form of country-specific operational 
work plans, internal communications within the Agency, and 
communications between APHIS and the petitioning country. One commenter 
specifically requested that we include country-specific work plans in 
our pest risk analyses as to allow for the public to comment on the 
work plans as well.
    The operational work plans referred to by commenters (also known as 
bilateral work plans) are agreements between PPQ, officials of the NPPO 
of the foreign government involved, and, when necessary, foreign 
commercial entities that specify in detail the application of 
phytosanitary measures that will comply with our regulations governing 
the import or export of a specific commodity. An operational work plan 
is not finalized until after the final rule, or in the case of the 
notice-based approach, a final notice, has been published. As a 
longstanding matter of policy, APHIS does not make operational work 
plans available for public comment, but copies can be obtained by 
request. A more detailed description of how bilateral work plans are 
developed and used by APHIS can be found in a notice we published in 
the Federal Register on May 10, 2006 (71 FR 27221-27224). With respect 
to the suggestion that we routinely publish internal APHIS 
communications and bilateral communications between APHIS and foreign 
NPPOs, we strongly believe that it would not be appropriate or 
constructive. We must of course, communicate very clearly to the public 
the basis for our decisions. We will present our pest risk analyses and 
other documents supporting our regulatory decisionmaking in a manner 
that provides the public with a complete picture of what led to our 
decision. Furthermore, we will continue to answer questions and share 
additional background information whenever possible in response to 
specific requests. There will be no substantive alteration of the 
public's opportunity to review and comment on our conclusions.
    One commenter asked how foreign governments could obtain the manual 
that includes the lists of names and production areas of enterable 
fruits and vegetables.

[[Page 39485]]

    The manual, ``Fresh Fruits and Vegetables Import Manual,'' can be 
viewed on the Internet at http://www.aphis.usda.gov/import_export/
plants/manuals/ports/downloads/fv.pdf.
    In our proposed rule, we stated that we were in the early stages of 
converting APHIS' fruits and vegetables manual into a searchable 
database that will allow interested persons to search by commodity or 
by country, and that will list clearly the conditions that apply to 
each particular commodity from a specified country. One commenter asked 
when the import database will be available and how often it will be 
updated.
    Our goal is to have the system operating as soon as possible after 
the publication of this rule. The import database will be updated 
whenever the fruits and vegetables manual is updated. In the meantime, 
a searchable database is currently available at: https://
manuals.cphst.org/q56/Q56Main.cfm.

Operations in Other Countries

    One commenter asked that we provide an outline of what information 
we would require from a foreign country to process an import request.
    As noted previously, we have established regulations in Sec.  319.5 
that govern the submission of import requests. Those regulations 
provide that persons who wish to import plants, plant parts, or plant 
products that are not allowed importation under the conditions in part 
319 (including the fruits and vegetables regulations) must file a 
request with APHIS in order for us to consider whether the new 
commodity can be safely imported into the United States. The completed 
request must address, among other things, questions about the party 
submitting the request, about the commodity proposed for importation 
into the United States, the proposed end use of the imported commodity 
(e.g., propagation, consumption, milling, decorative, processing, 
etc.), shipping information, description of pests and diseases 
associated with the commodity, and current strategies for risk 
mitigation or management in order for us to consider their import 
requests.
    Several commenters questioned the ability of all foreign countries 
to provide all the data necessary for the preparation of pest risk 
analyses. The commenters stated that APHIS should be required to 
provide an assessment of the quality of the data provided or a 
description of the effort that APHIS had to expend to gather the 
necessary data so as to better allow stakeholders to assess the 
relative comprehensiveness of the data.
    It is APHIS' responsibility to ensure we have a sufficient and 
reliable body of data to enable us to prepare an analysis that provides 
an accurate picture of pest risk. In some cases, the NPPO or other 
entity making the request may provide a draft pest risk analysis along 
with their submission; in such cases, that pest risk analysis is 
subject to rigorous review by APHIS to verify the accuracy of the 
information. In other cases, APHIS will prepare a draft pest risk 
analysis using the information described above that is required by the 
regulations in Sec.  319.5. In either case, we will conduct a 
literature search, examine interception records, and perform site 
visits as appropriate. All of this information will be used in 
preparation of the pest risk analysis and will be made available for 
public comment. We expect that stakeholders and other reviewers will 
focus on the content of the pest risk analysis and the 
comprehensiveness and quality of the data used in its preparation, 
rather than on a report as to the level of effort that went into its 
preparation.
    One commenter stated that the pest risk analysis should contain a 
report that the NPPO of the exporting country has the resources, 
experience, staff, capability, and willingness to do the work to 
prevent pests and diseases from entering the United States. The 
commenters asked specifically how APHIS will determine that the NPPO 
has adequate and competent resources available to effectively carry out 
prescribed mitigation measures.
    Our past experiences with an NPPO and the information gained 
through site visits allow us to determine if an exporting country's 
NPPO will have the appropriate staff and resources to carry out the 
actions it would need to comply with particular mitigation 
requirements; if it does not, then we would explore alternative 
mitigation measures or, if none were available, deny the import 
request. It would be an empty gesture if we were to approve the 
importation of a commodity subject to risk mitigation requirements that 
the exporting country was unable to meet effectively, just as it would 
be a failure of risk management from our perspective to assign risk 
mitigation requirements that we did not expect could be met or did not 
conclude would be met.
    One commenter stated that APHIS assumes that NPPOs are similar to 
each other and that the pests and diseases are the same or similar and 
can be addressed with similar mitigation measures. The commenter stated 
that when assessing a country's risk, we should factor in resources 
that are available and past experience with the organization.
    We disagree strongly and can assure all interested parties that 
APHIS makes no such assumptions. The commenter's suggestion appears to 
confuse risk assessment with the operational aspects of risk 
management. In the risk assessment phase, the risk presented by a 
particular commodity is assessed scientifically and objectively; the 
ability of an NPPO to undertake activities that will mitigate the 
identified risks does not become a factor until after the unmitigated 
risk has been assessed and risk management measures are being 
considered. At that point, we most certainly take an NPPO's 
capabilities into account when considering the import request. While we 
may require similar mitigation measures for the same commodity from two 
different locations when pest conditions and climate conditions in the 
two exporting countries are similar, we evaluate each import petition 
on an individual basis, taking into consideration the unique risks 
associated with the commodity and the efficacy, feasibility, and 
impacts of the risk mitigation options. As noted above, we evaluate 
very carefully the capability of the NPPO and its plant health 
infrastructure.
    One commenter noted that proposed Sec.  305.3(a) states that ``all 
treatments approved under part 305 are subject to monitoring and 
verification by APHIS.'' The commenter said that in the case of imports 
from Chile, that provision should not imply any additional actions will 
be required beyond those already performed by APHIS and Chile's 
Servicio Agricola y Ganadero (SAG) under current operational 
instructions for the existing preclearance program in Chile.
    The provision pointed out by the commenter does not alter the 
existing preclearance program in Chile. We explained in the proposed 
rule that many sections of the fruits and vegetables regulations have 
required that treatments be monitored by an inspector, and that in 
establishing Sec.  305.3(a), we were simply consolidating those 
requirements into a single new section.

Stakeholder Participation

    Several commenters stated that the 60-day comment period APHIS 
would provide for pest risk analyses might not allow enough time for 
those outside of APHIS to conduct their own scientific review.
    We note that the regulations would provide for a comment period of 
60 days, which does not preclude us from

[[Page 39486]]

extending the comment period when necessary.
    Several commenters said that we can improve transparency by 
allowing stakeholders to become involved during the pest risk analysis 
process. Those commenters asked that we take comments from the public 
on our pest risk analyses during the drafting stage. One commenter 
asked that APHIS notify stakeholders at the time an import request is 
received. Two other commenters stated that the proposed rule, if 
adopted, would reduce or eliminate stakeholder input.
    With respect to allowing the public to comment on pest risk 
analyses during the drafting phase, such a process would have a serious 
adverse impact on the timely preparation of pest risk analyses. We 
believe a process in which an analysis is prepared, reviewed, and 
brought to a point where wider circulation and publication for comment 
is appropriate yields constructive comments that can be considered 
before any analysis is finalized. Therefore, we do not plan to take 
comments on pest risk analyses while they are under development.
    With regard to notifying commenters at the time import requests are 
received, we will begin making available, on a quarterly basis, a 
document that lists all outstanding pest risk analysis import requests 
made by countries that have provided the information required under the 
regulations in Sec.  319.5 for us to begin the risk analysis process. 
The list will be available on the Internet and will include contact 
information if stakeholders want additional information on the status 
of specific pest risk analyses.
    Finally, we must again emphasize that the changes made in this rule 
will not reduce or impair in any way the opportunities that 
stakeholders will have to offer input or comments. As has been the case 
prior to this final rule, the public will be afforded ample opportunity 
to offer comments on any proposed import action. The only difference 
under this final rule will be that in some cases, comments will be 
solicited through the notice-based process.
    One commenter stated that commenters often raise valid regulatory 
or science-based concerns during the comment period that tend to be 
discounted by APHIS and that commodities are permitted entry regardless 
of biological threats.
    We disagree strongly with the view expressed by the commenter. 
First, we must point out that the comment does not address the 
substance of the rule, but the commenter's apparent disagreement with 
prior agency decisions. Second, it must be noted again that when we 
receive comments on a proposed rule or its supporting analyses, we 
consider carefully the individual issues raised in those comments and 
respond as comprehensively as we can to each of them in our final rule. 
In some cases, we agree with the points raised by the commenters and 
change our approach accordingly in the final rule; indeed, in some 
cases we will withdraw a particular proposal in light of new 
information offered by commenters. Conversely, when we do not agree 
with a point raised by a commenter, we provide an explanation in our 
final rule as to why we disagree and why we are continuing with a 
particular approach. We will continue to consider carefully all 
comments under the notice-based approach and to address those comments 
in the context of the final pest risk analyses that will be made 
available prior to the approval of new imports. We have stated in the 
past that if zero tolerance for pest risk were the standard applied to 
international trade in agricultural commodities, it is quite likely 
that no country would ever be able to export a fresh agricultural 
commodity to any other country. Our pest risk analysis process will 
identify and assign appropriate effective mitigations for any 
identified pest risks, i.e., the biological threats referred to by the 
commenter. If, based on our pest risk analysis, we conclude that the 
available mitigation measures against identified pest risks are 
insufficient to provide an appropriate level of protection, then we 
will not authorize the importation of the particular commodity.

Benefits of Implementing Notice-Based Approach

    Several commenters stated that we cited benefits to consumers, but 
none to domestic producers. Three commenters stated that the benefits 
to consumers seem overstated and the risks to domestic agriculture from 
increased and expanded imports are downplayed. One of those commenters 
added that she was worried that we were opening the floodgates to cheap 
imports that would put domestic producers at a disadvantage.
    The risks associated with new imports are not downplayed and will 
continue to be considered and addressed with scientific rigor. Benefits 
to domestic consumers were a factor in developing the notice-based 
approach, but certainly not the only one. APHIS can attest to the fact 
that many trading partners do at times consider the length of the 
process to be burdensome and indefensible. We emphasized in the 
proposed rule that to the extent that our trading partners consider the 
length of time it takes to conduct the import approval process through 
rulemaking a trade barrier, the changes to that process in this rule 
could facilitate the export of U.S. agricultural commodities by 
demonstrating our commitment to eliminating trade barriers and 
encouraging our trading partners to do the same. Such an outcome would 
be of benefit to domestic producers. While we recognize that new 
imports may occasionally have some negative economic impacts on some 
domestic producers due to increased competition, our decisionmaking is 
tied under our plant health authorities to the assessment of risk, not 
issues of economic competitiveness.
    Several commenters stated that there are often barriers to domestic 
producers that are not always based on science and asked what 
assurances domestic producers had that facilitating our import approval 
process will prompt a similar response from foreign countries. Two 
commenters asked if each of the countries which have been granted 
access to the U.S. market have an equivalent and reciprocal process. 
Three commenters added that we should obtain assurances from our 
trading partners that they will simplify their import processes as 
well.
    USDA actively and vigorously pursues foreign market access for U.S. 
products. While we anticipate that this rulemaking will support these 
efforts, there are no guarantees. We are obligated to follow the 
principles and procedures of World Trade Organization (WTO) agreements, 
including the obligation to base our regulations on science. Other 
members of the WTO are obligated to do so as well. We view this rule as 
a measure for improving the timeliness of our action on import 
requests, and of our emphasis on science as a basis for decisionmaking 
while maintaining the fullest practicable opportunity for all 
interested parties to participate in the process. We expect our trading 
partners to evaluate our requests with equivalent dispatch. Each 
country has its own process, with some being more complex than others; 
our process is one of the most scientifically rigorous, but one which 
will be improved by this final rule.
    One commenter asked that we conduct yearly examinations of changes 
in market access, response to petitions, etc., and another asked that 
we identify instances in which foreign trading partners have 
substantially modified their approach to U.S. fruit and

[[Page 39487]]

vegetable exports on the basis of how APHIS has reduced the 
administrative burden on fruit and vegetable exports to the United 
States.
    APHIS has produced reports that document our activities and 
accomplishments in support of both phytosanitary (plant health) and 
sanitary (zoonotics and animal health) trade activities on a regular 
basis for several years. Those reports describe the activities 
pertaining to U.S. export market access, retention, and expansion, as 
well as changes in import market access. Reports through fiscal year 
2005 can be found at http://www.aphis.usda.gov/is/tst/
Publications.html. We will continue to analyze our accomplishments in 
both import and export activities on a regular basis. These reports 
provide an opportunity for the public to evaluate our performance in 
facilitating imports and exports.
    Several commenters disagreed that the current rulemaking process 
was an impediment to trade and stated that we need to allow maximum 
opportunity for public comment. One commenter stated that whether or 
not our rulemaking process was an impediment to trade is a matter for 
WTO, not foreign countries, to determine.
    As stated previously, the notice-based approach will not in any way 
diminish the opportunity for public comment. We have stated and believe 
that some countries view our process for approval of import requests as 
a substantial impediment to trade. We proposed this action with the 
intent of making the Agency more effective and efficient, while still 
employing an exceptionally transparent, science-based risk analysis 
process with the widest possible opportunity for public input. We 
believe that by modifying the administrative part of our import 
evaluation process, we will be better able to focus our resources. 
Given the considerable improvements in risk management documentation 
and the increase in the number of personnel dedicated to risk 
management in PPQ in recent years, we are convinced that the notice-
based process will expedite the import evaluation process and make it 
more open and transparent than it has ever been.

APHIS' Resources

    Two commenters asked whether we had sufficient staff to handle 
expedited scientific reviews. The commenters asked that APHIS provide 
the number of scientists currently dedicated to fruit and vegetable 
pest and disease risk analyses. One of the commenters asked that this 
information be provided to the public each time a new import request is 
made. The commenter asked that we clarify the current backlog on risk 
analyses.
    The commenters clearly misunderstand the purpose, intent, and 
import of this rule. As stated previously, the notice-based process is 
not an expedited scientific review. The science-based risk analysis 
process will remain the same--it is the administrative process that 
will be expedited. With regard to personnel, we have sufficient 
personnel available to handle the review of data and information for 
the completion of pest risk analyses. We are unable to provide the 
exact number of scientists dedicated to fruit and vegetable pest risk 
analyses because all are not dedicated to import-related issues. Some 
of those scientists are also completing assessments for issues related 
to the facilitation of exports \2\ and crucial domestic programs. In 
addition, at any given time, the numbers can vary based on whether the 
scientists are assigned to one area or another in response to workload 
and changing priorities.
---------------------------------------------------------------------------

    \2\ Pest risk analyses needed to help us address export issues 
are always assigned high priority, and there is no backlog of 
outstanding export issues.
---------------------------------------------------------------------------

    With regard to notifying the public of new import requests, we 
noted earlier in this document that we will be providing, on a 
quarterly basis, a document that lists all outstanding pest risk 
analysis import requests, by commodity and country, made by countries 
that have provided the information required under the regulations in 
Sec.  319.5 for us to begin the risk analysis process. That document 
will be posted on the Internet and distributed to persons who have 
signed up to the PPQ stakeholder registry. To join the registry, go to 
PPQ's Internet home page (http://www.aphis.usda.gov/plant_health/) and 
follow the ``Join the PPQ Stakeholder Registry'' link.
    With respect to the backlog of risk analyses, we noted in the 
proposed rule that we have approximately 400 ``requests'' in the queue. 
However, we received many of these requests some time ago but have been 
unable to take action on them because they were incomplete or otherwise 
lacking and a response to our inquiries has not yet been received from 
the requestor. If, for the purposes of estimating the backlog, we were 
to count only those official requests that are supported by required 
information at this time, we have approximately 70 that are pending 
assignment and prioritization and 110 in various stages of development.
    Three commenters raised concerns with issues brought up in the 
National Plant Board (NPB) report titled, ``Safeguarding American Plant 
Resources (A Stakeholder Review of the APHIS-PPQ Safeguarding 
System).'' The report, published in July of 1999, examined APHIS' 
safeguarding system and made recommendations to improve upon the 
system. The commenters stated that there should be no changes to the 
regulations until the report is finalized and its recommendations are 
taken into full account. One of those commenters stated that the report 
contains references to fragmented and dispersed risk management 
functions; the need for a better process to monitor the efficacy of 
risk mitigation measures; and more training and actual field experience 
to ensure that mitigation measures chosen are operationally feasible. 
The commenter added that the risk analysis program is not yet 
adequately funded.
    In August 2005, we reported that PPQ had completed the 
implementation process for the recommendations contained in the 
stakeholder review, with virtually all of the more than 300 
recommendations in the Safeguarding Review fully evaluated and 
implemented or in the process of being implemented.\3\ Among our 
accomplishments during the first 5 years of the implementation phase 
were the strengthening and restructuring of our risk assessment work 
and the building of a strong methods development program through our 
Center for Plant Health Science and Technology (CPHST). We have 
clarified roles and responsibilities for risk management in PPQ and 
dedicated additional resources to that function.
---------------------------------------------------------------------------

    \3\ We made the decision not to implement a small number of 
recommendations after completing our evaluation, and a number of 
other recommendations were passed on to the Department of Homeland 
Security after the 2003 reorganization.
---------------------------------------------------------------------------

    In terms of monitoring the efficacy of risk mitigation measures, we 
work closely with the Bureau of Customs and Border Protection (CBP) on 
measures such as fruit cutting at the port of entry and port of entry 
inspections. Inspection guidelines based on our pest risk analyses are 
developed for each new commodity allowed entry into the United States. 
In addition, APHIS' International Services staff also monitors programs 
in exporting countries to ensure that mitigation measures are being 
appropriately applied and that they are effective.
    With regard to the need for more training and actual field 
experience to assure that the mitigation measures

[[Page 39488]]

chosen are operationally feasible, we routinely provide opportunities 
for our risk managers, some of whom have extensive operational 
experience, to observe and participate in the application of field 
measures.
    Finally, we disagree that the risk analysis program is not yet 
adequately funded. As noted previously, we believe that we have 
sufficient personnel available to handle the review of data and 
information for the completion of pest risk analyses and have recently 
hired several additional risk analysts.
    Four commenters raised concerns with CBP having sufficient 
resources and staff to monitor the increased imports that would be 
associated with this rule. Three of those commenters referenced a 
recent Government Accountability Office (GAO) report in which GAO 
determined that despite some positive developments, ``the agencies face 
management and coordination problems that increase the vulnerability of 
U.S. agriculture to foreign pests. CBP has not developed sufficient 
performance measures that take into account the agency's expanded 
mission or that consider all pathways by which prohibited agricultural 
items or foreign pests may enter the country.'' The commenters stated 
CBP faces significant resource and performance issues and that this 
could lead to future pest infestations. One commenter stated that there 
would be an increased need for additional APHIS staff to monitor the 
imports and the conditions imposed on future imports. The commenter 
noted that if we were to presume that most of those requests are 
eligible for the notice-based process and the commodities start to 
enter the United States, it appears that APHIS does not have the staff 
to monitor its mitigation measures.
    We consult with CBP at various stages of the rulemaking process, 
beginning once a regulatory work plan has been developed and through 
the publication of a final rule. We will similarly consult with CBP 
about actions that we may take based on the notice-based process 
established by this rule. CBP may raise any concerns with monitoring 
required for mitigation measures at those times. If CBP does not have 
the appropriate resources to monitor mitigations as determined by the 
pest risk analysis, then we will modify our mitigations or otherwise 
work with CBP to find efficacious mitigation measures that CBP can 
monitor.
    Further, increased imports will also generate more revenue for 
APHIS and CBP through the collection of additional user fees. This 
increase in funds can be used to increase staffing and improve upon 
other resources that will be used to monitor mitigations. With regard 
to CBP not having developed sufficient performance measures, new 
performance measures were developed by CBP and were implemented on 
October 1, 2006.
    One commenter asked if more resources would be devoted toward 
export petitions as a result of this final rule.
    APHIS employs trade directors who are assigned specific geographic 
areas of responsibility, and each trade director works with one import 
specialist and one export specialist. There will be no changes to this 
structure as a result of this final rule. As noted previously, when 
pest risk analyses are needed for export issues, they are always 
assigned a high priority.

Import Requirements for Specific Commodities

    One commenter wanted to clarify that pineapple from Thailand will 
be subject to general requirements under Sec.  319.56-3 and proposed 
paragraphs (b)(2)(vi) and (b)(5)(vii) of Sec.  319.56-13, but no other 
requirements. The commenter also asked why pineapple from Thailand has 
been restricted importation to Hawaii.
    Section 319.56-13 of our proposed rule erroneously stated that 
pineapple from Thailand was prohibited entry into Hawaii only, when in 
fact it is currently prohibited entry into all U.S. States and 
territories except for Guam and the Commonwealth of the Northern 
Mariana Islands (CNMI). To correct this error, we are revising the 
entry in the table for pineapples from Thailand in Sec.  319.56-13 to 
provide that pineapple from Thailand is allowed entry into Guam and 
CNMI only.
    Two commenters requested that we remove the preclearance inspection 
requirement for sand pears from Korea because it had not been required 
previously.
    The commenters are incorrect. As stated previously, the proposed 
rule did not make any changes to existing import requirements, except 
for those specifically mentioned in the rule. We have been requiring 
preclearance inspections for sand pears from Korea since 1990, and 
while that requirement was not listed in the regulations it has been 
contained in the fruits and vegetables manual and is implemented by 
administrative order.
    We proposed to clarify that only Allium spp. without tops may be 
imported into Guam, due to the presence of the leaf tip die back 
disease, Mycosphaerella schoenoprasi, and exotic species of leaf miners 
of Allium spp. in countries that regularly trade with Guam. One 
commenter asked that we continue to allow Allium spp. from South Korea 
into Guam under the same conditions that we have in the past. The 
commenter added that tops of Welsh onion (Allium fistulosum) and stems 
of garlic (Allium sativum) have historically been allowed importation 
into Guam from South Korea and that the sudden prohibition of those 
vegetable parts as a result of the proposed changes would have an 
effect on Korean residents living in Guam.
    We proposed to allow only Allium spp. without tops to be imported 
into Guam, due to the presence of the leaf tip die back disease, 
Mycosphaerella schoenoprasi, and exotic species of leaf miners of 
Allium spp. in countries that regularly trade with Guam. Those pests, 
which are associated with the Allium spp. tops and are not pests of 
Allium spp. bulbs, are not present in Guam. The restrictions on the 
importation of Allium spp. tops are necessary to prevent the 
introduction of Mycosphaerella schoenoprasi and exotic species of leaf 
miners into Guam.
    One commenter asked that the regulations, where they provide for 
the importation of pineapples, be amended to cover all varieties of 
pineapple, not just varieties that are limited to at least 50 percent 
smooth Cayenne by lineage.
    We cannot make such a change in this final rule. We would need to 
consider and document the risks associated with such a change and 
publish a proposed rule before we could amend the regulations to expand 
the number of pineapple varieties eligible for importation.
    Two commenters asked that we remove the phytosanitary certificate 
requirement for peppers from the Netherlands because a method to ensure 
full traceability is still under discussion.
    Following an interception of Mediterranean fruit fly (Medfly) in a 
consignment of habanero peppers shipped via the Netherlands, we began 
requiring consignments of peppers from the Netherlands to be 
accompanied by a phytosanitary certificate stating that the fruit had 
originated in a greenhouse in the Netherlands. When we began drafting 
our proposal, we believed it was necessary to reflect that 
administrative phytosanitary certificate requirement, which was cited 
in the fruits and vegetables manual, in the regulations. However, since 
the publication of the proposed rule, we have engaged in additional 
discussions with officials of the Dutch NPPO and have agreed that they 
have adequately addressed the Medfly issue that prompted the 
phytosanitary certificate requirement. That requirement had been

[[Page 39489]]

the only specified condition that necessitated peppers from the 
Netherlands being listed in the table in Sec.  319.56-13, so that entry 
does not appear in this final rule. We have also removed proposed 
paragraph (b)(5)(xi) in Sec.  319.56-13, which contained the 
phytosanitary requirement, because it is not applicable to any other 
entries in the table and have redesignated the remaining subparagraphs 
in paragraph (b)(5) accordingly.

Pest Risk Analyses

    One commenter asked how we will handle issues raised in the comment 
period that call into question the use of the notice-based approach on 
an import request.
    As established by this rule, the notice-based process is 
appropriate when we conclude, based on pest risk analysis, that the 
risks associated with a particular candidate for importation can be 
addressed using one or more of the designated measures listed in Sec.  
319.56-4(b). Accordingly, if information submitted during the comment 
period led us to change our conclusion about the appropriateness of 
those measures, then the notice-based process would end without the 
issuance of a permit. If the submitted information did not lead us to 
change our conclusions, we would likely proceed with a subsequent 
Federal Register notice announcing that we will begin issuing import 
permits; in that notice, we would discuss all the comments we received 
and our reasons for proceeding as we did.
    One commenter asked under what specific circumstances would APHIS 
publish a notice in the Federal Register, revising import requirements 
for certain imports, or prohibiting or restricting the importation of 
certain products as provided for in Sec.  319.56-4(d). The commenter 
also asked if APHIS would publish a followup notice if it resolves the 
problem which prompted publication of such an action and notice in the 
Federal Register.
    Paragraph (d) of Sec.  319.56-4 in the proposed rule and in this 
final rule provides that if we determine that one or more of the 
designated measures is not sufficient to mitigate the risk posed by any 
fruit or vegetable that has been authorized for importation under 
permit in accordance with Sec.  319.56-4, then APHIS will prohibit or 
further restrict the importation of the fruit or vegetable, and that we 
may publish a notice to inform the public of our findings. That notice 
would specify the amended import requirements, provide an effective 
date for the change, and invite public comment on the subject. As for 
what specific circumstances might lead us to take the actions described 
in Sec.  319.56-4(d), our proposed rule offered examples such as 
interceptions of new pests in imported fruits or vegetables or new 
evidence of risk or evidence of poor program implementation or 
performance. With respect to whether we would publish a followup notice 
following the resolution of a problem, we expect that such a decision 
would depend on the circumstances leading up to our initial action and 
the nature of our action (i.e., a prohibition on imports, a temporary 
suspension, the addition of new requirements, etc.). In any case, our 
goal will be to keep the public informed and ensure the transparency of 
our decisionmaking.
    One commenter asked why we were requiring exporting countries to 
conduct pest risk analyses when ISPM standards require that importing 
countries do so.
    We are not requiring that exporting countries conduct their own 
pest risk analyses, although an exporting country may provide 
substantial inputs and they may benefit by doing so. The main benefit 
of an exporting country assisting in conducting the pest risk analysis 
is that it can improve the quality of the data and conclusions and the 
validity and credibility of the analysis. In some cases, it might also 
expedite the approval of the commodity the country wishes to export. 
However, all externally prepared pest risk analyses are thoroughly 
evaluated by APHIS for completeness and consistency with APHIS-prepared 
analyses and revised as necessary.

Insect-Proof Packaging

    Section 319.56-2dd has contained restrictions on the importation of 
tomatoes from certain countries. In our proposal, we discussed moving 
that section to new Sec.  319.56-28 and stated that one of the changes 
we were proposing in conjunction with that move was to require the use 
of insect-proof containers or coverings, rather than fruit fly-proof 
containers or coverings. One commenter took issue with this proposed 
change, stating that it was unnecessary to address pest risk and citing 
significant economic costs that would be associated with covering 
tomatoes.
    Our statement in the proposed rule that ``[t]he current regulations 
require packaging and containers to be fruit fly-proof, not insect-
proof'' was in error; we should not have presented the subject as a 
proposed change in the regulations. The regulations in Sec.  319.56-2dd 
have required insect-proof containers or coverings since June 25, 2003, 
when we published a final rule (68 FR 37904-37923, Docket No. 02-026-4) 
making that change among many others. Prior to that, fruit fly-proof 
coverings and containers had been required, and that requirement had 
been in place since the regulations in Sec.  319.56-2dd were 
established in 1998.
    One commenter stated that it is unnecessary to require that 
tomatoes be packed in insect-proof cartons or containers or covered by 
insect-proof mesh or plastic tarpaulins during transport to the airport 
and subsequent exportation to the United States because any harmful 
insects that are present in a greenhouse will leave the tomatoes at the 
time of harvesting due to the moving of the plants. The commenter added 
that tomatoes which have been picked and are subsequently transported 
with the production facility do not attract additional insects.
    While the commenter may be correct with regard to specific targeted 
pests, the insect-proof mesh or plastic tarpaulin is intended to 
prevent hitchhiking pests that may attach to fruit while in transit, 
and not only pests that could attach at the time of growing, 
harvesting, or packing.

Use of Terms

    One commenter noted that proposed Sec.  319.56-6 provides that if 
APHIS is to be present in an exporting country to facilitate the 
exportation of fruits and vegetables and APHIS services are to be 
funded by the NPPO of the exporting country or a private export group, 
then the NPPO or private group must enter into a trust fund agreement 
with APHIS. The commenter contrasted that provision with proposed 
Sec. Sec.  319.56-23(b) and 319.56-38(f), which specifically state that 
the importation of the authorized commodities from Chile would be 
possible only if the Servicio Agricola y Ganadero (SAG) has entered 
into a trust fund agreement. The commenter asked that we clarify that 
the same would be expected of a private export group.
    We agree with the commenter and have amended Sec. Sec.  319.56-
23(b) and 319.56-38(f) in this final rule to be consistent with the 
wording of Sec.  319.56-6.
    One commenter noted that proposed Sec.  319.56-29 refers to the 
Chinese Ministry of Agriculture, while Sec.  319.56-39 refers to the 
NPPO of China.
    For consistency's sake, both of those sections in this final rule 
refer to the NPPO of China.

Frozen Fruit and Quick Freezing

    One commenter stated that there is some confusion around the 
concept of frozen fruit and asked that we add a definition of frozen 
fruit in Sec.  319.56-2.

[[Page 39490]]

    We use the term frozen fruits and vegetables as a description and 
quick freezing as the method used to obtain the frozen state. However, 
to provide clarification, this final rule includes a definition of 
frozen fruit or vegetable in Sec.  319.56-2, i.e.: ``Any variety of raw 
fruit or vegetable preserved by commercially acceptable freezing 
methods in such a way that the commodity remains at -6.7 [deg]C (20 
[deg]F) or below for at least 48 hours prior to release.''
    Proposed Sec.  319-56-12 provided that the importation from foreign 
countries of frozen fruits and vegetables is not authorized when such 
fruits and vegetables are subject to attack in the area of origin by 
plant pests that may not, in the judgment of the Administrator, be 
destroyed by quick freezing. One commenter asked how the Administrator 
will communicate the list of plant pests that are not destroyed by 
quick freezing.
    Section 305.17(b) of our phytosanitary treatments regulations 
contains a list of fruits and vegetables and their countries of origin 
for which quick freezing is not an authorized treatment. We have 
amended Sec.  319.56-12 in this final rule to provide that quick 
freezing is not an authorized treatment for those fruits and vegetables 
listed in Sec.  305.17(b).
    One commenter asked if quick freezing would also be subject to the 
monitoring and certification requirements under Sec.  305.3.
    Yes, quick freezing is considered a treatment and therefore, will 
be subject to the requirements in Sec.  305.3, ``Monitoring and 
certification of treatments.''

General Comments

    One commenter stated that we did not specify whether the notice 
published with APHIS' final determination will contain responses to 
public comments. The commenter noted that the opportunity for comment 
is meaningless unless the Agency responds to the significant points 
raised by the public.
    We intend to carefully review all comments we receive on the risk 
analyses. We are soliciting comments to help us determine the 
appropriate course of action and may change course based on comments. 
While the flow chart we presented on page 25017 of the proposed rule 
makes reference to a discussion of the comments being included with the 
pest risk analysis in the second notice, our discussion of the process 
may not clearly communicate our intention to respond to the comments we 
receive. We did not intend to imply that the notice-based process would 
eliminate our responding to the comments we receive on the notices. We 
will continue to respond to all substantive comments and will make the 
comments and our responses available as attachments to draft or final 
pest risk analyses.
    One commenter noted that proposed Sec.  319.56-4(d) states that 
APHIS ``may'' prohibit or further restrict the importation of the fruit 
or vegetable that has been approved for importation under Sec.  319.56-
4 when we determine that additional risk mitigation measures are 
necessary. The commenter stated that the use of the word ``may'' made 
it unclear whether or not we would in fact act to prohibit or further 
restrict a commodity should it become necessary. The commenter 
suggested rewording the sentence to read that ``APHIS shall prohibit or 
further restrict importation * * *.''
    We agree that our use of the word ``may'' could leave some doubt as 
to whether we will prohibit or further restrict imports if we determine 
that one of the designated phytosanitary measures is not sufficient to 
mitigate the risk posed by authorized imports. Therefore, we have 
amended Sec.  319.56-4(d) in this final rule so that it reads ``APHIS 
will prohibit or further restrict importation of the fruit or 
vegetable. APHIS also may publish a notice in the Federal Register 
advising the public of its finding.''
    One commenter stated that we should consider limiting consignments 
of fruits and vegetables into States like Florida that have crops that 
are highly susceptible to infestation by pests and diseases from 
countries which do not have equivalent plant pest agencies.
    We consider limiting distribution of imports on a case-by-case 
basis when the findings of pest risk analysis indicate that such an 
action might be necessary and if it is operationally feasible. Limited 
distribution is not, however, one of the designated measures listed in 
this rule.
    Our consideration of this comment brought to mind an issue that we 
believe bears clarifying. The pest risk analyses we use to inform our 
decisionmaking with respect to specific commodities are usually 
prepared by PPQ's Center for Plant Health Science and Technology 
(CPHST). In an effort to be as responsive as possible, CPHST routinely 
limits the scope of its analyses to the continental United States 
because doing so reduces the complexity of the analysis and thus saves 
time. (CPHST will, of course, broaden the scope of the analysis to 
include Hawaii and/or U.S. territories if the requesting country asks 
that they do so.) When scope of a pest risk analysis is limited to the 
continental United States, the scope of the import authorization we may 
issue for the commodity that was the subject of the analysis is 
likewise limited to the continental United States. Such a limitation on 
distribution is applied not as a mitigation in response to an 
identified pest risk, but rather because we have not examined the risks 
associated with the movement of that commodity into Hawaii and/or any 
U.S. territories or possessions. We view this as entirely distinct from 
those situations where the findings of a pest risk assessment lead our 
risk managers to recommend limited distribution as a risk mitigation 
measure, such as is the case, for example, with litchi from certain 
countries being prohibited from movement into Florida due to the litchi 
rust mite. We believe that the first situation--where distribution is 
authorized only within the continental United States due simply to the 
scope of pest risk analysis--does not preclude the use of the notice-
based approach if the use of that approach is otherwise appropriate. In 
the latter situation, the notice-based approach would not be 
appropriate, given that limited distribution assigned as a mitigation 
measure in response to an identified risk is not among the designated 
measures.
    One commenter stated that increasing amounts of imports have 
increased pest infestations and that APHIS' pest risk analyses and 
mitigation procedures do not always work, especially in the case of 
imports from developing countries.
    The commenter provided no evidence to support the assertion that 
increasing imports have led to an increase in pest infestations. As 
stated previously in this document, there will always be some degree of 
pest risk associated with the movement of agricultural products; APHIS' 
goal is to provide the protection necessary to prevent the introduction 
and dissemination of plant pests into the United States while 
facilitating trade in agricultural products. Further, there are several 
factors that contribute to pest infestations, including smuggling, 
undeclared fruits and vegetables in passenger baggage, and, as with 
soybean rust, climatic conditions. We also note that legal imports 
undergo a rigorous scientific evaluation before being approved for 
importation and are subject to mitigation measures to which illegal 
imports are not.
    Three commenters stated that it was unfair to expedite the 
importation of foreign fruits and vegetables when changes in interstate 
consignments of produce governed by Federal quarantine continue to be 
subject to rulemaking. One of those commenters specifically

[[Page 39491]]

requested that we also allow imports from Hawaii and the territories to 
be eligible for a similar notice-based process in the final rule.
    While we are not making any changes in this final rule in response 
to this comment, we are currently considering revising part 318 to 
provide the same notice-based process for Hawaii and the territories. 
Further, we are reviewing our domestic quarantine regulations in part 
301 to determine whether opportunities exist to expedite movements of 
regulated products.
    One commenter asked for clarification of the respective 
responsibilities of APHIS and CBP. Another commenter encouraged APHIS 
to provide increased compliance assistance to U.S. import companies and 
to exporting countries where new commodities are approved for entry.
    CBP personnel at ports of entry have many responsibilities, among 
them examining agricultural imports for the protection of America's 
agriculture, environment, and food supply from pests, diseases, and 
agroterrorism. CBP conducts inspections and facilitates the clearance 
of most agricultural products. APHIS-staffed plant inspection stations 
are responsible for the inspection and clearance of the majority of 
propagative material consignments as well as certain material arriving 
under permit. CBP and APHIS work together as a team to safeguard U.S. 
agriculture, setting policy, training officers, and improving the 
import processes.
    APHIS is currently studying and working with CBP on standard 
operating procedures that can be used by carriers to ensure that 
agricultural commodities are handled and transported in accordance with 
APHIS regulations. These new standards will allow carriers to more 
easily handle consignments in accordance with U.S. requirements. 
Importers, shippers, and ultimately the public will benefit from this 
new uniform policy.
    We meet regularly with our counterparts in exporting countries to 
develop bilateral work plans detailing specific procedures when new 
commodities are approved for entry and we will continue to do so. In 
addition, we provide an individual contact person for each notice who 
can be reached should specific questions arise.
    One commenter stated that fruits and vegetables should be subject 
to strict inspections. The commenter also suggested that we should 
conduct a trial run of the notice-based process in a few countries to 
see how effective this approach is.
    All imported fruits and vegetables are currently and will continue 
to be subject to inspection at the port of entry. With regard to the 
suggested trial, the rule does not make any changes to operations or 
the pest risk analysis process, it is simply providing for an expedited 
administrative process. Accordingly, we do not believe that 
implementing this rule on a trial basis would be appropriate or useful. 
At the same time, we regularly review our processes to ensure their 
continued effectiveness and make changes whenever necessary.
    One commenter asked what type of peer review process will be 
utilized under the notice-based approach.
    If the information that will be disseminated in a pest risk 
analysis is determined to be ``influential'' or ``highly influential'' 
as those terms are used in the Office of Management and Budget's 
``Final Information Quality Bulletin for Peer Review,'' (see 70 FR 
2664-2667, published January 14, 2005), then a peer review will be 
conducted in accordance with USDA's peer review guidance (see http://
www.ocio.usda.gov/qi_guide/scientific_research.html).
    One commenter questioned the basis for APHIS decisionmaking 
regarding approval of import requests.
    Under the Plant Protection Act, the Secretary may prohibit or 
restrict the importation of plants and plant products if the Secretary 
determines that the prohibition or restriction is necessary to prevent 
the introduction into or dissemination within the United States of a 
plant pest or noxious weed. Thus, our determinations as to whether a 
new agricultural commodity can be safely imported are based on the 
findings of pest risk analysis.
    One commenter stated that the proposed changes did nothing to 
address the fact that APHIS' regulations continue to prohibit the 
importation of fruits and vegetables for which no import request has 
been made, or for which an import request has been made but an 
assessment of quarantine risk has not yet been completed. The commenter 
stated that this ``a priori'' prohibition on the importation of fresh 
fruits or vegetables into the United States is inconsistent with the 
APHIS' obligations under the WTO's Agreement on the Application of 
Sanitary and Phytosanitary Measures (SPS Agreement), as they are not 
based on an assessment of risks or scientific principles, nor 
maintained with sufficient scientific evidence.
    We believe it is appropriate to make a distinction between 
commodities that are ``prohibited'' and disciplined by Article 5 of the 
SPS Agreement, and commodities that are ``not yet approved'' or 
``pending evaluation'' and disciplined by Annex C of the SPS Agreement. 
Articles that are prohibited have been evaluated and prohibition is the 
measure that has been determined to be appropriate. This status may be 
changed based on new information and a reevaluation using pest risk 
analysis. Likewise, pest risk analysis is used to evaluate the risk 
associated with a request for a new commodity not previously evaluated. 
It is true that our regulations do not make the distinction between (1) 
commodities that have been evaluated and prohibited, (2) commodities 
that are not currently allowed importation but that are undergoing risk 
evaluation, and (3) commodities that are not allowed importation and 
for which no request for risk evaluation exists. We recognize that our 
regulatory terminology is not the same as that used in the SPS 
Agreement; however, regardless of the terminology, APHIS only allows 
new imports of fruits and vegetables following the completion of a risk 
analysis that enables us to determine that the pest risks posed by the 
commodity are known, and that the risks can and will be mitigated. We 
believe that this policy is entirely consistent with the SPS Agreement.
    One commenter stated that phytosanitary certificates should be 
required for all consignments of imported fruits and vegetables.
    On August 29, 2001, we published in the Federal Register (66 FR 
45637-45648) a proposal to require phytosanitary certificates for all 
imported fruits and vegetables. During the comment period, some 
commenters raised issues that put into question whether this approach 
was warranted. In response to those commenters, we prepared a risk 
assessment that considered the plant pest risks associated with fruits 
and vegetables imported in passenger baggage and the probable impact of 
phytosanitary certification requirements. On May 24, 2006, we published 
in the Federal Register (71 FR 29846-29847) a notice of availability of 
that risk assessment. We are considering adopting only the proposed 
requirements that pertain to fruits and vegetables imported in air 
passenger baggage and are currently assessing the comments we received.
    One commenter cautioned against the labeling requirements contained 
in proposed Sec.  319.56-5. Specifically, the commenter took issue with 
our requiring the orchard or grove of origin/name of grower and the 
name of the municipality and State where the fruits or vegetables were 
produced. The commenter was concerned that our

[[Page 39492]]

trading partners would require the same of U.S. grain and grain 
products.
    We made no changes to the labeling requirements that are now 
contained in Sec.  319.56-5. The labeling requirements in Sec.  319.56-
5 apply to fruits and vegetables grown in pest-free areas. Therefore, 
we must require that information about the origin of the product be 
included on the label in order to verify that the fruit is indeed from 
a pest-free area. This information also allows us to work effectively 
with the NPPO of the exporting country to conduct tracebacks if 
quarantine pests are found in a consignment.
    One commenter stated that the 60-day comment period was too long. 
The commenter asked that the comment period be reduced so that import 
approvals can be issued no later than 6 months after the completion of 
the pest risk analysis.
    When developing our proposed rule, we wanted to ensure that we did 
not reduce the opportunity for public comment. We believe maintaining a 
60-day comment period is reasonable and appropriate. Further, even with 
a 60-day comment period, import approvals could be issued within 6 
months of announcing the availability of a pest risk analysis.
    One commenter asked if we will still produce, as we have in the 
past, proposed rules covering a wide variety of articles (often 
referred to as ``periodic amendments'') and if so, how those periodic 
amendments will relate to the notice-based approach.
    Implementation of the notice-based process will likely reduce the 
need to group import requests together in periodic amendments, but we 
expect we will continue to use periodic amendments (as opposed to 
standalone rulemakings) to add some commodities to the regulations that 
require mitigations beyond the designated measures.
    One commenter asked how the notice-based process will affect 
pending import requests from Guatemala. The commenter asked if 
previously submitted import requests needed to be resubmitted for the 
commodity to qualify for the notice-based approach.
    This rule will be applied to pending requests. If an import request 
has already been submitted and the results of our pest risk analysis 
lead us to conclude that the commodity can be safely imported under one 
or more designated measures, then we will follow the notice-based 
approach. It is not necessary to resubmit any import requests.
    One commenter asked if the United States or the exporting country 
makes decisions on which products are to be exported.
    While there may be instances where the impetus for a specific 
import request comes from an importer or other entity in the United 
States, it is the NPPO of the exporting country that submits the formal 
petition to APHIS.
    One commenter asked if the exporting country needs to inspect the 
commodity as well.
    Under some circumstances, we find that inspection prior to 
exportation is a necessary part of mitigating pest risk and the 
exporting country would need to inspect the commodity. Such an 
inspection requirement would be one of the mitigations included in the 
pest risk analysis.
    One commenter disagreed with not conducting an economic analysis on 
future imports that are approved under the notice-based process. The 
commenter stated that the economic impacts on domestic producers should 
be part of any trade agreement the United States negotiates. The 
commenter added that foreign producers are not subject to the same 
environmental and phytosanitary restrictions under which U.S. domestic 
producers operate, which puts our domestic producers at a distinct 
competitive disadvantage.
    As stated previously in this document, our determination as to 
whether a new agricultural commodity can be safely imported is based on 
the findings of pest risk analysis, not on economic factors. While the 
notices published using the notice-based approach will not contain 
economic analyses, we will certainly consider the potential economic 
consequences of pest introduction in the pest risk analysis.
    One commenter stated that the measures listed for use at the port 
of Wilmington, NC, should incorporate measures to monitor any Medfly 
that may escape treatment and should include measures to ensure the 
cold treatment facility has a contingency plan for disposing of the 
fruit. The commenter stated that the measures employed at the Port of 
Wilmington should be at least as stringent as those for Seattle, WA, 
and Atlanta, GA.
    We did not propose to make any changes to the cold treatment 
requirements performed at ports of entry in the United States, we 
simply proposed to move these requirements into a different section. 
Further, the measures to which the commenter refers are determined by 
risk and Wilmington, NC, is not considered a high pest risk port 
because it is unlikely that exotic fruit flies will become established 
in the Wilmington area.
    Two commenters raised issues regarding the irradiation of fruits 
and vegetables. Specifically, one of the commenters questioned the use 
of irradiation because there is evidence that there is nutrient 
depletion when foods are subjected to it. The commenter also stated 
that certain fruits and vegetables may produce cyclobutanones when 
irradiated which in some studies have shown to act as tumor promoters. 
The second commenter stated that irradiation is not safe and allowing 
fruits and vegetables that have not been pretreated to enter the United 
States opens the doors to pest infestation.
    The Food and Drug Administration (FDA) has primary regulatory 
responsibility for ensuring that approved irradiation doses do not 
render foods unsafe to eat. FDA regulations (21 CFR 179.26) establish a 
limit of 1.0 kilogray for disinfestation of arthropod pests in fresh 
fruits and vegetables. With respect to the second commenter's 
additional concern, we established the irradiation-related provisions 
in part 305 through earlier rulemakings and did not propose any changes 
to those provisions in our proposed rule.

Additional Changes

    In addition to the changes discussed above in response to comments, 
we have made the following changes in this final rule:
     We have amended Sec.  305.15(b) by removing Washington 
Dulles International Airport as a port where cold treatment may be 
conducted. There is not currently an approved cold treatment facility 
at that airport.
     Paragraph (a) of Sec.  305.31 includes a list of several 
plant pests for which irradiation is an authorized treatment, but 
paragraph (n) of that section has referred to ``the listed fruit 
flies.'' Because the list also includes borers, weevils, moths, etc., 
we have amended Sec.  305.31(n) by replacing the reference to fruit 
flies with a more general reference to plants pests.
     We have removed proposed paragraph (b)(7) of Sec.  319.56-
3, which would have provided for the issuance of special use permits to 
authorize the importation of small lots of otherwise prohibited fruits 
or vegetable under certain conditions. After reconsidering the issue, 
we no longer believe that we have adequate resources to devote to these 
types of permits.
     We have removed proposed paragraphs (b)(5)(i) and 
(b)(5)(xii) from Sec.  319.56-13 and have renumbered the remaining 
paragraphs in Sec.  319.56-

[[Page 39493]]

13(b)(5) accordingly. The first of those paragraphs referred to a 
phytosanitary certificate requirement that does not apply to any of the 
commodities listed in the table in paragraph (a) of that section. The 
second of those paragraphs referred to a phytosanitary certificate/
additional declaration requirement regarding freedom from the gray 
pineapple mealybug (Dysmicoccus neobrevipes). That paragraph was cited 
only in the entry for honeydew melon from Peru in the table, and that 
honeydew melon entry also cites paragraph (b)(1)(iv), which includes, 
among other things, the same phytosanitary certificate requirement. 
Therefore, proposed (b)(5)(xii) was redundant and has been removed.

Changes to the Regulations Since the Publication of Our Proposal

    Since the publication of the proposed rule, several final rules 
that amended the regulations in part 319 have become effective, and the 
changes made to the regulations in those final rules need to be 
reflected in this rule.
    On May 1, 2006 (see 71 FR 25487-25495, Docket No. 03-113-3), we 
published a final rule that amended the fruits and vegetables 
regulations by adding a new Sec.  319.56-2pp, ``Conditions governing 
the importation of citrus from Peru,'' to allow the importation, under 
certain conditions, of fresh commercial citrus fruit (grapefruit, 
limes, mandarin oranges or tangerines, sweet oranges, and tangelos) 
from approved areas of Peru into the United States. Because the import 
requirements include additional measures beyond the designated 
measures, they need to remain in the regulations; those provisions 
appear in this final rule as Sec.  319-56-41.
    On May 22, 2006 (see 71 FR 29241-29244, Docket No. 05-068-2), we 
published a final rule that amended the fruits and vegetables 
regulations by adding a new Sec.  319.56-2qq, ``Administrative 
instructions: Conditions governing the entry of peppers from the 
Republic of Korea,'' to allow the importation into the continental 
United States of peppers from the Republic of Korea under certain 
conditions. Because the import requirements include additional measures 
beyond the designated measures, they need to remain in the regulations; 
those provisions appear in this final rule as Sec.  319-56-42.
    On May 24, 2006 (see 71 FR 29766-29769, Docket No. 05-059-2), we 
published a final rule that amended the fruits and vegetables 
regulations by adding a new Sec.  319.56-2f, ``Conditions governing the 
entry of baby corn and baby carrots from Zambia,'' to allow the 
importation into the continental United States of fresh, dehusked, 
immature (baby) sweet corn and fresh baby carrots from Zambia. Because 
the import requirements include additional measures beyond the 
designated measures, they need to remain in the regulations; those 
provisions appear in this final rule as Sec.  319-56-43.
    On June 8, 2006 (see 71 FR 33172-33178, Docket No. 03-048-3), we 
published a final rule that amended the fruits and vegetables 
regulations by adding a new Sec.  319.56-2rr, ``Administrative 
instructions: Conditions governing the importation of untreated 
grapefruit, sweet oranges, and tangerines from Mexico for processing,'' 
to provide for the importation of untreated citrus (grapefruit, sweet 
oranges, and tangerines) from Mexico for processing under certain 
conditions. Because the import requirements include additional measures 
beyond the designated measures, they need to remain in the regulations; 
those provisions appear in this final rule as Sec.  319-56-44.
    On August 23, 2006 (see 71 FR 49319-49326, Docket No. 00-086-2), we 
published a final rule that amended the plant quarantine safeguard 
regulations in 7 CFR part 352. Among other things, that final rule 
amended paragraph (e) of Sec.  352.30 by removing a reference to the 
State of Sonora in order to make it clear that oranges, tangerines, and 
grapefruit that are moving in transit to foreign countries may be 
imported into the United States from any municipality in Mexico that 
has been recognized as a fruit fly-free area. To reflect that change, 
we have removed the reference to Sonora in this final rule's revision 
of Sec.  352.30(e).
    On August 25, 2006 (see 71 FR 50320-50328, Docket No. APHIS-2006-
0096), we published an interim rule that, among other things, amended 
the general permit in Sec.  319.56-2(c) for fruits and vegetables grown 
in Canada to state that Canadian-grown fruits and vegetables are 
subject to the inspection and other requirements of Sec.  319.56-6 
(Sec.  319.56-3(d) in this final rule). In this final rule, we have 
amended the text of the general permit for fruits and vegetables grown 
in Canada, which now appears in Sec.  319.56-10(a), to reflect that 
change.
    On August 28, 2006 (see 71 FR 50837-50843, Docket No. APHIS-2006-
0009), we published a final rule that amended the regulations in Sec.  
319.56-2dd, ``Administrative instructions: Conditions governing the 
entry of tomatoes,'' by adding a new paragraph (f) to allow pink and 
red tomatoes grown in approved registered production sites in Costa 
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama to be 
imported into the United States. Because the import requirements 
include additional measures beyond the designated measures, they need 
to remain in the regulations; those provisions appear in this final 
rule as paragraph (f) of Sec.  319.56-28.
    On September 21, 2006 (see 71 FR 55087-55090, Docket No. APHIS 
2006-0025), we published a final rule that amended the fruits and 
vegetables regulations by adding a new Sec.  319.56-2ss, ``Conditions 
governing the entry of grapes from Namibia,'' to allow for the 
importation into the United States of fresh table grapes from Namibia 
under certain conditions. The final rule required that the grapes be 
cold treated for specific pests, fumigated for specific pests, 
accompanied by a phytosanitary certificate, and imported in commercial 
consignments only, all of which are measures that are eligible for the 
notice-based approach. Therefore, the provisions regarding the entry of 
table grapes from Namibia do not appear in this final rule; rather, 
those conditions will be listed in the fruits and vegetables manual.
    Section 319.56-30, ``Hass avocados from Michoacan, Mexico,'' has 
been updated to reflect the changes made in a technical amendment 
published on October 18, 2006 (see 71 FR 61373-61374, Docket No. 03-
022-7).
    On October 24, 2006 (see 71 FR 62197-62198, Docket No. APHIS-2006-
0073), we published a final rule that amended the fruits and vegetables 
regulations by adding a new Sec.  319.56-2bb, ``Conditions governing 
the entry of shelled garden peas from Kenya,'' to allow for the 
importation into the United States of shelled garden peas from Kenya 
into the continental United States under certain conditions. Because 
the import requirements include additional measures beyond the 
designated measures, they need to remain in the regulations; those 
provisions appear in this final rule as Sec.  319.56-45.
    On December 18, 2006 (see 71 FR 75649-75659, Docket No. 03-086-3), 
we published a final rule that made a number of amendments to the 
fruits and vegetables regulations that need to be reflected in this 
final rule. Specifically:
     We added a requirement that consignments of Allium spp. 
consisting of the whole plant or above ground parts be accompanied by a 
phytosanitary certificate issued by the NPPO of Canada with an 
additional declaration stating that the articles are free from

[[Page 39494]]

Acrolepipsis assectella (Zeller). That phytosanitary certificate 
requirement for Allium spp. from Canada appears in Sec.  319.56-10 of 
this final rule as paragraph (a)(1).
     We amended the table that has appeared in Sec.  319.56-2t 
by adding several fruits and vegetables and by revising existing 
entries for several fruits and vegetables. Many of those changes were 
reflected in our April 2006 proposed rule, and many of the commodities 
we added require only mitigations that are eligible for the notice-
based approach, so it is not necessary to list them in this final rule. 
There was, however, one commodity added to the table--citrus (Citrus 
spp.) fruit from New Zealand--that must meet requirements that go 
beyond the designated measures, so we have added an entry for New 
Zealand citrus to the table in Sec.  319.56-13 of this final rule. We 
also amended the entry for pineapple (Ananas spp.) fruit from South 
Africa to indicate that the fruit may only be imported into the 
continental United States. That change is also reflected in this final 
rule.
     We amended the conditions for importing tomatoes from 
Chile in Sec.  319.56-2dd(d) by adding provisions to allow the 
importation of tomatoes from Chile without treatment for Medfly and 
other pests if the tomatoes are grown and packed in accordance with 
specified requirements and accompanied by a phytosanitary certificate. 
Because those import requirements include additional measures beyond 
the designated measures, they need to remain in the regulations; those 
provisions appear in this final rule as paragraph (d)(2) in Sec.  
319.56-28.
     We amended the conditions for importing mangoes from the 
Philippines in Sec.  319.56-2ii by adding provisions to allow mangos to 
be imported from all areas of the Philippines, except the island of 
Palawan, into Guam and Hawaii under certain conditions. In this final 
rule, the provisions for importing mangoes from the Philippines, as 
amended by Docket No. 03-086-3, appear in Sec.  319.56-33.
    On March 12, 2007 (see 72 FR 10902-10907, Docket No. APHIS-2006-
0121), we published a final rule that amended the regulations by adding 
a new Sec.  319.56-2tt, ``Conditions governing the entry of mangoes 
from India,'' to allow the importation into the continental United 
States of mangoes from India under certain conditions. Because the 
import requirements include additional measures beyond the designated 
measures, they need to remain in the regulations; those provisions 
appear in this final rule as Sec.  319.56-46.
    On June 21, 2007 (see 72 FR 34163-34176, Docket No. APHIS-2006-
0040), we published a final rule that amended the fruits and vegetables 
regulations by adding a new Sec.  319.56-2uu, ``Administrative 
instructions: Conditions governing the entry of certain fruits from 
Thailand'' to allow the importation into the United States of litchi, 
longan, mango, mangosteen, pineapple, and rambutan from Thailand under 
certain conditions. Mango, mangosteen, pineapple and rambutan require 
only mitigations that are eligible for the notice-based approach, so it 
is not necessary to list them in this final rule. Litchi and longan, 
however, have labeling requirements, which go beyond the designated 
measures, so we have added entries for litchi and longan from Thailand 
to the table in Sec.  319.56-13 of this final rule.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be significant for the purposes of Executive 
Order 12866 and, therefore, has been reviewed by the Office of 
Management and Budget.
    We have prepared an economic analysis for this final rule. It 
provides a cost-benefit analysis as required by Executive Order 12866, 
as well as a final regulatory flexibility analysis that considers the 
potential economic effects of this final rule on small entities, as 
required by the Regulatory Flexibility Act. The economic analysis is 
summarized below. Copies of the full analysis are available from the 
person listed under FOR FURTHER INFORMATION CONTACT. Please refer to 
Docket No. APHIS-2005-0106 when requesting copies. The full analysis is 
also available on the Regulations.gov Web site (see footnote 1 at the 
beginning of this final rule for instructions for accessing 
Regulations.gov).
    In accordance with the Plant Protection Act (7 U.S.C. 7701 et 
seq.), the Secretary of Agriculture has the authority to promulgate 
regulations and take measures to prevent the spread of plant pests into 
or through the United States, which includes regulating the importation 
of fruits and vegetables into the United States. The Secretary has 
delegated the responsibility for enforcing the Plant Protection Act to 
the Administrator of APHIS.
    This rule revises and reorganizes the regulations pertaining to the 
importation of fruits and vegetables to consolidate requirements of 
general applicability and eliminate redundant requirements, update 
terms and remove outdated requirements and references, update the 
regulations that apply to importations of fruits and vegetables into 
U.S. territories, and make various editorial and nonsubstantive changes 
to regulations to make them easier to use. APHIS is also making 
substantive changes to the regulations, including: (1) Establishing 
criteria within the regulations that, if met, would allow APHIS to 
approve certain new fruits and vegetables for importation into the 
United States and to acknowledge pest-free areas in foreign countries 
without undertaking rulemaking; and (2) doing away with the process of 
listing specific commodities that may be imported subject to certain 
types of risk management measures. These changes are necessary to make 
the APHIS process for approving new imports and pest-free areas more 
effective and efficient while continuing to provide for public 
participation in the process.

Summary of Cost-Benefit Analysis

    International trade in fruits and vegetables--in particular, many 
new and newly traded commodities--expanded rapidly over the past two 
decades. This increased trade also reflects a marked change in the 
variety of products sought by American consumers. According to Food and 
Agriculture Organization (FAO) data, the average value share of fruits 
and vegetables (including pulses and tree nuts) in global agricultural 
exports increased from 11.7 percent in the period 1977-81 to 15.1 
percent in 1987-91 and reached an all-time high of 16.5 percent in 
1997-2001.\4\ Imports have become increasingly important for domestic 
fresh fruit and vegetable consumption. In 2004, the United States 
imported more than $7 billion in fresh fruits and vegetables. 
Maintaining the current process will make it difficult to keep pace 
with this rapidly increasing volume of import requests.
---------------------------------------------------------------------------

    \4\ Huang, Sophia Wu. Global Trade Patterns in Fruits and 
Vegetables. Chapter 2. Economic Research Service/USDA.
---------------------------------------------------------------------------

    The process for approving imports adopted in this rule will apply 
only to commodities that, based on the findings of our risk analyses, 
APHIS determines can be safely imported subject to one or more of the 
designated risk management measures.
    By eliminating the need for specific prior rulemaking for notice-
based

[[Page 39495]]

process commodities, considerable time savings could be reaped. The 
current process for approving new imports takes a notable period of 
time, ranging on average from 18 months to upwards of 3 years 
(beginning with the initial request and ending with the publication of 
the final rule). A significant portion of this time is accounted for in 
the rulemaking process. This rule will reduce the time needed for the 
administrative portion of the approval process of some fruits and 
vegetables for import without eliminating opportunity for public 
participation in our analysis of risk and without affecting the 
science-based review of the request. In addition, this rule will help 
relieve the burden on the APHIS regulatory mechanism, given the volume 
of new commodity import requests APHIS has been receiving, and the 
large volume of rulemaking initiatives already underway in APHIS.
    Consumers benefit from the ability to purchase fruits and 
vegetables from a variety of sources, foreign as well as domestic. 
Consumer expenditures for fruit and vegetables are growing faster than 
for any food group other than meats. Many of the commodities that will 
be covered by this rule are niche products, currently unavailable or 
limited in availability in the United States. This rule allows 
importers to more quickly meet consumer demand for those niche 
products. In addition, climate causes most domestic fruit and vegetable 
production to be seasonal, with the largest harvests occurring during 
the summer and fall. Imports supplement domestic supplies, especially 
of fresh products during the winter, resulting in increased choices for 
consumers. Even where the new imports would compete directly with 
domestic production, consumers would benefit when increased competition 
results in lower prices.
    In the current process, once APHIS has conducted a risk analysis 
and identified what phytosanitary measures are necessary to address the 
pest risk posed by the commodity subject to an import request, APHIS 
then proceeds through rulemaking. Through rulemaking, APHIS amends the 
fruits and vegetables regulations by listing the commodity from a 
specific part of the world as eligible, under specified conditions, for 
importation into the United States. Some import requests that might 
otherwise have very quickly led to new imports are delayed considerably 
by the rulemaking process. One reason for this is the complexities of 
the rulemaking process itself. There are certain statutory, executive 
branch, and departmental process requirements that are typically not 
required under a notice-based process. Another is the nature of the 
requests. Few if any of these requests warrant an entire rulemaking in 
and of themselves. These requests are primarily for small volume 
imports either because they are specialty crops or are grown in limited 
quantities in the requesting area. Therefore these requests, when their 
risk analyses have been completed and needed phytosanitary measures 
have been identified, are necessarily grouped together for movement 
through the rulemaking process. These changes, along with other minor 
regulatory changes, are covered in rulemakings referred to as periodic 
amendments to Q56.
    A significant number of the commodity import requests that APHIS 
receives will likely fit the notice-based process criteria as laid out 
in this rule. The number of import requests has grown significantly. As 
noted previously, there are currently approximately 400 commodity 
import requests that are pending before APHIS, of which approximately 
70 are awaiting assignment and prioritization and 110 are in various 
stages of development; the remainding requests are incomplete or 
otherwise lacking and a response to our inquiries has not yet been 
received from the requestor. Because of the nature of the import 
requests likely to qualify for the notice-based approach, those 
commodities would most likely otherwise be included in periodic 
amendments to Q56.
    Included in the 11th periodic amendment \5\ were numerous herbs 
from Central America, figs from Mexico, peppers from Chile, cape 
gooseberry from Colombia, longan from China, persimmon from Spain, 
yard-long-bean from Nicaragua, and yellow pitaya from Colombia. These 
commodities would fit the notice-based process criteria of this rule, 
subject only to designated mitigation measures. Had these commodities 
followed the notice-based process of this rule, these commodities would 
have been available to U.S. consumers far sooner than was actually the 
case. For example, all of the pest risk analyses and risk management 
decisions associated with the herbs from Central America were completed 
by the end of 2001. The final rule allowing the import of these 
commodities was not published and effective until June 25, 2003.
---------------------------------------------------------------------------

    \5\ Importation of Fruits and Vegetables. Final Rule. Docket No. 
02-024-6. Federal Register/Vol. 68, No. 122/Wednesday, June 25, 
2003/Rules and Regulations.
---------------------------------------------------------------------------

    In 2004 and 2005, approximately 454,000 kg of the above commodities 
were imported into the United States from the countries covered in the 
amendment. It is estimated that the average monthly value per commodity 
of these consignments was about $3,900.\6\ A significant percentage of 
commodity import requests currently being processed by APHIS may fit 
the notice-based process criteria of this rule. The rulemaking process 
is an inherently longer process than a notice-based process. There are 
complexities in the rulemaking process that are not present in the 
notice-based process. In addition, few if any of the requests that 
would fall into the notice-based process warrant an entire rulemaking 
in and of themselves, and are therefore grouped with other commodities 
for rulemaking. Therefore, a notice-based approach to commodity import 
approvals could be 6 to 12 months shorter than under a rulemaking 
approach.
---------------------------------------------------------------------------

    \6\ Shipment information was obtained from APHIS' PQ280 
database. Information on value is from the U.S. Census Bureau, 
Foreign Trade Statistics (for cowpeas, figs, fruit not elsewhere 
specified, other spices and herbs, other berries, and peppers) for 
2004 and 2005, in 2005 dollars.
---------------------------------------------------------------------------

    For the purposes of estimating the benefits of a notice-based 
approach to approving commodity import requests, we make the following 
assumptions: The commodities that are approved for import under this 
notice-based process have values similar to those approved under the 
11th periodic amendment; 30 to 50 percent (120 to 200) of current 
commodity import requests would be approved under this process; and 
those commodities approved in the notice-based process would reach the 
U.S. market 6 to 12 months earlier than they would under rulemaking.
    Based on these assumptions, we could expect imports valued at 
between $2.8 million and $9.4 million to occur under a notice-based 
process that would not occur under the current rulemaking process. 
These added sales represent benefits of this rule. The rule will also 
have the benefit of improving trade relations with other countries by 
speeding import approvals. In addition, by moving to a notice-based 
process for certain commodities, fewer APHIS resources will have to be 
devoted to rulemaking for these commodities.
    This rule does not alter the manner in which the risks associated 
with a commodity import request are evaluated, nor does it alter the 
manner in which those risks are ultimately mitigated. The change merely 
allows a new commodity import to move more quickly into commerce to the 
benefit of consumers once it has been determined

[[Page 39496]]

that the commodity can be safely imported subject to one or more 
designated risk management measures.
    APHIS currently recognizes changes in the pest-free status of 
countries via rulemaking. Under this rule, APHIS will use Federal 
Register notices and public comment to acknowledge pest-free areas in 
foreign countries without undertaking rulemaking. This will allow APHIS 
to be more responsive in recognizing changes in the pest-free status of 
foreign areas.
    This rule also clarifies and strengthens requirements regarding 
safeguarding of fruits and vegetables that are imported from pest-free 
areas. These safeguards provide necessary protection of imported 
commodities against pest infestations while they are in transit to the 
United States and are consistent with standard operating procedures of 
all current programs that export fruits and vegetables from pest-free 
areas. These changes should therefore have little, if any, impact on 
users of the system.
    The commodities approved under the notice-based approach will no 
longer be listed in the regulations, nor will commodities that are 
currently approved for importation subject to one or more of the 
designated measures described previously be listed. Rather, the fruits 
and vegetables manual \7\ will contain a listing of all commodities 
approved for importation into the United States and will serve as a 
comprehensive list and reference of enterable fruits and vegetables. In 
addition, as stated previously, we are in the process of converting 
APHIS' fruits and vegetables manual into a searchable database that 
will allow interested persons to search by commodity or by country, and 
that will list clearly the conditions that apply to each particular 
commodity from a specified country. We anticipate having the system 
operating by the end of 2007.
---------------------------------------------------------------------------

    \7\ The manual, ``Fresh Fruits and Vegetables Import Manual,'' 
can be viewed on the Internet at http://www.aphis.usda.gov/import_
export/plants/manuals/ports/downloads/fv.pdf.
---------------------------------------------------------------------------

    These changes will not alter the decisionmaking process for 
determining whether a commodity is approved for importation, merely how 
that decision is presented.
    This rule makes several changes to the issuance of permits for the 
importation of fruits and vegetables. This rule amends the regulations 
pertaining to permits to state that certain dried, cured, or processed 
fruits and vegetables; certain fruits and vegetables grown in Canada; 
and certain fruits and vegetables grown in the British Virgin Islands 
that are imported into the U.S. Virgin Islands; may be imported without 
a permit, while all other fruits and vegetables must be imported under 
permit. Because this change merely removes an unnecessarily confusing 
distinction between specific and general written permits, the change 
should have little, if any, impact on users.
    Other current provisions regarding application for permits; 
issuance of permits; amendment, denial, or withdrawal of permits; and 
appeals are relocated in this rule. The provisions for applying for 
permits are also updated to reflect the various means now available for 
applying for permits. These changes will not affect program operations, 
and should therefore have little, if any, impact on users of the 
system.
    This rule revises, reorganizes, and updates some of the 
regulations, updates terms and removes outdated requirements and 
references, and makes various editorial and nonsubstantive changes to 
regulations to make them easier to use. The reorganization of the 
regulations does not affect any requirements for importing commodities 
but simplifies the regulations and organizes them to facilitate future 
revisions. In addition, this rule also clarifies treatment requirements 
in 7 CFR part 305. These changes do not represent a change in program 
operations and therefore should not affect users of the system.
    This rule also amends the various restrictions on the importation 
of okra from countries where the pink bollworm is known to exist. The 
regulations were outdated and contained differing restrictions for the 
importation of okra from countries even though the regulations are all 
aimed at excluding pink bollworm from the United States. Under this 
rule, all imports from pink bollworm-infested areas are subject to the 
same requirements. The conditions are equivalent to our domestic 
regulations that pertain to pink bollworm.
    In 2004, okra was imported from 11 countries into the United States 
with a value of $17.4 million. Mexico has been the primary source of 
these imports. In 2004, Mexico accounted for nearly 70 percent of the 
imports. Other major sources are El Salvador, Honduras, and Nicaragua, 
which together accounted for the remainder of the okra imports in 2004.
    Currently, the regulations contain varying restrictions on the 
importation of okra from countries where pink bollworm is known to 
exist. These restrictions include fumigation of imports from pink 
bollworm infested countries that are moving into infested areas of the 
United States. This rule removes this restriction. This may reduce the 
cost associated with some imports. However, this change will primarily 
impact Mexican imports. Mexico is already, by far, the United States' 
largest foreign source of okra. In addition, this change only affects a 
limited portion of those okra imports. Therefore, this change should 
have at most a minor effect on okra imports and domestic okra prices.
    This rule also updates the regulations to reflect current APHIS 
operating practices regarding biometric sampling of apricots, 
nectarines, peaches, plumcot, and plums from Chile. Under the rule, the 
current sampling regimens are removed and replaced with provisions that 
require sampling, but do not specify the percentage of fruit to be 
sampled or the confidence level of the inspection. Chile is the primary 
source of U.S. stone fruit imports, accounting for more than 97 percent 
$73 million in such imports in 2005. However, these modifications in 
this rule do not represent a change in current program operations and 
therefore should not affect users of the system.
    In sum, APHIS expects little impact on the total volume of U.S. 
imports of fruits and vegetables, with small effects on U.S. marketers 
and consumers. In addition, those additional measures in this rule that 
affect specific commodities are also expected to have limited impact. 
The main portions of this rule represent a significant structural 
revision of the fruits and vegetables import regulations and establish 
a new process for approving certain new commodities for importation 
into the United States. However, those commodity import requests most 
likely to qualify for the notice-based process are for small volume 
imports. This is either because they are for specialty crops that are 
currently unavailable or limited in availability in the United States, 
or are for crops grown in limited quantities in the requesting area. In 
addition, the rule does not alter the conditions for importing the 
majority of currently approved fruits or vegetables.
    Of particular note with respect to the changes to the approval 
process, the change merely allows a new commodity import to move more 
quickly into commerce to the benefit of consumers once it has been 
determined that the commodity can be safely imported subject to one or 
more designated risk management measures. The rule does not alter the 
manner in which the risk associated with a commodity import request is 
evaluated, nor does it alter the manner in which those risks are

[[Page 39497]]

ultimately mitigated. Consumers will have quicker access to imported 
fruits and vegetables, though risks will still be evaluated and 
appropriate mitigations required, as they are currently. Also, given 
the growing number of requests to ship foreign fruits and vegetables to 
the United States, some trading partners may perceive the time required 
to conduct the rulemaking process as a barrier to trade. Such 
perception may impede their consideration of U.S. requests to ship U.S. 
commodities to their markets. To the extent our trading partners 
consider the time it takes to conduct the rulemaking process a trade 
barrier, as many of them do, this rule may facilitate the export of 
U.S. agricultural commodities.

Summary of Regulatory Flexibility Analysis

Objectives of and Legal Basis

    By eliminating the need for specific prior rulemaking for notice-
based process commodities, considerable time savings could be reaped. 
The current process for approving new imports takes a notable period of 
time, ranging on average from 18 months to 3 years (beginning with the 
initial request and ending with the publication of the final rule).
    Consumers benefit from the ability to purchase fruits and 
vegetables from a variety of sources, foreign as well as domestic. Many 
of the commodities that likely to be covered by this rule are niche 
products, unavailable or limited in availability in the United States. 
This rule will allow importers to more quickly meet consumer demand for 
those niche products. In addition, climate causes most domestic fruit 
and vegetable production to be seasonal, with the largest harvests 
occurring during the summer and fall. Imports supplement domestic 
supplies, especially of fresh products during the winter, resulting in 
increased choices for consumers. Even where the new imports would 
compete directly with domestic production, consumers would benefit when 
increased competition results in lower prices.
    Under the regulations in ``Subpart-Fruits and Vegetables,'' APHIS 
prohibits or restricts the importation of fresh fruits and vegetables 
into the United States from certain parts of the world to prevent the 
introduction and spread of plant pests that are new to or not widely 
distributed within the United States. Those regulations are based on 
our authority under the Plant Protection Act.

Significant Issues Raised by Public Comments

    In accordance with 5 U.S.C. 603, we prepared an initial regulatory 
flexibility analysis for the interim rule. We invited comments about 
the interim rule as it relates to small entities and stated that we 
were interested in determining the number and kind of small entities 
that may incur benefits or costs from implementation of the interim 
rule. We did not receive any comments that were responsive to our 
request for additional economic information.

Description and Estimate of Small Entities

    Those entities most likely to be economically affected by the rule 
are domestic importers and producers of fruits and vegetables. The 
Small Business Administration (SBA) has established guidelines for 
determining which establishments are to be considered small. Import/
export merchants, agents, and brokers are identified within the broader 
wholesaling trade sector. A firm primarily engaged in wholesaling fresh 
fruits and vegetables is considered small if it employs not more than 
100 persons. In 1997,\8\ more than 96 percent (5,456 of 5,657) of fresh 
fruit and vegetable wholesalers would be considered small by SBA 
standards.\9\ All types of fruit and vegetable farms are considered 
small if they have annual receipts of $0.75 million or less. With some 
exceptions, vegetable and melon farms are largely individually owned 
and relatively small, with two-thirds harvesting fewer than 25 acres. 
In 2002, between 80 and 84 percent of vegetable and melon farms would 
be considered small. Similarly, although numbers have declined, fruit 
and tree nut production is still dominated by small family or 
individually run farm operations. In 2002, between 92 and 95 percent of 
all fruit and tree nut farms would be considered small.\10\
---------------------------------------------------------------------------

    \8\ Establishment and firm size is not yet available for the 
2002 Economic Census.
    \9\ 1997 Economic Census. Department of Commerce, U.S. Bureau of 
the Census. North American Industry Classification System (NAICS) 
Category 424480 (Fresh fruit & vegetable wholesalers).
    \10\ 1997 Census of Agriculture. USDA, National Agricultural 
Statistics Service. NAICS Categories 1112 (Vegetable and melon 
farming) and 1113 (Fruit and tree nut farming).
---------------------------------------------------------------------------

    The number of entities that will be affected by this rule is 
unknown but those affected would likely be considered small entities. 
However, based on the information that is available, the effects of 
this rule should be small whether the entity affected is small or 
large. Those commodity import requests most likely to qualify for the 
notice-based process are for small volume imports. This is either 
because they are for specialty crops currently unavailable or limited 
in availability in the United States, or are for crops grown in limited 
quantities in the requesting area. This rule merely allows a new 
commodity import to move more quickly into commerce to the benefit of 
consumers once it has been determined that the commodity can be safely 
imported subject to one or more designated risk management measures. 
Hence, we expect little impact on the total volume of U.S. imports of 
fruits and vegetables, with small effects on U.S. marketers and 
consumers.

Reporting, Recordkeeping, and Other Compliance Requirements for Small 
Entities

    These requirements are addressed in the proposed rule and later in 
this document under the heading ``Paperwork Reduction Act.''

Alternatives

    One alternative to this rule considered was to simply continue 
under APHIS' current process of authorizing the importation of fruits 
and vegetables. In this case, we would continue to list all newly 
approved fruits and vegetables in the regulations through notice-and-
comment rulemaking, as we have been doing since 1987. This approach is 
no longer satisfactory, because the number of requests we receive from 
foreign exporters and domestic importers to amend the regulations has 
been steadily increasing. Maintaining the current process will make it 
difficult to keep pace with the volume of import requests. Therefore, 
this alternative was rejected. We believe that the new approach will 
enable us to be more responsive to the import requests of our trading 
partners while maintaining the transparency of our decisionmaking 
afforded by notice-and-comment rulemaking.
    Prior to 1987, APHIS authorized the importation of a fruit or 
vegetable by simply issuing a permit once the Agency was satisfied that 
the relevant criteria in the regulations had been met. Another 
alternative to this rule was to return to this method of authorizing 
fruit and vegetable importations. This approach is unsatisfactory, 
because it does not provide the opportunity for public analysis of and 
comment on the science associated with such imports. Therefore, this 
alternative was rejected. Again, we believe that the new approach will 
enable us to be more responsive to the import requests of our

[[Page 39498]]

trading partners while maintaining the transparency of our 
decisionmaking afforded by notice-and-comment rulemaking.

Executive Orders 12988 and 13132

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform, and Executive Order 13132, Federalism. This rule: 
(1) Preempts all State and local laws and regulations that are 
inconsistent with this rule; (2) has no retroactive effect; and (3) 
does not require administrative proceedings before parties may file 
suit in court challenging this rule.
    Because the rule's preemptive effect is derived from an express 
statutory provision, this rule does not have federalism implications 
within the meaning of Executive Order 13132, and therefore does not 
warrant the preparation of a federalism summary impact statement.
    Specifically, pursuant to section 436 of the Plant Protection Act, 
no State or political subdivision of a State may regulate in foreign 
commerce any article, means of conveyance, plant, biological control 
organism, plant pest, noxious weed, or plant product in order to 
control a plant pest or noxious weed, to eradicate a plant pest or 
noxious weed, or to prevent the introduction or dissemination of a 
biological control organism, plant pest, or noxious weed. State and 
local laws and regulations regarding fruits and vegetables imported 
under the provisions of this rule are preempted. USDA's longstanding 
interpretation of the scope of the preemption remains unchanged. 
Because fresh fruits and vegetables are generally imported for 
immediate distribution and sale to the consuming public, they remain in 
foreign commerce until sold to the ultimate consumer.

National Environmental Policy Act

    The majority of the regulatory changes in this document are 
nonsubstantive, and would therefore have no effects on the environment. 
However, this rule will allow APHIS to approve certain new fruits and 
vegetables for importation into the United States without undertaking 
rulemaking. Despite the fact that those fruits and vegetable imports 
will no longer be contingent on the completion of rulemaking, the 
requirements of the National Environmental Policy Act of 1969 (NEPA), 
as amended (42 U.S.C. 4321 et seq.) will still apply. As such, for each 
additional fruit or vegetable approved for importation, APHIS will make 
available to the public documentation related to our analysis of the 
potential environmental effects of such new imports. This documentation 
will likely be made available at the same time and via the same Federal 
Register notice as the risk analysis for the proposed new import.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0293.

E-Government Act Compliance

    APHIS is committed to compliance with the E-Government Act to 
promote the use of the Internet and other information technologies, to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes. For information 
pertinent to E-Government Act compliance related to this rule, please 
contact Mrs. Celeste Sickles, APHIS' Information Collection 
Coordinator, at (301) 734-7477.

Lists of Subjects

7 CFR Part 305

    Agricultural commodities, Chemical treatment, Cold treatment, 
Garbage treatment, Heat treatment, Imports, Irradiation, Phytosanitary 
treatment, Plant diseases and pests, Quarantine, Quick freeze, 
Reporting and recordkeeping requirements, Transportation.

7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

7 CFR Part 352

    Customs duties and inspection, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Transportation.


0
Accordingly, we are amending 7 CFR chapter III as follows:

PART 305--PHYTOSANITARY TREATMENTS

0
1. The authority citation for part 305 continues to read as follows:

    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.


Sec.  305.2  [Amended]

0
2. In Sec.  305.2, paragraph (h)(2)(i), the table is amended as 
follows:

0
a. In the entry for acorns and chestnuts from all countries, by 
removing the reference to ``Sec.  319.56-2b'' and adding a reference to 
``Sec.  319.56-11'' in its place.
0
b. In the entry for yam from all countries, by removing the words 
``(see Sec.  319.56-2l of this chapter)''.
0
c. In the entry for papaya from Belize, by removing the words ``(see 
Sec.  319.56-2(j) of this part)''.
0
d. In the entry for cherimoya from Chile, by removing the words ``(see 
Sec.  319.56-2z of this chapter for additional treatment 
information)''.

0
3. A new Sec.  305.3 is added to read as follows:


Sec.  305.3  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 from the 
national plant protection organization (NPPO) of the exporting country. 
If monitored and certified by an official of the NPPO of the exporting 
country, the treated commodities must be accompanied by a phytosanitary 
certificate issued by the NPPO of the exporting country certifying that 
treatment was applied in accordance with APHIS regulations. The 
phytosanitary certificate must be provided to an inspector when the 
commodity is offered for entry into the United States. 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.

0
4. Section 305.15 is revised to read as follows:


Sec.  305.15  Treatment requirements.

    (a) Approval of treatment facilities. All facilities or locations 
used for refrigerating fruits or vegetables in accordance with Sec.  
305.16 must be approved by APHIS. Re-approval of the facility or 
carrier is required annually, or as often as APHIS directs, depending 
on treatments performed, commodities handled, and operations conducted 
at the facility. In order to be approved, 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.

[[Page 39499]]

    (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] longitude 
and east of 104[deg] latitude 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 precooling and holding fruits or vegetables at 
temperatures less than or equal to 2.2 [deg]C (36 [deg]F) or the 
maximum temperature prescribed in an approved treatment schedule for 
any fruit or vegetable that is to be treated in the enclosure.
    (2) Maintain pulp temperatures according to treatment schedules 
with no more than a 0.3 [deg]C (0.54 [deg]F) variation in temperature.
    (3) Be structurally sound and adequate to maintain required 
temperatures.
    (4) Be equipped with recording devices, such that automatic, 
continuous temperature records are maintained and secured. Recording 
devices must be capable of generating temperature charts for 
verification of treatment by an inspector.
    (d) Precooling. Before loading in cold treatment containers, 
packages of fruit must be precooled to a treatment temperature or to a 
uniform temperature not to exceed 4.5 [deg]C (40 [deg]F) or precooled 
at the terminal to 2.2 [deg]C (36 [deg]F).
    (1) Treatment in transit. Fruit that is to be treated in transit 
must be precooled either at a dockside refrigeration plant prior to 
loading aboard the carrying vessel, or aboard the carrying vessel. If 
precooling is accomplished prior to loading aboard the carrying vessel, 
an official authorized by the national plant protection organization 
(NPPO) of the country of origin must supervise the precooling operation 
and certify the treatment by recording pulp temperatures of fruit 
sampled at different locations of the lot to ensure that the precooling 
was complete and uniform.
    (2) Treatment upon arrival in the United States. Fruit that is to 
be treated upon arrival in the United States must arrive at a 
temperature sufficiently low to prevent insect activity and must be 
promptly precooled and refrigerated. Fruit to be both precooled and 
refrigerated after arrival in the United States must be delivered to 
the treatment facility subject to safeguards required by an inspector.
    (e) Treatment procedures. (1) All material, labor, and equipment 
for cold treatment performed on vessels must be provided by the vessel 
or vessel agent.
    (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) Breaks, damage, etc., in the treatment enclosure that preclude 
maintaining correct temperatures must be repaired before use.
    (5) An inspector must approve loading of compartment, number and 
placement of sensors, and initial fruit temperature readings before 
beginning the treatment.
    (6) At least three temperature sensors must be used in the 
treatment compartment during treatment.
    (7) The time required to complete the treatment begins when the 
temperature inside the fruit reaches the required 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.
    (8) 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 
will be treated.
    (9) Fruit must be stacked to allow cold air to be distributed 
throughout the enclosure, with no pockets of warmer air, and to allow 
random sampling of pulp temperature in any location in load. 
Temperatures must be recorded at intervals no longer than 1 hour apart. 
Gaps of longer than 1 hour may invalidate the treatment or indicate 
treatment failure.
    (10) Cold treatment is not completed until so designated by an 
inspector or the certifying official of the foreign country; 
consignments of treated commodities may not be discharged until full 
APHIS clearance has been completed, including review and approval of 
treatment record charts.
    (11) Pretreatment conditioning (heat shock or 100.4 [deg]F for 10 
to 12 hours) of fruits is optional and is the responsibility of the 
shipper.
    (12) Cold treatment of fruits in break-bulk vessels or containers 
must be initiated by an inspector if there is not a treatment 
technician who has been trained to initiate cold treatments for either 
break-bulk vessels or containers.
    (13) Inspection of fruits after cold treatment for Mediterranean 
fruit fly. 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.
    (14) Caution and disclaimer. 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.
    (15) Additional requirements for treatments performed after arrival 
in the United States.
    (i) 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 this section, must meet 
the following special conditions:
    (A) 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.
    (B) 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.
    (C) Advance reservations for cold treatment space must be made 
prior to the departure of a consignment from its port of origin.

[[Page 39500]]

    (D) The cold treatment facility must remain locked during non-
working hours.
    (ii) 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:
    (A) 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.
    (B) 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.
    (C) Advance reservations for cold treatment space must be made 
prior to the departure of a consignment from its port of origin.
    (D) The cold treatment facility must remain locked during non-
working hours.
    (E) Blacklight or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square 
miles surrounding the cold treatment facility.
    (F) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (iii) 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:
    (A) Bulk and containerized consignments of fruit must arrive in 
fruit fly-proof packaging that prevents the escape of adult, larval, or 
pupal fruit flies.
    (B) 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.
    (C) 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 cold treatment 
facility will not be allowed until an acceptable route has been agreed 
upon.
    (D) Advance reservations for cold treatment space must be made 
prior to the departure of a consignment from its port of origin.
    (E) The cold treatment facility must remain locked during non-
working hours.
    (F) Blacklight or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square 
miles surrounding the cold treatment facility.
    (G) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (iv) 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 section, must meet the following 
special conditions:
    (A) 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.
    (B) 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.
    (C) 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.
    (D) 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.
    (E) Advance reservations for cold treatment space at the port must 
be made prior to the departure of a consignment from its port of 
origin.
    (F) Devanning, the unloading of fruit from containers into the cold 
treatment facility, must adhere to the following requirements:
    (1) All containers must be unloaded within the cold treatment 
facility; and
    (2) Untreated fruit may not be exposed to the outdoors under any 
circumstances.
    (G) The cold treatment facility must remain locked during non-
working hours.
    (H) Blacklights or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail 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.
    (I) 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.
    (J) The cold treatment facility must have the ability to conduct 
methyl bromide fumigations on site.
    (K) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (f) 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.
    (g) 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.
    (h) Work plans. Facilities located outside the United States may 
operate in accordance with a bilateral work plan. The work plan, 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 work plans must contain requirements 
for equipment, temperature, circulation,

[[Page 39501]]

and other operational requirements for performing cold treatment to 
ensure that cold treatments are administered properly. Work plans 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. Work plans must allow officials of the NPPO 
and APHIS to inspect the facility to monitor compliance with APHIS 
regulations.


Sec.  305.17  [Amended]

0
5. In ( 305.17, paragraph (a) is amended by removing the citation 
``319.56-2c'' and adding the citation ``319.56-12'' in its place.


Sec.  305.31   [Amended]

0
6. In Sec.  305.31, paragraph (n), the first sentence after the 
paragraph heading is amended by removing the words ``fruit flies'' and 
adding the words ``plant pests'' in their place.

PART 319--FOREIGN QUARANTINE NOTICES

0
7. The authority citation for part 319 continues to read as follows:

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


Sec.  319.28  [Amended]

0
8. Section 319.28 is amended as follows:
0
a. In paragraph (a)(2), by removing the words ``(except as provided by 
Sec.  319.56-2f of this part)''.
0
b. In paragraph (e), by removing the words ``the Fruits and Vegetables 
Quarantine (Sec.  319.56)'' and adding the words ``Subpart--Fruits and 
Vegetables of this part'' in their place.


Sec.  319.37-2  [Amended]

0
9. In Sec.  319.37-2, paragraph (a), in the table, the entry for 
``Cocos nucifera'' is amended by removing the citation ``Sec.  319.56'' 
in column 1 and adding the citation ``Sec.  319.56-11'' in its place.


Sec.  319.40-2   [Amended]

0
10. In Sec.  319.40-2, paragraph (c) is amended by removing the words 
``Sec. Sec.  319.56 through 319.56-8,''.


Sec.  319.40-9  [Amended]

0
11. In Sec.  319.40-9, paragraph (a)(4)(i), footnote 4 is amended by 
removing the words ``Sec. Sec.  319.56 through 319.56-8,''.


Sec.  319.41a  [Amended]

0
12. In Sec.  319.41a, paragraph (c) is amended by removing the citation 
``Sec.  319.56-2'' and adding the citation ``Sec.  319.56-3'' in its 
place.

0
13. Subpart--Fruits and Vegetables, Sec. Sec.  319.56 through 319.56-8, 
is revised to read as follows:

Subpart--Fruits and Vegetables

Sec.
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 through 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 through 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 Brazil.
319.56-26 Melon and watermelon from certain countries in South 
America.
319.56-27 Fuji variety 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 Clementines, mandarins, and tangerines 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.

Subpart--Fruits and Vegetables


Sec.  319.56-1  Notice of quarantine.

    (a) Under section 412(a) of the Plant Protection Act, the Secretary 
of Agriculture may prohibit or restrict the importation and entry 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 importation into the United States of fruits and vegetables and 
associated plants and portions of plants except as provided in this 
part.


Sec.  319.56-2  Definitions.

    Above ground parts. Any plant parts, such as stems, leaves, fruit, 
or inflorescence (flowers), that grow solely above the soil surface.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the United States Department of Agriculture delegated 
to act in his or her stead.
    APHIS. The Animal and Plant Health Inspection Service, United 
States Department of Agriculture.
    Commercial consignment. A lot of fruits or vegetables that an 
inspector identifies as having been imported for sale and distribution. 
Such identification will be based on a variety of indicators, 
including, but not limited to: Quantity of produce, type of packaging, 
identification of grower or packinghouse on the packaging, and 
documents consigning the fruits or vegetables to a wholesaler or 
retailer.
    Commodity. A type of plant, plant product, or other regulated 
article being moved for trade or other purpose.
    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 phytosanitary 
certificate (a consignment may be composed of one or more commodities 
or lots).
    Country of origin. Country where the plants from which the plant 
products are derived were grown.
    Cucurbits. Any plants in the family Cucurbitaceae.
    Field. A plot of land with defined boundaries within a place of 
production on which a commodity is grown.
    Frozen fruit or vegetable. Any variety of raw fruit or vegetable 
preserved by commercially acceptable freezing methods in such a way 
that the

[[Page 39502]]

commodity remains at -6.7 [deg]C (20 [deg]F) or below for at least 48 
hours prior to release.
    Fruits and vegetables. A commodity class for fresh parts of plants 
intended for consumption or processing and not for planting.
    Import and importation. To move into, or the act of movement into, 
the territorial limits of the United States.
    Inspector. Any individual authorized by the Administrator of APHIS 
or the Commissioner of the Bureau of Customs and Border Protection, 
Department of Homeland Security, to enforce the regulations in this 
subpart.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    National plant protection organization (NPPO). Official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.
    Noncommercial consignment. A lot of fruits or vegetables that an 
inspector identifies as having been imported for personal use and not 
for sale.
    Permit. A written, oral, or electronically transmitted 
authorization to import fruits or vegetables in accordance with this 
subpart.
    Phytosanitary certificate. A document, including electronic 
versions, that is related to a consignment and that:
    (1) Is patterned after the model certificate of the International 
Plant Protection Convention (IPPC), a multilateral convention on plant 
protection under the authority of the Food and Agriculture Organization 
of the United Nations (FAO);
    (2) Is issued by an official of a foreign national plant protection 
organization in one of the five official languages of the FAO;
    (3) Is addressed to the plant protection service of the United 
States (Animal and Plant Health Inspection Service);
    (4) Describes the consignment;
    (5) Certifies the place of origin for all contents of the 
consignment;
    (6) Certifies that the consignment has been inspected and/or tested 
according to appropriate official procedures and is considered to be 
free from quarantine pests of the United States;
    (7) Contains any additional declarations required by this subpart; 
and
    (8) Certifies that the consignment conforms with the phytosanitary 
requirements of the United States and is considered eligible for 
importation pursuant to the laws and regulations of the United States.
    Phytosanitary measure. Any legislation, regulation, or official 
procedure having the purpose to prevent the introduction and/or spread 
of quarantine pests, or to limit the economic impact of regulated non-
quarantine pests.
    Place of production. Any premises or collection of fields operated 
as a single production or farming unit. This may include a production 
site that is separately managed for phytosanitary purposes.
    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.
    Port of first arrival. The first port within the United States 
where a consignment is offered for consumption entry or offered for 
entry for immediate transportation in bond.
    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, or premises.
    Quarantine pest. A pest of potential economic importance to the 
area endangered by it and not yet present there, or present but not 
widely distributed there and being officially controlled.
    United States. All of the States of the United States, the 
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, and any other territory or possession of the United States.
    West Indies. The foreign islands lying between North and South 
America, the Caribbean Sea, and the Atlantic Ocean, divided into the 
Bahamas, the Greater Antilles (including Hispaniola), and the Lesser 
Antilles (including the Leeward Islands, the Windward Islands, and the 
islands north of Venezuela).


Sec.  319.56-3  General requirements for all imported fruits and 
vegetables.

    All fruits and vegetables that are allowed importation under this 
subpart must be imported in accordance with the following requirements, 
except as specifically provided otherwise in this subpart.
    (a) Freedom from plant debris. All fruits and vegetables imported 
under this subpart, whether in commercial or noncommercial 
consignments, must be free from plant debris, as defined in Sec.  
319.56-2.
    (b) Permit. (1) All fruits and vegetables imported under this 
subpart, whether commercial or noncommercial consignments, must be 
imported under permit issued by APHIS, must be imported under the 
conditions specified in the permit, and must be imported in accordance 
with all applicable regulations in this part; except for:
    (i) Dried, cured, or processed fruits and vegetables (except frozen 
fruits and vegetables), including cured figs and dates, raisins, nuts, 
and dried beans and peas, except certain acorns and chestnuts subject 
to Sec.  319.56-11 of this subpart;
    (ii) Fruits and vegetables grown in Canada (except potatoes from 
Newfoundland and that portion of the Municipality of Central Saanich in 
the Province of British Columbia east of the West Saanich Road, which 
are prohibited importation into the United States); and
    (iii) Fruits and vegetables, except mangoes, grown in the British 
Virgin Islands that are imported into the U.S. Virgin Islands.
    (2) Applying for a permit. Permit applications must be submitted in 
writing or electronically as provided in this paragraph and must be 
submitted in advance of the proposed importation. Applications must 
state the country or locality of origin of the fruits or vegetables, 
the anticipated port of first arrival, the name and address of the 
importer in the United States, and the identity (scientific name 
preferred) and quantity of the fruit or vegetable. Use of PPQ Form 587 
or Internet application is preferred.
    (i) By mail. Persons who wish to apply by mail for a permit to 
import fruits or vegetables into the United States must submit their 
application to the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Permit Services, 4700 River Road Unit 136, 
Riverdale, MD 20737-1236.
    (ii) Via the Internet. Persons who wish to apply for a permit to 
import fruits or vegetables into the United States via the internet 
must do so using APHIS Plant Protection and Quarantine's permit Web 
site at http://www.aphis.usda.gov/plant_health/permits/index.shtml.
    (iii) By fax. Persons who wish to apply by fax for a permit to 
import fruits or vegetables into the United States must do so by faxing 
their application to: Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Permit Services, (301) 734-5786.
    (3) Issuance of permits. If APHIS approves a permit application, 
APHIS will issue a permit specifying the

[[Page 39503]]

conditions applicable to the importation of the fruit or vegetable.
    (4) Issuance of oral permits. Oral permits may be issued at ports 
of entry for noncommercial consignments if the commodity is admissible 
with inspection only. Oral permits may be issued for commercial 
consignments of fruits and vegetables that are not accompanied by a 
written permit upon arrival in the United States if all applicable 
entry requirements are met and proof of application for a written 
permit is supplied to an inspector.
    (5) Amendment, denial, or withdrawal of permits. The Administrator 
may amend, deny, or withdraw a permit at any time if he or she 
determines that conditions exist that present an unacceptable risk of 
the fruit or vegetable introducing quarantine pests or noxious weeds 
into the United States. If the withdrawal is oral, the withdrawal of 
the permit and the reasons for the withdrawal will be confirmed in 
writing as promptly as circumstances allow.
    (6) Appeals. Any person whose permit has been amended, denied, or 
withdrawn may appeal the decision in writing to the Administrator 
within 10 days after receiving the written notification of the 
decision. The appeal must state all of the facts and reasons upon which 
the person relies to show that the permit was wrongfully amended, 
denied, or withdrawn. The Administrator will grant or deny the appeal, 
in writing, stating the reasons for granting or denying the appeal, as 
promptly as circumstances permit. If there is a conflict as to any 
material fact and the person who has filed an appeal requests a 
hearing, a hearing will be held to resolve the conflict. Rules of 
practice concerning the hearing will be adopted by the Administrator. 
The permit withdrawal will remain in effect pending resolution of the 
appeal or the hearing.
    (c) Ports of entry. (1) Fruits and vegetables must be imported into 
specific ports if so required by this subpart or by part 305 of this 
chapter, or if so required by a permit issued under paragraph (b) of 
this section for the importation of the particular fruit or vegetable. 
If a permit issued for the importation of fruits or vegetables names 
specific port(s) where the fruits or vegetables must be imported, the 
fruits and vegetables may only be imported into the port(s) named in 
the permit. If a permit issued for the importation of fruits or 
vegetables does not name specific port(s) where the fruits or 
vegetables must be imported, the fruits and vegetables may be imported 
into any port referenced in paragraph (c)(2) of this section.
    (2) Fruits and vegetables imported under this subpart may be 
imported into any port listed in 19 CFR 101.3(b)(1), except as 
otherwise provided by part 319 or by a permit issued in accordance with 
part 319, and except as provided in Sec.  330.104 of this chapter. 
Fruits and vegetables that are to be cold treated at ports in the 
United States may only be imported into specific ports as provided in 
Sec.  305.15 of this chapter.
    (d) Inspection, treatment, and other requirements. All imported 
fruits or vegetables are subject to inspection, are subject to such 
disinfection at the port of first arrival as may be required by an 
inspector, and are subject to reinspection at other locations at the 
option of an inspector. If an inspector finds plants or portions of 
plants, or a plant pest or noxious weed, or evidence of a plant pest or 
noxious weed on or in any fruit or vegetable or its container, or finds 
that the fruit or vegetable may have been associated with other 
articles infested with plant pests or noxious weeds, the owner or agent 
of the owner of the fruit or vegetable must clean or treat the fruit or 
vegetable and its container as required by an inspector, and the fruit 
or vegetable is also subject to reinspection, cleaning, and treatment 
at the option of an inspector at any time and place until all 
applicable requirements of this subpart have been accomplished.
    (1) Notice of arrival; assembly for inspection. Any person 
importing fruits and vegetables into the United States must offer those 
agricultural products for inspection and entry at the port of first 
arrival. The owner or agent must assemble the fruits and vegetables for 
inspection at the port of first arrival, or at any other place 
designated by an inspector, and in a manner designated by the 
inspector. All fruits and vegetables must be accurately disclosed and 
made available to an inspector for examination. The owner or the agent 
must provide an inspector with the name and address of the consignee 
and must make full disclosure of the type, quantity, and country and 
locality of origin of all fruits and vegetables in the consignment, 
either orally for noncommercial consignments or on an invoice or 
similar document for commercial consignments.
    (2) Refusal of entry. If an inspector finds that an imported fruit 
or vegetable is prohibited, or is not accompanied by required 
documentation, or 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, the entire 
lot or consignment may be refused entry into the United States.
    (3) Release for movement. No person may move a fruit or vegetable 
from the port of first arrival unless an inspector has either:
    (i) Released it;
    (ii) Ordered treatment at the port of first arrival and, after 
treatment, released the fruit or vegetable;
    (iii) Authorized movement of the fruit or vegetable to another 
location for treatment, further inspection, or destruction; or
    (iv) Ordered the fruit or vegetable to be reexported.
    (4) Notice to owner of actions ordered by inspector. If an 
inspector orders any disinfection, cleaning, treatment, reexportation, 
recall, destruction, or other action with regard to imported fruits or 
vegetables while the consignment is in foreign commerce, the inspector 
will issue an emergency action notification (PPQ Form 523) to the owner 
of the fruits or vegetables or to the owner's agent. The owner must, 
within the time and in the manner specified in the PPQ Form 523, 
destroy the fruits and vegetables, ship them to a point outside the 
United States, move them to an authorized site, and/or apply treatments 
or other safeguards to the fruits and vegetables as prescribed to 
prevent the introduction of plant pests or noxious weeds into the 
United States.
    (e) Costs and charges. APHIS will be responsible only for the costs 
of providing the services of an inspector during regularly assigned 
hours of duty and at the usual places of duty.\1\ The owner of imported 
fruits or vegetables is responsible for all additional costs of 
inspection, treatment, movement, storage, destruction, or other 
measures ordered by an inspector under this subpart, including any 
labor, chemicals, packing materials, or other supplies required. APHIS 
will not be responsible for any costs or charges, other than those 
identified in this section.
---------------------------------------------------------------------------

    \1\ Provisions relating to costs for other services of an 
inspector are contained in part 354 of this chapter.
---------------------------------------------------------------------------

    (f) APHIS not responsible for damage. APHIS assumes no 
responsibility for any damage to fruits or vegetables that results from 
the application of treatments or other measures required under this 
subpart (or under part 305 of this chapter) to protect against the 
introduction of plant pests into the United States.

(Approved by the Office of Management and Budget under control 
number 0579-0049)

[[Page 39504]]

Sec.  319.56-4  Approval of certain fruits and vegetables for 
importation.

    (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 imported fruits and vegetables mitigates the risk posed by 
those commodities, and that such fruits and vegetables may be imported 
into the United States 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 importation under this section, 
as well as the applicable requirements for their importation, may be 
found on the Internet at http://www.aphis.usda.gov/import_export/
plants/manuals/ports/downloads/fv.pdf. Commodities that require 
phytosanitary measures other than one or more of the designated 
phytosanitary measures cited in paragraph (b) of this section may only 
be imported in accordance with applicable requirements in Sec.  319.56-
3 and commodity-specific requirements contained elsewhere in this 
subpart.
    (b) Designated phytosanitary measures. (1) Fruits or vegetables are 
subject to inspection upon arrival in the United States and comply with 
all applicable provisions of Sec.  319.56-3.
    (2) The fruits or vegetables are imported from a pest-free area in 
the country of origin and are accompanied by a phytosanitary 
certificate stating that the fruits or vegetables originated in a pest-
free area in the country of origin.
    (3) The fruits or vegetables are treated in accordance with part 
305 of this chapter.
    (4) The fruits or vegetables are inspected in the country of origin 
by an inspector or an official of the national plant protection 
organization of the exporting country, and have been found free of one 
or more specific quarantine pests identified by risk analysis as likely 
to follow the import pathway.
    (5) The fruits or vegetables are imported as commercial 
consignments only.
    (c) Fruits and vegetables authorized importation under this 
section. (1) Previously approved fruits and vegetables. Fruits and 
vegetables that were authorized importation under this subpart either 
directly by permit or by specific regulation as of August 17, 2007 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.  319.56-3, may continue to be imported into the 
United States under the same requirements that applied before August 
17, 2007, except as provided in paragraph (d) of this section.
    (2) Other fruits and vegetables. Fruits and vegetables that do not 
meet the criteria in paragraph (c)(1) of this section may be authorized 
importation under this section as follows:
    (i) Pest risk analysis. The risk posed by the particular fruit or 
vegetable from a specified country or other region has been evaluated 
and publicly communicated as follows:
    (A) Availability of pest risk analysis. APHIS published in the 
Federal Register, for 60 days public comment, a notice announcing the 
availability of a pest risk analysis that evaluated the risks 
associated with the importation 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 
within the United States via the imported 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 
country or other region of origin is mitigated by one or more of the 
following factors:
    (1) Inspection. A quarantine pest is associated with the commodity 
in the country or region of origin, but the pest can be easily detected 
via inspection;
    (2) Pest freedom. No quarantine pests are known to be associated 
with the fruit or vegetable in the country or region of origin, or a 
quarantine pest is associated with the commodity in the country or 
region of origin but the commodity originates from an area in the 
country or region that meets the requirements of Sec.  319.56-5 for 
freedom from that pest;
    (3) Effectiveness of treatment. A quarantine pest is associated 
with the fruit or vegetable in the country or region 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) Pre-export inspection. A quarantine pest is associated with the 
commodity in the country or region of origin, but the commodity is 
subject to pre-export inspection, and the commodity is to be 
accompanied by a phytosanitary certificate that contains an additional 
declaration that the commodity has been inspected and found free of 
such pests in the country or region of origin.
    (5) Commercial consignments. A quarantine pest is associated with 
the fruit or vegetable in the country or region of origin, but the risk 
posed by the pest can be reduced by commercial practices.
    (ii) Issuance of import permits. The Administrator will announce 
his or her decision in a subsequent Federal Register notice. If 
appropriate, APHIS would begin issuing permits for importation of the 
fruit or vegetable 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 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 import requirements. If, after August 17, 2007, 
the Administrator determines that one or more of the designated 
phytosanitary measures is not sufficient to mitigate the risk posed by 
any of the fruits and vegetables that are authorized importation into 
the United States under this section, APHIS will prohibit or further 
restrict importation of the fruit or vegetable. APHIS may also publish 
a notice in the Federal Register advising the public of its finding. 
The notice will specify the amended import requirements, provide an 
effective date for the change, and will invite public comment on the 
subject.

(Approved by the Office of Management and Budget under control 
number 0579-0293)


Sec.  319.56-5  Pest-free areas.

    As provided elsewhere in this subpart, certain fruits and 
vegetables may be imported into the United States 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 imported 
if the area of export is free of all quarantine pests that attack the 
fruit or vegetable. In other cases, fruits and vegetables may be 
imported if the area of export is free of one or more quarantine pests 
that attack the fruit or vegetable, and provided that the risk posed by 
the remaining quarantine pests that attack the fruit or vegetable is 
mitigated by other specific

[[Page 39505]]

phytosanitary measures contained in the regulations in this subpart.
    (a) Application of international standard for pest free areas. 
APHIS requires that determinations of pest-free areas be made in 
accordance with the criteria for establishing freedom from pests found 
in International Standard for Phytosanitary Measures No. 4, 
``Requirements for the establishment of pest free areas.'' The 
international standard was established by the International Plant 
Protection Convention of the United Nations' Food and Agriculture 
Organization and is incorporated by reference in Sec.  300.5 of this 
chapter.
    (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 or rule 
published in the Federal Register for 60 days public comment, 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 would begin 
issuing permits for importation of the fruit or vegetable 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 
would publish in the Federal Register a notice announcing that the 
pest-free status of the area in question has been withdrawn, and that 
imports of host crops for the pest in question are subject to 
application of an approved treatment for the pest. If a treatment for 
the pest is not available, importation 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) and (b) of this 
section.
    (e) General requirements for fruits and vegetables imported from 
pest-free areas.
    (1) Labeling. Each box of fruits or vegetables that is imported 
into the United States 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
    (ii) The name of the municipality and State in which the fruits or 
vegetables were produced; and
    (iii) The type and amount of fruit the box contains.
    (2) Phytosanitary certificate. A phytosanitary certificate must 
accompany the imported fruits or vegetables, and must contain an 
additional declaration that the fruits originate from a pest-free area 
that meets the requirements of paragraphs (a) and (b) of this section.
    (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 export to the United States. These safeguards 
described in this section must be intact upon arrival in the United 
States.

(Approved by the Office of Management and Budget under control 
numbers 0579-0049, 0579-0316 and 0579-0293)


Sec.  319.56-6  Trust fund agreements.

    If APHIS personnel need to be physically present in an exporting 
country or region to facilitate the exportation of fruits or vegetables 
and APHIS services are to be funded by the national plant protection 
organization (NPPO) of the exporting country or a private export group, 
then the NPPO or the private export group must enter into a trust fund 
agreement with APHIS that is in effect at the time the fruits or 
vegetables are exported. Under the agreement, the NPPO of the exporting 
country or the private export group must pay in advance all estimated 
costs that APHIS expects to incur in providing inspection services in 
the exporting country. These costs will include administrative expenses 
incurred in conducting the services and all salaries (including 
overtime and the Federal share of employee benefits), travel expenses 
(including per diem expenses), and other incidental expenses incurred 
by the inspectors in performing services. The agreement must require 
the NPPO of the exporting country or region or a private export group 
to deposit a certified or cashier's check with APHIS for the amount of 
those costs, as estimated by APHIS. The agreement must further specify 
that, if the deposit is not sufficient to meet all costs incurred by 
APHIS, the NPPO of the exporting country or a private export group must 
deposit with APHIS, before the services will be completed, a certified 
or cashier's check for the amount of the remaining costs, as determined 
by APHIS. After a final audit at the conclusion of each shipping 
season, any overpayment of funds would be returned to the NPPO of the 
exporting country or region or a private export group, or held on 
account.


Sec.  319.56-7  Territorial applicability and exceptions.

    (a) The regulations in this subpart apply to importations of fruits 
and vegetables into any area of the United States, except as provided 
in this section.
    (b) Importations of fruits and vegetables into Guam. (1) The 
following fruits and vegetables may be imported into Guam without 
treatment, except as may be required under Sec.  319.56-3(d), and in 
accordance with all the requirements of this subpart as modified by 
this section:
    (i) All leafy vegetables and root crops from the Bonin Islands, 
Volcano Islands, and Ryukyu Islands.
    (ii) All fruits and vegetables from Palau and the Federated States 
of Micronesia (FSM), except Artocarpus spp. (breadfruit, jackfruit, and 
chempedak), citrus, curacao apple, guava, Malay or mountain apple 
(Syzygium spp.), mango, and papaya, and except dasheen from the Yap 
district of FSM and from Palau, and bitter melon (Momordica charantia) 
from Palau. The excepted products are approved for entry into Guam 
after treatment with an approved treatment listed in part 305 of this 
chapter.
    (iii) Allium (without tops), artichokes, bananas, bell peppers, 
cabbage, carrots, celery, Chinese cabbage, citrus fruits, eggplant, 
grapes, lettuce, melons, okra, parsley, peas, persimmons, potatoes, 
rhubarb, squash (Cucurbita maxima), stone and pome fruits, string 
beans, sweetpotatoes, tomatoes, turnip greens, turnips, and watermelons 
from Japan and Korea.
    (iv) Leafy vegetables, celery, and potatoes from the Philippine 
Islands.
    (v) Carrots (without tops), celery, lettuce, peas, potatoes, and 
radishes (without tops) from Australia.
    (vi) Arrowroot, asparagus, bean sprouts, broccoli, cabbage, carrots 
(without tops), cassava, cauliflower, celery, chives, cow-cabbage, 
dasheen, garlic, gingerroot, horseradish, kale,

[[Page 39506]]

kudzu, leek, lettuce, onions, Portuguese cabbage, turnip, udo, water 
chestnut, watercress, waterlily root, and yam bean root from Taiwan.
    (vii) Lettuce from Papua New Guinea.
    (viii) Carrots (without tops), celery, lettuce, loquats, onions, 
persimmons, potatoes, tomatoes, and stone fruits from New Zealand.
    (ix) Asparagus, carrots (without tops), celery, lettuce, and 
radishes (without tops) from Thailand.
    (x) Green corn on the cob.
    (xi) All other fruits and vegetables approved for entry into any 
other part or port of the United States, and except any which are 
specifically designated in this subpart as not approved.
    (2) An inspector in Guam may accept an oral application and issue 
an oral permit for products listed in paragraph (a) of this section, 
which is deemed to fulfill the requirements of Sec.  319.56-3(b) of 
this subpart. The inspector may waive the documentation required in 
Sec.  319.56-3 for such products whenever the inspector finds that 
information available from other sources meets the requirements under 
this subpart for the information normally supplied by such 
documentation.
    (3) The provisions of Sec.  319.56-11 do not apply to chestnuts and 
acorns imported into Guam, which are enterable into Guam without permit 
or other restriction under this subpart. If chestnuts or acorns 
imported under this paragraph are found infected, infested, or 
contaminated with any plant pest and are not subject to disposal under 
this subpart, disposition may be made in accordance with Sec.  330.106 
of this chapter.
    (4) Baskets or other containers made of coconut fronds are not 
approved for use as containers for fruits and vegetables imported into 
Guam. Fruits and vegetables in such baskets or containers offered for 
importation into Guam will not be regarded as meeting Sec.  319.56-
3(a).
    (c) Importation of fruits and vegetables into the U.S. Virgin 
Islands. (1) Fruits and vegetables grown in the British Virgin Islands 
may be imported into the U.S. Virgin Islands in accordance with Sec.  
319.56-3, except that:
    (i) Such fruits and vegetables are exempt from the permit 
requirements of Sec.  319.56-3(b); and
    (ii) Mangoes grown in the British Virgin Islands are prohibited 
entry into the U.S. Virgin Islands.
    (2) Okra produced in the West Indies may be imported into the U.S. 
Virgin Islands without treatment but are subject to inspection at the 
port of arrival.


Sec. Sec.  319.56-8 through 319.56-9  [Reserved]


Sec.  319.56-10  Importation of fruits and vegetables from Canada.

    (a) General permit for fruits and vegetables grown in Canada. 
Fruits and vegetables grown in Canada and offered for entry into the 
United States will be subject to the inspection, treatment, and other 
requirements of Sec.  319.56-3(d), but may otherwise be imported into 
the United States without restriction under this subpart; provided, 
that:
    (1) Consignments of Allium spp. consisting of the whole plant or 
above ground parts must be accompanied by a phytosanitary certificate 
issued by the national plant protection organization of Canada with an 
additional declaration stating that the articles are free from 
Acrolepipsis assectella (Zeller).
    (2) Potatoes from Newfoundland and that portion of the Municipality 
of Central Saanich in the Province of British Columbia east of the West 
Saanich Road are prohibited importation into the United States in 
accordance with Sec.  319.37-2 of this part.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
number 0579-0316)


Sec.  319.56-11  Importation of dried, cured, or processed fruits, 
vegetables, nuts, and legumes.

    (a) Dried, cured, or processed fruits and vegetables (except frozen 
fruits and vegetables), including cured figs and dates, raisins, nuts, 
and dried beans and peas, may be imported without permit, phytosanitary 
certificate, or other compliance with this subpart, except as 
specifically provided otherwise in this section or elsewhere in this 
part.
    (b) Acorns and chestnuts. (1) From countries other than Canada and 
Mexico; treatment required. Acorns and chestnuts intended for purposes 
other than propagation, except those grown in and shipped from Canada 
and Mexico, must be imported into the United States under permit, and 
subject to all the requirements of Sec.  319.56-3, and must be treated 
with an approved treatment listed in part 305 of this chapter.\2\
---------------------------------------------------------------------------

    \2\ Acorns and chestnuts imported into Guam are subject to the 
requirements of Sec.  319.56-7(b).
---------------------------------------------------------------------------

    (2) From Canada and Mexico. Acorns and chestnuts grown in and 
shipped from Canada and Mexico for purposes other than propagation may 
be imported in accordance with paragraph (a) of this section.
    (3) For propagation. Acorns and chestnuts from any country may be 
imported for propagation only in accordance with the applicable 
requirements in Sec. Sec.  319.37 through 319.37-14 of this part.
    (c) Macadamia nuts. Macadamia nuts in the husk or shell are 
prohibited importation into the United States unless the macadamia nuts 
were produced in, and imported from, St. Eustatius.


Sec.  319.56-12  Importation of frozen fruits and vegetables.

    Frozen fruits and vegetables may be imported into the United States 
in accordance with Sec. 319.56-3. Such fruits and vegetables must be 
held at a temperature not higher than 20 [deg]F during shipping and 
upon arrival in the United States, and in accordance with the 
requirements for importing 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.  319.56-13  Fruits and vegetables allowed importation subject to 
specified conditions.

    (a) The following fruits and vegetables may be imported in 
accordance with Sec.  319.56-3 and any additional requirements 
specified in paragraph (b) of this section.

----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
   Country/locality of  origin        Common name       Botanical name       Plant part(s)       requirements
----------------------------------------------------------------------------------------------------------------
Algeria.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Angola..........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Antigua and Barbuda.............  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Argentina.......................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Australia (Tasmania only).......  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Austria.........................  Asparagus, white..  Asparagus           Shoot.............  (b)(4)(iii).
                                                       officinalis.
Bahamas.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).

[[Page 39507]]

 
Barbados........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Belgium.........................  Apricot...........  Prunus armeniaca..  Fruit.............  (b)(5)(xi).
                                  Fig...............  Ficus carica......  Fruit.............  (b)(5)(xi).
                                  Nectarine.........  Prunus persica      Fruit.............  (b)(5)(xi).
                                                       var. nucipersica.
                                  Peach.............  Prunus persica....  Fruit.............  (b)(5)(xi).
                                  Plum..............  Prunus domestica..  Fruit.............  (b)(5)(xi).
Belize..........................  Papaya............  Carica papaya.....  Fruit.............  (b)(1)(i),
                                                                                               (b)(2)(iii).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
Benin...........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Bolivia.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Brazil..........................  Cantaloupe........  Cucumis melo var.   Fruit.............  (b)(1)(v), (b)(3).
                                                       cantaloupensis.
                                  Cassava...........  Manihot esculenta.  Fruit.............  (b)(2)(vii).
                                  Honeydew melon....  Cucumis melo......  Fruit.............  (b)(1)(v), (b)(3).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Watermelon........  Citrullus lanatus   Fruit.............  (b)(1)(v), (b)(3).
                                                       var. lanatus.
Burkina Faso....................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Cameroon........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Cayman Islands..................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Chile...........................  African horned      Cucumis             Fruit.............  (b)(2)(i).
                                   cucumber.           metuliferus.
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
China...........................  Litchi............  Litchi chinensis..  Fruit.............  (b)(2)(v).
Columbia........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Yellow pitaya.....  Selinicereus        Fruit.............  (b)(5)(xiii).
                                                       megalanthus.
Congo, Democratic Republic of...  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Cook Islands....................  Ginger............  Zingiber            Root..............  (b)(2)(ii).
                                                       officinalis.
                                  Banana............  Musa spp..........  Fruit.............  (b)(4)(i).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi),
                                                                                               (b)(5)(vi).
Costa Rica......................  Cucurbit..........  Cucurbitaceae.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(3).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
Cote d'Ivoire...................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Dominica........................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Dominican Republic..............  Cucurbit..........  Cucurbitaceae.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(3).
                                  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(2)(vi).
Ecuador.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(2)(vi).
Egypt...........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
El Salvador.....................  Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i).
                                  German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i).
                                                       recutita and
                                                       Matricaria
                                                       chamomilla.
                                  Oregano or sweet    Origanum spp......  Leaf and stem.....  (b)(2)(i).
                                   marjoram.
                                  Parsley...........  Petroselinum        Leaf and stem.....  (b)(2)(i).
                                                       crispum.
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
                                  Rosemary..........  Rosmarinus          Leaf and stem.....  (b)(2)(i).
                                                       officinalis.
                                  Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i).
                                  Yam-bean or jicama  Pachyrhizus spp...  Roots without soil  (b)(2)(i).
Fiji............................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi),
                                                                                               (b)(5)(vi).
France..........................  Bean..............  Glycine max         Fruit.............  (b)(5)(x).
                                                       (Soybean);
                                                       Phaseolus
                                                       coccineus,
                                                       (Scarlet or
                                                       french runner
                                                       bean); Phaseolus
                                                       lunatus (lima
                                                       bean); Phaseolus
                                                       vulgaris (green
                                                       bean, kidney
                                                       bean, navy bean,
                                                       pinto bean, red
                                                       bean, string
                                                       bean, white
                                                       bean); Vicia faba
                                                       (faba bean,
                                                       broadbean, haba,
                                                       habichuela,
                                                       horsebean,
                                                       silkworm bean,
                                                       windsor bean;
                                                       Vigna radiata
                                                       (mung bean);
                                                       Vigna unguiculata
                                                       (includes: ssp.
                                                       cylindrica, ssp.
                                                       dekintiana, ssp.
                                                       sesquipedalis
                                                       (yard-long bean,
                                                       asparagus bean,
                                                       long bean), ssp.
                                                       unguiculata
                                                       (southern pea,
                                                       black-eyed bean,
                                                       black-eyed pea,
                                                       cowpea, crowder
                                                       pea)).
                                  Tomato............  Lycopersicon        Fruit, stem, and    (b)(4)(ii).
                                                       esculentum.         leaf.
French Guiana...................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
French Polynesia, including       Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi),
 Tahiti.                                                                                       (b)(5)(vi).
Ghana...........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Grenada.........................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).

[[Page 39508]]

 
Guadeloupe......................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Guatemala.......................  Cucurbit..........  Cucurbitaceae.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(3).
                                  Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i).
                                  German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i).
                                                       recutita and
                                                       Matricaria
                                                       chamomilla.
                                  Papaya............  Carica papaya.....  Fruit.............  (b)(1)(i),
                                                                                               (b)(2)(iii).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
                                  Rosemary..........  Rosmarinus          Leaf and stem.....  (b)(2)(i).
                                                       officinalis.
                                  Tomato............  Lycopersicon        Fruit.............  (b)(3),
                                                       esculentum.                             (b)(4)(ii).
                                  Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i).
                                  Yam-bean or jicama  Pachyrhizus spp...  Roots without soil  (b)(2)(i)
Guinea..........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Guyana..........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Haiti...........................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Honduras........................  Basil.............  Ocimum basilicum..  Leaf and stem.....  (b)(2)(i),
                                                                                               (b)(5)(iii).
                                  Cucurbit..........  Cucurbitaceae.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(3).
                                  German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i).
                                                       recutita and
                                                       Matricaria
                                                       chamomilla.
                                  Oregano or sweet    Origanum spp......  Leaf and stem.....  (b)(2)(i).
                                   marjoram.
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
                                  Tomato............  Lycopersicon        Fruit.............  (b)(3),
                                                       esculentum.                             (b)(4)(ii).
                                  Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i).
                                  Yam-bean or jicama  Pachyrhizus spp...  Roots without soil  (b)(2)(i).
India...........................  Litchi............  Litchi chinensis..  Fruit.............  (b)(2)(v).
Indonesia.......................  Dasheen...........  Colocasia spp.,     Tuber.............  (b)(2)(iv).
                                                       Alocasia spp.,
                                                       and Xanthosoma
                                                       spp.
Israel..........................  Melon.............  Cucumis melo only.  Fruit.............  (b)(5)(vii).
                                  Tomato (green)....  Lycopersicon        Fruit.............  (b)(3), (b)(4)(ii)
                                                       esculentum.                             or (b)(3),
                                                                                               (b)(5)(xiv).
                                  Tomato (red or      Lycopersicon        Fruit.............  (b)(3),
                                   pink).              esculentum.                             (b)(5)(viii) or
                                                                                               (b)(3),
                                                                                               (b)(5)(xiv).
Italy...........................  Garlic............  Allium sativum....  Bulb..............  (b)(5)(v)\1\.
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Tomato............  Lycopersicon        Fruit.............  (b)(3),
                                                       esculentum.                             (b)(4)(ii).
Jamaica.........................  Cucurbit..........  Cucurbitaceae.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(3).
                                  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(2)(iv),
                                                                                               (b)(3).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Japan...........................  Bean (garden).....  Phaseolus vulgaris  Fruit.............  (b)(2)(x),
                                                                                               (b)(5)(xi).
                                  Cucumber..........  Cucumis sativas...  Fruit.............  (b)(2)(x),
                                                                                               (b)(5)(xii).
                                  Pepper............  Capsicum spp......  Fruit.............  (b)(2)(x),
                                                                                               (b)(5)(xi).
                                  Sand pear.........  Pyrus pyrifolia     Fruit.............  (b)(5)(ix).
                                                       var. culta.
                                  Tomato............  Lycopersicon        Fruit.............  (b)(2)(x),
                                                       esculentum.                             (b)(5)(xii).
Kenya...........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Liberia.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Mali............................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Martinique......................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Mauritania......................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Mexico..........................  Coconut...........  Cocos nucifera....  Fruit with milk     (b)(5)(iv).
                                                                           and husk \2\.
                                  Fig...............  Ficus carica......  Fruit.............  (b)(1)(iii),
                                                                                               (b)(2)(i).
                                  Pitaya............  Hylocereus spp....  Fruit.............  (b)(1)(iv),
                                                                                               (b)(2)(i).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
Montserrat......................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Morocco.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Morocco and Western Sahara......  Tomato............  Lycopersicon        Fruit, stem, and    (b)(4)(ii).
                                                       esculentum.         leaf.
Netherlands.....................  Cucurbit..........  Cucurbitaceae.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(3).
                                  Peach.............  Prunus persica....  Fruit.............  (b)(5)(xi).
Netherlands Antilles............  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
New Zealand.....................  Citrus............  Citrus spp........  Fruit.............  (b)(3),
                                                                                               (b)(5)(xvi).
                                  Passion fruit.....  Passiflora spp....  Fruit.............  (b)(2)(vi).
Nicaragua.......................  Fennel............  Foeniculum vulgare  Leaf and stem.....  (b)(2)(i).
                                  German chamomile..  Matricaria          Flower and leaf...  (b)(2)(i).
                                                       recutita and
                                                       Matricaria
                                                       chamomilla.
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
                                  Tomato............  Lycopersicon        Fruit.............  (b)(3),
                                                       esculentum.                             (b)(4)(ii).
                                  Waterlily or lotus  Nelumbo nucifera..  Roots without soil  (b)(2)(i).

[[Page 39509]]

 
                                  Yam-bean or jicama  Pachyrhizus spp...  Roots without soil  (b)(2)(i).
Niger...........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Nigeria.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Panama..........................  Cucurbit..........  Cucurbitaceae.....  Fruit.............  (b)(2)(iii),
                                                                                               (b)(3).
                                  Rambutan..........  Nephelium           Fruit.............  (b)(2)(i),
                                                       lappaceum.                              (b)(5)(ii).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Tomato............  Lycopersicon        Fruit.............  (b)(3),
                                                       esculentum.                             (b)(4)(ii).
Paraguay........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Peru............................  Honeydew melon....  Cucumis melo......  Fruit.............  (b)(1)(v),
                                                                                               (b)(2)(i),
                                                                                               (b)(3).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Philippines.....................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(5)(vi).
Portugal (including Azores).....  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Portugal (Azores only)..........  Tomato............  Lycopersicon        Fruit.............  (b)(3),
                                                       esculentum.                             (b)(4)(ii).
Republic of Korea...............  Dasheen...........  Colocasia spp.,     Root..............  (b)(2)(iv).
                                                       Alocasia spp.,
                                                       and Xanthosoma
                                                       spp.
                                  Sand pear.........  Pyrus pyrifolia     Fruit.............  (b)(5)(ix).
                                                       var. culta.
                                  Strawberry........  Fragaria spp......  Fruit.............  (b)(5)(i).
St. Kitts and Nevis.............  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
St. Lucia.......................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
St. Martin......................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Barbados cherry...  Malpighia glabra..  Fruit.............  (b)(2)(vi).
St. Vincent.....................  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Senegal.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Sierra Leone....................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
South Africa....................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(xii).
Spain...........................  Garlic............  Allium sativum....  Bulb..............  (b)(5)(v)\1\.
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Tomato............  Lycopersicon        Fruit.............  (b)(4)(ii).
                                                       esculentum.
Sri Lanka.......................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi),
                                                                                               (b)(5)(vi).
Taiwan..........................  Brassica..........  Brassica oleracea.  Above ground parts  (b)(2)(viii).
                                  Carambola.........  Averrhoa carambola  Fruit.............  (b)(2)(ix),
                                                                                               (b)(5)(xv).
                                  Litchi............  Litchi chinensis..  Fruit.............  (b)(2)(v).
Thailand........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(xi),
                                                                                               (b)(5)(vi).
                                  Litchi............  Litchi chinensis..  Fruit.............  (b)(2)(v).
                                  Longan............  Dimocarpus longan.  Fruit.............  (b)(2)(v).
Togo............................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Trinidad and Tobago.............  Cassava...........  Manihot esculenta.  Fruit.............  (b)(2)(vi).
                                  Cucurbit..........  Cucurbitaceae.....  Above ground parts  (b)(2)(iii),
                                                                                               (b)(3).
                                  Papaya............  Carica papaya.....  Fruit.............  (b)(2)(vi).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Tunisia.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Turkey..........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Uruguay.........................  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
Venezuela.......................  Cantaloupe........  Cucumis melo var.   Fruit.............  (b)(1)(v), (b)(3).
                                                       cantaloupensis.
                                  Honeydew melon....  Cucumis melo......  Fruit.............  (b)(1)(v), (b)(3).
                                  Pineapple.........  Ananas comosus....  Fruit.............  (b)(2)(vi).
                                  Watermelon........  Citrullus lanatus   Fruit.............  (b)(1)(v), (b)(3).
                                                       var. lanatus.
----------------------------------------------------------------------------------------------------------------
\1\Also eligible for importation if treated with an approved treatment listed in part 305 of this chapter.
\2\ Fruit without husk may be imported subject to the requirements of Sec.   319.56-5.

    (b) Additional restrictions for applicable fruits and vegetables as 
specified in paragraph (a) of this section.
    (1) Pest-free areas.
    (i) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from the Mediterranean fruit fly 
(Medfly), and must meet applicable requirements of Sec.  319.56-5.
    (ii) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from the Mediterranean fruit fly 
(Medfly), and must meet applicable requirements of Sec.  319.56-5. 
Fruit from outside Medfly-free areas must be treated in accordance with 
an approved treatment listed in part 305 of this chapter.
    (iii) The commodity must be from an area that meets the 
requirements of Sec.  319.56-5 for freedom from fruit flies, and must 
meet applicable requirements of Sec.  319.56-5.
    (iv) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from fruit flies, and must meet 
applicable requirements of Sec.  319.56-5. The phytosanitary 
certificate must also include an additional declaration stating: ``Upon 
inspection, these articles were found free of Dysmicoccus neobrevipes 
and Planococcus minor.''
    (v) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from the South American cucurbit fly, and 
must meet applicable requirements of Sec.  319.56-5.
    (2) Restricted importation and distribution.

[[Page 39510]]

    (i) Prohibited entry into Puerto Rico, U.S. Virgin Islands, Hawaii, 
and Guam. Cartons in which commodity is packed must be stamped ``Not 
for importation into or distribution within PR, VI, HI, or Guam.''
    (ii) Prohibited entry into Puerto Rico, U.S. Virgin Islands, and 
Guam. Cartons in which commodity is packed must be stamped ``Not for 
importation into or distribution within PR, VI, or Guam.''
    (iii) Prohibited entry into Hawaii. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within HI.''
    (iv) Prohibited entry into Guam. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within Guam.''
    (v) Prohibited entry into Florida. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within FL.''
    (vi) Prohibited entry into Hawaii.
    (vii) Prohibited entry into Puerto Rico, U.S. Virgin Islands, and 
Hawaii.
    (viii) Prohibited entry into Alaska.
    (ix) Prohibited entry into Florida.
    (x) Allowed importation into Hawaii only.
    (xi) Allowed importation into Guam and Commonwealth of the Northern 
Mariana Islands only.
    (xii) Prohibited entry into Puerto Rico, Virgin Islands, Northern 
Mariana Islands, Hawaii, and Guam. Cartons in which commodity is packed 
must be stamped ``For distribution in the continental United States 
only.''
    (3) Commercial consignments only.
    (4) Stage of development.
    (i) The bananas must be green at the time of export. Inspectors at 
the port of arrival will determine that the bananas were green at the 
time of export if:
    (A) Bananas shipped by air are still green upon arrival in the 
United States; and
    (B) Bananas shipped by sea are either still green upon arrival in 
the United States or yellow but firm.
    (ii) The tomatoes must be green upon arrival in the United States. 
Pink or red fruit may only be imported in accordance with other 
provisions of Sec.  319.56-13 or Sec.  319.56-28 of this subpart.
    (iii) No green may be visible on the shoot.
    (5) Other conditions.
    (i) Entry permitted only from September 15 to May 31, inclusive, to 
prevent the introduction of a complex of exotic pests including, but 
not limited to a thrips (Haplothrips chinensis) and a leafroller (Capua 
tortrix).
    (ii) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the country of origin 
with an additional declaration stating that the fruit is free from 
Coccus moestus, C. viridis, Dysmicoccus neobrevipes, Planococcus 
lilacinus, P. minor, and Psedococcus landoi; and all damaged fruit was 
removed from the consignment prior to export under the supervision of 
the national plant protection organization.
    (iii) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the country of origin 
with an additional declaration stating that the fruit is free from 
Planococcus minor.
    (iv) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the country of origin 
with an additional declaration stating that the fruit is of the Malayan 
dwarf variety or Maypan variety (=F1 hybrid, Malayan Dwarf x 
Panama Tall) (which are resistant to lethal yellowing disease) based on 
verification of the parent stock.
    (v) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the country of origin 
with an additional declaration stating that the commodity is free of 
living stages of Brachycerus spp. and Dyspessa ulula (Bkh.), based on 
field inspection and certification and reexamination at the port of 
departure prior to exportation.
    (vi) Only the Tahiti Queen cultivar and varieties which are at 
least 50 percent smooth Cayenne by lineage are admissible. The importer 
or the importer's agent must provide the inspector with documentation 
that establishes the variety's lineage. This document is necessary only 
with the first importation.
    (vii) Prohibited from the Palestinian controlled portions of the 
West Bank and Gaza Strip; otherwise, must be accompanied by a 
phytosanitary certificate which declares that the melons were grown in 
approved areas in the Arava Valley or the Kadesh-Barnea area of Israel, 
the fields where the melons were grown were inspected prior to harvest, 
and the melons were inspected prior to export and found free of pests.
    (viii) Prohibited from the Palestinian controlled portions of the 
West Bank and Gaza Strip; otherwise must be accompanied by a 
phytosanitary certificate which declares that only tomato varieties 
111, 121, 124, 139, and 144 are included in the consignment and the 
tomatoes were packed into fruit-fly-proof containers within 24 hours 
after harvesting.
    (ix) Only precleared consignments are authorized. The consignment 
must be accompanied by a PPQ Form 203 signed by the APHIS inspector on 
site in the exporting country.
    (x) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the exporting country 
that includes a declaration certifying that the products were grown and 
packed in the exporting country.
    (xi) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the exporting country 
that includes a declaration certifying that the products were grown in 
a greenhouse in the exporting country.
    (xii) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the exporting country 
that includes a declaration certifying that the products were grown in 
a greenhouse in the exporting country on Honshu Island or north 
thereof.
    (xiii) Only precleared consignments that have been treated with an 
approved treatment listed in 7 CFR part 305 are authorized. The 
consignment must be accompanied by a PPQ Form 203 signed by the APHIS 
inspector on site in the exporting country.
    (xiv) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of Israel that declares 
``These tomatoes were grown in registered greenhouses in the Arava 
Valley of Israel.''
    (xv) Must be treated with an approved treatment listed in 7 CFR 
part 305.
    (xvi) Must be accompanied by a phytosanitary certificate issued by 
the national plant protection organization of the country of origin and 
with an additional declaration stating that the fruit is free from 
Cnephasia jactatana, Coscinoptycha improbana, Ctenopseustis obliquana, 
Epiphyas postvittana, Pezothrips kellyanus, and Planotortrix excessana; 
must undergo a port of entry inspection with a biometric sampling of 
100 percent of 30 boxes selected randomly from each consignment; and 
the randomly selected boxes must be examined for hitchhiking pests.

(Approved by the Office of Management and Budget under control 
numbers 0579-0049, 0579-0236, 0579-0264, and 0579-0316)


Sec. Sec.  319.56-14 through 319.56-19  [Reserved]


Sec.  319.56-20  Apples and pears from Australia (including Tasmania) 
and New Zealand.

    Apples and pears from Australia (including Tasmania) and New 
Zealand may be imported only in accordance with this section and all 
other applicable provisions of this subpart.

[[Page 39511]]

    (a) Inspection and treatment for pests of the family Tortricidae. 
An inspector must take a biometrically designed sample from each lot of 
apples or pears that are offered for entry into the United States. If 
inspection of the sample discloses that pests of the family Tortricidae 
(fruit-leaf roller moths) are not present in the lot sampled, the fruit 
may be imported without treatment. If any such pests are found upon 
inspection, the lot must be treated with methyl bromide as prescribed 
in part 305 of this chapter.
    (b) Treatment of apples and pears from Australia for fruit flies. 
(1) Apples from Australia (including Tasmania) may be imported without 
treatment for the following fruit flies if they are imported from an 
area in Australia that meets the requirements of Sec.  319.56-5 for 
pest freedom: Mediterranean fruit fly (Ceratitis capitata), the 
Queensland fruit fly (Bactrocera tryoni), Bactrocera aquilonis, and B. 
neohumeralis.
    (2) Pears from Australia (including Tasmania) may be imported 
without treatment for the following fruit flies if they are imported 
from an area in Australia that meets the requirements of Sec.  319.56-5 
for pest freedom: Mediterranean fruit fly (Ceratitis capitata), the 
Queensland fruit fly (Dacus tryoni), Bactrocera jarvisi, and B. 
neohumeralis.
    (3) Apples and pears from Australia that do not originate from an 
area that is free of fruit flies must be treated for such pests in 
accordance with part 305 of this chapter. If an authorized treatment 
does not exist for a specific fruit fly, the importation of such apples 
and pears is prohibited.


Sec.  319.56-21  Okra from certain countries.

    Okra from Brazil, Colombia, Ecuador, Guyana, Mexico, Peru, 
Suriname, Venezuela, and the West Indies may be imported into the 
United States in accordance with this section and all other applicable 
provisions of this subpart.
    (a) Importations into pink bollworm generally infested or 
suppressive areas in the United States. Okra may be imported into areas 
defined in Sec.  301.52-2a as pink bollworm generally infested or 
suppressive areas, provided the okra is imported in accordance with the 
requirements of Sec.  319.56-3. Upon entry into the United States, such 
okra is immediately subject to the requirements of Subpart--Pink 
Bollworm (Sec. Sec.  301.52 through 301.52-10) of this chapter.
    (b) Importations into areas south of the 38th parallel that are not 
pink bollworm generally infested or suppressive areas.
    (1) During December 1 through May 15, inclusive, okra may be 
imported into areas of Alabama, Arkansas, Florida, Georgia, Louisiana, 
Mississippi, Nevada, North Carolina, South Carolina, Tennessee, or any 
part of Illinois, Kentucky, Missouri, or Virginia south of the 38th 
parallel subject to the requirements of Sec.  319.56-3.
    (2) During May 16 through November 30, inclusive, okra may be 
imported into areas of Alabama, Arkansas, Florida, Georgia, Louisiana, 
Mississippi, Nevada, North Carolina, South Carolina, Tennessee, or any 
part of Illinois, Kentucky, Missouri, or Virginia south of the 38th 
parallel if treated for the pink bollworm in accordance with an 
approved treatment listed in part 305 of this chapter.
    (c) Importations into areas north of the 38th parallel. Okra may be 
imported into Alaska, Colorado, Connecticut, Delaware, Hawaii, 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, Wyoming, the 
District of Columbia, or the U.S. Virgin Islands, or any part of 
Illinois, Kentucky, Missouri, or Virginia, north of the 38th parallel, 
subject to the requirements of Sec.  319.56-3.
    (d) Importations into areas of California that are not pink 
bollworm generally infested or suppressive areas.
    (1) During January 1 through March 15, inclusive, okra may be 
imported into California subject to the requirements of Sec.  319.56-3.
    (2) During March 16 through December 31, inclusive, okra may be 
imported into California if it is treated for the pink bollworm in 
accordance with an approved treatment listed in part 305 of this 
chapter.
    (e) Imports from Andros Island of the Bahamas. Okra produced on 
Andros Island, Commonwealth of the Bahamas, may be imported into the 
United States in accordance with Sec.  319.56-3.


Sec.  319.56-22  Apples and pears from certain countries in Europe.

    (a) Importations allowed. The following fruits may be imported into 
the United States in accordance with this section and all other 
applicable provisions of this subpart:
    (1) Apples from Belgium, Denmark, France, Germany, Great Britain, 
Italy, the Netherlands, Northern Ireland, Norway, Portugal, the 
Republic of Ireland, Spain, Sweden, and Switzerland;
    (2) Pears from Belgium, France, Great Britain, Italy, the 
Netherlands, Portugal, and Spain.
    (b) Trust fund agreement. Except as provided in paragraph (h) of 
this section, the apples or pears may be imported only if the national 
plant protection organization (NPPO) of the exporting country has 
entered into a trust fund agreement with APHIS in accordance with Sec.  
319.56-6.
    (c) Responsibilities of the exporting country. The apples or pears 
may be imported in any single shipping season only if all of the 
following conditions are met:
    (1) Officials of the NPPO must survey each orchard producing apples 
or pears for shipment to the United States at least twice between 
spring blossoming and harvest. If the officials find any leaf miners 
that suggest the presence of Leucoptera malifoliella in an orchard, the 
officials must reject any fruit harvested from that orchard during that 
growing season for shipment to the United States. If the officials find 
evidence in an orchard of any other plant pest referred to in paragraph 
(g) of this section, they must ensure that the orchard and all other 
orchards within 1 kilometer of that orchard will be treated for that 
pest with a pesticide approved by the APHIS, in accordance with label 
directions and under the direction of the plant protection 
organization. If the officials determine that the treatment program has 
not been applied as required or is not controlling the plant pest in 
the orchard, they must reject any fruit harvested from that orchard 
during that growing season for shipment to the United States.
    (2) The apples or pears must be identified to the orchard from 
which they are harvested (the producing orchard) until the fruit 
arrives in the United States.
    (3) The apples or pears must be processed and inspected in approved 
packing sheds as follows:
    (i) Upon arrival at the packing shed, the apples or pears must be 
inspected for insect pests as follows: For each grower lot (all fruit 
delivered for processing from a single orchard at a given time), 
packing shed technicians must examine all fruit in one carton on every 
third pallet (there are approximately 42 cartons to a pallet), or at 
least 80 apples or pears in every third bin (if the fruit is not in 
cartons on pallets). If they find any live larva or pupa of Leucoptera 
malifoliella, they must reject the entire grower lot for shipment to 
the United States, and the NPPO must reject for shipment any additional 
fruit from the producing

[[Page 39512]]

orchard for the remainder of the shipping season.
    (ii) The apples or pears must be sorted, sized, packed, and 
otherwise handled in the packing sheds on grading and packing lines 
used solely for fruit intended for shipment to the United States, or, 
if on grading and packing lines used previously for other fruit, only 
after the lines have been washed with water.
    (iii) During packing operations, apples and pears must be inspected 
for insect pests as follows: All fruit in each grower lot must be 
inspected at each of two inspection stations on the packing line by 
packing shed technicians. In addition, one carton from every pallet in 
each grower lot must be inspected by officials of the plant protection 
service. If the inspections reveal any live larva or pupa of Leucoptera 
malifoliella, the entire grower lot must be rejected for shipment to 
the United States, and the plant protection service must reject for 
shipment any additional fruit from the producing orchard for the 
remainder of that shipping season. If the inspections reveal any other 
insect pest referred to in paragraph (g) of this section, and a 
treatment authorized in part 305 of this chapter is available, the 
fruit will remain eligible for shipment to the United States if the 
entire grower lot is treated for the pest under the supervision of an 
inspector. However, if the entire grower lot is not treated in this 
manner, or if a plant pest is found for which no treatment authorized 
in part 305 of this chapter is available, the entire grower lot will be 
rejected for shipment to the United States.
    (4) Apples or pears that pass inspection at approved packing sheds 
must be presented to an inspector for preclearance inspection as 
prescribed in paragraph (d) of this section or for inspection in the 
United States as prescribed in paragraph (h) of this section.
    (5) Apples and pears presented for preclearance inspection must be 
identified with the packing shed where they were processed, as well as 
with the producing orchard, and this identity must be maintained until 
the apples or pears arrive in the United States.
    (6) Facilities for the preclearance inspections prescribed in 
paragraph (d) of this section must be provided in the exporting country 
at a site acceptable to APHIS.
    (7) Any apples or pears rejected for shipment into the United 
States may not, under any circumstance, be presented again for shipment 
to the United States.
    (d) Preclearance inspection. Preclearance inspection will be 
conducted in the exporting country by an inspector. Preclearance 
inspection will be conducted for a minimum of 6,000 cartons of apples 
or pears, which may represent multiple grower lots from different 
packing sheds. The cartons examined during any given preclearance 
inspection will be known as an inspection unit. Apples or pears in any 
inspection unit may be shipped to the United States only if the 
inspection unit passes inspection as follows:
    (1) Inspectors will examine, fruit by fruit, a biometrically 
designed statistical sample of 300 cartons drawn from each inspection 
unit.
    (i) If inspectors find any live larva or pupa of Leucoptera 
malifoliella, they will reject the entire inspection unit for shipment 
to the United States. The inspectors also will reject for shipment any 
additional fruit from the producing orchard for the remainder of the 
shipping season. However, other orchards represented in the rejected 
inspection unit will not be affected for the remainder of the shipping 
season because of that rejection. Additionally, if inspectors reject 
any three inspection units in a single shipping season because of 
Leucoptera malifoliella on fruit processed by a single packing shed, no 
additional fruit from that packing shed will be accepted for shipment 
to the United States for the remainder of that shipping season.
    (ii) If the inspectors find evidence of any other plant pest 
referred to in paragraph (g) of this section, and a treatment 
authorized in part 305 of this chapter is available, fruit in the 
inspection unit will remain eligible for shipment to the United States 
if the entire inspection unit is treated for the pest under the 
supervision of an inspector. However, if the entire inspection unit is 
not treated in this manner, or if a plant pest is found for which no 
treatment authorized in part 305 of this chapter is available, the 
inspectors will reject the entire inspection unit for shipment to the 
United States. Rejection of an inspection unit because of pests other 
than Leucoptera malifoliella will not be cause for rejecting additional 
fruit from an orchard or packing shed.
    (iii) Apples and pears precleared for shipment to the United States 
as prescribed in this paragraph will not be inspected again in the 
United States (except as necessary to ensure that the fruit has been 
precleared) unless the preclearance program with the exporting country 
is terminated in accordance with paragraph (e) of this section. If the 
preclearance program is terminated with any country, precleared fruit 
in transit to the United States at the time of termination will be 
spot-checked by inspectors upon arrival in the United States for 
evidence of plant pests referred to in paragraph (g) of this section. 
If any live larva or pupa of Leucoptera malifoliella is found in any 
carton of fruit, inspectors will reject that carton and all other 
cartons in that consignment that are from the same producing orchard. 
In addition, the remaining cartons of fruit in that consignment will be 
reinspected as an inspection unit in accordance with the preclearance 
procedures prescribed in paragraph (d) of this section.
    (2) [Reserved]
    (e) Termination of preclearance programs. The Administrator may 
terminate the preclearance program in a country if he or she determines 
that any of the conditions specified in paragraph (c) of this section 
are not met or because of pests found during preclearance inspections. 
Termination of the preclearance program will stop consignments of 
apples or pears from that country for the remainder of that shipping 
season. Termination of the preclearance program for findings of 
Leucoptera malifoliella in preclearance inspections in any country will 
be based on rates of rejection of inspection units as follows:
    (1) Termination because of findings of Leucoptera malifoliella. The 
preclearance program will be terminated with a country when, in one 
shipping season, inspection units are rejected because of Leucoptera 
malifoliella as follows:
    (i) Five inspection units in sequence among inspection units 1-20, 
or a total of 8 or more of the inspection units 1-20;
    (ii) Five inspection units in sequence among inspection units 21-
40, or a total of 10 or more of the inspection units 1-40;
    (iii) Five inspection units in sequence among inspection units 41-
60, or a total of 12 or more of the inspection units 1-60;
    (iv) Five inspection units in sequence among inspection units 61-
80, or a total of 14 or more of the inspection units 1-80;
    (v) Five inspection units in sequence among inspection units 81-
100, or a total of 16 or more of the inspection units 1-100;
    (vi) Five inspection units in sequence among inspection units 101-
120, or a total of 18 or more of the inspection units 1-120.
    (vii) Sequence can be continued in increments of 20 inspection 
units by increasing the number of rejected inspection units by 2.

[[Page 39513]]

    (2) Termination because of findings of other plant pests. The 
preclearance program will be terminated with a country when, in one 
shipping season, inspection units are rejected because of other insect 
pests as follows:
    (i) Ten or more of the inspection units 1-20;
    (ii) Fifteen or more of the inspection units 1-40;
    (iii) Twenty or more of the inspection units 1-60;
    (iv) Twenty-five or more of the inspection units 1-80;
    (v) Thirty or more of the inspection units 1-100; or
    (vi) Thirty-five or more of the inspection units 1-120.
    (vii) Sequence can be continued in increments of 20 inspection 
units by increasing the number of rejected inspection units by 5.
    (f) Cold treatment. In addition to all other requirements of this 
section, apples or pears may be imported into the United States from 
France, Italy, Portugal, or Spain only if the fruit is cold treated for 
the Mediterranean fruit fly in accordance with part 305 of this 
chapter.
    (g) Plant pests; authorized treatments. (1) Apples from Belgium, 
Denmark, France, Great Britain, Italy, the Netherlands, Northern 
Ireland, Norway, Portugal, the Republic of Ireland, Spain, Sweden, 
Switzerland, and Germany; and pears from Belgium, France, Great 
Britain, Italy, the Netherlands, Portugal, and Spain may be imported 
into the United States only if they are found free of the following 
pests or, if an authorized treatment is available, they are treated 
for: The pear leaf blister moth (Leucoptera malifoliella (O.G. Costa) 
(Lyonetiidae)), the plum fruit moth (Cydia funebrana (Treitschke) 
(Tortricidae)), the summer fruit tortrix moth (Adoxophyes orana 
(Fischer von Rosslertamm) (Tortricidae)), a leaf roller (Argyrotaenia 
pulchellana (Haworth) (Tortricidae)), and other insect pests that do 
not exist in the United States or that are not widespread in the United 
States.
    (2) Authorized treatments are listed in part 305 of this chapter.
    (h) Inspection in the United States. Notwithstanding provisions to 
the contrary in paragraphs (c) and (d) of this section, the 
Administrator may allow apples or pears imported under this section to 
be inspected at a port of arrival in the United States, in lieu of a 
preclearance inspection, under the following conditions:
    (1) The Administrator has determined that inspection can be 
accomplished at the port of arrival without increasing the risk of 
introducing insect pests into the United States;
    (2) Each pallet of apples or pears must be completely enclosed in 
plastic, to prevent the escape of insects, before it is offloaded at 
the port of arrival;
    (3) The entire consignment of apples or pears must be offloaded and 
moved to an enclosed warehouse, where adequate inspection facilities 
are available, under the supervision of an inspector.
    (4) The Administrator must determine that a sufficient number of 
inspectors are available at the port of arrival to perform the services 
required.
    (5) The method of inspection will be the same as prescribed in 
paragraph (d) of this section for preclearance inspections.


Sec.  319.56-23  Apricots, nectarines, peaches, plumcot, and plums from 
Chile.

    (a) Importations allowed. Apricots, nectarines, peaches, plumcot, 
and plums may be imported into the United States from Chile in 
accordance with this section and all other applicable provisions of 
this subpart.\3\
---------------------------------------------------------------------------

    \3\ As provided in Sec.  319.56-4, apricots, nectarines, 
peaches, plumcot, and plums from Chile may also be imported if 
treated in accordance with a treatment listed in part 305 of this 
chapter and subject to other applicable regulations in this subpart.
---------------------------------------------------------------------------

    (b) Trust fund agreement. Apricots, nectarines, peaches, plumcot, 
and plums may be imported under the regulations in this section only if 
the national plant protection organization of Chile (Servicio Agricola 
y Ganadero, referred to in this section as SAG) or a private export 
group has entered into a trust fund agreement with APHIS in accordance 
with Sec.  319.56-6.
    (c) Responsibilities of Servicio Agricola y Ganadero. SAG will 
ensure that:
    (1) Apricots, nectarines, peaches, plumcot, or plums are presented 
to inspectors for preclearance in their shipping containers at the 
shipping site as prescribed in paragraph (d) of this section.
    (2) Apricots, nectarines, peaches, plumcot, and plums presented for 
inspection are identified in shipping documents accompanying each load 
of fruit that identify the packing shed where they were processed and 
the orchards where they were produced; and this identity is maintained 
until the apricots, nectarines, peaches, plumcot, or plums are released 
for entry into the United States.
    (3) Facilities for the inspections prescribed in paragraph (d) of 
this section are provided in Chile at an inspection site acceptable to 
APHIS.
    (d) Preclearance inspection. Preclearance inspection will be 
conducted in Chile under the direction of inspectors. An inspection 
unit will consist of a lot or consignment from which a statistical 
sample is drawn and examined. An inspection unit may represent multiple 
grower lots from different packing sheds. Apricots, nectarines, 
peaches, plumcot, or plums in any inspection unit may be shipped to the 
United Sates only if the inspection unit passes inspection as follows:
    (1) Inspectors will examine the contents of the cartons based on a 
biometric sampling scheme established for each inspection unit.
    (i) If the inspectors find evidence of any plant pest for which a 
treatment authorized in part 305 of this chapter is available, fruit in 
the inspection unit will remain eligible for shipment to the United 
States if the entire inspection unit is treated for the pest in Chile. 
However, if the entire inspection unit is not treated in this manner, 
or if a plant pest is found for which no treatment authorized in part 
305 of this chapter is available, the entire inspection unit will not 
be eligible for shipment to the United States.
    (ii) Apricots, nectarines, peaches, plumcot, and plums precleared 
for shipment to the United States as prescribed in this paragraph will 
not be inspected again in the United States except as necessary to 
ensure that the fruit has been precleared and for occasional monitoring 
purposes.
    (2) [Reserved]
    (e) Termination of preclearance programs. Consignments of apricots, 
nectarines, peaches, plumcot, and plums will be individually evaluated 
regarding the rates of infestation of inspection units of these 
articles presented for preclearance. The inspection program for an 
article will be terminated when inspections establish that the rate of 
infestation of inspection units of the article by pests listed in 
paragraph (f) of this section exceeds 20 percent calculated on any 
consecutive 14 days of actual inspections (not counting days on which 
inspections are not conducted). Termination of the inspection program 
for an article will require mandatory treatment in Chile, prior to 
shipment to the United States, of consignments of the article for the 
remainder of that shipping season. If a preclearance inspection program 
is terminated with Chile, precleared fruit in transit to the United 
States at the time of termination will be spot-checked by inspectors 
upon arrival in the United States for evidence of plant pests

[[Page 39514]]

referred to in paragraph (f) of this section.
    (f) Plant pests; authorized treatments. (1) Apricots, nectarines, 
peaches, plumcot, or plums from Chile may be imported into the United 
States only if they are found free of the following pests or, if an 
authorized treatment is available, they are treated for: Proeulia spp., 
Leptoglossus chilensis, Megalometis chilensis, Naupactus xanthographus, 
Listroderes subcinctus, and Conoderus rufangulus, and other insect 
pests that the Administrator has determined do not exist, or are not 
widespread, in the United States.
    (2) Authorized treatments are listed in part 305 of this chapter.
    (g) Inspection in the United States. Notwithstanding provisions to 
the contrary in paragraphs (c) and (d) of this section, the 
Administrator may, in emergency or extraordinary situations, allow 
apricots, nectarines, peaches, plumcot, or plums imported under this 
section to be inspected at a port of arrival in the United States, in 
lieu of a preclearance inspection or fumigation in Chile, under the 
following conditions:
    (1) The Administrator is satisfied that a unique situation exists 
which justifies a limited exception to mandatory preclearance;
    (2) The Administrator has determined that inspection and/or 
treatment can be accomplished at the intended port of arrival without 
increasing the risk of introducing quarantine pests into the United 
States;
    (3) The entire consignment of apricots, nectarines, peaches, 
plumcot, or plums must be offloaded and moved to an enclosed warehouse, 
where inspection and treatment facilities are available.
    (4) The Administrator must determine that a sufficient number of 
inspectors are available at the port of arrival to perform the services 
required.
    (5) The method of sampling and inspection will be the same as 
prescribed in paragraph (d) of this section for preclearance 
inspections.


Sec.  319.56-24  Lettuce and peppers from Israel.

    (a) Lettuce may be imported into the United States from Israel 
without fumigation for leafminers, thrips, and Sminthuris viridis only 
in accordance with this section and all other applicable provisions of 
this subpart.
    (1) Growing conditions. (i) The lettuce must be grown in insect-
proof houses covered with 50 mesh screens, double self-closing doors, 
and hard walks (no soil) between the beds;
    (ii) The lettuce must be grown in growing media that has been 
sterilized by steam or chemical means;
    (iii) The lettuce must be inspected during its active growth phase 
and the inspection must be monitored by a representative of the Israeli 
national plant protection organization;
    (iv) The crop must be protected with sticky traps and prophylactic 
sprays approved for the crop by Israel;
    (v) The lettuce must be moved to an insect-proof packinghouse at 
night in plastic containers covered by 50 mesh screens;
    (vi) The lettuce must be packed in an insect-proof packinghouse, 
individually packed in transparent plastic bags, packed in cartons, 
placed on pallets, and then covered with shrink wrapping; and
    (vii) The lettuce must be transported to the airport in a closed 
refrigerated truck for shipment to the United States.
    (2) Each consignment of lettuce must be accompanied by a 
phytosanitary certificate issued by the Israeli national plant 
protection organization stating that the conditions of paragraph (a)(1) 
of this section have been met.
    (b) Peppers (fruit) (Capsicum spp.) from Israel may be imported 
into the United States only under the following conditions:
    (1) The peppers have been grown in the Arava Valley by growers 
registered with the Israeli Department of Plant Protection and 
Inspection (DPPI).
    (2) Malathion bait sprays shall be applied in the residential areas 
of the Arava Valley at 6-to 10-day intervals beginning not less than 30 
days before the harvest of backyard host material in residential areas 
and shall continue through harvest.
    (3) The peppers have been grown in insect-proof plastic 
screenhouses approved by the DPPI and APHIS. Houses shall be examined 
periodically by DPPI or APHIS personnel for tears in either plastic or 
screening.
    (4) Trapping for Mediterranean fruit fly (Medfly) shall be 
conducted by DPPI throughout the year in the agricultural region along 
Arava Highway 90 and in the residential area of Paran. The capture of a 
single Medfly in a screenhouse will immediately cancel export from that 
house until the source of the infestation is delimited, trap density is 
increased, pesticide sprays are applied, or other measures acceptable 
to APHIS are taken to prevent further occurrences.
    (5) Signs in English and Hebrew shall be posted along Arava Highway 
90 stating that it is prohibited to throw out/discard fruits and 
vegetables from passing vehicles.
    (6) Sorting and packing of peppers shall be done in the insect-
proof screenhouses in the Arava Valley.
    (7) Prior to movement from approved insect-proof screenhouses in 
the Arava Valley, the peppers must be packed in either individual 
insect-proof cartons or in non-insect-proof cartons that are covered by 
insect-proof mesh or plastic tarpaulins; covered non-insect-proof 
cartons must be placed in shipping containers.
    (8) The packaging safeguards required by paragraph (b)(7) of this 
section must remain intact at all times during the movement of the 
peppers to the United States and must be intact upon arrival of the 
peppers in the United States.
    (9) Each consignment of peppers must be accompanied by a 
phytosanitary certificate issued by the Israeli national plant 
protection organization stating that the conditions of paragraphs 
(b)(1) through (b)(7) of this section have been met.

(Approved by the Office of Management and Budget under control 
number 0579-0210)


Sec.  319.56-25  Papayas from Central America and Brazil.

    The Solo type of papaya may be imported into the continental United 
States, Alaska, Puerto Rico, and the U.S. Virgin Islands only in 
accordance with this section and all other applicable provisions of 
this subpart.
    (a) The papayas were grown and packed for shipment to the United 
States in one of the following locations:
    (1) Brazil: State of Espirito Santo; all areas in the State of 
Bahia that are between the Jequitinhonha River and the border with the 
State of Espirito Santo and all areas in the State of Rio Grande del 
Norte that contain the following municipalities: Touros, Pureza, Rio do 
Fogo, Barra de Maxaranguape, Taipu, Ceara Mirim, Extremoz, Ielmon 
Marinho, Sao Goncalo do Amarante, Natal, Maciaba, Parnamirim, Veracruz, 
Sao Jose de Mipibu, Nizia Floresta, Monte Aletre, Areas, Senador 
Georgino Avelino, Espirito Santo, Goianinha, Tibau do Sul, Vila Flor, 
and Canguaretama e Baia Formosa.
    (2) Costa Rica: Provinces of Guanacaste, Puntarenas, San Jose.
    (3) El Salvador: Departments of La Libertad, La Paz, and San 
Vicente.
    (4) Guatemala: Departments of Escuintla, Retalhuleu, Santa Rosa, 
and Suchitep[eacute]quez.
    (5) Honduras: Departments of Comayagua, Cort[eacute]s, and Santa 
B[aacute]rbara.
    (6) Nicaragua: Departments of Carazo, Granada, Leon, Managua, 
Masaya, and Rivas.

[[Page 39515]]

    (7) Panama: Provinces of Cocle, Herrera, and Los Santos; Districts 
of Aleanje, David, and Dolega in the Province of Chiriqui; and all 
areas in the Province of Panama that are west of the Panama Canal.
    (b) Beginning at least 30 days before harvest began and continuing 
through the completion of harvest, all trees in the field where the 
papayas were grown were kept free of papayas that were one-half or more 
ripe (more than one-fourth of the shell surface yellow), and all culled 
and fallen fruits were buried, destroyed, or removed from the farm at 
least twice a week.
    (c) The papayas were held for 20 minutes in hot water at 48 [deg]C 
(118.4 [deg]F).
    (d) When packed, the papayas were less than one-half ripe (the 
shell surface was no more than one-fourth yellow, surrounded by light 
green), and appeared to be free of all injurious insect pests.
    (e) The papayas were safeguarded from exposure to fruit flies from 
harvest to export, including being packaged so as to prevent access by 
fruit flies and other injurious insect pests. The package containing 
the papayas does not contain any other fruit, including papayas not 
qualified for importation into the United States.
    (f) All cartons in which papayas are packed must be stamped ``Not 
for importation into or distribution in HI.''
    (g) All activities described in paragraphs (a) through (f) of this 
section were carried out under the supervision and direction of plant 
health officials of the national plant protection organization (NPPO).
    (h) Beginning at least 1 year before harvest begins and continuing 
through the completion of harvest, fruit fly traps were maintained in 
the field where the papayas were grown. The traps were placed at a rate 
of 1 trap per hectare and were checked for fruit flies at least once 
weekly by plant health officials of the NPPO. Fifty percent of the 
traps were of the McPhail type and 50 percent of the traps were of the 
Jackson type. If the average Jackson trap catch was greater than seven 
Medflies per trap per week, measures were taken to control the Medfly 
population in the production area. The NPPO kept records of fruit fly 
finds for each trap, updated the records each time the traps were 
checked, and made the records available to APHIS inspectors upon 
request. The records were maintained for at least 1 year.
    (i) If the average Jackson trap catch exceeds 14 Medflies per trap 
per week, importations of papayas from that production area must be 
halted until the rate of capture drops to an average of 7 or fewer 
Medflies per trap per week.
    (j) In the State of Espirito Santo, Brazil, if the average McPhail 
trap catch was greater than seven South American fruit flies 
(Anastrepha fraterculus) per trap per week, measures were taken to 
control the South American fruit fly population in the production area. 
If the average McPhail trap catch exceeds 14 South American fruit flies 
per trap per week, importations of papayas from that production area 
must be halted until the rate of capture drops to an average of 7 or 
fewer South American fruit flies per trap per week.
    (k) All consignments must be accompanied by a phytosanitary 
certificate issued by the national Ministry of Agriculture stating that 
the papayas were grown, packed, and shipped in accordance with the 
provisions of this section.

(Approved by the Office of Management and Budget under control 
number 0579-0128)


Sec.  319.56-26  Melon and watermelon from certain countries in South 
America.

    (a) Cantaloupe and watermelon from Ecuador. Cantaloupe (Cucumis 
melo) and watermelon (fruit) (Citrullus lanatus) may be imported into 
the United States from Ecuador only in accordance with this paragraph 
and all other applicable provisions of this subpart:
    (1) The cantaloupe or watermelon may be imported in commercial 
consignments only.
    (2) The cantaloupe or watermelon must have been grown in an area 
where trapping for the South American cucurbit fly (Anastrepha grandis) 
has been conducted for at least the previous 12 months by the national 
plant protection organization (NPPO) of Ecuador, under the direction of 
APHIS, with no findings of the pest.\4 \
---------------------------------------------------------------------------

    \4\ Information on the trapping program may be obtained by 
writing to the Animal and Plant Health Inspection Service, 
International Services, Stop 3432, 1400 Independence Avenue, SW., 
Washington, DC 20250-3432.
---------------------------------------------------------------------------

    (3) The following area meets the requirements of paragraph (a)(2) 
of this section: The area within 5 kilometers of either side of the 
following roads:
    (i) Beginning in Guayaquil, the road north through Nobol, 
Palestina, and Balzar to Velasco-Ibarra (Empalme);
    (ii) Beginning in Guayaquil, the road south through E1 26, Puerto 
Inca, Naranjal, and Camilo Ponce to Enriquez;
    (iii) Beginning in Guayaquil, the road east through Palestina to 
Vinces;
    (iv) Beginning in Guayaquil, the road west through Piedrahita 
(Novol) to Pedro Carbo; or
    (v) Beginning in Guayaquil, the road west through Progreso, 
Engunga, Tugaduaja, and Zapotal to El Azucar.
    (4) The cantaloupe or watermelon may not be moved into Alabama, 
American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii, 
Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas, 
and the U.S. Virgin Islands. The boxes in which the cantaloupe or 
watermelon is packed must be stamped with the name of the commodity 
followed by the words ``Not to be distributed in the following States 
or territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA, MS, NM, PR, SC, TX, 
VI''.
    (b) Cantaloupe, netted melon, vegetable melon, winter melon, and 
watermelon from Peru. Cantaloupe, netted melon, vegetable melon, and 
winter melon (Cucumis melo L. subsp. melo) and watermelon may be 
imported into the United States from Peru only in accordance with this 
paragraph and all other applicable requirements of this subpart:
    (1) The fruit may be imported in commercial consignments only.
    (2) The fruit must have been grown in an area of Peru considered by 
APHIS to be free of the South American cucurbit fly, must be 
accompanied by a phytosanitary certificate declaring its origin in such 
an area, and must be safeguarded and labeled, each in accordance with 
Sec.  319.56-5 of this subpart.
    (3) The phytosanitary certificate required under Sec.  319.56-5 
must also include a declaration by the NPPO of Peru indicating that, 
upon inspection, the fruit was found free of the gray pineapple 
mealybug (Dysmicoccus neobrevipes).
    (4) All consignments of fruit must be labeled in accordance with 
Sec.  319.56(5(e) of this subpart, and the boxes in which the fruit is 
packed must be labeled ``Not for distribution in HI, PR, VI, or Guam.''

(Approved by the Office of Management and Budget under control 
number 0579-0236)


Sec.  319.56-27  Fuji variety apples from Japan and the Republic of 
Korea.

    Fuji variety apples may be imported into the United States from 
Japan and the Republic of Korea only in accordance with this section 
and all other applicable provisions of this subpart.
    (a) Treatment and fumigation. The apples must be cold treated and 
then fumigated, under the supervision of an APHIS inspector, either in 
Japan or the Republic of Korea, for the peach fruit moth (Carposina 
niponensis), the yellow peach moth (Conogethes punctiferalis), and the 
fruit tree spider mite (Tetranychus viennensis), in accordance with 
part 305 of this chapter.

[[Page 39516]]

    (b) APHIS inspection. The apples must be inspected upon completion 
of the treatments required by paragraph (a) of this section, prior to 
export from Japan or the Republic of Korea, by an APHIS inspector and 
an inspector from the national plant protection agency of Japan or the 
Republic of Korea. The apples shall be subject to further disinfection 
in the exporting country if plant pests are found prior to export. 
Imported Fuji variety apples inspected in Japan or the Republic of 
Korea are also subject to inspection and disinfection at the port of 
first arrival, as provided in Sec.  319.56-3.
    (c) Trust fund agreements. The national plant protection agency of 
the exporting country must enter into a trust fund agreement with APHIS 
in accordance with Sec.  319.56-6 before APHIS will provide the 
services necessary for Fuji variety apples to be imported into the 
United States from Japan or the Republic of Korea.


Sec.  319.56-28  Tomatoes from certain countries.

    (a) Tomatoes (fruit) (Lycopersicon esculentum) from Spain. Pink or 
red tomatoes may be imported into the United States from Spain only in 
accordance with this section and all other applicable provisions of 
this subpart.\5\
---------------------------------------------------------------------------

    \5\ The surface area of a pink tomato is more than 30 percent 
but not more than 60 percent pink and/or red. The surface area of a 
red tomato is more than 60 percent pink and/or red. Green tomatoes 
from Spain, France, Morocco, and Western Sahara may be imported in 
accordance with Sec. Sec.  319.56-3 and 319.56-4.
---------------------------------------------------------------------------

    (1) The tomatoes must be grown in the Almeria Province, the Murcia 
Province, or the municipalities of Albu[ntilde]ol and Carchuna in the 
Granada Province of Spain in greenhouses registered with, and inspected 
by, the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);
    (2) The tomatoes may be shipped only from December 1 through April 
30, inclusive;
    (3) Two months prior to shipping, and continuing through April 30, 
MAFF must set and maintain Mediterranean fruit fly (Medfly) traps 
baited with trimedlure inside the greenhouses at a rate of four traps 
per hectare. In all areas outside the greenhouses and within 8 
kilometers, including urban and residential areas, MAFF must place 
Medfly traps at a rate of four traps per square kilometer. All traps 
must be checked every 7 days;
    (4) Capture of a single Medfly in a registered greenhouse will 
immediately result in cancellation of exports from that greenhouse 
until the source of infestation is determined, the Medfly infestation 
is eradicated, and measures are taken to preclude any future 
infestation. Capture of a single Medfly within 2 kilometers of a 
registered greenhouse will necessitate increasing trap density in order 
to determine whether there is a reproducing population in the area. 
Capture of two Medflies within 2 kilometers of a registered greenhouse 
and within a 1-month time period will result in cancellation of exports 
from all registered greenhouses within 2 kilometers of the find until 
the source of infestation is determined and the Medfly infestation is 
eradicated;
    (5) MAFF must maintain records of trap placement, checking of 
traps, and any Medfly captures, and must make the records available to 
APHIS upon request;
    (6) The tomatoes must be packed within 24 hours of harvest. They 
must be safeguarded from harvest to export by insect-proof mesh screens 
or plastic tarpaulins, including while in transit to the packinghouse 
and while awaiting packaging. They must be packed in insect-proof 
cartons or containers, or covered by insect-proof mesh or plastic 
tarpaulins for transit to the airport and subsequent export to the 
United States. These safeguards must be intact upon arrival in the 
United States; and
    (7) MAFF is responsible for export certification inspection and 
issuance of phytosanitary certificates. Each consignment of tomatoes 
must be accompanied by a phytosanitary certificate issued by MAFF and 
bearing the declaration, ``These tomatoes were grown in registered 
greenhouses in Almeria Province, the Murcia Province, or the 
municipalities of Albu[ntilde]ol and Carchuna in the Granada Province 
in Spain.''
    (b) Tomatoes (fruit) (Lycopersicon esculentum) from France. Pink or 
red tomatoes may be imported into the United States from France only in 
accordance with this section and other applicable provisions of this 
subpart.\6\
---------------------------------------------------------------------------

    \6\ See footnote 5 to paragraph (a) of this section.
---------------------------------------------------------------------------

    (1) The tomatoes must be grown in the Brittany Region of France in 
greenhouses registered with, and inspected by, the Service de la 
Protection Vegetaux (SRPV);
    (2) From June 1 through September 30, SRPV must set and maintain 
one Medfly trap baited with trimedlure inside and one outside each 
greenhouse and must check the traps every 7 days;
    (3) Capture of a single Medfly inside or outside a registered 
greenhouse will immediately result in cancellation of exports from that 
greenhouse until the source of the infestation is determined, the 
Medfly infestation is eradicated, and measures are taken to preclude 
any future infestation;
    (4) SRPV must maintain records of trap placement, checking of 
traps, and any Medfly captures, and must make them available to APHIS 
upon request;
    (5) From June 1 through September 30, the tomatoes must be packed 
within 24 hours of harvest. They must be safeguarded by insect-proof 
mesh screen or plastic tarpaulin while in transit to the packinghouse 
and while awaiting packing. They must be packed in insect-proof cartons 
or containers, or covered by insect-proof mesh screen or plastic 
tarpaulin. These safeguards must be intact upon arrival in the United 
States; and
    (6) SRPV is responsible for export certification inspection and 
issuance of phytosanitary certificates. Each consignment of tomatoes 
must be accompanied by a phytosanitary certificate issued by SRPV and 
bearing the declaration, ``These tomatoes were grown in registered 
greenhouses in the Brittany Region of France.''
    (c) Tomatoes (fruit) (Lycopersicon esculentum) from Morocco and 
Western Sahara. Pink tomatoes may be imported into the United States 
from Morocco and Western Sahara only in accordance with this section 
and other applicable provisions of this subpart.\7\
---------------------------------------------------------------------------

    \7\ See footnote 5 to paragraph (a) of this section.
---------------------------------------------------------------------------

    (1) The tomatoes must be grown in the provinces of El Jadida or 
Safi in Morocco or in the province of Dahkla in Western Sahara in 
insect-proof greenhouses registered with, and inspected by, the 
Moroccan Ministry of Agriculture, Division of Plant Protection, 
Inspection, and Enforcement (DPVCTRF);
    (2) The tomatoes may be shipped from Morocco and Western Sahara 
only between December 1 and April 30, inclusive;
    (3) Beginning 2 months prior to the start of the shipping season 
and continuing through the end of the shipping season, DPVCTRF must set 
and maintain Mediterranean fruit fly (Medfly) traps baited with 
trimedlure inside the greenhouses at a rate of four traps per hectare. 
In Morocco, traps must also be placed outside registered greenhouses 
within a 2-kilometer radius at a rate of four traps per square 
kilometer. In Western Sahara, a single trap must be placed outside in 
the immediate proximity of each registered greenhouse. All traps in 
Morocco and Western Sahara must be checked every 7 days;

[[Page 39517]]

    (4) DPVCTRF must maintain records of trap placement, checking of 
traps, and any Medfly captures, and make the records available to APHIS 
upon request;
    (5) Capture of a single Medfly in a registered greenhouse will 
immediately result in cancellation of exports from that greenhouse 
until the source of the infestation is determined, the Medfly 
infestation has been eradicated, and measures are taken to preclude any 
future infestation. Capture of a single Medfly within 200 meters of a 
registered greenhouse will necessitate increasing trap density in order 
to determine whether there is a reproducing population in the area. Six 
additional traps must be placed within a radius of 200 meters 
surrounding the trap where the Medfly was captured. Capture of two 
Medflies within 200 meters of a registered greenhouse and within a 1-
month time period will necessitate Malathion bait sprays in the area 
every 7 to 10 days for 60 days to ensure eradication;
    (6) The tomatoes must be packed within 24 hours of harvest and must 
be pink at the time of packing. They must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. They must be packed in insect-
proof cartons or containers, or covered by insect-proof mesh or plastic 
tarpaulin for transit to the airport and export to the United States. 
These safeguards must be intact upon arrival in the United States; and
    (7) The Moroccan Ministry of Agriculture, Fresh Product Export 
(EACCE) is responsible for export certification inspection and issuance 
of phytosanitary certificates. Each consignment of tomatoes must be 
accompanied by a phytosanitary certificate issued by EACCE and bearing 
the declaration, ``These tomatoes were grown in registered greenhouses 
in El Jadida or Safi Province, Morocco, and were pink at the time of 
packing'' or ``These tomatoes were grown in registered greenhouses in 
Dahkla Province, Western Sahara and were pink at the time of packing.''
    (d) Tomatoes from Chile. Tomatoes (fruit) (Lycopersicon esculentum) 
from Chile, whether green or at any stage of ripeness, may be imported 
into the United States with treatment in accordance with paragraph 
(d)(1) of this section or if produced in accordance with the systems 
approach described in paragraph (d)(2) of this section.
    (1) With treatment. (i) The tomatoes must be treated in Chile with 
methyl bromide in accordance with part 305 of this chapter. The 
treatment must be conducted in facilities registered with the Servicio 
Agricola y Ganadero (SAG) and with APHIS personnel monitoring the 
treatments;
    (ii) The tomatoes must be treated and packed within 24 hours of 
harvest. Once treated, the tomatoes must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and awaiting packing. They must be packed in insect-proof 
cartons or containers, or insect-proof mesh or plastic tarpaulin under 
APHIS monitoring for transit to the airport and subsequent export to 
the United States. These safeguards must be intact upon arrival in the 
United States; and
    (iii) Tomatoes may be imported into the United States from Chile 
with treatment in accordance with this paragraph (d)(1) only if SAG has 
entered into a trust fund agreement with APHIS for that shipping season 
in accordance with Sec.  319.56-6. This agreement requires SAG to pay 
in advance all costs that APHIS estimates it will incur in providing 
the preclearance services prescribed in this section for that shipping 
season.
    (2) Systems approach. The tomatoes may be imported without 
fumigation for Tuta absoluta, Rhagoletis tomatis, and Mediterranean 
fruit fly (Medfly, Ceratitis capitata) if they meet the following 
conditions:
    (i) The tomatoes must be grown in approved production sites that 
are registered with SAG. Initial approval of the production sites will 
be completed jointly by SAG and APHIS. SAG will visit and inspect the 
production sites monthly, starting 2 months before harvest and 
continuing until the end of the shipping season. APHIS may monitor the 
production sites at any time during this period.
    (ii) Tomato production sites must consist of pest-exclusionary 
greenhouses, which must have double self-closing doors and have all 
other openings and vents covered with 1.6 mm (or less) screening.
    (iii) The tomatoes must originate from an area that has been 
determined by APHIS to be free of Medfly in accordance with the 
procedures described in Sec.  319.56-5 or an area where Medfly trapping 
occurs. Production sites in areas where Medfly is known to occur must 
contain traps for both Medfly and Rhagoletis tomatis in accordance with 
paragraphs (d)(2)(iii) and (d)(2)(iv) of this section. Production sites 
in all other areas do not require trapping for Medfly. The trapping 
protocol for the detection of Medfly in infested areas is as follows:
    (A) McPhail traps with an approved protein bait must be used within 
registered greenhouses. Traps must be placed inside greenhouses at a 
density of 4 traps/10 ha, with a minimum of at least two traps per 
greenhouse.
    (B) Medfly traps with trimedlure must be placed inside a buffer 
area 500 meters wide around the registered production site, at a 
density of 1 trap/10 ha and a minimum of 10 traps. These traps must be 
checked at least every 7 days. At least one of these traps must be near 
a greenhouse. Traps must be set for at least 2 months before export and 
trapping and continue to the end of the harvest season.
    (C) Medfly prevalence levels in the surrounding areas must be 0.7 
Medflies per trap per week or lower. If levels exceed this before 
harvest, the production site will be prohibited from shipping under the 
systems approach. If the levels exceed this after the 2 months prior to 
harvest, the production site would be prohibited from shipping under 
the systems approach until APHIS and SAG agree that the pest risk has 
been mitigated.
    (iv) Registered production sites must contain traps for Rhagoletis 
tomatis in accordance with the following provisions:
    (A) McPhail traps with an approved protein bait must be used within 
registered greenhouses. Traps must be placed inside greenhouses at a 
density of 4 traps/10 ha, with a minimum of at least two traps per 
greenhouse. Traps inside greenhouses will use the same bait for Medfly 
and Rhagoletis tomatis because the bait used for R. tomatis is 
sufficient for attracting both types of fruit fly within the confines 
of a greenhouse; therefore, it is unnecessary to repeat this trapping 
protocol in production sites in areas where Medfly is known to occur.
    (B) McPhail traps with an approved protein bait must be placed 
inside a 500 meter buffer zone at a density of 1 trap/10 ha surrounding 
the production site. At least one of the traps must be near a 
greenhouse. Traps must be set for at least 2 months before export until 
the end of the harvest season and must be checked at least every 7 
days. In areas where Medfly trapping is required, traps located outside 
of greenhouses must contain different baits for Medfly and Rhagoletis 
tomatis. There is only one approved bait for R. tomatis and the bait is 
not strong enough to lure Medfly when used outside greenhouses; 
therefore, separate traps must be used for each type of fruit fly 
present in the area surrounding the greenhouses.
    (C) If within 30 days of harvest a single Rhagoletis tomatis is 
captured

[[Page 39518]]

inside the greenhouse or in a consignment or if two R. tomatis are 
captured or detected in the buffer zone, shipments from the production 
site will be suspended until APHIS and SAG determine that risk 
mitigation is achieved.
    (v) Registered production sites must conduct regular inspections 
for Tuta absoluta throughout the harvest season and find these areas 
free of T. absoluta evidence (e.g., eggs or larvae). If within 30 days 
of harvest, two T. absoluta are captured inside the greenhouse or a 
single T. absoluta is found inside the fruit or in a consignment, 
shipments from the production site will be suspended until APHIS and 
SAG determine that risk mitigation is achieved.
    (vi) SAG will ensure that populations of Liriomyza huidobrensis 
inside greenhouses are well managed by doing inspections during the 
monthly visits specifically for L. huidobrensis mines in the leaves and 
for visible external pupae or adults. If L. huidobrensis is found to be 
generally infesting the production site, shipments from the production 
site will be suspended until APHIS and SAG agree that risk mitigation 
is achieved.
    (vii) All traps must be placed at least 2 months prior to harvest 
and be maintained throughout the harvest season and be monitored and 
serviced weekly.
    (viii) SAG must maintain records of trap placement, checking of 
traps, and of any Rhagoletis tomatis or Tuta absoluta captures for 1 
year for APHIS review. SAG must maintain an APHIS approved quality 
control program to monitor or audit the trapping program. APHIS must be 
notified when a production site is removed from or added to the 
program.
    (ix) The tomatoes must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The tomatoes must be safeguarded by a 
pest-proof screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Tomatoes must be packed in 
insect-proof cartons or containers or covered with insect-proof mesh or 
plastic tarpaulin for transit to the United States. These safeguards 
must remain intact until arrival in the United States.
    (x) During the time the packinghouse is in use for exporting fruit 
to the United States, the packinghouse may only accept fruit from 
registered approved production sites.
    (xi) SAG is responsible for export certification inspection and 
issuance of phytosanitary certificates. Each consignment of tomatoes 
must be accompanied by a phytosanitary certificate issued by SAG with 
an additional declaration, ``These tomatoes were grown in an approved 
production site in Chile.'' The shipping box must be labeled with the 
identity of the production site.
    (e) Tomatoes (fruit) (Lycopersicon esculentum) from Australia. 
Tomatoes may be imported into the United States from Australia only in 
accordance with this section and other applicable provisions of this 
subpart.
    (1) The tomatoes must be grown in greenhouses registered with, and 
inspected by, the Australian Quarantine Inspection Service (AQIS);
    (2) Two months prior to shipping, AQIS must inspect the greenhouse 
to establish its freedom from the following quarantine pests: 
Bactrocera aquilonis, B. cucumis, B. jarvis, B. neohumeralis, B. 
tryoni, Ceratitis capitata, Chrysodeixis argentifera, C. erisoma, 
Helicoverpa armigera, H. punctigera, Lamprolonchaea brouniana, 
Sceliodes cordalis, and Spodoptera litura. AQIS must also set and 
maintain fruit fly traps inside the greenhouses and around the 
perimeter of the greenhouses. Inside the greenhouses, the traps must be 
APHIS-approved fruit fly traps, and they must be set at the rate of six 
per hectare. In all areas outside the greenhouse and within 8 
kilometers of the greenhouse, fruit fly traps must be placed on a 1-
kilometer grid. All traps must be checked at least every 7 days;
    (3) Within a registered greenhouse, capture of a single fruit fly 
or other quarantine pest will result in immediate cancellation of 
exports from that greenhouse until the source of the infestation is 
determined, the infestation has been eradicated, and measures are taken 
to preclude any future infestation;
    (4) Outside of a registered greenhouse, if one fruit fly of the 
species specified in paragraph (e)(2) of this section is captured, the 
trap density and frequency of trap inspection must be increased to 
detect a reproducing colony. Capture of two Medflies or three of the 
same species of Bactrocera within 2 kilometers of each other and within 
30 days will result in the cancellation of exports from all registered 
greenhouses within 2 kilometers of the finds until the source of the 
infestation is determined and the fruit fly infestation is eradicated;
    (5) AQIS must maintain records of trap placement, checking of 
traps, and any fruit fly captures, and must make the records available 
to APHIS upon request;
    (6) The tomatoes must be packed within 24 hours of harvest. They 
must be safeguarded by an insect-proof mesh screen or plastic tarpaulin 
while in transit to the packinghouse or while awaiting packing. They 
must be placed in insect-proof cartons or containers, or securely 
covered with insect-proof mesh or plastic tarpaulin for transport to 
the airport or other shipping point. These safeguards must be intact 
upon arrival in the United States; and
    (7) Each consignment of tomatoes must be accompanied by a 
phytosanitary certificate issued by AQIS stating ``These tomatoes were 
grown, packed, and shipped in accordance with the requirements of Sec.  
319.56-28(e) of 7 CFR.''
    (f) Tomatoes (fruit) (Lycopersicon esculentum) from certain 
countries in Central America. Pink or red tomatoes may be imported into 
the United States from Costa Rica, El Salvador, Guatemala, Honduras, 
Nicaragua, and Panama only under the following conditions:
    (1) From areas free of Mediterranean fruit fly:
    (i) The tomatoes must be grown and packed in an area that has been 
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in 
accordance with the procedures described in Sec.  319.56-5.
    (ii) A pre-harvest inspection of the production site must be 
conducted by the national plant protection organization (NPPO) of the 
exporting country for pea leafminer, tomato fruit borer, and potato 
spindle tuber viroid. If any of these pests are found to be generally 
infesting the production site, the NPPO may not allow exports from that 
production site until the NPPO and APHIS have determined that risk 
mitigation has been achieved.
    (iii) The tomatoes must be packed in insect-proof cartons or 
containers or covered with insect-proof mesh or plastic tarpaulin at 
the packinghouse for transit to the United States. These safeguards 
must remain intact until arrival in the United States.
    (iv) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each consignment of tomatoes must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
tomatoes were grown in an area recognized to be free of Medfly and the 
consignment has been inspected and found free of the pests listed in 
the requirements.''
    (2) From areas where Medfly is considered to exist:
    (i) The tomatoes must be grown in approved registered production 
sites. Initial approval of the production sites will be completed 
jointly by the

[[Page 39519]]

exporting country's NPPO and APHIS. The exporting country's NPPO must 
visit and inspect the production sites monthly starting 2 months before 
harvest and continuing through until the end of the shipping season. 
APHIS may monitor the production sites at any time during this period.
    (ii) Tomato production sites must consist of pest-exclusionary 
greenhouses, which must have double self-closing doors and have all 
other openings and vents covered with 1.6 mm (or less) screening.
    (iii) Registered sites must contain traps for the detection of 
Medfly both within and around the production site as follows:
    (A) Traps with an approved protein bait for Medfly must be placed 
inside the greenhouses at a density of four traps per hectare, with a 
minimum of two traps per greenhouse. Traps must be serviced on a weekly 
basis.
    (B) If a single Medfly is detected inside a registered production 
site or in a consignment, the registered production site will lose its 
ability to export tomatoes to the United States until APHIS and the 
exporting country's NPPO mutually determine that risk mitigation is 
achieved.
    (C) Medfly traps with an approved lure must be placed inside a 
buffer area 500 meters wide around the registered production site, at a 
density of 1 trap per 10 hectares and a minimum of 10 traps. These 
traps must be checked at least every 7 days. At least one of these 
traps must be near the greenhouse. Traps must be set for at least 2 
months before export and trapping must continue to the end of the 
harvest.
    (D) Capture of 0.7 or more Medflies per trap per week will delay or 
suspend the harvest, depending on whether harvest has begun, for 
consignments of tomatoes from that production site until APHIS and the 
exporting country's NPPO can agree that the pest risk has been 
mitigated.
    (E) The greenhouse must be inspected prior to harvest for pea 
leafminer, tomato fruit borer, and potato spindle tuber viroid. If any 
of these pests, or other quarantine pests, are found to be generally 
infesting the greenhouse, exports from that production site will be 
halted until the exporting country's NPPO and APHIS determine that the 
pest risk has been mitigated.
    (iv) The exporting country's NPPO must maintain records of trap 
placement, checking of traps, and any Medfly captures in addition to 
production site and packinghouse inspection records. The exporting 
country's NPPO must maintain an APHIS-approved quality control program 
to monitor or audit the trapping program. The trapping records must be 
maintained for APHIS's review.
    (v) The tomatoes must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The tomatoes must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. The tomatoes must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit into the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (vi) During the time the packinghouse is in use for exporting 
tomatoes to the United States, the packinghouse may only accept 
tomatoes from registered approved production sites.
    (vii) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each consignment of tomatoes must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
tomatoes were grown in an approved production site and the consignment 
has been inspected and found free of the pests listed in the 
requirements.'' The shipping box must be labeled with the identity of 
the production site.

(Approved by the Office of Management and Budget under control 
numbers 0579-0049, 0579-0131, 0579-0316, and 0579-0286)


Sec.  319.56-29  Ya variety pears from China.

    Ya variety pears may be imported into the United States from China 
only in accordance with this section and all other applicable 
provisions of this subpart.
    (a) Growing and harvest conditions. (1) The pears must have been 
grown by growers registered with the national plant protection 
organization (NPPO) of China in an APHIS-approved export growing area 
in the Hebei or Shandong Provinces.
    (2) Field inspections for signs of pest infestation must be 
conducted by the national plant protection organization (NPPO) of China 
during the growing season.
    (3) The registered growers shall be responsible for following the 
phytosanitary measures agreed upon by APHIS and the NPPO of China, 
including applying pesticides to reduce the pest population and bagging 
the pears on the trees to reduce the opportunity for pests to attack 
the fruit during the growing season. The bags must remain on the pears 
through the harvest and during their movement to the packinghouse.
    (4) The packinghouses in which the pears are prepared for 
exportation shall not be used for any fruit other than Ya variety pears 
from registered growers during the pear export season. The 
packinghouses shall accept only those pears that are in intact bags as 
required by paragraph (a)(3) of this section. The pears must be loaded 
into containers at the packinghouse and the containers then sealed 
before movement to the port of export.
    (b) Treatment. Pears from Shandong Province must be cold treated 
for Bactrocera dorsalis in accordance with part 305 of this chapter.
    (c) Each consignment of pears must be accompanied by a 
phytosanitary certificate issued by the NPPO of China stating that the 
conditions of this section have been met.


Sec.  319.56-30  Hass avocados from Michoacan, Mexico.

    Fresh Hass variety avocados (Persea americana) may be imported from 
Michoacan, Mexico, into the United States in accordance with the 
requirements of Sec.  319.56-3 of this subpart, and only under the 
following conditions:
    (a) Shipping restrictions. (1) The avocados may be imported in 
commercial consignments only;
    (2) The avocados may be imported into and distributed in all 
States, but not Puerto Rico or any U.S. Territory.
    (b) Trust fund agreement. The avocados may be imported only if the 
Mexican avocado industry association representing Mexican avocado 
growers, packers, and exporters has entered into a trust fund agreement 
with APHIS for that shipping season in accordance with Sec.  319.56-6.
    (c) Safeguards in Mexico. The avocados must have been grown in the 
Mexican State of Michoacan in an orchard located in a municipality that 
meets the requirements of paragraph (c)(1) of this section. The orchard 
in which the avocados are grown must meet the requirements of paragraph 
(c)(2) of this section. The avocados must be packed for export to the 
United States in a packinghouse that meets the requirements of 
paragraph (c)(3) of this section. The Mexican national plant protection 
organization (NPPO) must provide an annual work plan to APHIS that 
details the activities that the Mexican NPPO will, subject to APHIS' 
approval of the work plan, carry out to meet the requirements of this 
section; APHIS will be directly involved with the Mexican NPPO in the 
monitoring and supervision of those activities. The

[[Page 39520]]

personnel conducting the trapping and pest surveys must be hired, 
trained, and supervised by the Mexican NPPO or by the Michoacan State 
delegate of the Mexican NPPO.
    (1) Municipality requirements. (i) The municipality must be listed 
as an approved municipality in the bilateral work plan provided to 
APHIS by the Mexican NPPO.
    (ii) The municipality must be surveyed at least semiannually (once 
during the wet season and once during the dry season) and found to be 
free from the large avocado seed weevil Heilipus lauri, the avocado 
seed moth Stenoma catenifer, and the small avocado seed weevils 
Conotrachelus aguacatae and C. perseae.
    (iii) Trapping must be conducted in the municipality for 
Mediterranean fruit fly (Medfly) (Ceratitis capitata) at the rate of 1 
trap per 1 to 4 square miles. Any findings of Medfly must be reported 
to APHIS.
    (2) Orchard and grower requirements. The orchard and the grower 
must be registered with the Mexican NPPO's avocado export program and 
must be listed as an approved orchard or an approved grower in the 
annual work plan provided to APHIS by the Mexican NPPO. The operations 
of the orchard must meet the following conditions:
    (i) The orchard and all contiguous orchards and properties must be 
surveyed semiannually and found to be free from the avocado stem weevil 
Copturus aguacatae.
    (ii) Trapping must be conducted in the orchard for the fruit flies 
Anastrepha ludens, A. serpentina, and A. striata at the rate of one 
trap per 10 hectares. If one of those fruit flies is trapped, at least 
10 additional traps must be deployed in a 50-hectare area immediately 
surrounding the trap in which the fruit fly was found. If within 30 
days of the first finding any additional fruit flies are trapped within 
the 260-hectare area surrounding the first finding, malathion bait 
treatments must be applied in the affected orchard in order for the 
orchard to remain eligible to export avocados.
    (iii) Avocado fruit that has fallen from the trees must be removed 
from the orchard at least once every 7 days and may not be included in 
field boxes of fruit to be packed for export.
    (iv) Dead branches on avocado trees in the orchard must be pruned 
and removed from the orchard.
    (v) Harvested avocados must be placed in field boxes or containers 
of field boxes that are marked to show the official registration number 
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.
    (vi) The avocados must be protected from fruit fly infestation 
during their movement from the orchard to the packinghouse and must be 
accompanied by a field record indicating that the avocados originated 
from a certified orchard.
    (3) Packinghouse requirements. The packinghouse must be registered 
with the Mexican NPPO's avocado export program and must be listed as an 
approved packinghouse in the annual work plan provided to APHIS by the 
Mexican NPPO. The operations of the packinghouse must meet the 
following conditions:
    (i) During the time the packinghouse is used to prepare avocados 
for export to the United States, the packinghouse may accept fruit only 
from orchards certified by the Mexican NPPO for participation in the 
avocado export program.
    (ii) All openings to the outside 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.
    (iii) 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.
    (iv) Prior to the culling process, a biometric sample, at a rate 
determined by APHIS, of avocados per consignment must be selected, cut, 
and inspected by the Mexican NPPO and found free from pests.
    (v) The identity of the avocados must be maintained from field 
boxes or containers to the shipping boxes so the avocados can be traced 
back to the orchard in which they were grown if pests are found at the 
packinghouse or the port of first arrival in the United States.
    (vi) Prior to being packed in boxes, each avocado fruit must be 
cleaned of all stems, leaves, and other portions of plants and labeled 
with a sticker that bears the official registration number of the 
packinghouse.
    (vii) The avocados must be packed in clean, new boxes, or clean 
plastic reusable crates. The boxes or crates must be clearly marked 
with the identity of the grower, packinghouse, and exporter. Between 
January 31, 2005, and January 31, 2007, the boxes or crates must be 
clearly marked with the statement ``Not for importation or distribution 
in CA, FL, HI, Puerto Rico or U.S. Territories.'' After January 31, 
2007, the boxes or crates must be clearly marked with the statement 
``Not for importation or distribution in Puerto Rico or U.S. 
Territories.''
    (viii) The boxes must be placed in a refrigerated truck or 
refrigerated container and remain in that truck or container while in 
transit through Mexico to the port of first arrival in the United 
States. Prior to leaving the packinghouse, the truck or container must 
be secured by the Mexican NPPO 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 reaches the port 
of first arrival in the United States.
    (ix) 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 in the screened packing area.
    (d) Certification. All consignments of avocados must be accompanied 
by a phytosanitary certificate issued by the Mexican NPPO with an 
additional declaration certifying that the conditions specified in this 
section have been met.
    (e) Pest detection. (1) If any of the avocado seed pests Heilipus 
lauri, Conotrachelus aguacatae, C. perseae, or Stenoma catenifer are 
discovered in a municipality during the semiannual pest surveys, 
orchard surveys, packinghouse inspections, or other monitoring or 
inspection activity in the municipality, the Mexican NPPO must 
immediately initiate an investigation and take measures to isolate and 
eradicate the pests. The Mexican NPPO must also provide APHIS with 
information regarding the circumstances of the infestation and the pest 
risk mitigation measures taken. The municipality in which the pests are 
discovered will lose its pest-free certification and avocado exports 
from that municipality will be suspended until APHIS and the Mexican 
NPPO agree that the pest eradication measures taken have been effective 
and that the pest risk within that municipality has been eliminated.
    (2) If the Mexican NPPO discovers the stem weevil Copturus 
aguacatae in an orchard during an orchard survey or other monitoring or 
inspection activity in the orchard, the Mexican NPPO must provide APHIS 
with information regarding the circumstances of the infestation and the 
pest risk mitigation measures taken. The orchard in which the pest was 
found will lose its export certification immediately and avocado 
exports from that orchard will be suspended until APHIS and the Mexican 
NPPO agree that the pest eradication measures taken have been

[[Page 39521]]

effective and that the pest risk within that orchard has been 
eliminated.
    (3) If the Mexican NPPO discovers the stem weevil Copturus 
aguacatae in fruit at a packinghouse, the Mexican NPPO must investigate 
the origin of the infested fruit and provide APHIS with information 
regarding the circumstances of the infestation and the pest risk 
mitigation measures taken. The orchard where the infested fruit 
originated will lose its export certification immediately and avocado 
exports from that orchard will be suspended until APHIS and the Mexican 
NPPO agree that the pest eradication measures taken have been effective 
and that the pest risk within that orchard has been eliminated.
    (f) Ports. The avocados may enter the United States only through a 
port of entry located in a State where the distribution of the fruit is 
authorized pursuant to paragraph (a)(2) of this section.
    (g) Inspection. The avocados are subject to inspection by an 
inspector at the port of first arrival. At the port of first arrival, 
an inspector will sample and cut avocados from each consignment to 
detect pest infestation.
    (h) Inspection. The avocados are subject to inspection by an 
inspector at the port of first arrival, at any stops in the United 
States en route to an approved State, and upon arrival at the terminal 
market in the approved States. At the port of first arrival, an 
inspector will sample and cut avocados from each consignment to detect 
pest infestation.
    (i) Repackaging. If any avocados are removed from their original 
shipping boxes and repackaged, the stickers required by paragraph 
(c)(3)(vi) of this section may not be removed or obscured and the new 
boxes must be clearly marked with all the information required by 
paragraph (c)(3)(vii) of this section.


Sec.  319.56-31   Peppers from Spain.

    Peppers (fruit) (Capsicum spp.) may be imported into the United 
States from Spain only under permit, and only in accordance with this 
section and all other applicable requirements of this subpart:
    (a) The peppers must be grown in the Alicante or Almeria Province 
of Spain in pest-proof greenhouses registered with, and inspected by, 
the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);
    (b) The peppers may be shipped only from December 1 through April 
30, inclusive;
    (c) Beginning October 1, and continuing through April 30, MAFF must 
set and maintain Mediterranean fruit fly (Ceratitis capitata) (Medfly) 
traps baited with trimedlure inside the greenhouses at a rate of four 
traps per hectare. In all outside areas, including urban and 
residential areas, within 8 kilometers of the greenhouses, MAFF must 
set and maintain Medfly traps baited with trimedlure at a rate of four 
traps per square kilometer. All traps must be checked every 7 days;
    (d) Capture of a single Medfly in a registered greenhouse will 
immediately halt exports from that greenhouse until the Administrator 
determines that the source of infestation has been identified, that all 
Medflies have been eradicated, and that measures have been taken to 
preclude any future infestation. Capture of a single Medfly within 2 
kilometers of a registered greenhouse will necessitate increased trap 
density in order to determine whether there is a reproducing population 
in the area. Capture of two Medflies within 2 kilometers of a 
registered greenhouse during a 1-month period will halt exports from 
all registered greenhouses within 2 kilometers of the capture, until 
the source of infestation is determined and all Medflies are 
eradicated;
    (e) The peppers must be safeguarded from harvest to export by 
insect-proof mesh or plastic tarpaulin, including while in transit to 
the packinghouse and while awaiting packing. They must be packed in 
insect-proof cartons or covered by insect-proof mesh or plastic 
tarpaulin for transit to the airport and subsequent export to the 
United States. These safeguards must be intact upon arrival in the 
United States;
    (f) The peppers must be packed for shipment within 24 hours of 
harvest;
    (g) During shipment, the peppers may not transit other fruit fly-
supporting areas unless shipping containers are sealed by MAFF with an 
official seal whose number is noted on the phytosanitary certificate; 
and
    (h) A phytosanitary certificate issued by MAFF and bearing the 
declaration, ``These peppers were grown in registered greenhouses in 
Alicante or Almeria Province in Spain,'' must accompany the 
consignment.

(Approved by the Office of Management and Budget under control 
number 0579-0210)


Sec.  319.56-32   Peppers from New Zealand.

    Peppers (fruit) (Capsicum spp.) from New Zealand may be imported 
into the United States only in accordance with this section and all 
other applicable provisions of this subpart.
    (a) The peppers must be grown in New Zealand in insect-proof 
greenhouses approved by the New Zealand Ministry of Agriculture and 
Forestry (MAF).
    (b) The greenhouses must be equipped with double self-closing 
doors, and any vents or openings in the greenhouses (other than the 
double self-closing doors) must be covered with 0.6 mm screening in 
order to prevent the entry of pests into the greenhouse.
    (c) The greenhouses must be examined periodically by MAF to ensure 
that the screens are intact.
    (d) Each consignment of peppers must be accompanied by a 
phytosanitary certificate of inspection issued by MAF bearing the 
following declaration: ``These peppers were grown in greenhouses in 
accordance with the conditions in Sec.  319.56-32.''


Sec.  319.56-33   Mangoes from the Philippines.

    Mangoes (fruit) (Mangifera indica) may be imported into the United 
States from the Philippines only in accordance with this section and 
other applicable provisions of this subpart.
    (a) Limitation of origin. The mangoes must have been grown on the 
island of Guimaras, which the Administrator has determined meets the 
criteria set forth in Sec.  319.56-5 with regard to the mango seed 
weevil (Sternochetus mangiferae). Mangoes from all other areas of the 
Philippines except Palawan are eligible for importation into Hawaii and 
Guam only. Mangoes from Palawan are not eligible for importation into 
the United States.
    (b) Treatment. The mangoes must be treated for fruit flies of the 
genus Bactrocera with vapor heat under the supervision of an inspector 
in accordance with the regulations in part 305 of this chapter.
    (c) Inspection. Mangoes from the Philippines are subject to 
inspection under the direction of an inspector, either in the 
Philippines or at the port of first arrival in the United States. 
Mangoes inspected in the Philippines are subject to reinspection at the 
port of first arrival in the United States as provided in Sec.  319.56-
3.
    (d) Labeling. Each box of mangoes must be clearly labeled in 
accordance with Sec.  319.56-5(e)(1). Consignments originating from 
approved areas other than Guimaras must be labeled ``For distribution 
in Guam and Hawaii only.''
    (e) Phytosanitary certificate. Mangoes originating from all 
approved areas must be accompanied by a phytosanitary certificate 
issued by the Republic of the Philippines Department of Agriculture 
that contains an additional declaration stating that the mangoes have 
been treated for fruit flies of the genus Bactrocera in accordance with 
paragraph (b) of this section. Phytosanitary certificates accompanying 
consignments of mangoes originating

[[Page 39522]]

from the island of Guimaras must also contain an additional declaration 
stating that the mangoes were grown on the island of Guimaras.
    (f) Trust fund agreement. Mangoes that are treated or inspected in 
the Philippines may be imported into the United States only if the 
Republic of the Philippines Department of Agriculture has entered into 
a trust fund agreement with APHIS in accordance with Sec.  319.56-6.

(Approved by the Office of Management and Budget under control 
numbers 0579-0172 and 0579-0316)


Sec.  319.56-34   Clementines from Spain.

    Clementines (Citrus reticulata) from Spain may only be imported 
into the United States in accordance with this section and all other 
applicable provisions of this subpart.
    (a) Trust fund agreement. Clementines from Spain may be imported 
only if the Government of Spain or its designated representative enters 
into a trust fund agreement with APHIS before each shipping season in 
accordance with Sec.  319.56-6.
    (b) Grower registration and agreement. Persons who produce 
clementines in Spain for export to the United States must:
    (1) Be registered with the Government of Spain; and
    (2) Enter into an agreement with the Government of Spain whereby 
the producer agrees to participate in and follow the Mediterranean 
fruit fly management program established by the Government of Spain.
    (c) Management program for Mediterranean fruit fly; monitoring. The 
Government of Spain's Mediterranean fruit fly (Ceratitis capitata) 
management program must be approved by APHIS, and must contain the 
fruit fly trapping and recordkeeping requirements specified in this 
paragraph. The program must also provide that clementine producers must 
allow APHIS inspectors access to clementine production areas in order 
to monitor compliance with the Mediterranean fruit fly management 
program.
    (1) Trapping and control. In areas where clementines are produced 
for export to the United States, traps must be placed in Mediterranean 
fruit fly host plants at least 6 weeks prior to harvest. Bait 
treatments using malathion, spinosad, or another pesticide that is 
approved by APHIS and the Government of Spain must be applied in the 
production areas at the rate specified by Spain's Medfly management 
program.
    (2) Records. The Government of Spain or its designated 
representative must keep records that document the fruit fly trapping 
and control activities in areas that produce clementines for export to 
the United States. All trapping and control records kept by the 
Government of Spain or its designated representative must be made 
available to APHIS upon request.
    (3) Compliance. If APHIS determines that an orchard is not 
operating in compliance with the regulations in this section, it may 
suspend exports of clementines from that orchard.
    (d) Phytosanitary certificate. Clementines from Spain must be 
accompanied by a phytosanitary certificate stating that the fruit meets 
the conditions of the Government of Spain's Mediterranean fruit fly 
management program and applicable APHIS regulations.
    (e) Labeling. Boxes in which clementines are packed must be labeled 
with a lot number that provides information to identify the orchard 
where the fruit was grown and the packinghouse where the fruit was 
packed. The lot number must end with the letters ``US.'' All labeling 
must be large enough to clearly display the required information and 
must be located on the outside of the boxes to facilitate inspection.
    (f) Pre-treatment sampling; rates of inspection. For each 
consignment of clementines intended for export to the United States, 
prior to cold treatment, inspectors will cut and inspect 200 fruit that 
are randomly selected from throughout the consignment. If inspectors 
find a single live Mediterranean fruit fly in any stage of development 
during an inspection, the entire consignment of clementines will be 
rejected. If a live Mediterranean fruit fly in any stage of development 
is found in any two lots of fruit from the same orchard during the same 
shipping season, that orchard will be removed from the export program 
for the remainder of that shipping season.
    (g) Cold treatment. Clementines must be cold treated in accordance 
with part 305 of this chapter. Upon arrival of clementines at a port of 
entry into the United States, inspectors will examine the cold 
treatment data for each consignment to ensure that the cold treatment 
was successfully completed. If the cold treatment has not been 
successfully completed, the consignment will be held until appropriate 
remedial actions have been implemented.
    (h) Port of entry sampling. Clementines imported from Spain are 
subject to inspection by an inspector at the port of entry into the 
United States. At the port of first arrival, an inspector will sample 
and cut clementines from each consignment to detect pest infestation 
according to sampling rates determined by the Administrator. If a 
single live Mediterranean fruit fly in any stage of development is 
found, the consignment will be held until an investigation is completed 
and appropriate remedial actions have been implemented.
    (i) Suspension of program. If APHIS determines at any time that the 
safeguards contained in this section are not protecting against the 
introduction of Medflies into the United States, APHIS may suspend the 
importation of clementines and conduct an investigation into the cause 
of the deficiency.
    (j) Definitions. The following are definitions for terms used in 
this section:
    Consignment. (1) Untreated fruit. For untreated fruit, the term 
means one or more lots (containing no more than a combined total of 
200,000 boxes of clementines) that are presented to an inspector for 
pre-treatment inspection.
    (2) Treated fruit. For treated fruit, the term means one or more 
lots of clementines that are imported into the United States on the 
same conveyance.
    Lot. For the purposes of this section, a number of units of 
clementines that are from a common origin (i.e., a single producer or a 
homogenous production unit.)\8\
---------------------------------------------------------------------------

    \8\ A homogeneous production unit is a group of adjacent 
orchards in Spain that are owned by one or more growers who follow a 
homogenous production system under the same technical guidance.
---------------------------------------------------------------------------

    Orchard. A plot on which clementines are grown that is separately 
registered in the Spanish Medfly management program.
    Shipping season. For the purposes of this section, a shipping 
season is considered to include the period beginning approximately in 
mid-September and ending approximately in late February of the next 
calendar year.

(Approved by the Office of Management and Budget under control 
number 0579-0203)


Sec.  319.56-35  Persimmons from the Republic of Korea.

    Persimmons (fruit) (Disopyros khaki) may be imported into the 
United States from the Republic of Korea only in accordance with this 
section and all other applicable provisions of this subpart.
    (a) The production site, which is an orchard, where the persimmons 
are grown must have been inspected at least once during the growing 
season and before harvest for the following pests: Conogethes 
punctiferalis, Planococcus

[[Page 39523]]

kraunhiae, Stathmopoda masinissa, and Tenuipalpus zhizhilashiviliae.
    (b) After harvest, the persimmons must be inspected by the Republic 
of Korea's national plant protection organization (NPPO) and found free 
of the pests listed in paragraph (a) of this section before the 
persimmons may be shipped to the United States;
    (c) Each consignment of persimmons must be accompanied by a 
phytosanitary certificate issued by the Republic of Korea's NPPO 
stating that the fruit is free of Conogethes punctiferalis, Planococcus 
kraunhiae, Stathmopoda masinissa, and Tenuipalpus zhizhilashiviliae.
    (d) If any of the pests listed in paragraph (a) of this section are 
detected in an orchard, exports from that orchard will be canceled 
until the source of infestation is determined and the infestation is 
eradicated.

(Approved by the Office of Management and Budget under control 
number 0579-0210)


Sec.  319.56-36  Watermelon, squash, cucumber, and oriental melon from 
the Republic of Korea.

    Watermelon (Citrullus lanatus), squash (Cucurbita maxima), cucumber 
(Cucumis sativus), and oriental melon (Cucumis melo) may be imported 
into the United States from the Republic of Korea only in accordance 
with this paragraph and all other applicable provisions of this 
subpart:
    (a) The fruit must be grown in pest-proof greenhouses registered 
with the Republic of Korea's national plant protection organization 
(NPPO).
    (b) The NPPO must inspect and regularly monitor greenhouses for 
plant pests. The NPPO must inspect greenhouses and plants, including 
fruit, at intervals of no more than 2 weeks, from the time of fruit set 
until the end of harvest.
    (c) The NPPO must set and maintain McPhail traps (or a similar type 
with a protein bait that has been approved for the pests of concern) in 
greenhouses from October 1 to April 30. The number of traps must be set 
as follows: Two traps for greenhouses smaller than 0.2 hectare in size; 
three traps for greenhouses 0.2 to 0.5 hectare; four traps for 
greenhouses over 0.5 hectare and up to 1.0 hectare; and for greenhouses 
greater than 1 hectare, traps must be placed at a rate of four traps 
per hectare.
    (d) The NPPO must check all traps once every 2 weeks. If a single 
pumpkin fruit fly is captured, that greenhouse will lose its 
registration until trapping shows that the infestation has been 
eradicated.
    (e) The fruit may be shipped only from December 1 through April 30.
    (f) Each consignment must be accompanied by a phytosanitary 
certificate issued by NPPO, with the following additional declaration: 
``The regulated articles in this consignment were grown in registered 
greenhouses as specified by 7 CFR 319.56-36.''
    (g) Each consignment must be protected from pest infestation from 
harvest until export. Newly harvested fruit must be covered with 
insect-proof mesh or a plastic tarpaulin while moving to the 
packinghouse and awaiting packing. Fruit must be packed within 24 hours 
of harvesting in an enclosed container or vehicle or in insect-proof 
cartons or cartons covered with insect-proof mesh or plastic tarpaulin, 
and then placed in containers for shipment. These safeguards must be 
intact when the consignment arrives at the port in the United States.

(Approved by the Office of Management and Budget under control 
number 0579-0236)


Sec.  319.56-37  Grapes from the Republic of Korea.

    Grapes (Vitis spp.) may be imported into the United States from the 
Republic of Korea only under the following conditions and in accordance 
with all other applicable provisions of this subpart:
    (a) The fields where the grapes are grown must be inspected during 
the growing season by the Republic of Korea's national plant protection 
organization (NPPO). The NPPO will inspect 250 grapevines per hectare, 
inspecting leaves, stems, and fruit of the vines.
    (b) If evidence of Conogethes punctiferalis, Eupoecilia ambiguella, 
Sparganothis pilleriana, Stathmopoda auriferella, or Monilinia 
fructigena is detected during inspection, the field will immediately be 
rejected, and exports from that field will be canceled until visual 
inspection of the vines shows that the infestation has been eradicated.
    (c) Fruit must be bagged from the time the fruit sets until 
harvest.
    (d) Each consignment must be inspected by the NPPO before export. 
For each consignment, the NPPO must issue a phytosanitary certificate 
with an additional declaration stating that the fruit in the 
consignment was found free of C. punctiferalis, E. ambiguella, S. 
pilleriana, S. auriferella, M. fructigena, and Nippoptilia vitis.

(Approved by the Office of Management and Budget under control 
number 0579-0236)


Sec.  319.56-38  Clementines, mandarins, and tangerines from Chile.

    Clementines (Citrus reticulata Blanco var. Clementine), mandarins 
(Citrus reticulata Blanco), and tangerines (Citrus reticulata Blanco) 
may be imported into the United States from Chile only under the 
following conditions:
    (a) The fruit must be accompanied by a permit issued in accordance 
with Sec.  319.56-3(b).
    (b) If the fruit is produced in an area of Chile where 
Mediterranean fruit fly (Ceratitis capitata) is known to occur, the 
fruit must be cold treated in accordance with part 305 of this chapter. 
Fruit for which cold treatment is required must be accompanied by 
documentation indicating that the cold treatment was initiated in Chile 
(a PPQ Form 203 or its equivalent may be used for this purpose).
    (c) The fruit must either be produced and shipped under the systems 
approach described in paragraph (d) of this section or fumigated in 
accordance with paragraph (e) of this section.
    (d) Systems approach. The fruit may be imported without fumigation 
for Brevipalpus chilensis if it meets the following conditions:
    (1) Production site registration. The production site where the 
fruit is grown must be registered with the national plant protection 
organization (NPPO) of Chile. To register, the production site must 
provide Chile's NPPO with the following information: Production site 
name, grower, municipality, province, region, area planted to each 
species, number of plants/hectares/species, and approximate date of 
harvest. Registration must be renewed annually.
    (2) Low prevalence production site certification. Between 1 and 30 
days prior to harvest, random samples of fruit must be collected from 
each registered production site under the direction of Chile's NPPO. 
These samples must undergo a pest detection and evaluation method as 
follows: The fruit and pedicels must be washed using a flushing method, 
placed in a 20 mesh sieve on top of a 200 mesh sieve, sprinkled with a 
liquid soap and water solution, washed with water at high pressure, and 
washed with water at low pressure. The process must then be repeated. 
The contents of the sieves must then be placed on a petri dish and 
analyzed for the presence of live B. chilensis mites. If a single live 
B. chilensis mite is found, the production site will not qualify for 
certification as a low prevalence production site and will be eligible 
to export fruit to the United States only if the fruit is fumigated in 
accordance with paragraph

[[Page 39524]]

(e) of this section. Each production site may have only one opportunity 
per harvest season to qualify as a low prevalence production site, and 
certification of low prevalence will be valid for one harvest season 
only. The NPPO of Chile will present a list of certified production 
sites to APHIS.
    (3) Post-harvest processing. After harvest and before packing, the 
fruit must be washed, rinsed in a chlorine bath, washed with detergent 
with brushing using bristle rollers, rinsed with a hot water shower 
with brushing using bristle rollers, predried at room temperature, 
waxed, and dried with hot air.
    (4) Phytosanitary inspection. The fruit must be inspected in Chile 
at an APHIS-approved inspection site under the direction of APHIS 
inspectors in coordination with the NPPO of Chile after the post-
harvest processing. A biometric sample will be drawn and examined from 
each consignment of fruit, which may represent multiple grower lots 
from different packing sheds. Clementines, mandarins, or tangerines in 
any consignment may be shipped to the United States only if the 
consignment passes inspection as follows:
    (i) Fruit presented for inspection must be identified in the 
shipping documents accompanying each lot of fruit that identify the 
production site(s) where the fruit was produced and the packing shed(s) 
where the fruit was processed. This identity must be maintained until 
the fruit is released for entry into the United States.
    (ii) A biometric sample of boxes from each consignment will be 
selected and the fruit from these boxes will be visually inspected for 
quarantine pests, and a portion of the fruit will be washed and the 
collected filtrate will be microscopically examined for B. chilensis.
    (A) If a single live B. chilensis mite is found, the fruit will be 
eligible for importation into the United States only if it is fumigated 
in Chile in accordance with paragraph (e) of this section. The 
production site will be suspended from the low prevalence certification 
program and all subsequent lots of fruit from the production site of 
origin will be required to be fumigated as a condition of entry to the 
United States for the remainder of the shipping season.
    (B) If inspectors find evidence of any other quarantine pest, the 
fruit in the consignment will remain eligible for importation into the 
United States only if an authorized treatment for the pest is available 
in part 305 of this chapter and the entire consignment is treated for 
the pest in Chile under APHIS supervision.
    (iii) Each consignment of fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Chile that contains an 
additional declaration stating that the fruit in the consignment meets 
the conditions of Sec.  319.56-38(d).
    (e) Approved fumigation. Clementines, mandarins, or tangerines that 
do not meet the conditions of paragraph (d) of this section may be 
imported into the United States if the fruit is fumigated either in 
Chile or at the port of first arrival in the United States with methyl 
bromide for B. chilensis in accordance with part 305 of this chapter. 
An APHIS inspector will monitor the fumigation of the fruit and will 
prescribe such safeguards as may be necessary for unloading, handling, 
and transportation preparatory to fumigation. The final release of the 
fruit for entry into the United States will be conditioned upon 
compliance with prescribed safeguards and required treatment.
    (f) Trust fund agreement. Clementines, mandarins, and tangerines 
may be imported into the United States under this section only if the 
NPPO of Chile or a private export group has entered into a trust fund 
agreement with APHIS in accordance with Sec.  319.56-6.

(Approved by the Office of Management and Budget under control 
number 0579-0242)


Sec.  319.56-39  Fragrant pears from China.

    Fragrant pears may be imported into the United States from China 
only under the following conditions and in accordance with all other 
applicable provisions of this subpart:
    (a) Origin, growing, and harvest conditions. (1) The pears must 
have been grown in the Korla region of Xinjiang Province in a 
production site that is registered with the national plant protection 
organization (NPPO) of China.
    (2) All propagative material introduced into a registered 
production site must be certified free of the pests listed in this 
section by the NPPO of China.
    (3) Within 30 days prior to harvest, the NPPO of China or officials 
authorized by the NPPO of China must inspect the registered production 
site for signs of pest infestation and allow APHIS to monitor the 
inspections. The NPPO of China must provide APHIS with information on 
pest detections and pest detection practices, and APHIS must approve 
the pest detection practices.
    (4) If any of the quarantine pests listed in this section are found 
during the pre-harvest inspection or at any other time, the NPPO of 
China must notify APHIS immediately.
    (i) Upon detection of Oriental fruit fly (Bactrocera dorsalis), 
APHIS may reject the lot or consignment and may prohibit the 
importation into the United States of fragrant pears from China until 
an investigation is conducted and APHIS and the NPPO of China agree 
that appropriate remedial action has been taken.
    (ii) Upon detection of peach fruit borer (Carposina sasaki), yellow 
peach moth (Conogethes punctiferalis), apple fruit moth (Cydia 
inopinata), Hawthorn spider mite (Tetranychus viennensis), red plum 
maggot (Cydia funebrana), brown rot (Monilinia fructigena), Asian pear 
scab (Venturia nashicola), pear trellis rust (Gymnosporangium fuscum), 
Asian pear black spot (Alternaria spp.), or phylloxeran (Aphanostigma 
sp. poss. jackusiensis), APHIS may reject the lot or consignment and 
may prohibit the importation into the United States of fragrant pears 
from the production site for the season. The exportation to the United 
States of fragrant pears from the production site may resume in the 
next growing season if an investigation is conducted and APHIS and the 
NPPO of China agree that appropriate remedial action has been taken. If 
any of these pests is detected in more than one registered production 
site, APHIS may prohibit the importation into the United States of 
fragrant pears from China until an investigation is conducted and APHIS 
and the NPPO of China agree that appropriate remedial action has been 
taken.
    (5) After harvest, the NPPO of China or officials authorized by the 
NPPO of China must inspect the pears for signs of pest infestation and 
allow APHIS to monitor the inspections.
    (6) Upon detection of large pear borer (Numonia pivivorella), pear 
curculio (Rhynchites fovepessin), or Japanese apple curculio (R. 
heros), APHIS may reject the lot or consignment.
    (b) Packing requirements. (1) The fragrant pears must be packed in 
cartons that are labeled in accordance with Sec.  319.56-5(e).
    (2) The fragrant pears must be held in a cold storage facility 
while awaiting export. If fruit from unregistered production sites are 
stored in the same facility, the fragrant pears must be isolated from 
that other fruit.
    (c) Shipping requirements. (1) The fragrant pears must be shipped 
in insect-proof containers and all pears must be safeguarded during 
transport to the United States in a manner that will prevent pest 
infestation.
    (2) The fragrant pears may be imported only under a permit issued 
by

[[Page 39525]]

APHIS in accordance with Sec.  319.56-3(b).
    (3) Each consignment of pears must be accompanied by a 
phytosanitary certificate issued by the NPPO of China stating that the 
conditions of this section have been met and that the consignment has 
been inspected and found free of the pests listed in this section.

(Approved by the Office of Management and Budget under control 
number 0579-0227)


Sec.  319.56-40  Peppers from certain Central American countries.

    Fresh peppers (Capsicum spp.) may be imported into the United 
States from Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua 
only under the following conditions and in accordance with all other 
applicable provisions of this subpart:
    (a) For peppers of the species Capsicum annuum, Capsicum 
frutescens, Capsicum baccatum, and Capsicum chinense from areas free of 
Mediterranean fruit fly (Medfly), terms of entry are as follows:
    (1) The peppers must be grown and packed in an area that has been 
determined by APHIS to be free of Medfly in accordance with the 
procedures described in Sec.  319.56-5 of this subpart.
    (2) A pre-harvest inspection of the growing site must be conducted 
by the national plant protection organization (NPPO) of the exporting 
country for the weevil Faustinus ovatipennis, pea leafminer, tomato 
fruit borer, banana moth, lantana mealybug, passionvine mealybug, melon 
thrips, the rust fungus Puccinia pampeana, Andean potato mottle virus, 
and tomato yellow mosaic virus, and if these pests are found to be 
generally infesting the growing site, the NPPO may not allow export 
from that production site until the NPPO has determined that risk 
mitigation has been achieved.
    (3) The peppers must be packed in insect-proof cartons or 
containers or covered with insect-proof mesh or plastic tarpaulin at 
the packinghouse for transit to the United States. These safeguards 
must remain intact until arrival in the United States.
    (4) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each consignment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an area recognized to be free of Medfly and the 
consignment has been inspected and found free of the pests listed in 
the requirements.''
    (b) For peppers of the species Capsicum annuum, Capsicum 
frutescens, Capsicum baccatum, Capsicum chinense, and Capsicum 
pubescens from areas in which Medfly is considered to exist:
    (1) The peppers must be grown in approved production sites 
registered with the NPPO of the exporting country. Initial approval of 
the production sites will be completed jointly by the exporting 
country's NPPO and APHIS. The exporting country's NPPO will visit and 
inspect the production sites monthly, starting 2 months before harvest 
and continuing through until the end of the shipping season. APHIS may 
monitor the production sites at any time during this period.
    (2) Pepper production sites must consist of pest-exclusionary 
greenhouses, which must have double self-closing doors and have all 
other openings and vents covered with 1.6 mm (or less) screening.
    (3) Registered sites must contain traps for the detection of Medfly 
both within and around the production site.
    (i) Traps with an approved protein bait must be placed inside the 
greenhouses at a density of four traps per hectare, with a minimum of 
two traps per greenhouse. Traps must be serviced on a weekly basis.
    (ii) If a single Medfly is detected inside a registered production 
site or in a consignment, the registered production site will lose its 
ability to export peppers to the United States until APHIS and the 
exporting country's NPPO mutually determine that risk mitigation is 
achieved.
    (iii) Medfly traps with an approved lure must be placed inside a 
buffer area 500 meters wide around the registered production site, at a 
density of 1 trap per 10 hectares and a minimum of 10 traps. These 
traps must be checked at least every 7 days. At least one of these 
traps must be near the greenhouse. Traps must be set for at least 2 
months before export and trapping must continue to the end of the 
harvest.
    (iv) Capture of 0.7 or more Medflies per trap per week will delay 
or suspend the harvest, depending on whether harvest has begun, for 
consignments of peppers from that production site until APHIS and the 
exporting country's NPPO can agree that the pest risk has been 
mitigated.
    (v) The greenhouse must be inspected prior to harvest for the 
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana 
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust 
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow 
mosaic virus. If any of these pests, or other quarantine pests, are 
found to be generally infesting the greenhouse, export from that 
production site will be halted until the exporting country's NPPO 
determines that the pest risk has been mitigated.
    (4) The exporting country's NPPO must maintain records of trap 
placement, checking of traps, and any Medfly captures. The exporting 
country's NPPO must maintain an APHIS-approved quality control program 
to monitor or audit the trapping program. The trapping records must be 
maintained for APHIS' review.
    (5) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The peppers must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Peppers must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit to the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (6) During the time the packinghouse is in use for exporting 
peppers to the United States, the packinghouse may accept peppers only 
from registered approved production sites.
    (7) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each consignment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an approved production site and the consignment 
has been inspected and found free of the pests listed in the 
requirements.'' The shipping box must be labeled with the identity of 
the production site.
    (c) For peppers of the species Capsicum pubescens from areas in 
which Mexican fruit fly (Mexfly) is considered to exist:
    (1) The peppers must be grown in approved production sites 
registered with the NPPO of the exporting country. Initial approval of 
the production sites will be completed jointly by the exporting 
country's NPPO and APHIS. The exporting country's NPPO must visit and 
inspect the production sites monthly, starting 2 months before harvest 
and continuing through until the end of the shipping season. APHIS may 
monitor the production sites at any time during this period.
    (2) Pepper production sites must consist of pest-exclusionary 
greenhouses, which must have double

[[Page 39526]]

self-closing doors and have all other openings and vents covered with 
1.6 mm (or less) screening.
    (3) Registered sites must contain traps for the detection of Mexfly 
both within and around the production site.
    (i) Traps with an approved protein bait must be placed inside the 
greenhouses at a density of four traps per hectare, with a minimum of 
two traps per greenhouse. Traps must be serviced on a weekly basis.
    (ii) If a single Mexfly is detected inside a registered production 
site or in a consignment, the registered production site will lose its 
ability to ship under the systems approach until APHIS and the 
exporting country's NPPO mutually determine that risk mitigation is 
achieved.
    (iii) Mexfly traps with an approved protein bait must be placed 
inside a buffer area 500 meters wide around the registered production 
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps. 
These traps must be checked at least every 7 days. At least one of 
these traps must be near the greenhouse. Traps must be set for at least 
2 months before export, and trapping must continue to the end of the 
harvest.
    (iv) Capture of 0.7 or more Mexflies per trap per week will delay 
or suspend the harvest, depending on whether harvest has begun, for 
consignments of peppers from that production site until APHIS and the 
exporting country's NPPO can agree that the pest risk has been 
mitigated.
    (v) The greenhouse must be inspected prior to harvest for the 
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana 
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust 
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow 
mosaic virus. If any of these pests, or other quarantine pests, are 
found to be generally infesting the greenhouse, export from that 
production site will be halted until the exporting country's NPPO 
determines that the pest risk has been mitigated.
    (4) The exporting country's NPPO must maintain records of trap 
placement, checking of traps, and any Mexfly captures. The exporting 
country's NPPO must maintain an APHIS-approved quality control program 
to monitor or audit the trapping program. The trapping records must be 
maintained for APHIS' review.
    (5) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The peppers must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Peppers must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit to the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (6) During the time the packinghouse is in use for exporting 
peppers to the United States, the packinghouse may accept peppers only 
from registered approved production sites.
    (7) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each consignment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an approved production site and the consignment 
has been inspected and found free of the pests listed in the 
requirements.'' The shipping box must be labeled with the identity of 
the production site.

(Approved by the Office of Management and Budget under control 
number 0579-0274)


Sec.  319.56-41  Citrus from Peru.

    Grapefruit (Citrus paradisi), limes (C. aurantiifolia), mandarins 
or tangerines (C. reticulata), sweet oranges (C. sinensis), and 
tangelos (Citrus tangelo) may be imported into the United States from 
Peru under the following conditions:
    (a) The fruit must be accompanied by a permit issued in accordance 
with Sec.  319.56-3(b).
    (b) The fruit may be imported in commercial consignments only.
    (c) Approved growing areas. The fruit must be grown in one of the 
following approved citrus-producing zones: Zone I, Piura; Zone II, 
Lambayeque; Zone III, Lima; Zone IV, Ica; and Zone V, Junin.
    (d) Grower registration and agreement. The production site where 
the fruit is grown must be registered for export with the national 
plant protection organization (NPPO) of Peru, and the producer must 
have signed an agreement with the NPPO of Peru whereby the producer 
agrees to participate in and follow the fruit fly management program 
established by the NPPO of Peru.
    (e) Management program for fruit flies; monitoring. The NPPO of 
Peru(s fruit fly management program must be approved by APHIS, and must 
require that participating citrus producers allow APHIS inspectors 
access to production areas in order to monitor compliance with the 
fruit fly management program. The fruit fly management program must 
also provide for the following:
    (1) Trapping and control. In areas where citrus is produced for 
export to the United States, traps must be placed in fruit fly host 
plants at least 6 weeks prior to harvest at a rate mutually agreed upon 
by APHIS and the NPPO of Peru. If fruit fly trapping levels at a 
production site exceed the thresholds established by APHIS and the NPPO 
of Peru, exports from that production site will be suspended until 
APHIS and the NPPO of Peru conclude that fruit fly population levels 
have been reduced to an acceptable limit. Fruit fly traps are monitored 
weekly; therefore, reinstatements of production sites will be evaluated 
on a weekly basis.
    (2) Records. The NPPO of Peru or its designated representative must 
keep records that document the fruit fly trapping and control 
activities in areas that produce citrus for export to the United 
States. All trapping and control records kept by the NPPO of Peru or 
its designated representative must be made available to APHIS upon 
request.
    (f) Cold treatment. The fruit, except for limes (C. aurantiifolia), 
must be cold treated for Anastrepha fraterculus, A. obliqua, A. 
serpentina, and Ceratitis capitata (Mediterranean fruit fly) in 
accordance with part 305 of this chapter.
    (g) Phytosanitary inspection. Each consignment of fruit must be 
accompanied by a phytosanitary certificate issued by the NPPO of Peru 
stating that the fruit has been inspected and found free of Ecdytolopha 
aurantiana.
    (h) Port of first arrival sampling. Citrus fruits imported from 
Peru are subject to inspection by an inspector at the port of first 
arrival into the United States in accordance with Sec.  319.56-3(d). At 
the port of first arrival, an inspector will sample and cut citrus 
fruits from each consignment to detect pest infestation. If a single 
live fruit fly in any stage of development or a single E. aurantiana is 
found, the consignment will be held until an investigation is completed 
and appropriate remedial actions have been implemented.


Sec.  319.56-42  Peppers from the Republic of Korea.

    Peppers (Capsicum annuum L. var. annuum) from the Republic of Korea 
may be imported into the continental United States only under the 
following conditions and in accordance with all other applicable 
provisions of this subpart:
    (a) The peppers must be grown in the Republic of Korea in insect-
proof greenhouses approved by and registered with the National Plant 
Quarantine Service (NPQS).

[[Page 39527]]

    (b) The greenhouses must be equipped with double self-closing 
doors, and any vents or openings in the greenhouses (other than the 
double self-closing doors) must be covered with 0.6 mm screening in 
order to prevent the entry of pests into the greenhouse.
    (c) The greenhouses must be inspected monthly throughout the 
growing season by NPQS to ensure phytosanitary procedures are employed 
to exclude plant pests and diseases, and that the screens are intact.
    (d) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. During the time the packinghouse is in 
use for exporting peppers to the continental United States, the 
packinghouse can accept peppers only from registered approved 
production sites. The peppers must be safeguarded by an insect-proof 
mesh screen or plastic tarpaulin while in transit from the production 
site to the packinghouse and while awaiting packing. The peppers must 
be packed in insect-proof cartons or containers, or covered with 
insect-proof mesh or plastic tarpaulin, for transit to the continental 
United States. These safeguards must remain intact until the arrival of 
the peppers in the United States or the consignment will not be allowed 
to enter the United States.
    (e) Each consignment of peppers must be accompanied by a 
phytosanitary certificate of inspection issued by NPQS bearing the 
following additional declaration: ``These peppers were grown in 
greenhouses in accordance with the conditions in 7 CFR 319.56-42 and 
were inspected and found free from Agrotis segetum, Helicoverpa 
armigera, Helicoverpa assulta, Mamestra brassicae, Monilinia 
fructigena, Ostrinia furnacalis, Scirtothrips dorsalis, Spodoptera 
litura, and Thrips palmi.''
    (f) The peppers must be imported in commercial consignments only.

(Approved by the Office of Management and Budget under control 
number 0579-0282)


Sec.  319.56-43  Baby corn and baby carrots from Zambia.

    (a) Immature, dehusked ``baby'' sweet corn (Zea mays L.) measuring 
10 to 25 millimeters (0.39 to 0.98 inches) in diameter and 60 to 105 
millimeters (2.36 to 4.13 inches) in length may be imported into the 
continental United States from Zambia only under the following 
conditions and in accordance with all other applicable provisions of 
this subpart:
    (1) The production site, which is a field, where the corn has been 
grown must have been inspected at least once during the growing season 
and before harvest for the following pest: Phomopsis jaczewskii.
    (2) After harvest, the corn must be inspected by Zambia's national 
plant protection organization (NPPO) and found free of the pests listed 
in paragraph (a)(1) of this section before the corn may be shipped to 
the continental United States.
    (3) The corn must be inspected at the port of first arrival as 
provided in Sec.  319.56-3(d).
    (4) Each consignment must be accompanied by a phytosanitary 
certificate issued by the NPPO of Zambia that includes an additional 
declaration stating that the corn has been inspected and found free of 
Phomopsis jaczewskii based on field and packinghouse inspections.
    (5) The corn may be imported in commercial consignments only.
    (b) Immature ``baby'' carrots (Daucus carota L. ssp. sativus) for 
consumption measuring 10 to 18 millimeters (0.39 to 0.71 inches) in 
diameter and 50 to 105 millimeters (1.97 to 4.13 inches) in length may 
be imported into the continental United States from Zambia only under 
the following conditions:
    (1) The production site, which is a field, where the carrots have 
been grown must have been inspected at least once during the growing 
season and before harvest for the following pest: Meloidogyne 
ethiopica.
    (2) After harvest, the carrots must be inspected by the NPPO of 
Zambia and found free of the pests listed in paragraph (b)(1) of this 
section before the carrots may be shipped to the continental United 
States.
    (3) The carrots must be inspected at the port of first arrival as 
provided in Sec.  319.56-3(d).
    (4) Each consignment must be accompanied by a phytosanitary 
certificate issued by the NPPO of Zambia that includes an additional 
declaration stating that the carrots have been inspected and found free 
of Meloidogyne ethiopica based on field and packinghouse inspections.
    (5) The carrots must be free from leaves and soil.
    (6) The carrots may be imported in commercial consignments only.

(Approved by the Office of Management and Budget under control 
number 0579-0284)


Sec.  319.56-44   Untreated grapefruit, sweet oranges, and tangerines 
from Mexico for processing.

    Untreated grapefruit (Citrus paradisi), sweet oranges (Citrus 
sinensis), and tangerines (Citrus reticulata) may be imported into the 
United States from Mexico for extracting juice if they originate from 
production sites in Mexico that are approved by APHIS because they meet 
the following conditions and any other conditions determined by the 
Administrator to be necessary to mitigate the pest risk that such 
fruits pose and in accordance with all other applicable provisions of 
this subpart:
    (a) Application of sterile insect technique. Production sites, and 
a surrounding 1.5 mile buffer area, must be administered under an 
APHIS-approved preventative release program using sterile insect 
technique for the Mexican fruit fly (Anastrepha ludens).
    (b) Fruit fly trapping protocol. (1) Trapping densities. In areas 
where grapefruit, sweet oranges, and tangerines are produced for export 
to the United States, APHIS approved traps and lures must be placed in 
production sites and a surrounding 1.5 mile buffer areas as follows:
    (i) For Mexican fruit fly (Anastrepha ludens) and sapote fruit fly 
(A. serpentina): One trap per 50 hectares.
    (ii) For Mediterranean fruit fly (Ceratitis capitata): One to four 
traps per 250 hectares.
    (2) Fruit fly catches. Upon trapping of a Mexican fruit fly, sapote 
fruit fly, or Mediterranean fruit fly in a production site or buffer 
area, exports from that production site are prohibited until the 
Administrator determines that the phytosanitary measures taken have 
been effective to allow the resumption of export from that production 
site.
    (3) Monitoring. The trapping program must be monitored under an 
APHIS-approved quality control program.
    (c) Safeguarding. Fruit must be safeguarded against fruit fly 
infestation using methods approved by APHIS from the time of harvest 
until processing in the United States.
    (d) Phytosanitary certificate. Each consignment must be accompanied 
by a phytosanitary certificate issued by Mexico's national plant 
protection organization that contains additional declarations stating 
that the requirements of paragraphs (a), (b), and (c) of this section 
have been met.
    (e) Ports. The harvested fruit may enter the United States only 
through a port of entry located in one of the Texas counties listed in 
Sec.  301.64-3(c) of this chapter.
    (f) Route of transit. Harvested fruit must travel on the most 
direct route to the processing plant from its point of entry into the 
United States as specified in the import permit. Such fruit may not 
enter or transit areas other than the Texas counties listed in Sec.  
301.64-3(c) of this chapter.
    (g) Approved destinations. Processing plants within the United 
States must be

[[Page 39528]]

located within an area in Texas that is under an APHIS-approved 
preventative release program using sterile insect technique for Mexican 
fruit fly.
    (h) Compliance agreements. Processing plants within the United 
States must enter into a compliance agreement with APHIS in order to 
handle grapefruit, sweet oranges, and tangerines imported from Mexico 
in accordance with this section. APHIS will only enter into compliance 
agreements with facilities that handle and process grapefruit, sweet 
oranges, and tangerines from Mexico in such a way as to eliminate any 
risk that exotic fruit flies could be disseminated into the United 
States, as determined by APHIS.

(Approved by the Office of Management and Budget under control 
number 0579-0264)


Sec.  319.56-45   Shelled garden peas from Kenya.

    Garden peas (Pisum sativum) may be imported into the continental 
United States from Kenya only under the following conditions and in 
accordance with all other applicable provisions of this subpart:
    (a) The peas must be shelled from the pod.
    (b) The peas must be washed in disinfectant water at 3 to 5 [deg]C 
containing 50 ppm chlorine.
    (c) Each shipment of peas must be accompanied by a phytosanitary 
certificate of inspection issued by the national plant protection 
organization of Kenya bearing the following additional declaration: 
``These peas have been shelled and washed in accordance with 7 CFR 
319.56-45 and have been inspected and found free of pests.''

(Approved by the Office of Management and Budget under control 
number 0579-0302)


Sec.  319.56-46  Mangoes from India.

    Mangoes (Mangifera indica) may be imported into the continental 
United States from India only under the following conditions:
    (a) The mangoes must be treated in India with irradiation by 
receiving a minimum absorbed dose of 400 Gy in accordance with Sec.  
305.31 of this chapter.
    (b) The risks presented by Cytosphaera mangiferae and Macrophoma 
mangiferae must be addressed in one of the following ways:
    (1) The mangoes are treated with a broad-spectrum post-harvest 
fungicidal dip; or
    (2) The orchard of origin is inspected prior to the beginning of 
harvest as determined by the mutual agreement between APHIS and the 
national plant protection organization (NPPO) of India and the orchard 
is found free of Cytosphaera mangiferae and Macrophoma mangiferae; or
    (3) The orchard of origin is treated with a broad-spectrum 
fungicide during the growing season and is inspected prior to the 
beginning of harvest as determined by the mutual agreement between 
APHIS and the NPPO of India and the fruit found free of Cytosphaera 
mangiferae and Macrophoma mangiferae.
    (c) Each consignment of mangoes must be inspected jointly by APHIS 
and the NPPO of India as part of the required preclearance inspection 
activities at a time and in a manner determined by mutual agreement 
between APHIS and the NPPO of India.
    (d) The risks presented by Cytosphaera mangiferae, Macrophoma 
mangiferae, and Xanthomonas campestris pv. mangiferaeindicae must be 
addressed by inspection during preclearance activities.
    (e) Each consignment of fruit must be inspected jointly by APHIS 
and the NPPO of India and accompanied by a phytosanitary certificate 
issued by the NPPO of India certifying that the fruit received the 
required irradiation treatment. The phytosanitary certificate must also 
bear two additional declarations confirming that:
    (1) The mangoes were subjected to one of the pre- or post-harvest 
mitigation options described in Sec.  319.56-46(b) and
    (2) The mangoes were inspected during preclearance activities and 
found free of Cytosphaera mangiferae, Macrophoma mangiferae, and 
Xanthomonas campestris pv. mangiferaeindicae.
    (f) The mangoes may be imported in commercial consignments only.

(Approved by the Office of Management and Budget under control 
number 0579-0312)


Sec.  319.75-2   [Amended]

0
14. In Sec.  319.75-2, footnote 1 is amended by removing the citation 
``7 CFR 319.56 et seq.'' and adding the words ``Subpart--Fruits and 
Vegetables of this part.'' in its place.

PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS

0
15. The authority citation for part 352 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.


0
16. In Sec.  352.30, paragraphs (e) and (f) are revised to read as 
follows:


Sec.  352.30  Untreated oranges, tangerines, and grapefruit from 
Mexico.

* * * * *
    (e) Untreated fruit from certain municipalities in Mexico. Oranges, 
tangerines, and grapefruit in transit to foreign countries may be 
imported from certain municipalities in Mexico that meet the criteria 
of Sec.  319.56-5 for freedom from fruit flies in accordance with the 
applicable conditions in part 319 of this chapter.
    (f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico 
that have been treated in Mexico in accordance with part 305 of this 
chapter may be moved through the United States ports for exportation in 
accordance with the regulations in part 319 of this chapter.
* * * * *

    Done in Washington, DC, this 10th day of July 2007.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
 [FR Doc. E7-13708 Filed 7-17-07; 8:45 am]
BILLING CODE 3410-34-P