[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 1998 Edition]
[From the U.S. Government Printing Office]
[[Page 1]]
7
Agriculture
PARTS 300 TO 399
Revised as of January 1, 1998
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JANUARY 1, 1998
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1998
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 7:
Subtitle B--Regulations of the Department of
Agriculture--Continued:
Chapter III--Animal and Plant Health Inspection Service,
Department of Agriculture............................. 5
Finding Aids:
Material Approved for Incorporation by Reference.......... 459
Table of CFR Titles and Chapters.......................... 461
Alphabetical List of Agencies Appearing in the CFR........ 477
List of CFR Sections Affected............................. 487
[[Page iv]]
Cite this Code: CFR
To cite the regulations in this volume use title, part and section number.
Thus, 7 CFR 300.1 refers to title 7, part 300, section 1.
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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citations for the regulations are referred to by volume number and page
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
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For inquiries concerning CFR reference assistance, call 202-523-5227
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Raymond A. Mosley,
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Office of the Federal Register.
January 1, 1998.
[[Page ix]]
THIS TITLE
Title 7--Agriculture is composed of fifteen volumes. The parts in
these volumes are arranged in the following order: parts 1-26, 27-52,
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of January 1, 1998.
The Food and Consumer Service current regulations in the volume
containing parts 210-299, include the Child Nutrition Programs and the
Food Stamp Program. The regulations of the Federal Crop Insurance
Corporation are found in the volume containing parts 400-699.
All marketing agreements and orders for fruits, vegetables and nuts
appear in the one volume containing parts 900-999. All marketing
agreements and orders for milk appear in the volume containing parts
1000-1199. Part 900--General Regulations is carried as a note in the
volume containing parts 1000-1199, as a convenience to the user.
Redesignation tables appear in the Finding Aids section of the
volumes containing parts 210-299 and parts 1600-1899.
For this volume, Gregory R. Walton was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 300 to 399)
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SUBTITLE B--Regulations of the Department of Agriculture (Continued):
Part
Chapter iii--Animal and Plant Health Inspection Service,
Department of Agriculture................................. 300
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture (Continued)
[[Page 5]]
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE
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Part Page
300 Incorporation by reference.................. 7
301 Domestic quarantine notices................. 7
318 Hawaiian and territorial quarantine notices. 133
319 Foreign quarantine notices.................. 174
320 Mexican border regulations.................. 316
322 Honeybees and honeybee semen................ 319
330 Federal plant pest regulations; general;
plant pests; soil, stone, and quarry
products; garbage....................... 323
331
Plant pest regulations governing interstate movement of certain products
and articles [Reserved]
340 Introduction of organisms and products
altered or produced through genetic
engineering which are plant pests or
which there is reason to believe are
plant pests............................. 341
351 Importation of plants or plant products by
mail.................................... 359
352 Plant quarantine safeguard regulations...... 361
353 Export certification........................ 374
354 Overtime services relating to imports and
exports; and user fees.................. 379
355 Endangered species regulations concerning
terrestrial plants...................... 398
356 Forfeiture procedures....................... 404
360 Noxious weed regulations.................... 408
361 Importation of seed and screenings under the
Federal Seed Act........................ 411
370 Freedom of information...................... 428
371 Organization, functions, and delegations of
authority............................... 430
372 National Environmental Policy Act
implementing procedures................. 450
380 Rules of practice governing proceedings
under certain acts...................... 454
381--399
[Reserved]
[[Page 7]]
PART 300--INCORPORATION BY REFERENCE--Table of Contents
Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22,
2.80, and 371.2(c).
Sec. 300.1 Materials incorporated by reference; availability.
(a) Plant Protection and Quarantine Treatment Manual. The Plant
Protection and Quarantine Treatment Manual, which was reprinted on
November 30, 1992, and includes all revisions through April 1997, has
been approved for incorporation by reference in 7 CFR chapter III by the
Director of the Office of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
(1) The treatments specified in the Plant Protection and Quarantine
Treatment Manual and its revisions are required to authorize the
movement of certain articles regulated by domestic quarantines (7 CFR
parts 301 and 318) and foreign quarantines (7 CFR part 319).
(2) Availability. Copies of the Plant Protection and Quarantine
Treatment Manual:
(i) Are available for inspection at the Office of the Federal
Register Library, 800 North Capitol Street NW, Suite 700, Washington,
DC; or,
(ii) May be obtained by writing or calling the Animal and Plant
Health Inspection Service, Documents Management Branch, Printing
Distribution and Mail Section, 4700 River Road Unit 1, Riverdale, MD
20737-1229, (301) 734-5524; or
(iii) May be obtained from field offices of the Animal and Plant
Health Inspection Service, Plant Protection and Quarantine. Addresses of
these offices may be found in local telephone directories.
(b) Dry Kiln Operator's Manual. The Dry Kiln Operator's Manual,
which was published in August 1991 as Agriculture Handbook No. 188 by
the United States Department of Agriculture, Forest Service, has been
approved for incorporation by reference in 7 CFR chapter III by the
Director of the Office of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
(1) The kiln drying schedules specified in the Dry Kiln Operator's
Manual provide a method by which certain articles regulated by
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles'' (7 CFR
319.40-1 through 319.40-11) may be imported into the United States.
(2) Availability. Copies of the Dry Kiln Operator's Manual are
available for inspection at the Office of the Federal Register Library,
800 North Capitol Street NW, Suite 700, Washington, DC, or are for sale
as ISBN 0-16-035819-1 by the U.S. Government Printing Office,
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.
[60 FR 27673, May 25, 1995, as amended at 60 FR 50384, Sept. 29, 1995;
61 FR 5924, Feb. 15, 1996; 62 FR 595, Jan. 6, 1997; 62 FR 36974, July
10, 1997]
PART 301--DOMESTIC QUARANTINE NOTICES--Table of Contents
Subpart--Imported Plants and Plant Parts
Sec.
301.10 Definitions.
301.11 Notice of quarantine; prohibition on the interstate movement of
certain imported plants and plant parts.
Subpart--Black Stem Rust
301.38 Notice of quarantine; restrictions on interstate movement of
regulated articles.
301.38-1 Definitions.
301.38-2 Regulated articles.
301.38-3 Protected areas.
301.38-4 Interstate movement of regulated articles.
301.38-5 Assembly and inspection of regulated articles; issuance and
cancellation of certificates.
301.38-6 Compliance agreements and cancellation.
301.38-7 Attachment and disposition of certificates.
301.38-8 Costs and charges.
Subpart--Gypsy Moth
301.45 Notice of quarantine; restriction on interstate movement of
specified regulated articles.
301.45-1 Definitions.
301.45-2 Authorization to designate and terminate designation of
generally infested areas.
301.45-3 Generally infested areas.
301.45-4 Conditions governing the interstate movement of regulated
articles and outdoor household articles from generally
infested areas.
[[Page 8]]
301.45-5 Issuance and cancellation of certificates, limited permits,
and outdoor household article documents.
301.45-6 Compliance agreement and cancellation thereof.
301.45-7 Assembly and inspection of regulated articles and outdoor
household articles.
301.45-8 Attachment and disposition of certificates, limited permits,
and outdoor household article documents.
301.45-9 Inspection and disposal of regulated articles and pests.
301.45-10 Movement of live gypsy moths.
301.45-11 Costs and charges.
301.45-12 Disqualification of qualified certified applicator to issue
certificates.
Subpart--Japanese Beetle
Quarantine and Regulations
301.48 Notice of quarantine; quarantine restrictions on interstate
movement of regulated articles.
301.48-1 Definitions.
301.48-2 Authorization to designate, and terminate designation of,
regulated airports.
301.48-3 Notification of designation, and termination of designation,
of regulated airports.
301.48-4 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.48-5 Inspection and disposal of regulated articles and pests.
301.48-6 Movement of live Japanese beetles.
301.48-7 Nonliability of the Department.
301.48-8 Compliance agreements and cancellation.
Subpart--Pine Shoot Beetle
301.50 Restrictions on interstate movement of regulated articles.
301.50-1 Definitions.
301.50-2 Regulated articles.
301.50-3 Quarantined areas.
301.50-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.50-5 Issuance and cancellation of certificates and limited permits.
301.50-6 Compliance agreements and cancellation.
301.50-7 Assembly and inspection of regulated articles.
301.50-8 Attachment and disposition of certificates and limited
permits.
301.50-9 Costs and charges.
301.50-10 Treatments.
Subpart--Asian Longhorned Beetle
301.51-1 Definitions.
301.51-2 Regulated articles.
301.51-3 Quarantined areas.
301.51-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.51-5 Issuance and cancellation of certificates and limited permits.
301.51-6 Compliance agreements and cancellation.
301.51-7 Assembly and inspection of regulated articles.
301.51-8 Attachment and disposition of certificates and limited
permits.
301.51-9 Costs and charges.
Subpart--Pink Bollworm
Quarantine and Regulations
301.52 Quarantine; restriction on interstate movement of specified
regulated articles.
301.52-1 Definitions.
301.52-2 Authorization for Deputy Administrator to list regulated areas
and suppressive or generally infested areas.
301.52-2a Regulated areas; suppressive and generally infested areas.
301.52-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.52-4 Issuance and cancellation of certificates and permits.
301.52-5 Compliance agreements; and cancellation thereof.
301.52-6 Assembly and inspection of regulated articles.
301.52-7 Attachment and disposition of certificates or permits.
301.52-8 Inspection and disposal of regulated articles and pests.
301.52-9 Movement of live pink bollworms.
301.52-10 Nonliability of the Department.
Subpart--Mexican Fruit Fly Quarantine and Regulations
301.64 Quarantine and regulations; restrictions on interstate movement
of regulated articles.
301.64-1 Definitions.
301.64-2 Regulated articles.
301.64-3 Regulated areas.
301.64-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
301.64-5 Issuance and cancellation of certificates and limited permits.
301.64-6 Compliance agreement and cancellation thereof.
301.64-7 Assembly and inspection of regulated articles.
301.64-8 Attachment and disposition of certificates and limited
permits.
301.64-9 Costs and charges.
301.64-10 Treatments.
[[Page 9]]
Subpart--Citrus Canker
Notice of Quarantine and Regulations
301.75-1 Definitions.
301.75-2 General prohibitions.
301.75-3 Regulated articles.
301.75-4 Quarantined areas.
301.75-5 Commercial citrus-producing areas.
301.75-6 Interstate movement of regulated articles from a quarantined
area, general requirements.
301.75-7 Interstate movement of regulated fruit from a quarantined
area.
301.75-8 Interstate movement of regulated seed from a quarantined area.
301.75-9 Interstate movement of regulated articles from a quarantined
area for experimental or scientific purposes.
301.75-10 Interstate movement of regulated articles through a
quarantined area.
301.75-11 Treatments.
301.75-12 Certificates and limited permits.
301.75-13 Compliance agreements.
301.75-14 Costs and charges.
Subpart--Mediterranean Fruit Fly
301.78 Restrictions on interstate movement of regulated articles.
301.78-1 Definitions.
301.78-2 Regulated articles.
301.78-3 Quarantined areas.
301.78-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.78-5 Issuance and cancellation of certificates and limited permits.
301.78-6 Compliance agreements and cancellation.
301.78-7 Assembly and inspection of regulated articles.
301.78-8 Attachment and disposition of certificates and limited
permits.
301.78-9 Costs and charges.
301.78-10 Treatments.
Subpart--Witchweed
Quarantine and Regulations
301.80 Quarantine; restriction on interstate movement of specified
regulated articles.
301.80-1 Definitions.
301.80-2 Authorization to designate, and terminate designation of,
regulated areas and suppressive or generally infested areas;
and to exempt articles from certification, permit, or other
requirements.
301.80-2a Regulated areas; generally infested and suppressive areas.
301.80-2b Exempted articles.
301.80-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.80-4 Issuance and cancellation of certificates and permits.
301.80-5 Compliance agreements; and cancellation thereof.
301.80-6 Assembly and inspection of regulated articles.
301.80-7 Attachment and disposition of certificates or permits.
301.80-8 Inspection and disposal of regulated articles and pests.
301.80-9 Movement of witchweed.
301.80-10 Nonliability of the Department.
Subpart--Imported Fire Ant
Quarantine and Regulations
301.81 Restrictions on interstate movement of regulated articles.
301.81-1 Definitions.
301.81-2 Regulated articles.
301.81-3 Quarantined areas.
301.81-4 Interstate movement of regulated articles from quarantined
areas.
301.81-5 Issuance of a certificate or limited permit.
301.81-6 Compliance agreements.
301.81-7 Cancellation of a certificate, limited permit, or compliance
agreement.
301.81-8 Assembly and inspection of regulated articles.
301.81-9 Attachment and disposition of certificates and limited
permits.
301.81-10 Costs and charges.
Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported Fire
Ant Program Manual''
Subpart--Unshu Oranges [Reserved]
Subpart--Golden Nematode
Quarantine and Regulations
301.85 Quarantine; restriction on interstate movement of specified
regulated articles.
301.85-1 Definitions.
301.85-2 Authorization to designate, and terminate designation of,
regulated areas and suppressive or generally infested areas;
and to exempt articles from certification, permit, or other
requirements.
301.85-2a Regulated areas; suppressive and generally infested areas.
301.85-2b Exempted articles.
301.85-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.85-4 Issuance and cancellation of certificates and permits.
301.85-5 Compliance agreement and cancellation thereof.
301.85-6 Assembly and inspection of regulated articles.
301.85-7 Attachment and disposition of certificates and permits.
301.85-8 Inspection and disposal of regulated articles and pests.
301.85-9 Movement of live golden nematodes.
[[Page 10]]
301.85-10 Nonliability of the Department.
Subpart--Sugarcane Diseases
Quarantine and Regulations
301.87 Quarantine; restrictions on interstate movement of specified
articles.
301.87-1 Definitions.
301.87-2 Regulated articles.
301.87-3 Regulated areas.
301.87-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
301.87-5 Issuance and cancellation of certificates and limited permits.
301.87-6 Compliance agreement; cancellation.
301.87-7 Assembly and inspection of regulated articles.
301.87-8 Attachment and disposition of certificates and limited
permits.
301.87-9 Costs and charges.
301.87-10 Treatments.
Subpart--Karnal Bunt
301.89-1 Definitions.
301.89-2 Regulated articles.
301.89-3 Regulated areas.
301.89-4 Planting.
301.89-5 Movement of regulated articles from regulated areas.
301.89-6 Issuance of a certificate or limited permit.
301.89-7 Compliance agreements.
301.89-8 Cancellation of a certificate, limited permit, or compliance
agreement.
301.89-9 Assembly and inspection of regulated articles.
301.89-10 Attachment and disposition of certificates and limited
permits.
301.89-11 Costs and charges.
301.89-12 Cleaning and disinfection.
301.89-13 Treatments.
301.89-14 Compensation for the 1995-1996 crop season.
Subpart--Corn Cyst Nematode [Reserved]
Subpart--European Larch Canker
Quarantine and Regulations
301.91 Quarantine and regulations; restrictions on interstate movement
of regulated articles.
301.91-1 Definitions.
301.91-2 Regulated articles.
301.91-3 Regulated areas.
301.91-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
301.91-5 Issuance and cancellation of certificates and limited permits.
301.91-6 Compliance agreement and cancellation thereof.
301.91-7 Assembly and inspection of regulated articles.
301.91-8 Attachment and disposition of certificates and limited
permits.
301.91-9 Costs and charge.
Subpart--Oriental Fruit Fly
301.93 Restrictions on interstate movement of regulated articles.
301.93-1 Definitions.
301.93-2 Regulated articles.
301.93-3 Quarantined areas.
301.93-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.93-5 Issuance and cancellation of certificates and limited permits.
301.93-6 Compliance agreements and cancellation.
301.93-7 Assembly and inspection of regulated articles.
301.93-8 Attachment and disposition of certificates and limited
permits.
301.93-9 Costs and charges.
301.93-10 Treatments.
Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Subpart--Imported Plants and Plant Parts
Source: 62 FR 61212, Nov. 17, 1997, unless otherwise noted.
Sec. 301.10 Definitions.
Move (moved, movement). Shipped, offered to a common carrier for
shipment, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved.
State. Any State, territory, district, or possession of the United
States.
Sec. 301.11 Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts.
(a) In accordance with part 319 of this chapter, some plants and
plant parts may only be imported into the United States subject to
certain destination restrictions. That is, under part 319, some plants
and plant parts may be imported into some States or areas of the United
States but are prohibited from being imported into, entered into, or
distributed within other States or areas, as an additional safeguard
[[Page 11]]
against the introduction and establishment of foreign plant pests and
diseases.
(b) Under this quarantine notice, whenever any imported plant or
plant part is subject to destination restrictions under part 319:
(1) The State(s) or area(s) into which the plant or plant part is
allowed to be imported is quarantined with respect to that plant or
plant part; and
(2) No person shall move any plant or plant part from any such
quarantined State or area into or through any State or area not
quarantined with respect to that plant or plant part.
Subpart--Black Stem Rust
Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.
Sec. 301.38 Notice of quarantine; restrictions on interstate movement of regulated articles.
The conterminous 48 States and the District of Columbia are
quarantined in order to prevent the spread of black stem rust. No person
shall move interstate any regulated article except in accordance with
this subpart.\1\
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\1\ Any properly identified employee of the Animal and Plant Health
Inspection Service is authorized to stop and inspect persons and means
of conveyance, and to seize, quarantine, treat, apply other remedial
measures to destroy, or otherwise dispose of regulated articles as
provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and
sections 105 and 10 of the Federal Plant Pest Act (7 U.S.C. 150dd,
150ff).
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Sec. 301.38-1 Definitions.
In this subpart the following definitions apply:
Administrator. The Administrator, Animal and Plant Health Inspection
Service (APHIS), or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculure.
Black stem rust. The disease commonly known as the black stem rust
of grains (Puccinia graminis).
Certificate. A document in which an inspector, or a person operating
under a compliance agreement, affirms that a specified regulated article
has met the criteria in Sec. 301.38-5(b) of this subpart and may be
moved interstate to any destination.
Compliance agreement. A written agreement between a State that is a
protected area or that encompasses a protected area and a person who
moves regulated articles interstate, or in a non-protected area between
APHIS and such person, in which that person agrees to comply with this
subpart.
Departmental permit. A document issued by the Administrator in which
he or she affirms that interstate movement of the regulated article
identified on the document is for scientific or experimental purposes,
and that the regulated article is eligible for interstate movement under
the conditions specified on the Departmental permit and found by the
Administrator to be adequate to prevent the introduction of rust-
susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia
into protected areas.
Inspector. Any APHIS employee or other person authorized by the
Administrator in accordance with law to enforce this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector to allow the
interstate movement into or through a protected area of regulated
articles not eligible for certification under this subpart to a
specified destination outside the protected area.
Moved (movement, move). Shipped, offered to a common carrier for
shipment, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved.
``Movement'' and ``move'' shall be construed in accordance with this
definition.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Protected area. Those States or counties designated in Sec. 301.38-
3(c) of this subpart.
Rust-resistant plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia species, and their progeny, that have proven
resistant to black stem rust during testing by the United
[[Page 12]]
States Department of Agriculture,\2\ and that are listed as rust-
resistant under Sec. 301.38-2 (b) and (c).
---------------------------------------------------------------------------
\2\ Testing is performed by the Agricultural Research Service of
USDA as follows: In a greenhouse, the suspect plant, or test subject, is
placed under a screen with a control plant, i.e., a known rust-
susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected
wheat stems, a primary host of black stem rust, are placed on top of the
screen. The plants are moistened and maintained in 100% humidity,
causing the spores to swell and fall on the plants lying under the
screen. The plants are then observed for 7 days at 20-80% relative
humidity. This test procedure is repeated 12 times. If in all 12 tests,
the rust-susceptible plant shows signs of infection after 7 days and the
test plants do not, USDA will declare the test plant variety rust-
resistant. The tests must be performed on new growth, just as the leaves
are unfolding.
---------------------------------------------------------------------------
Rust-susceptible plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia species not listed as rust-resistant under
Sec. 301.38-2 (b) and (c).
Regulated article. Any article listed in Sec. 301.38-2 (a) through
(d) of this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.38-2(e) of this subpart.
Seedling. Any plant of the genera Berberis, Mahoberberis, and
Mahonia grown from seed and having less than 2 years' growth.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory or possession of the United States.
Two years' growth. The growth of a plant during all growing seasons
of 2 successive calendar years.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]
Sec. 301.38-2 Regulated articles.
The following are regulated articles: \3\
---------------------------------------------------------------------------
\3\ Permit and other requirements for the interstate movement of
black stem rust organisms are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(a) All seedlings and plants of less than 2 years' growth of the
genus Berberis.
(b) All plants, seeds, fruits, and other plant parts capable of
propagation from the following rust-resistant Berberis species.
B. aridocalida
B. beaniana
B. buxifolia
B. buxifolia nana
B. calliantha
B. candidula
B. candidula `Amstelveen'
B. cavallieri
B. chenaulti
B. chanaulti `Apricot Queen'
B. circumserrata
B. concinna
B. coxii
B. darwini
B. dasystachya
B. dubia
B. feddeana
B. formosana
B. franchetiana
B. gagnepaini
B. gilgiana
B. gladwynensis
B. gladwynensis `William Penn'
B. gyalaica
B. heterophylla
B. horvathi
B. hybrido-gagnepaini
B. insignis
B. julianae
B. julianae `Nana'
B. julianae `Spring Glory'
B. koreana
B. koreana X B. thunbergii hybrid Bailsel
B. koreana X B. thunbergii hybrid Tara
B. lempergiana
B. lepidifolia
B. linearifolia
B. linearifolia var. `Orange King'
B. lologensis
B. manipurana
B. media `Park Jewel'
B. media `Red Jewel'
B. mentorensis
B. pallens
B. potanini
B. Renton
B. replicata
B. sanguinea
B. sargentiana
B. sikkimensis
B. stenophylla
B. stenophylla diversifolia
B. stenophylla irwini
B. stenophylla gracilis
B. stenophylla nana compacta
B. taliensis
B. telomaica artisepala
B. thunbergii
B. thunbergii aurea
B. thunbergii argenteo marginata
B. thunbergii atropurpurea
B. thunbergii atropurpurea erecta
B. thunbergii atropurpurea erecta Marshalli
B. thunbergii atropurpurea `Golden Ring'
B. thunbergii atropurpurea `Intermedia'
B. thunbergii atropurpurea `Knight Burgundy'
B. thunbergii atropurpurea nana
B. thunbergii atropurpurea `Redbird'
[[Page 13]]
B. thunbergii atropurpurea `Rose Glow'
B. thunbergii `Bagatelle'
B. thunbergii `Bailone'
B. thunbergii `Bailtwo'
B. thunbergii `Bonanza Gold'
B. thunbergii `Crimson Pygmy'
B. thunbergii `Dwarf Jewell'
B. thunbergii erecta
B. thunbergii `globe'
B. thunbergii `golden'
B. thunbergii `Harlequin'
B. thunbergii `Helmond Pillar'
B. thunbergii `Kobold'
B. thunbergii `Lustre Green'
B. thunbergii maximowiczi
B. thunbergii minor
B. thunbergii `Monry'
B. thunbergii `Monlers'
B. thunbergii `Monomb'
B. thunbergii `Pink Queen'
B. thunbergii pluriflora
B. thunbergii `Sparkle'
B. thunbergii `Thornless'
B. thunbergii `Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
(c) All plants, seedlings, seeds, fruits, and other plant parts
capable of propagation from the following rust-resistant Mahoberberis
and Mahonia species, except Mahonia cuttings for decorative purposes:
(1) Genera Mahoberberis:
M. aqui-candidula
M. aqui-sargentiae
M. miethkeana
(2) Genera Mahonia:
M. amplectens
M. aquifolium
M. aquifolium atropurpurea
M. aquifolium compacta
M. aquifolium compacta `John Muir'
M. aquifolium `Donewell'
M. aquifolium `Kings Ransom'
M. aquifolium `Orangee Flame'
M. aquifolium `Winter Sun'
M. `Arthur Menzies'
M. bealei
M. dictyota
M. fortunei
M. `Golden Abundance'
M. japonica
M. lomarifolia
M. nervosa
M. pinnata
M. pinnata `Ken Hartman'
M. piperiana
M. pumila
M. repens
(d) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the general
Berberis, Mahoberberis, and Mahonia, and seedlings from rust-susceptible
species and varieties of the genera Mahoberberis and Mahonia, except
Mahonia cuttings for decorative purposes.
(e) Any other product or article not listed in paragraphs (a)
through (d) of this section, that an inspector determines presents a
risk of spread of black stem rust. The inspector must notify the person
in possession of the product or article that it is subject to the
provisions of this subpart.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at
56 FR 7784, Feb. 26, 1991; 57 FR 54166, Nov. 17, 1992; 58 FR 8820, Feb.
17, 1993; 59 FR 9066, Feb. 25, 1994; 59 FR 17917, Apr. 15, 1994; 60 FR
38667, July 28, 1995]
Sec. 301.38-3 Protected areas.
(a) The Administrator may designate as a protected area in paragraph
(c) of this section any State that has eradicated rust-susceptible
plants of the genera Berberis, Mahoberberis, and Mahonia under the
cooperative Federal-State eradication program. In addition, the State
must employ personnel with responsibility for the issuance and
withdrawal of certificates in accordance with Sec. 301.38-5, and
maintain and enforce an inspection program under which every plant
nursery within the State is inspected at least once each year to ensure
that they are free of rust-susceptible plants. During the requisite
nursery inspections, all nursery stock shall be examined to determine
that it consists only of rust-resistant varieties of the genera
Berberis, Mahoberberis, and Mahonia, and that the plants are true to
type. Plants that do not meet this criteria must be destroyed.
(b) The Administrator may designate as a protected area any county
within a State, rather than the entire State, if areas within the State
have eradicated rust-susceptible plants of the genera Berberis,
Mahoberberis, and Mahonia under the cooperative Federal-State program,
and;
[[Page 14]]
(1) The State employs personnel with responsibility for the issuance
and withdrawal of certificates in accordance with Sec. 301.38-5;
(2) The State is enforcing restrictions on the intrastate movement
of the regulated articles that are equivalent to those imposed by this
subpart on the interstate movement of regulated articles, as determined
by the Administrator; and
(3) The State maintains and enforces an inspection program under
which every plant nursery within the county is inspected at least once
each year to ensure that plant nurseries within that area are free of
rust-susceptible plants of the genera Berberis, Mahoberberis, and
Mahonia. During the requisite nursery inspections, all nursery stock
shall be examined to determine that it consists only of rust-resistant
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that
the plants are true to type. Plants that do not meet this criteria must
be destroyed.
(c) All seed used to propagate plants of the genera Berberis,
Mahoberberis, and Mahonia in protected areas, and all seed used to
propagate plants of the genera Berberis, Mahoberberis, and Mahonia that
are certified as rust-resistant for interstate movement into protected
areas, must be produced at properties where a State inspector has
verified that no wild or domesticated rust-susceptible plants are
growing at or within one-half mile of the property.\4\
---------------------------------------------------------------------------
\4\ Persons performing the inspections must be able to recognize
rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia.
Inspectors must work side by side, 10 to 20 feet apart, and walk outward
away from the property a distance of one-half mile measured from the
edge of the property, and observe all plants growing in the half-mile
band. The distance between the inspectors may vary within this range,
depending upon the visibility of the plant growth. In areas with low
brush and flat terrain, the inspectors may be the maximum distance of 20
feet apart if they can observe all plants growing within 10 feet of
them. In areas of high plant growth or hilly terrain, the inspectors
must be closer together due to limited or obstructed visibility.
Inspectors must observe all plants growing between themselves and the
mid-point of the distance between themselves and the next inspector.
This process must be repeated so that the entire band, measured from the
border of the property to the circumference of an imaginary circle
having the property as its mid-point, is visually inspected in this
manner.
---------------------------------------------------------------------------
(d) The following are designated as protected areas:
(1) The States of Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio,
Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.
(2) The following counties in the State of Washington: Adams,
Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield,
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane,
Stevens, Walla Walla, Whitman, Yakima.
(e) Each State that is a protected area or that encompasses a
protected area must submit annually to the Administrator a written
statement, signed by an inspector, assuring APHIS that all nursery
inspections have been performed in accordance with this section. The
statement must be submitted by January 1st of each year, and must
include a list of the nurseries inspected and found free of rust-
susceptible plants.
(f) The Administrator may remove a protected area from the list of
designated protected areas in paragraph (c) of this section if he or she
determines that it no longer meets the criteria of paragraph (a) or
(b)(1) through (3) of this section. A hearing will be held to resolve
any conflict as to any material fact. Rules of practice for the hearing
shall be adopted by the Administrator.
[54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990;
57 FR 3118, Jan. 28, 1992]
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. (1) Interstate movement of regulated
articles into or through any State or area that is not designated a
protected area under Sec. 301.38-3(c) is allowed without restriction
under this subpart.
[[Page 15]]
(b) Protected areas--(1) Prohibited movement. The following
regulated articles are prohibited from moving interstate into or through
any protected area:
(i) All Berberis seedlings and plants of less than 2 years' growth,
and rust-susceptible Berberis plants, seeds, fruits, and other plant
parts capable of propagation.
(ii) Rust-susceptible Mahoberberis and Mahonia plants, seedlings,
seeds, fruits, and other plant parts capable of propagation.
(2) Restricted movement: The following regulated articles may be
moved interstate into or through a protected area with a certificate
issued and attached in accordance with Secs. 301.38-5 and 301.38-7 of
this subpart:
(i) Plants of at least two years' growth, seeds, fruits, and other
plant parts capable of propagation of the genus Berberis that are
designated as rust-resistant in Sec. 301.38-2(b) of this subpart;
(ii) Plants, seedlings, seeds, fruits, and other plant parts capable
of propagation of the genera Mahoberberis and Mahonia that are
designated as rust-resistant in Sec. 301.38-2(c) of this subpart.
(c) An inspector may issue a limited permit to allow a regulated
article not eligible for certification under Sec. 301.38-4(b)(2) to move
interstate into or through a protected area to a specified destination
that is stated in the permit and is outside the protected area, if the
requirements of all other applicable Federal domestic plant quarantines
are met. A regulated article moved interstate under a limited permit
must be placed in a closed sealed container that prevents unauthorized
removal of the regulated article, and that remains sealed until the
regulated article reaches the final destination stated in the permit. At
the final destination, the sealed container must be opened only in the
presence of an inspector or with the authorization of an inspector
obtained expressly for that shipment.
(d) The United States Department of Agriculture may move any
regulated article interstate into or through a protected area in
accordance with the conditions determined necessary to prevent the
introduction or spread of black stem rust in protected areas, as
specified in a Departmental permit issued for this purpose.
Sec. 301.38-5 Assembly and inspection of regulated articles: issuance and cancellation of certificates.
(a) Any person, other than a person authorized to issue certificates
under paragraph (c) of this section, who desires to move interstate a
regulated article that must be accompanied by a certificate under
Sec. 301.38-4(b), shall, as far in advance of the desired interstate
movement as possible (and no less than 48 hours before the desired
interstate movement), request an inspector \5\ to issue a certificate.
To expedite the issuance of a certificate, an inspector may direct that
the regulated articles be assembled in a manner that facilitates
inspection.
---------------------------------------------------------------------------
\5\ Services of an inspector may be requested by contacting a local
APHIS office (listed in telephone directories under Animal and Plant
Health Inspection Service (APHIS), Plant Protection and Quarantine). The
addresses and telephone numbers of local offices may also be obtained by
writing to the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Domestic and Emergency Operations, 4700 River
Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(b) An inspector may issue a certificate for the interstate movement
of a regulated article if he or she:
(1) Determines, upon examination, that the regulated article may be
moved interstate in accordance with Sec. 301.38-4; and
(2) Determines that the regulated article may be moved interstate in
accordance with all other Federal domestic plant quarantines and
regulations applicable to the regulated article.
(c) Certificates for interstate movement of regulated articles may
be issued by an inspector to a person operating under a compliance
agreement for use with subsequent shipments of regulated articles to
facilitate their movement. A person operating under a compliance
agreement must make the determinations set forth in paragraph (b) of
this section before shipping any regulated articles.
[[Page 16]]
(d) Any certificate that has been issued may be withdrawn by an
inspector, orally or in writing, if he or she determines that the holder
of the certificate has not complied with the conditions of this subpart
for the use of the certificate. If the withdrawal is oral, the inspector
will confirm the withdrawal and the reasons for the withdrawal, in
writing, within 20 days of oral notification of the withdrawal. Any
person whose certificate has been withdrawn may appeal the decision, in
writing within 10 days after receiving written notification of the
withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the certificate was wrongfully
withdrawn. A hearing will be held to resolve any conflict as to any
material fact. An appeal shall be granted or denied, in writing, as
promptly as circumstances allow, and the reasons for the decision shall
be stated. In a non-protected area, appeal shall be made to the
Administrator. The Administrator shall adopt rules of practice for the
hearing. The certificate will remain withdrawn pending decision of the
appeal.
[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.38-6 Compliance agreements and cancellation.
(a) Any State may enter into a written compliance agreement with any
person who grows or handles regulated articles in a protected area, or
moves interstate regulated articles from a protected area, under which
that person agrees to comply with this subpart, to provide inspectors
with information concerning the source of any regulated articles
acquired each year, and to prevent the unauthorized use of certificates
issued for future use under the compliance agreement.\6\
---------------------------------------------------------------------------
\6\ In non-protected areas, compliance agreements may be arranged by
contacting a local office of the Animal and Plant Health Inspection
Service (APHIS), Plant Protection and Quarantine, or by writing to the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(b) A compliance agreement may be cancelled by an inspector, orally
or in writing, whenever he or she determines that the person who has
entered into the compliance agreement has failed to comply with the
agreement or this subpart. If the cancellation is oral, the cancellation
and the reasons for the cancellation will be confirmed, in writing,
within 20 days of oral notification of the cancellation. Any person
whose compliance agreement has been cancelled may appeal the decision,
in writing, within 10 days after receiving written notification of the
cancellation. The appeal must state all of the facts and reasons upon
which the person relies to show that the compliance agreement was
wrongfully cancelled. A hearing will be held to resolve any conflict as
to any material fact. An appeal shall be granted or denied, in writing,
as promptly as circumstances allow, and the reasons for the decision
shall be stated. In a non-protected area, appeal shall be made to the
Administrator. The Administrator shall adopt rules of practice for the
hearing. The compliance agreement will remain cancelled pending decision
of the appeal.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at
57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994]
Sec. 301.38-7 Attachment and disposition of certificates.
(a) The certificate required for the interstate movement of a
regulated article must, at all times during the interstate movement, be
attached to the outside of the container containing the regulated
article except as follows:
(1) The certificate may be attached to the regulated article itself
if it is not in container; or
(2) The certificate may be attached to the accompanying waybill or
other shipping document if the regulated article is identified and
described on the certificate or waybill.
(b) The carrier must furnish the certificate to the consignee at the
destination of the regulated article.
Sec. 301.38-8 Costs and charges.
The services of an inspector \4\ during normal business hours,
Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without
cost to persons requiring the services. The United States Department of
Agriculture will
[[Page 17]]
not be responsible for any other costs or charges.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]
Subpart--Gypsy Moth
Source: 58 FR 39423, July 23, 1993, unless otherwise noted.
Sec. 301.45 Notice of quarantine; restriction on interstate movement of specified regulated articles.
(a) Notice of quarantine. Pursuant to the provisions of sections 8
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and
sections 105 and 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162,
150dd, 150ee), the Secretary of Agriculture hereby quarantines the
States of Connecticut, Delaware, District of Columbia, Maine, Maryland,
Massachusetts, Michigan, New Hampshire, New Jersey, New York, North
Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West
Virginia, and Wisconsin in order to prevent the spread of the gypsy
moth, Lymantria dispar (Linnaeus), a dangerous insect injurious to
forests and shade trees and not theretofore widely prevalent or
distributed within or throughout the United States; and establishes
regulations governing the interstate movement from generally infested
areas of the quarantined States of regulated articles and outdoor
household articles defined in Sec. 301.45-1.
(b) Restrictions on the interstate movement of regulated articles
and outdoor household articles. No common carrier or other person may
move interstate from any generally infested area any regulated article
or outdoor household article except in accordance with the conditions
prescribed in this subpart.
[58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997]
Sec. 301.45-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as the plural, and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
Associated equipment. Articles associated and moved with mobile
homes and recreational vehicles, such as, but not limited to, awnings,
tents, outdoor furniture, trailer blocks, and trailer skirts.
Certificate. A document issued by an inspector, or by a qualified
certified applicator or any other person operating in accordance with a
compliance agreement, to allow the movement of regulated articles to any
destination.
Compliance agreement. A written agreement between a person engaged
in growing, handling, or moving regulated articles, and APHIS, wherein
the former agrees to comply with the requirements of the compliance
agreement.
Effectively diminishing. An eradication program is considered to be
effectively diminishing the gypsy moth population of an area if the
results of two successive annual Federal or State delimiting trapping
surveys of the area conducted in accordance with Section II, ``Survey
Procedures--Gypsy Moth,'' of the Gypsy Moth Treatment Manual show that
the average number of gypsy moths caught per trap in the second
delimiting survey (when comparable geographical areas and trapping
densities are used) is: (1) Less than 10, and (2) less than the average
number of gypsy moths caught per trap in the first survey.
Eradication program. A program that uses pesticide application,
biological controls, or other methods with the goal of eliminating gypsy
moth from a particular area.
General infestation. (1) The detection of gypsy moth egg masses
through visual inspection by an inspector during a 10-minute walk
through the area; however, it does not include the presence of gypsy
moth egg masses which are found as a result of hitchhiking on transitory
means of conveyance; or
(2) The detection of gypsy moth through multiple catches of adult
[[Page 18]]
gypsy moths at multiple trapping locations in the area over a period of
2 or more consecutive years, if the Administrator determines, after
consulting with the State plant regulatory official, that gypsy moth is
established in the area.
Generally infested area. Any State, or portion thereof, listed as a
generally infested area in Sec. 301.45-3 or temporarily designated as a
generally infested area in accordance with Sec. 301.45-2(c).
Gypsy moth. The live insect known as the gypsy moth, Lymantria
dispar (Linnaeus), in any life stage (egg, larva, pupa, adult).
Inspector. Any employee of APHIS, a State government, or any other
person, authorized by the Administrator in accordance with law to
enforce the provisions of the quarantine and regulations in this
subpart.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector to allow the
interstate movement of regulated articles to a specified destination.
Mobile home. Any vehicle, other than a recreational vehicle,
designed to serve, when parked, as a dwelling or place of business.
Move (movement, moved). Shipped, offered for shipment to a common
carrier, received for transportation or transported by a common carrier,
or carried, transported, moved, or allowed to be moved by any means.
``Movement'' and ``moved'' shall be construed in accordance with this
definition.
Outdoor household articles. Articles associated with a household
that have been kept outside the home such as awnings, barbecue grills,
bicycles, boats, dog houses, firewood, garden tools, hauling trailers,
outdoor furniture and toys, recreational vehicles and associated
equipment, and tents.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Qualified certified applicator. Any individual (1) certified
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) (86 Stat. 983; 7 U.S.C. 136b) as a certified commercial
applicator in a category allowing use of the restricted pesticides Spray
N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration No.
45639-1), and acephate (Orthene); (2) who has attended and
completed a workshop approved by the Administrator on the identification
and treatment of gypsy moth life stages on outdoor household articles
and mobile homes; and (3) who has entered into a compliance agreement in
accordance with Sec. 301.45-6 of this part for the purpose of
inspecting, treating, and issuing certificates for the movement of
outdoor household articles and mobile homes.\1\
---------------------------------------------------------------------------
\1\ Names of qualified certified applicators and plant regulatory
officials for the States and Territories of the United States are
available upon request from the regional offices of the Animal and Plant
Health Inspection Service, Plant Protection and Quarantine, or from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
Recreational vehicles. Highway vehicles, including pickup truck
campers, one-piece motor homes, and travel trailers, designed to serve
as temporary places of dwelling.
Regulated articles. (1) Trees without roots (e.g., Christmas trees),
trees with roots, and shrubs with roots and persistent woody stems,
unless they are greenhouse grown throughout the year.
(2) Logs, pulpwood, and wood chips.
(3) Mobile homes and associated equipment.
(4) Any other products, articles, or means of conveyance, of any
character whatsoever, when it is determined by an inspector that any
life stage of gypsy moth is in proximity to such articles and the
articles present a high risk of artificial spread of gypsy moth
infestation and the person in possession thereof has been so notified.
State. Any State, Territory, or District of the United States
including Puerto Rico.
Treatment manual. The provisions currently contained in the Gypsy
Moth
[[Page 19]]
Program Manual 2 and the Plant Protection and Quarantine
Treatment Manual.3
---------------------------------------------------------------------------
\2\ Pamphlets containing such provisions are available upon request
to the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236. Relevant portions of the Gypsy Moth
Program Manual are published as an appendix to these regulations.
\3\ The Plant Protection and Quarantine Treatment Manual is
incorporated by reference. For the full identification of this standard,
see Sec. 300.1 of this chapter, ``Materials incorporated by reference.''
---------------------------------------------------------------------------
Under the direction of. Monitoring treatments to assure compliance
with the requirements in this subpart.
Under the direct supervision of a qualified certified applicator. An
inspection or treatment is considered to be applied under the direct
supervision of a qualified certified applicator if the inspection or
treatment is performed by a person acting under the instructions of a
qualified certified applicator who is available if and when needed, even
though such qualified certified applicator is not physically present at
the time and place the inspection or treatment occurred.
[58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.45-2 Authorization to designate and terminate designation of generally infested areas.
(a) Generally infested areas. The Administrator shall list as
generally infested areas in Sec. 301.45-3 each State or each portion
thereof in which a gypsy moth general infestation has been found by an
inspector, or each portion of a State which the Administrator deems
necessary to regulate because of its proximity to infestation or its
inseparability for quarantine enforcement purposes from infested
localities; Except that, an area shall not be listed as a generally
infested area if the Administrator has determined that:
(1) The area is subject to a gypsy moth eradication program
conducted by the Federal government or a State government in accordance
with the Integrated Pest Management (IPM) alternative of the Final
Environmental Impact Statement (FEIS) on Gypsy Moth Suppression and
Eradication Projects that was filed with the United States Environmental
Protection Agency on March 18, 1985; and
(2) State or Federal delimiting trapping surveys conducted in
accordance with Section II, ``Survey Procedures--Gypsy Moth'' of the
Gypsy Moth Treatment Manual show that the average number of gypsy moths
caught per trap is less than 10 and that the trapping surveys show that
the eradication program is effectively diminishing the gypsy moth
population of the area.
(b) Less than an entire State will be designated as a generally
infested area only if the Administrator has determined that:
(1) The State has adopted and is enforcing a quarantine or
regulation which imposes restrictions on the intrastate movement of the
regulated articles which are substantially the same as those which are
imposed with respect to the interstate movement of such articles under
this subpart; and,
(2) The designation of less than the entire State as a generally
infested area will be adequate to prevent the artificial interstate
spread of infestations of the gypsy moth.
(c) Temporary designation of areas as generally infested areas. The
Administrator or an inspector may temporarily designate any area in any
State as a generally infested area in accordance with the criteria
specified in paragraph (a) of this section. An inspector will give
written notice of the designation to the owner or person in possession
of the area and thereafter, the interstate movement of any regulated
article from such areas is subject to the applicable provisions of this
subpart. As soon as practicable, each generally infested area will be
added to the list in Sec. 301.45-3 or the designation will be terminated
by the Administrator or an authorized inspector, and notice thereof
shall be given to the owner or person in possession of the areas.
(d) Termination of designation as a generally infested area. The
Administrator shall terminate the designation of any area as a generally
infested area whenever the Administrator determines that the area no
longer requires
[[Page 20]]
designation under the criteria specified in paragraph (a) of this
section.
Sec. 301.45-3 Generally infested areas.
(a) The areas described below are designated as generally infested
areas:
Connecticut
The entire State.
Delaware
The entire State.
District of Columbia
The entire district.
Maine
Androscoggin County. The entire county.
Aroosktook County. The townships of Bancroft, Benedicta, Crystal,
Island Falls, Macwahoc Plantation, Molunkus, North Yarmouth Academy
Grant, Reed Plantation, Sherman, Silver Ridge, Upper Molunkus, Weston,
and 1 R5 WELS.
Cumberland County. The entire county.
Franklin County. The townships of Avon, Carthage, Chesterville,
Coplin Plantation, Crockertown, Dallas Plantation, Davis, Lang,
Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Madrid, Mount
Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley
Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple,
Washington, Weld, Wilton, Wyman, 6, D and E.
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
Oxford County. The townships of Adamstown, Albany, Andover, Andover
North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield,
Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood,
Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower
Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton
Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter,
Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden,
Upton, Waterford, Woodstock, C, and C Surplus.
Penobscot County. The townships of Alton, Argyle, Bangor City,
Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation,
Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew
Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, Exeter,
Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield,
Grindstone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant,
Howland, Hudson, Indian Purchase, Kenduskeag, Kingman, LaGrange,
Lakeville, Lee, Levant, Lincoln, Long A, Lowell, Mattamiscontis,
Mattawamkeag, Maxfield, Medway, Milford, Millinocket, Newburgh, Newport,
Old Town City, Orono, Orrington, Passadumkeag, Plymouth, Prentiss
Plantation, Seboesis Plantation, Soldiertown, Springfield, Stacyville,
Stetson, Summit, Veazie, Webster Plantation, Winn, Woodville, AR 7, AR
8, AR 9, 1 ND, 3 R1 NBPP, 1 R6 WELS, 1 R8 WELS, 2 R8 NWP, 2 R9 NWP, 3 R9
NWP, 5 R1 NBPP, and 2 R8 WELS.
Piscataquis County. The townships of Abbott, Atkinson, Barnard,
Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Guilford,
Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson,
Orneville, Parkman, Sangerville, Sebec, Williamsburg, Willimantic,
Willington, 1 R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP.
Sagadahoc County. The entire county.
Somerset County. The townships of Anson, Athens, Bald Mountain,
Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, Caratunk,
Carrying Place, Carrying Place Town, Concord Plantation, Cornville, Dead
River, Detroit, Embden, Fairfield, Harmony, Hartland, Highland
Plantation, Lexington Plantation, Madison, Mayfield, Mercer, Moscow,
Moxie Gore, New Portland, Norridgewock, Palmyra, Pittsfield, Pleasant
Ridge Plantation, Ripley, Skowhegan, Smithfield, Solon, St. Albans,
Starks, The Forks Plantation, and West Forks Plantation.
Waldo County. The entire county.
Washington County. The entire county.
York County. The entire county.
[[Page 21]]
Maryland
The entire State.
Massachusetts
The entire State.
Michigan
Alcona County. The entire county.
Allegan County. The entire county.
Alpena County. The entire county.
Antrim County. The entire county.
Arenac County. The entire county.
Barry County. The entire county.
Bay County. The entire county.
Benzie County. The entire county.
Berrien County. The entire county.
Branch County. The entire county.
Calhoun County. The entire county.
Cass County. The entire county.
Charlevoix County. The entire county.
Cheboygan County. The entire county.
Chippewa County. The entire county.
Clare County. The entire county.
Clinton County. The entire county.
Crawford County. The entire county.
Eaton County. The entire county.
Emmet County. The entire county.
Genesee County. The entire county.
Gladwin County. The entire county.
Grand Traverse County. The entire county.
Gratiot County. The entire county.
Hillsdale County. The entire county.
Huron County. The entire county.
Ingham County. The entire county.
Ionia County. The entire county.
Iosco County. The entire county.
Isabella County. The entire county.
Jackson County. The entire county.
Kalamazoo County. The entire county.
Kalkaska County. The entire county.
Kent County. The entire county.
Lake County. The entire county.
Lapeer County. The entire county.
Leelanau County. The entire county.
Lenawee County. The entire county.
Livingston County. The entire county.
Luce County. The entire county.
Mackinaw County. The entire county.
Macomb County. The entire county.
Manistee County. The entire county.
Mason County. The entire county.
Mecosta County. The entire county.
Midland County. The entire county.
Missaukee County. The entire county.
Monroe County. The entire county.
Montcalm County. The entire county.
Montmorency County. The entire county.
Muskegon County. The entire county.
Newaygo County. The entire county.
Oakland County. The entire county.
Oceana County. The entire county.
Ogemaw County. The entire county.
Osceola County. The entire county.
Oscoda County. The entire county.
Otsego County. The entire county.
Ottawa County. The entire county.
Presque Isle County. The entire county.
Roscommon County. The entire county.
Saginaw County. The entire county.
St. Clair County. The entire county.
St. Joseph County. The entire county.
Sanilac County. The entire county.
Shiawassee County. The entire county.
Tuscola County. The entire county.
Van Buren County. The entire county.
Washtenaw County. The entire county.
Wayne County. The entire county.
Wexford County. The entire county.
New Hampshire
The entire State.
New Jersey
The entire State.
New York
The entire State.
North Carolina
Currituck County. The entire county.
Dare County. The area bounded by a line beginning at the
intersection of State Road 1208 and Roanoke Sound; then easterly along
this road to its junction with State Road 1206; then southerly along
this road to its intersection with U.S. Highway Business 158; then
easterly along an imaginary line to its intersection with the Atlantic
Ocean; then northwesterly along the coastline to its intersection with
the Dare-Currituck County line; then westerly along this county line to
its intersection with the Currituck Sound; then southeasterly along this
sound to the point of beginning.
Ohio
Ashtabula County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
[[Page 22]]
Columbiana County. The entire county.
Coshocton County. The entire county.
Cuyahoga County. The entire county.
Geauga County. The entire county.
Guernsey County. The entire county.
Harrison County. The entire county.
Holmes County. The entire county.
Jefferson County. The entire county.
Lake County. The entire county.
Lucas County. The entire county.
Mahoning County. The entire county.
Monroe County. The entire county.
Ottawa County. The entire county.
Portage County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Pennsylvania
The entire State.
Rhode Island
The entire State.
Vermont
The entire State.
Virginia
City of Alexandria. The entire city.
City of Buena Vista. The entire city.
City of Charlottesville. The entire city.
City of Chesapeake. The entire city.
City of Colonial Heights. The entire city.
City of Emporia. The entire city.
City of Fairfax. The entire city.
City of Falls Church. The entire city.
City of Franklin. The entire city.
City of Fredericksburg. The entire city.
City of Hampton. The entire city.
City of Harrisonburg. The entire city.
City of Hopewell. The entire city.
City of Lexington. The entire city.
City of Manassas. The entire city.
City of Manassas Park. The entire city.
City of Newport News. The entire city.
City of Norfolk. The entire city.
City of Petersburg. The entire city.
City of Poquoson. The entire city.
City of Portsmouth. The entire city.
City of Richmond. The entire city.
City of Staunton. The entire city.
City of Suffolk. The entire city.
City of Virginia Beach. The entire city.
City of Waynesboro. The entire city.
City of Williamsburg. The entire city.
City of Winchester. The entire city.
Accomack County. The entire county.
Albemarle County. The entire county.
Amelia County. The entire county.
Amherst County. The entire county.
Appomatox County. The entire county.
Arlington County. The entire county.
Augusta County. The entire county.
Bath County. The entire county.
Brunswick County. The entire county.
Buckingham County. The entire county.
Campbell County. The entire county.
Caroline County. The entire county.
Charles City County. The entire county.
Charlotte County. The entire county.
Chesterfield County. The entire county.
Clarke County. The entire county.
Culpeper County. The entire county.
Cumberland County. The entire county.
Dinwiddie County. The entire county.
Essex County. The entire county.
Fairfax County. The entire county.
Fauquier County. The entire county.
Fluvanna County. The entire county.
Frederick County. The entire county.
Gloucester County. The entire county.
Goochland County. The entire county.
Greene County. The entire county.
Greensville County. The entire county.
Halifax County The entire county.
Hanover County. The entire county.
Henrico County. The entire county.
Highland County. The entire county.
Isle of Wight County. The entire county.
James City County. The entire county.
King and Queen County. The entire county.
King George County. The entire county.
King William County. The entire county.
Lancaster County. The entire county.
Loudoun County. The entire county.
Louisa County. The entire county.
Lunenburg County. The entire county.
Madison County. The entire county.
Mathews County. The entire county.
Mecklenburg County The entire county.
[[Page 23]]
Middlesex County. The entire county.
Nelson County. The entire county.
New Kent County. The entire county.
Northampton County. The entire county.
Northumberland County. The entire county.
Nottoway County. The entire county.
Orange County. The entire county.
Page County. The entire county.
Pittsylvania County. The entire county.
Powhatan County. The entire county.
Prince Edward County. The entire county.
Prince George County. The entire county.
Prince William County. The entire county.
Rappahannock County. The entire county.
Richmond County. The entire county.
Rockbridge County. The entire county.
Rockingham County. The entire county.
Shenandoah County. The entire county.
Southampton County. The entire county.
Spotsylvania County. The entire county.
Stafford County. The entire county.
Surry County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
Westmoreland County. The entire county.
York County. The entire county.
West Virginia
Barbour County. The entire county.
Berkeley County. The entire county.
Brook County. The entire county.
Doddridge County. The entire county.
Grant County. The entire county.
Hampshire County. The entire county.
Harrison County. The entire county.
Hancock County. The entire county.
Hardy County. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
Marion County. The entire county.
Marshall County. The entire county.
Mineral County. The entire county.
Monongalia County. The entire county.
Morgan County. The entire county.
Ohio County. The entire county.
Pendleton County. The entire county.
Pocahontas County. The entire county.
Preston County. The entire county.
Randolph County. The entire county.
Taylor County. The entire county.
Tucker County. The entire county.
Tyler County. The entire county.
Upshur County. The entire county.
Webster County. The entire county.
Wetzel County. The entire county.
Wisconsin
Brown County. The entire county.
Door County. The entire county.
Kewaunee County. The entire county.
Manitowoc County. The entire county.
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994;
62 FR 29287, May 30, 1997; 62 FR 36646, July 9, 1997]
Sec. 301.45-4 Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas.
(a) Regulated articles and outdoor household articles from generally
infested areas. (1) A regulated article, except for an article moved in
accordance with paragraph (c) of this section, shall not be moved
interstate from any generally infested area into or through any area
that is not generally infested unless a certificate or permit has been
issued and attached to such regulated article in accordance with
Secs. 301.45-5 and 301.45-8.4
---------------------------------------------------------------------------
\4\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
(2) An outdoor household article shall not be moved interstate from
any generally infested area into or through any area that is not
generally infested unless a certificate or OHA document has been issued
and attached to such outdoor household article in accordance with
Secs. 301.45-5 and 301.45-8.
(b) A regulated article originating outside of any generally
infested area may be moved interstate directly through any generally
infested area without a certificate or permit if the point of origin of
the article is clearly indicated by shipping documents, its identity has
been maintained, and it has been safeguarded against infestation while
in any generally infested area during the months of April
[[Page 24]]
through June. To be safeguarded, the article must be in an enclosed
vehicle, or completely enclosed by a covering adequate to prevent access
by gypsy moths, such as canvas, plastic, or closely woven cloth.
(c) A regulated article originating in a generally infested area may
be moved interstate from a generally infested area without a certificate
if it complies with (1) or (2) of this paragraph:
(1) The article is moved by the U.S. Department of Agriculture for
experimental or scientific purposes, and:
(i) Is moved pursuant to a permit issued for each article by the
Administrator;
(ii) Is moved in accordance with conditions specified on the permit
and found by the Administrator to be adequate to prevent the
dissemination of the gypsy moth, i.e., conditions of treatment,
processing, shipment, and disposal; and
(iii) Is moved with a tag or label securely attached to the outside
of the container containing the article or securely attached to the
article itself if not in a container, and with such tag or label bearing
a permit number corresponding to the number of the permit issued for
such article.
(2) The article is logs, pulpwood, or wood chips, and the person
moving the article has attached a signed accurate statement to the
waybill or other shipping documents accompanying the article stating
that he or she has inspected the article in accordance with the Gypsy
Moth Program Manual no more than 5 days prior to the date of movement
and has found no life stages of gypsy moth on the article.
Sec. 301.45-5 Issuance and cancellation of certificates, limited permits, and outdoor household article documents.
(a) A certificate may be issued by an inspector for the movement of
a regulated article or an outdoor household article (OHA) if the
inspector determines that it is eligible for certification for movement
to any destination under all Federal domestic plant quarantines
applicable to such article and:
(1) It has originated in noninfested premises in a generally
infested area and has not been exposed to the gypsy moth while within
the generally infested area; or
(2) The inspector inspects the article no more than 5 days prior to
the date of movement during the months of April through August (14 days
prior to the date of movement from September through March) and finds it
to be free of the gypsy moth; or
(3) It has been treated under the direction of an inspector to
destroy the gypsy moth in accordance with the treatment manual; or
(4) It has been grown, produced, manufactured, stored, or handled in
such a manner that no infestation would be transmitted thereby as
determined by an inspector.
(b) Limited permits may be issued by an inspector to allow
interstate movement of any regulated article under this subpart to
specified destinations for specified handling, utilization, processing,
or treatment in accordance with the treatment manual, when, upon
evaluation of all of the circumstances involved in each case, the
Administrator determines that such movement will not result in the
spread of the gypsy moth because life stages of the moths will be
destroyed by such specified handling, utilization, processing or
treatment, or the pest will not survive in areas to which shipped, and
the requirements of all other applicable Federal domestic plant
quarantines have been met.
(c) Certificate and limited permit forms may be issued by an
inspector to any person for use for subsequent shipments of regulated
articles provided the person is operating under a compliance agreement.
Any person operating under a compliance agreement may reproduce the
forms as needed to attach them to regulated articles moved under a
compliance agreement. Any person operating under a compliance agreement
may execute and issue the certificate forms or reproduction of such
forms, for the interstate movement of regulated articles from the
premises of such person identified in the compliance agreement, if the
person has treated such regulated articles as specified in the
compliance agreement, and if the regulated articles are eligible for
[[Page 25]]
certification for movement to any destination under all applicable
Federal domestic plant quarantines. Any person operating under a
compliance agreement may execute and issue the limited permit forms, or
reproductions of such forms, for the interstate movement of regulated
articles to specified destinations when an inspector has made the
determinations specified in paragraph (b) of this section.
(d) A certificate may be issued by a qualified certified applicator
for the interstate movement of any outdoor household article or mobile
home if such qualified certified applicator determines the following:
(1) That the article has been inspected by the qualified certified
applicator and found to be free of any life stage of the gypsy moth; or
(2) That the article has been treated by, or treated under the
direct supervision of, the qualified certified applicator to destroy any
life stage of the gypsy moth in accordance with methods and procedures
prescribed in section III of the Gypsy Moth Program Manual.
(e) An OHA document may be issued by the owner of an outdoor
household article for the interstate movement of the article if such
person has inspected the outdoor household article and has found it to
be free of any life stage of gypsy moth.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by an inspector if he determines that the holder
thereof has not complied with any condition for the use of such
document. The reasons for the withdrawal shall be confirmed in writing
as promptly as circumstances permit. Any person whose certificate or
permit has been withdrawn may appeal the decision in writing to the
Administrator within ten (10) days after receiving the written
notification of the withdrawal. The appeal shall state all of the facts
and reasons upon which the person relies to show that the certificate or
permit was wrongfully withdrawn. The Administrator shall grant or deny
the appeal, in writing, stating the reasons for his decision as promptly
as circumstances permit. If there is a conflict as to any material fact,
a hearing shall be held to resolve such conflict. Rules of practice
concerning such a hearing will be adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088)
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]
Sec. 301.45-6 Compliance agreement and cancellation thereof.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of such articles under this subpart. Qualified
certified applicators must enter into compliance agreements, in
accordance with the definition of qualified certified applicator in
Sec. 301.45-1. A compliance agreement shall specify safeguards necessary
to prevent spread of the gypsy moth, such as disinfestation practices or
application of chemical materials in accordance with the treatment
manual. Compliance agreement forms may be obtained from the
Administrator or an inspector.
(b) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement, orally or in writing, whenever the
inspector finds that such person has failed to comply with the
conditions of the agreement. If the cancellation is oral, the decision
and the reasons therefore shall be confirmed in writing, as promptly as
circumstances permit. Any person whose compliance agreement has been
canceled may appeal the decision in writing to the Administrator within
ten (10) days after receiving written notification of the cancellation.
The appeal shall state all of the facts and reasons upon which the
person relies to show that the compliance agreement was wrongfully
canceled. The Administrator shall grant or deny the appeal, in writing,
stating the reasons for such decision, as promptly as circumstances
permit. If there is a conflict as to any material fact, a hearing shall
be held
[[Page 26]]
to resolve such conflict. Rules of practice concerning such a hearing
will be adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088).
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]
Sec. 301.45-7 Assembly and inspection of regulated articles and outdoor household articles.
Persons (other than those authorized to use certificates or limited
permits, or reproductions thereof, under Sec. 301.45-5(c)) who desire to
move interstate a regulated article which must be accompanied by a
certificate or permit shall, at least 7 days before the desired
movement, request an inspector to examine the article prior to movement.
Persons who desire to move interstate an outdoor household article
accompanied by a certificate issued in accordance with Sec. 301.45-5
shall, at least 14 days before the desired movement, request an
inspector to examine the article prior to movement. Persons who desire
to move interstate an outdoor household article or a mobile home
accompanied by a certificate issued by a qualified certified applicator
in accordance with Sec. 301.45-5(d) shall request a qualified certified
applicator to examine the article prior to movement. Such articles shall
be assembled at such point and in such manner as the inspector or
qualified certified applicator designates to facilitate inspection.
Sec. 301.45-8 Attachment and disposition of certificates, limited permits, and outdoor household article documents.
(a) A certificate, limited permit, or OHA document required for the
interstate movement of a regulated article or outdoor household article
must at all times during such movement be securely attached to the
outside of the container containing the regulated article or outdoor
household article, securely attached to the article itself if not in a
container, or securely attached to the consignee's copy of the waybill
or other shipping document: Provided, however, That the requirements of
this section may be met by attaching the certificate, limited permit, or
OHA document to the consignee's copy of the waybill or other shipping
document only if the regulated article or outdoor household article is
sufficiently described on the certificate, limited permit, OHA document
or shipping document to identify such article.
(b) The certificate, limited permit, or OHA document for the
movement of a regulated article or outdoor household article shall be
furnished by the carrier to the consignee at the destination of the
shipment.
(c) Any qualified certified applicator who issues a certificate or
OHA document shall at the time of issuance send a copy of the
certificate or OHA document to the APHIS officer in charge for the State
in which the document is issued.
(Approved by the Office of Management and Budget under control number
0579-0088).
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]
Sec. 301.45-9 Inspection and disposal of regulated articles and pests.
Any properly identified inspector is authorized to stop and inspect,
and to seize, destroy, or otherwise dispose of, or require disposal of
regulated articles, outdoor household articles, and gypsy moths as
provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd).
Sec. 301.45-10 Movement of live gypsy moths.
Regulations requiring a permit for, and otherwise governing the
movement of, live gypsy moths in interstate or foreign commerce are
contained in the Federal Plant Pest Regulations in part 330 of this
chapter.
Sec. 301.45-11 Costs and charges.
The services of the inspector shall be furnished without cost. The
U.S. Department of Agriculture will not be responsible for any costs or
charges incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
[[Page 27]]
Sec. 301.45-12 Disqualification of qualified certified applicator to issue certificates.
(a) Any qualified certified applicator may be disqualified from
issuing certificates by the Administrator if he determines that one of
the following has occurred:
(1) Such person is not certified by a State and/or Federal
Government as a commercial certified applicator under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7
U.S.C. 136b) in a category allowing use of the restricted pesticides
Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration
No. 45639-1), and acephate (Orthene); or
(2) Noncompliance with any of the provisions of this subpart; or,
(3) Failure to attend and complete, each time such person is
recertified as a certified commercial applicator under FIFRA, a workshop
approved by the Administrator on the identification and treatment of
life stages of gypsy moth on outdoor household articles and mobile
homes.
(b) The disqualification is effective upon oral or written
notification, whichever is earlier. The reasons for the disqualification
shall be confirmed in writing as promptly as circumstances permit,
unless contained in the written notification. Any qualified certified
applicator who is disqualified from issuing certificates may appeal the
decision in writing to the Administrator within ten (10) days after
receiving written notification of the disqualification. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the disqualification was a wrongful action. The Administrator shall
grant or deny the appeal, in writing, stating the reasons for his
decision as promptly as circumstances permit. If there is a conflict as
to any material fact, a hearing shall be held to resolve such conflict.
Rules of practice concerning such a hearing will be adopted by the
Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088).
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]
Subpart--Japanese Beetle
Source: 44 FR 24035, Apr. 24, 1979, unless otherwise noted.
Quarantine and Regulations
Sec. 301.48 Notice of quarantine; quarantine restrictions on interstate movement of regulated articles.
(a) Pursuant to the provisions of sections 8 and 9 of the Plant
Quarantine Act of August 20, 1912, as amended, and section 106 of the
Federal Plant Pest Act (7 U.S.C. 161, 162, and 150ee), the Secretary of
Agriculture heretofore determined after public hearing to quarantine the
States of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana,
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri,
New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West
Virginia, Wisconsin, and the District of Columbia in order to prevent
the spread of the Japanese beetle, a dangerous insect injurious to
cultivated crops and not theretofore widely prevalent or distributed
within or throughout the United States.
(b) No person shall move any regulated article interstate from any
regulated airport destined to any of the following States except in
accordance with the conditions prescribed in this subpart: Arizona,
California, Idaho, Nevada, Oregon, Utah, and Washington.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
Sec. 301.48-1 Definitions.
Terms used in the singular form in this subpart shall be deemed to
import the plural and vice versa, as the case may demand. The following
terms, when used in this subpart shall be construed, respectively, to
mean:
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Compliance agreement. A written agreement between the Animal and
[[Page 28]]
Plant Health Inspection Service and a person engaged in the business of
moving regulated articles interstate, in which the person agrees to
comply with the provisions of this subpart.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or other person, authorized by
the Administrator to enforce the provisions of the quarantine and
regulations in this subpart.
Interstate. From any State into or through any other State.
Japanese beetle. The live insect known as the Japanese beetle
(Popillia japonica Newm.) in any stage of development (egg, larva, pupa,
or adult).
Person. Any individual, corporation, company, partnership, society,
or association, or other organized group of any of the foregoing.
Regulated airport. Any airport or portions of an airport in a
quarantined State declared regulated in accordance with provisions in
Sec. 301.48-2 of this subpart.
Regulated articles. Aircraft at or from regulated airports.
State. Any State, territory, or district of the United States,
including Puerto Rico.
State Plant Regulatory Official. The authorized official of a State
who has responsibility for the operation of the State plant regulatory
program.
Treatment Manual. The Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this
chapter.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
Sec. 301.48-2 Authorization to designate, and terminate designation of, regulated airports.
(a) An inspector may declare any airport within a quarantined State
to be a regulated airport when he or she determines that adult
populations of Japanese beetle exist during daylight hours at the
airport to the degree that aircraft constitute a threat to spread the
Japanese beetle and aircraft destined for the States listed in
Sec. 301.48(b) may be leaving the airport.
(b) An inspector shall terminate the designation provided for under
paragraph (a) of this section when he or she determines that adult
populations of Japanese beetle no longer exist at the airport to the
degree that the aircraft pose a threat to spread the Japanese beetle.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
Sec. 301.48-3 Notification of designation, and termination of designation, of regulated airports.
Upon designating, or terminating the designation of, an airport as
regulated, the inspector shall give written notice to the official in
charge of the airport that the airport has been designated as a
regulated airport or that the designation has been terminated. The
inspector shall also give the same information in writing to the
official at the airport in charge of each airline or the operator of any
other aircraft, which will move a regulated article to any State
designated in Sec. 301.48(b). The Administrator shall also give the same
information to the State Plant Regulatory Official of each State
designated in Sec. 301.48(b) to which any regulated article will move.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
Sec. 301.48-4 Conditions governing the interstate movement of regulated articles from quarantined States.
A regulated article may be moved interstate from a regulated airport
to any State 1 designated in Sec. 301.48(b) only if:
---------------------------------------------------------------------------
\1\ Requirements under all other applicable Federal domestic plant
quarantines must be met.
---------------------------------------------------------------------------
(a) An inspector, upon visual inspection of the airport and/or the
aircraft, determines that the regulated article does not present a
threat to spread the Japanese beetle because adult beetle populations
are not present; or
(b) The aircraft is opened and loaded only while it is enclosed
inside a hangar that an inspector has determined to be free of and
safeguarded against Japanese beetle; or
(c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00
a.m. only or lands and departs during those hours
[[Page 29]]
and, in either situation, is kept completely closed while on the ground
during the hours of 7:00 a.m. to 8:00 p.m.; or
(d) If opened and loaded between the hours of 7:00 a.m. to 8:00
p.m., the aircraft is inspected, treated, and safeguarded. Inspection,
treatment, and safeguarding must be done either under a compliance
agreement in accordance with Sec. 301.48-8 or under the direct
supervision of an inspector. On a case-by-case basis, inspectors will
determine which of the following conditions, and any supplemental
conditions deemed necessary by the Administrator to prevent the spread
of Japanese beetle, are required:
(1) All openings of the aircraft must be closed or safeguarded
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or by
other means approved by the Administrator.
(2) All cargo containers that have not been safeguarded in a
protected area must be inspected immediately prior to and during the
loading process. All personnel must check their clothing immediately
prior to entering the aircraft. All Japanese beetles found must be
removed and destroyed.
(3) All areas around doors and hatches or other openings in the
aircraft must be inspected prior to removing the exclusionary devices.
All Japanese beetles found must be removed and destroyed. All doors and
hatches must be closed immediately after the exclusionary devices are
moved away from the aircraft.
(4) Aircraft must be treated in accordance with the Treatment Manual
no more than 1 hour before loading. Particular attention should be paid
to the ball mat area and the holes around the main entrance. The
aircraft must then be aerated under safeguard conditions as required by
the Treatment Manual.
(5) Aircraft treatment records must be maintained by the applicator
completing or supervising the treatment for a period of 2 years. These
records must be provided upon request for review by an inspector.
Treatment records shall include the pesticide used, the date of
application, the location where the pesticide was applied (airport and
aircraft), the amount of pesticide applied, and the name of the
applicator.
(6) When a designated aircraft is replaced with an alternate one
just prior to departure (the procedure known as ``tail swapping''), the
alternate aircraft must be inspected and all Japanese beetles must be
removed. The aircraft must be safeguarded by closing all openings and
hatches or by equipping the aircraft with exclusionary devices until the
aircraft is ready for use. During loading, all treatment and safeguard
requirements applicable to regularly scheduled aircraft must be
implemented.
(7) Aircraft may be retreated in the noninfested State if live
Japanese beetles are found.
(8) Notification of unscheduled commercial flights and of all
military flights must be given at least 1 hour before departure to the
appropriate person in the destination airport of any of the States
listed in Sec. 301.48(b). Notification of arriving military flights
should also be given to base commanders to facilitate the entrance of
Federal and/or State inspectors onto the base if necessary.
[61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996]
Sec. 301.48-5 Inspection and disposal of regulated articles and pests.
Any properly identified inspector is authorized to stop and inspect,
and to seize, destroy, or otherwise dispose of or require disposal of
regulated articles and Japanese beetles as provided in section 10 of the
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal
Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued
by the Administrator.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]
Sec. 301.48-6 Movement of live Japanese beetles.
Regulations requiring a permit for and otherwise governing the
movement of live Japanese beetles in interstate or foreign commerce are
contained in the Federal Plant Pest Regulations in part 330 of this
chapter. Applications for
[[Page 30]]
permits for the movement of the pest may be made to the Administrator.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]
Sec. 301.48-7 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart other than for the services
of the inspector.
Sec. 301.48-8 Compliance agreements and cancellation.
(a) Any person engaged in the business of moving regulated articles
may enter into a compliance agreement to facilitate the movement of such
articles under this subpart. Any person who enters into a compliance
agreement, and employees or agents of that person, must allow an
inspector access to all records regarding treatment of aircraft and to
all areas where loading, unloading, and treatment of aircraft occurs.
(b) A compliance agreement may be canceled by an inspector, orally
or in writing, whenever he or she determines that the person who has
entered into the compliance agreement has failed to comply with the
agreement or this subpart. If the cancellation is oral, the cancellation
and the reasons for the cancellation will be confirmed in writing within
20 days of oral notification. Any person whose compliance agreement has
been canceled may appeal the decision, in writing, to the Administrator
within 10 days after receiving written notification of the cancellation.
The appeal must state all of the facts and reasons upon which the person
relies to show that the compliance agreement was wrongfully canceled. A
hearing will be held to resolve any conflict as to any material fact.
The Administrator shall adopt rules of practice for the hearing. An
appeal shall be granted or denied, in writing, as promptly as
circumstances allow, and the reasons for the decision shall be stated.
The compliance agreement will remain canceled pending the decision on
the appeal.
[61 FR 32641, June 25, 1996]
Subpart--Pine Shoot Beetle
Source: 57 FR 54496, Nov. 19, 1992, unless otherwise noted.
Sec. 301.50 Restrictions on interstate movement of regulated articles.
Regulated articles may be moved interstate from any quarantined area
only in accordance with this subpart.\1\
---------------------------------------------------------------------------
\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance; and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise dispose
of regulated articles as provided in section 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]
Sec. 301.50-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any individual authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Certificate. A document in which an inspector, or person operating
under a compliance agreement, affirms that a specified regulated article
is free of pine shoot beetle and may be moved interstate to any
destination.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles, in which the
person agrees to comply with the provisions of this subpart.
Infestation. The presence of the pine shoot beetle or the existence
of circumstances that make it reasonable to believe that the pine shoot
beetle is present.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual, authorized by the Administrator to enforce
this subpart.
Interstate. From any State into or through any other State.
Limited permit (permit). A document in which an inspector, or person
operating under a compliance agreement, affirms
[[Page 31]]
that the regulated article identified on the document is eligible for
interstate movement in accordance with Sec. 301.50-5(b) of this subpart
only to a specified destination and only in accordance with specified
conditions.
Moved (Move, Movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted
trees, including dug (balled and burlaped) Christmas trees, and
ornamental pine, such as bonsai.
Pine shoot beetle. The insect known as pine shoot beetle, Tomicus
piniperda (Linnaeus), in any stage of development.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.50-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.50-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.50-2 (a) or (b) of
this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.50-2(c) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]
Sec. 301.50-2 Regulated articles.
The following are regulated articles:
(a) Pine products (Pinus spp.), as follows: Bark nuggets (including
bark chips); Christmas trees; logs with bark attached; lumber with bark
attached; nursery stock; pine wreaths and garlands; raw pine materials
for pine wreaths and garlands; and stumps.
(b) Any article, product, or means of conveyance not covered by
paragraph (a) of this section, that presents a risk of spread of the
pine shoot beetle and that an inspector notifies the person in
possession of it is subject to the restrictions of this subpart.
[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995]
Sec. 301.50-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area, in paragraph (c) of
this section, each State, or each portion of a State, in which the pine
shoot beetle has been found by an inspector, in which the Administrator
has reason to believe that the pine shoot beetle is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities in
which the pine shoot beetle has been found. Less than an entire State
will be designated as a quarantined area only if the Administrator
determines that:
(1) The State has adopted and is enforcing a quarantine and
regulations that impose restrictions on the intrastate movement of the
regulated articles that are equivalent to those imposed by this subpart
on the interstate movement of these articles; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the artificial interstate
spread of the pine shoot beetle.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area in a State as a quarantined area in accordance with
the criteria specified in paragraph (a) of this section. The
Administrator will give a copy of this regulation along with a written
notice of this temporary designation to the owner or person in
possession of the nonquarantined area; thereafter, the interstate
movement of any regulated article from an area temporarily designated as
a quarantined area is subject to this subpart. As soon as practicable,
this area will be added to the list in paragraph (c) of this section, or
the designation will be terminated by the Administrator or an inspector.
The owner or person in possession of an area for which designation is
terminated will be given notice of the termination as soon as
practicable.
(c) The areas described below are designated as quarantined areas:
Illinois
Boone County. The entire county.
Bureau County. The entire county.
[[Page 32]]
Champaign County. The entire county.
Cook. The entire county.
De Kalb County. The entire county.
Du Page. The entire county.
Grundy County. The entire county.
Iroquois. The entire county.
Kane County. The entire county.
Kankakee. The entire county.
Kendall County. The entire county.
La Salle County. The entire county.
Lake County. The entire county.
Lee County. The entire county.
Livingston. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Ogle County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Stephenson County. The entire county.
Vermilion County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.
Indiana
Adams County. The entire county.
Allen County. The entire county.
Benton. The entire county.
Blackford County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
De Kalb. The entire county.
Delaware. The entire county.
Elkhart County. The entire county.
Fountain County. The entire county.
Fulton County. The entire county.
Grant. The entire county.
Huntington. The entire county.
Jasper County. The entire county.
Jay County. The entire county.
Kosciusko County. The entire county.
Lagrange County. The entire county.
Lake County. The entire county.
La Porte County. The entire county.
Madison County. The entire county.
Marshall County. The entire county.
Miami. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Randolph County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe. The entire county.
Wabash County. The entire county.
Warren County. The entire county.
Wayne County. The entire county.
Wells County. The entire county.
White. The entire county.
Whitley County. The entire county.
Maryland
Allegany County. The entire county.
Garrett County. The entire county.
Washington County. The entire county.
Michigan
Alcona County. The entire county.
Allegan. The entire county.
Alpena County. The entire county.
Antrim County. The entire county.
Barry. The entire county.
Bay County. The entire county.
Benzie County. The entire county.
Berrien County. The entire county.
Branch. The entire county.
Calhoun. The entire county.
Cass County. The entire county.
Charlevoix County. The entire county.
Clare County. The entire county.
Clinton. The entire county.
Crawford County. The entire county.
Eaton. The entire county.
Emmet County. The entire county.
Genesee. The entire county.
Gladwin County. The entire county.
Grand Traverse County. The entire county.
Gratiot. The entire county.
Hillsdale. The entire county.
Huron County. The entire county.
Ingham County. The entire county.
Ionia. The entire county.
Isabella. The entire county.
Jackson. The entire county.
Kalkasa County. The entire county.
Kalamazoo. The entire county.
Kent County. The entire county.
Lake County. The entire county.
Lapeer County. The entire county.
Lenawee. The entire county.
Livingston. The entire county.
Luce County. The entire county.
Mackinac County. The entire county.
Macomb. The entire county.
Manistee County. The entire county.
Mason County. Then entire county.
Mecosta County. The entire county.
Midland. The entire county.
Missaukee County. The entire county.
Monroe County. The entire county.
Montcalm. The entire county.
Montmorency County. The entire county.
Muskegon County. The entire county.
Newaygo County. The entire county.
Oakland. The entire county.
Oceana County. The entire county.
Ogemaw County. The entire county.
Osceola County. The entire county.
Oscoda County. The entire county.
Otsego County. The entire county.
Ottawa County. The entire county.
Presque Isle County. The entire county.
Saginaw. The entire county.
St. Clair County. The entire county.
St. Joseph County. The entire county.
Sanilac County. The entire county.
Shiawassee. The entire county.
Tuscola. The entire county.
Van Buren. The entire county.
Washtenaw. The entire county.
Wayne. The entire county.
Wexford County. The entire county.
[[Page 33]]
New York
Allegany County. The entire county.
Cattaraugus. The entire county.
Cayuga County. The entire county.
Chautauqua. The entire county.
Erie County. The entire county.
Genesee. The entire county.
Livingston. The entire county.
Monroe. The entire county.
Niagara County. The entire county.
Ontario. The entire county.
Orleans. The entire county.
Oswego County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Stuben County. The entire county.
Tomkins County. The entire county.
Wayne County. The entire county.
Wyoming. The entire county.
Yates County. The entire county.
Ohio
Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Auglaize County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Defiance County. The entire county.
Delaware County. The entire county.
Erie. The entire county.
Fulton County. The entire county.
Geauga County. The entire county.
Hancock County. The entire county.
Hardin County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jefferson County. The entire county.
Knox. The entire county.
Lake County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Mahoning County. The entire county.
Marion County. The entire county.
Medina County. The entire county.
Mercer County. The entire county.
Morrow County. The entire county.
Ottawa County. The entire county.
Perry County. The entire county.
Portage County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
Seneca County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Union County. The entire county.
Van Wert County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Wyandot County. The entire county.
Pennsylvania
Allegheny County. The entire county.
Armstrong County. The entire county.
Beaver County. The entire county.
Butler County. The entire county.
Cambria County. The entire county.
Cameron County. The entire county.
Clarion County. The entire county.
Clearfield County. The entire county.
Crawford County. The entire county.
Elk County. The entire county.
Erie County. The entire county.
Forest County. The entire county.
Indiana County. The entire county.
Jefferson County. The entire county.
Lawrence County. The entire county.
McKean County. The entire county.
Mercer County. The entire county.
Potter County. The entire county.
Somerset County. The entire county.
Venango County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Westmoreland County. The entire county.
West Virginia
Brooke County. The entire county.
Hancock County. The entire county.
Ohio County. The entire county.
Wisconsin
Grant County. The entire county.
(d) A map of the quarantined areas follows:
[[Page 34]]
[GRAPHIC] [TIFF OMITTED] TR09DE97.016
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58
FR 28335, May 13, 1993; 58 FR 34682, June 29, 1993; 58 FR 63027, Nov.
30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR
2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9,
1997]
Sec. 301.50-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Secs. 301.50-5 and 301.50-8 of this subpart;
(b) Without a certificate or limited permit, if:
(1)(i) The regulated article originates outside any quarantined area
and is moved through the quarantined area without stopping (except for
dropoff loads, refueling, or traffic conditions, such as traffic lights
or stop signs) during October, November, or December, or when ambient
air temperature is below 10 deg.C (50 deg.F); or
(ii) The regulated article originates outside any quarantined area
and, during the period of January through September, is moved through
the quarantined area at a temperature higher than 10 deg.C (50 deg.F),
if the article is shipped in an enclosed vehicle or completely covered
(such as with plastic, canvas, or other closely woven cloth) so as to
prevent access by the pine shoot beetle; and
(2) The point of origin of the regulated article is indicted on the
waybill.
[[Page 35]]
(c) With a limited permit issued by the Administrator if the
regulated article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Under conditions, specified on the permit, which the
Administrator has found to be adequate to prevent the spread of the pine
shoot beetle; and
(3) With a tag or label, bearing the number of the permit issued for
the regulated article, attached to the outside of the container of the
regulated article or attached to the regulated article itself, if the
regulated article is not in a container.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993]
Sec. 301.50-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate will be issued by an inspector \3\ for the
interstate movement of a regulated article if the inspector determines
that:
---------------------------------------------------------------------------
\3\ Services of an inspector may be requested by contacting the
local offices of Plant Protection and Quarantine, which are listed in
telephone directories. The addresses and telephone numbers of local
offices may also be obtained from the Animal and Plant Health Inspection
Service, Plant Protection and Quarantine, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(1)(i) The regulated article has been treated under the direction of
an inspector in accordance with Sec. 301.50-10 of this subpart; or
(ii) Based on inspection of the premises of origin, if the regulated
article is a greenhouse-grown pine (such as bonsai), that the greenhouse
is free from the pine shoot beetle and is screened to prevent entry of
the pine shoot beetle; or
(iii) Based on inspection of the regulated article, if the regulated
article is a pine seedling or a pine transplant and is no greater than
36 inches high with a bole diameter at soil level of 1 inch or less,
that it is free from the pine shoot beetle; or
(iv) Based on inspection by an inspector (branch tip-by-branch tip)
of pine nursery stock, that it is free from the pine shoot beetle; or
(v) If the regulated article is a pine log with bark attached or
pine lumber with bark attached or a pine stump, that its source tree has
been felled during the period of July through October; and
(2)(i) The regulated article will be moved through the quarantined
area during October, November, or December, or when the ambient air
temperature is below 10 deg.C (50 deg.F); or
(ii) The regulated article will be moved through the quarantined
area during the period of January through September, if the ambient air
temperature is 10 deg.C (50 deg.F) or higher, in an enclosed vehicle
or completely enclosed by a covering adequate to prevent access by the
pine shoot beetle; or
(iii) The pine log with bark attached, pine lumber with bark
attached, or pine stump, from a tree felled during the period of July
through October, will be shipped interstate from the quarantined area
during the period of July through October; and
(3) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd),\4\ to
prevent the spread of the pine shoot beetle; and
---------------------------------------------------------------------------
\4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested, infected by, or contain plant pests.
---------------------------------------------------------------------------
(4) The regulated article is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated articles.
(b) An inspector \5\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\5\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------
(1)(i) The regulated article is to be moved interstate to a
specified destination for specified handling, processing, or utilization
(the destination and other conditions to be listed in the limited
permit), and this interstate movement will not result in the spread of
the pine shoot beetle. If the regulated
[[Page 36]]
article is part of a shipment of pine Christmas trees, the inspector
will make a pest-risk determination on the basis of an inspection
conducted in accordance with Sec. 301.50-5(c) of this paragraph; or
(ii) The regulated article is to be moved interstate from a
quarantined area to a quarantined area and will transit any non-
quarantined area in an enclosed vehicle or completely enclosed by a
covering adequate to prevent access by the pine shoot beetle; and
(2) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd), to prevent
the spread of the pine shoot beetle; and
(3) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(c) The number of pine Christmas trees randomly selected for
inspection is determined by the size and type of shipment, in accordance
with the following tables. If a shipment mixes painted and natural
trees, the inspection procedure for painted trees will apply.
Table 1.--Painted (Color-Enhanced) Pine Christmas Trees \1\
------------------------------------------------------------------------
No. of No. of
trees No. of trees in trees
No. of trees in shipment to shipment to
sample sample
------------------------------------------------------------------------
1-72........................... All 701-800.............. 120
73-100......................... 73 801-900.............. 121
101-200........................ 96 901-1,000............ 122
201-300........................ 106 1,001-2,000.......... 126
301-400........................ 111 2,001-3,000.......... 127
401-500........................ 115 3,001-5,000.......... 128
501-600........................ 117 5,001-10,000......... 129
601-700........................ 119 10,001 or more....... 130
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
sampled, the entire shipment must be rejected. If no pine shoot beetle
is detected in any of the trees sampled, the shipment will be allowed
to move with a limited permit. The limited permit must state, ``All
trees that remain unsold as of December 25 must be destroyed by
burning or chipping, or must be fumigated, prior to January 1.''
Table 2.--Natural (Unpainted) Christmas Trees \1\
------------------------------------------------------------------------
No. of No. of
trees No. of trees in trees
No. of trees in shipment to shipment to
sample sample
------------------------------------------------------------------------
1-57........................... All 501-600.............. 80
58-100......................... 58 601-700.............. 81
101-200........................ 69 701-1,000............ 82
201-300........................ 75 1,001-3,000.......... 84
301-400........................ 77 3,001-10,000......... 85
401-500........................ 79 10,001 or more....... 86
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
sampled, the entire shipment must be rejected. If no pine shoot beetle
is detected in any of the trees sampled, the shipment will be allowed
to move with a limited permit. The limited permit must state, ``All
trees that remain unsold as of December 25 must be destroyed by
burning or chipping, or must be fumigated, prior to January 1.''
(d) Certificates and limited permits for use for interstate movement
of regulated articles may be issued by an inspector or person operating
under a compliance agreement. A person operating under a compliance
agreement may issue a certificate for the interstate movement of a
regulated article if an inspector has determined that the regulated
article is otherwise eligible for a certificate in accordance with
paragraph (a) of this section. A person operating under a compliance
agreement may issue a limited permit for interstate movement of a
regulated article when an inspector has determined that the regulated
article is eligible for a limited permit in accordance with paragraph
(b) of this section.
(e) Any certificate or limited permit that has been issued may be
withdrawn by an inspector orally, or in writing, if he or she determines
that the holder of the certificate or limited permit has not complied
with all conditions under this subpart for the use of the certificate or
limited permit. If the withdrawal is oral, the withdrawal and the
reasons for the withdrawal shall be confirmed in writing as promptly as
circumstances allow. Any person whose certificate or limited permit has
been withdrawn may appeal the decision in writing to the Administrator
within 10 days after receiving the written notification of the
withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the certificate or limited permit
was wrongfully withdrawn. As promptly as circumstances allow, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the
[[Page 37]]
decision. A hearing will be held to resolve any conflict as to any
material fact. Rules of practice concerning such a hearing will be
adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58
FR 28335, May 13, 1993; 58 FR 34683, June 29, 1993; 59 FR 67608, Dec.
30, 1994]
Sec. 301.50-6 Compliance agreements and cancellation.
(a) Any person engaged in growing, handling, or moving regulated
articles may enter into a compliance agreement when an inspector
determines that the person understands this subpart.\6\
---------------------------------------------------------------------------
\6\ Compliance agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(b) Any compliance agreement may be canceled orally or in writing by
an inspector whenever the inspector finds that the person who has
entered into the compliance agreement has failed to comply with this
subpart. If the cancellation is oral, the cancellation and the reasons
for the cancellation shall be confirmed in writing as promptly as
circumstances allow. Any person whose compliance agreement has been
canceled may appeal the decision, in writing, within 10 days after
receiving written notification of the cancellation. The appeal must
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully canceled. As promptly as
circumstances allow, the Administrator will grant or deny the appeal, in
writing, stating the reasons for the decision. A hearing will be held to
resolve any conflict as to any material fact. Rules of practice
concerning such a hearing will be adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993;
59 FR 67608, Dec. 30, 1994]
Sec. 301.50-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.50-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit must notify an inspector,\7\ at least 48 hours in advance of the
desired interstate movement.
---------------------------------------------------------------------------
\7\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------
(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]
Sec. 301.50-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article must be attached, at all times during
the interstate movement, to the outside of the container containing the
regulated article, or to the regulated article itself, if not in a
container. The requirements of this section may also be met by attaching
the certificate or limited permit to the consignee's copy of the
waybill, provided the regulated article is sufficiently described on the
certificate or limited permit and on the waybill to identify the
regulated article.
(b) The certificate or limited permit for the interstate movement of
a regulated article must be furnished by the carrier to the consignee at
the destination of the regulated article.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]
Sec. 301.50-9 Costs and charges.
The services of the inspector during normal business hours (8 a.m.
to 4:30 p.m., Monday through Friday, except holidays) will be furnished
without cost. The user will be responsible for all costs and charges
arising from inspection and other services provided outside of normal
business hours.
[[Page 38]]
Sec. 301.50-10 Treatments.
(a) Fumigation is authorized for use on pine logs with bark
attached, pine lumber with bark attached, pine bark nuggets (including
bark chips), and pine stumps, as follows: Logs, lumber, and stumps may
be treated with methyl bromide at normal atmospheric pressure with 48 g/
m3 (3 lb/1000 ft3) for 16 hours at 21 deg.C (70
deg.F) or above, or 80 g/m3 (5 lb/1000 ft3) for 16
hours at 4.5 - 20.5 deg.C (40 - 69 deg.F.).
(b) Cold treatment is authorized for cut pine Christmas trees, pine
nursery stock, pine wreaths and garlands, and raw pine materials for
pine wreaths and garlands as follows: The regulated articles must be
loaded into a refrigeration unit and held at -20.6 deg.C (-5 deg.F)
for one hour; the period before the refrigeration unit reaches the
specified temperature is not part of the treatment period.
(c) Any one of these fumigation treatments is authorized for use on
cut pine Christmas trees, pine wreaths and garlands, and raw pine
materials for pine wreaths and garlands. Cut pine Christmas trees, pine
wreaths and garlands, and raw pine materials for pine wreaths and
garlands may be treated with methyl bromide at normal atmospheric
pressure as follows:
----------------------------------------------------------------------------------------------------------------
Dosage: Concentration readings: ounces per 1000
pounds per Exposure: feet \3\
Temperature 1000 feet hours -------------------------------------------
\3\ 2.0 hr 3.0 hr 3.5 hr 4.0 hr
----------------------------------------------------------------------------------------------------------------
40-49 deg.F................................ 4.0 4.0 57 -- -- 48
50-59 deg.F................................ 4.0 3.5 57 -- 48 --
50-59 deg.F................................ 3.5 4.0 50 -- -- 42
60 deg.F+.................................. 4.0 3.0 57 48 -- --
60 deg.F+.................................. 3.0 4.0 43 -- -- 36
----------------------------------------------------------------------------------------------------------------
Note: APHIS assumes no responsibility for damage to cut pine Christmas trees due to possible phytotoxic effects
of these treatments. Trees should be cut at least 14 days before treatment to reduce the possibility of
phytotoxic effects.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58
FR 28335, May 13, 1993; 58 FR 63027, Nov. 30, 1993; 60 FR 55780, 55781,
Nov. 3, 1995]
Subpart--Asian Longhorned Beetle
Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.
Sec. 301.51-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any individual authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Asian longhorned beetle. The insect known as Asian longhorned beetle
(Anoplophora glabripennis) in any stage of development.
Certificate. A document which is issued for a regulated article by
an inspector or by a person operating under a compliance agreement, and
which represents that such article is eligible for interstate movement
in accordance with Sec. 301.51-5(a).
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles that are
moved interstate, in which the person agrees to comply with the
provisions of this subpart and any conditions imposed under this
subpart.
Infestation. The presence of the Asian longhorned beetle in any life
stage.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual authorized by the Administrator to enforce
the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector affirms that the
regulated article not eligible for a certificate is eligible for
interstate movement only to a specified destination and in accordance
with conditions specified on the permit.
[[Page 39]]
Moved (movement, move). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.51-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.51-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.51-2(a) of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.51-2(b) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.51-2 Regulated articles.
The following are regulated articles:
(a) Firewood (all hardwood species), and green lumber and other
material living, dead, cut, or fallen, inclusive of nursery stock, logs,
stumps, roots, branches, and debris of half an inch or more in diameter
of the following genera: Acer (maple), Aesculus (horse chestnut), Betula
(birch), Hibiscus syriacus L. (Rose of Sharon), Malus (apple), Melia
(chinaberry), Morus (mulberry), Populus (poplar), Prunus (cherry), Pyrus
(pear), Robinia (locust), Salix (willow), Ulmus (elm), and Citrus.
(b) Any other article, product, or means of conveyance not covered
by paragraph (a) of this section if an inspector determines that it
presents a risk of spreading Asian longhorned beetle and notifies the
person in possession of the article, product, or means of conveyance
that it is subject to the restrictions of this subpart.
[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997]
Sec. 301.51-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area in paragraph (c) of
this section, each State or each portion of a State in which the Asian
longhorned beetle has been found by an inspector, in which the
Administrator has reason to believe that the Asian longhorned beetle is
present, or that the Administrator considers necessary to regulate
because of its inseparability for quarantine enforcement purposes from
localities where Asian longhorned beetle has been found. Less than an
entire State will be designated as a quarantined area only if the
Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of regulated articles that are equivalent to those
imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than an entire State as a quarantined
area will be adequate to prevent the artificial interstate spread of the
Asian longhorned beetle.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area as a quarantined area in accordance with the
criteria specified in paragraph (a) of this section. The Administrator
will give written notice of this designation to the owner or person in
possession of the nonquarantined area, or, in the case of publicly owned
land, to the person responsible for the management of the nonquarantined
area. Thereafter, the interstate movement of any regulated article from
an area temporarily designated as a quarantined area is subject to this
subpart. As soon as practicable, this area either will be added to the
list of designated quarantined areas in paragraph (c) of this section,
or the Administrator will terminate the designation. The owner or person
in possession of, or, in the case of publicly owned land, the person
responsible for the management of, an area for which the designation is
terminated will be given written notice of the termination as soon as
practicable.
(c) The following areas are designated as quarantined areas:
New York
New York City. That area in the boroughs of Brooklyn and Queens in
the city of New York that is bounded as follows: Beginning at the point
where the Manhattan Bridge intersects the shoreline of the East River;
then south
[[Page 40]]
from the Manhattan Bridge along Flatbush Avenue to Lafayette Avenue;
then east along Lafayette Avenue to Himrod Street continuing northeast
along Himrod Street to Myrtle Avenue; then east along Myrtle Avenue to
Fresh Pond Road; then north along Fresh Pond Road to Flushing Avenue;
then northeast along Flushing Avenue to Grand Avenue; then along Grand
Avenue to 69th Street; then north along 69th Street to Queens Boulevard;
then west along Queens Boulevard to the Queensbrough Bridge and the East
River; then south and west along the shoreline of the East River to the
point of beginning.
Nassau and Suffolk Counties. That area in the villages of
Amityville, West Amityville, North Amityville, Copiague, Massapequa,
Massapequa Park, and East Massapequa; in the towns of Oyster Bay and
Babylon; and in the counties of Nassau and Suffolk that is bounded as
follows: Beginning at a point where Riviera Drive West intersects with
the shoreline of the Great South Bay; then north along Riveria Drive
West to Strong Avenue; then north along Strong Avenue to Marconi
Boulevard; then west along Marconi Boulevard to Great Neck Road; then
north and northwest along Great Neck Road to Southern State Parkway;
then west along Southern State Parkway to Broadway; then south along
Broadway to Hicksville Road; then south along Hicksville Road to
Division Avenue; then south along Division Avenue to the Great South
Bay; then east along the shoreline of the Great South Bay to the point
of beginning.
Sec. 301.51-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
(a) Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions:
(1) With a certificate or limited permit issued and attached in
accordance with Secs. 301.51-5 and 301.51-8;
(2) Without a certificate or limited permit if:
(i) The regulated article is moved by the United States Department
of Agriculture for experimental or scientific purposes; or
(ii) The regulated article originates outside the quarantined area
and is moved interstate through the quarantined area under the following
conditions:
(A) The points of origin and destination are indicated on a waybill
accompanying the regulated article; and
(B) The regulated article is moved through the quarantined area
without stopping, or has been stored, packed, or handled at locations
approved by an inspector as not posing a risk of infestation by Asian
longhorned beetle; and
(C) The article has not been combined or commingled with other
articles so as to lose its individual identity.
(b) When an inspector has probable cause to believe a person or
means of conveyance is moving a regulated article interstate, the
inspector is authorized to stop the person or means of conveyance to
determine whether a regulated article is present and to inspect the
regulated article. Articles found to be infected by an inspector, and
articles not in compliance with the regulations in this subpart, may be
seized, quarantined, treated, subjected to other remedial measures,
destroyed, or otherwise disposed of.
Sec. 301.51-5 Issuance and cancellation of certificates and limited permits.
(a) An inspector 1 or person operating under a compliance
agreement will issue a certificate for the interstate movement of a
regulated article if he or she determines that the regulated article:
---------------------------------------------------------------------------
\1\ Inspectors are assigned to local offices of APHIS, which are
listed in local telephone directories. Information concerning such local
offices may also be obtained from the Animal and Plant Health Inspection
Service, Plant Protection and Quarantine, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(1)(i) Is apparently free of Asian longhorned beetle in any stage of
development, based on inspection of the regulated article; or
(ii) Has been grown, produced, manufactured, stored, or handled in
such a manner that, in the judgment of the inspector, the regulated
article does not
[[Page 41]]
present a risk of spreading Asian longhorned beetle; and
(2) Is to be moved in compliance with any additional emergency
conditions that the Administrator may impose under section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd) 2 in order to prevent
the artificial spread of Asian longhorned beetle; and
---------------------------------------------------------------------------
\2\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested by, infected by, or contain plant pests.
---------------------------------------------------------------------------
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
articles.
(b) An inspector or a person operating under a compliance agreement
will issue a limited permit for the interstate movement of a regulated
article not eligible for a certificate if he or she determines that the
regulated article:
(1) Is to be moved interstate to a specified destination for
specific processing, handling, or utilization (the destination and other
conditions to be listed on the limited permit), and this interstate
movement will not result in the spread of Asian longhorned beetle
because Asian longhorned beetle will be destroyed by the specific
processing, handling, or utilization; and
(2) Is to be moved in compliance with any additional emergency
conditions that the Administrator may impose under section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd) in order to prevent the spread
of Asian longhorned beetle; and
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 301.51-6 or authorize reproduction of the certificates or limited
permits on shipping containers, or both, as requested by the person
operating under the compliance agreement. These certificates and limited
permits may then be completed and used, as needed, for the interstate
movement of regulated articles that have met all of the requirements of
paragraph (a) or (b), respectively, of this section.
(d) Any certificate or limited permit may be canceled orally or in
writing by an inspector whenever the inspector determines that the
holder of the certificate or limited permit has not complied with this
subpart or any conditions imposed under this subpart. If the
cancellation is oral, the cancellation will become effective
immediately, and the cancellation and the reasons for the cancellation
will be confirmed in writing as soon as circumstances permit. Any person
whose certificate or limited permit has been cancelled may appeal the
decision in writing to the Administrator within 10 days after receiving
the written cancellation notice. The appeal must state all of the facts
and reasons that the person wants the Administrator to consider in
deciding the appeal. A hearing may be held to resolve a conflict as to
any material fact. Rules of practice for the hearing will be adopted by
the Administrator. As soon as practicable, the Administrator will grant
or deny the appeal, in writing, stating the reasons for the decision.
Sec. 301.51-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated
articles interstate may enter into a compliance agreement 3
if such persons review with an inspector each stipulation of the
compliance agreement. Any person who enters into a compliance agreement
with APHIS must agree to comply with the provisions of this subpart and
any conditions imposed under this subpart.
---------------------------------------------------------------------------
\3\ Compliance agreements may be initiated by contacting a local
office of APHIS. The addresses and telephone numbers of local offices
are listed in local telephone directories and may also be obtained from
the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(b) Any compliance agreement may be canceled orally or in writing by
an inspector whenever the inspector determines that the person who has
entered into the compliance agreement has not
[[Page 42]]
complied with this subpart or any conditions imposed under this subpart.
If the cancellation is oral, the cancellation will become effective
immediately, and the cancellation and the reasons for the cancellation
will be confirmed in writing as soon as circumstances permit. Any person
whose compliance agreement has been cancelled may appeal the decision in
writing to the Administrator within 10 days after receiving the written
cancellation notice. The appeal must state all of the facts and reasons
that the person wants the Administrator to consider in deciding the
appeal. A hearing may be held to resolve a conflict as to any material
fact. Rules of practice for the hearing will be adopted by the
Administrator. As soon as practicable, the Administrator will grant or
deny the appeal, in writing, stating the reasons for the decision.
Sec. 301.51-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector 4 at least 48 hours before the
services are needed.
---------------------------------------------------------------------------
\4\ See footnote 1 to Sec. 301.51-5.
---------------------------------------------------------------------------
(b) The regulated articles must be assembled at the place and in the
manner that the inspector designates as necessary to comply with this
subpart.
Sec. 301.51-8 Attachment and disposition of certificates and limited permits.
(a) A regulated article must be plainly marked with the name and
address of the consignor and the name and address of the consignee and
must have the certificate or limited permit issued for the interstate
movement of a regulated article securely attached at all times during
interstate movement to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill; Provided, that
the description of the regulated article on the certificate or limited
permit, and on the waybill, are sufficient to identify the regulated
article; and
(b) The carrier must furnish the certificate or limited permit
authorizing interstate movement of a regulated article to the consignee
at the destination of the shipment.
Sec. 301.51-9 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services. The user will
be responsible for all costs and charges arising from inspection and
other services provided outside of normal business hours.
Subpart--Pink Bollworm
Source: 32 FR 16385, Nov. 30, 1967, unless otherwise noted.
Quarantine and Regulations
Sec. 301.52 Quarantine; restriction on interstate movement of specified regulated articles.
(a) Notice of quarantine. The following States are quarantined to
prevent the spread of the pink bollworm (Pectinophora gossypiella
(Saund.)): Arizona, Arkansas, California, New Mexico, Oklahoma, and
Texas.
(b) Regulated articles. No common carrier or other person shall move
interstate from any quarantined State any regulated article, except in
accordance with this subpart. The following are regulated articles:
(1) Cotton and wild cotton, including all parts of these plants.
(2) Seed cotton.
(3) Cottonseed.
(4) American-Egyptian (long-staple) varieties of cotton lint,
linters, and lint cleaner waste; except:\1\
---------------------------------------------------------------------------
\1\ The articles hereby exempted remain subject to applicable
restrictions under other quarantines and must have not been exposed to
pink bollworm infestation after ginning or compression as prescribed.
---------------------------------------------------------------------------
(i) American-Egyptian cotton lint, linters, and lint cleaner waste
compressed to a density of at least 22 pounds per cubic foot.
(ii) Trade samples of American-Egyptian cotton lint and linters.
(5) Cotton waste produced at cotton gins and cottonseed oil mills.
(6) Cotton gin trash.
(7) Used bagging and other used wrappers for cotton.
[[Page 43]]
(8) Used cotton harvesting equipment and used cotton ginning and
used cotton oil mill equipment.
(9) Kenaf, including all parts of the plants.
(10) Okra, including all parts of these plants, except:
(i) Canned or frozen okra; or
(ii) Okra seed; and
(iii) Fresh, edible fruits of okra:
(A) During December 1 through May 15 if moved interstate, but only
during January 1 through March 15 if moved to California.
(B) During May 16 through November 30, if moved interstate to any
portion of Illinois, Kentucky, Missouri, or Virginia that is north of
the 38th parallel; or to any destination in Colorado, Connecticut,
Delaware, District of Columbia, Idaho, Indiana, Iowa, Kansas, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New
Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon,
Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington,
West Virginia, Wisconsin, or Wyoming.
(11) Any other product, article, or means of conveyance not covered
by paragraphs (b) (1) through (10) of this section, when an inspector
determines that it presents a risk of spread of the pink bollworm and
the person in possession of the product, article, or means of conveyance
has actual notice that it is subject to the restrictions of this
subpart.
[32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22, 1983;
49 FR 26188, June 27, 1984; 52 FR 26943, July 17, 1987; 53 FR 4842, Feb.
18, 1988; 53 FR 36432, Sept. 20, 1988; 56 FR 9274, Mar. 6, 1991; 57 FR
31304, July 15, 1992; 58 FR 36952, July 8, 1993; 58 FR 39418, July 23,
1993; 59 FR 44608, Aug. 30, 1994; 59 FR 46721, Sept. 12, 1994; 62 FR
23945, May 2, 1997]
Sec. 301.52-1 Definitions.
Terms used in the singular form in this subpart shall be deemed to
import the plural, and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively to
mean:
(a) Certificate. A document issued or authorized to be issued under
this subpart by an inspector to allow the interstate movement of
regulated articles to any destination.
(b) Compliance agreement. A written agreement between a person
engaged in growing, handling, or moving regulated articles, and the
Plant Protection and Quarantine Programs, wherein the former agrees to
comply with the requirements of this subpart identified in the agreement
by the inspector who executes the agreement on behalf of the Plant
Protection and Quarantine Programs as applicable to the operations of
such person.
(c) Deputy Administrator. The Deputy Administrator of the Plant
Protection and Quarantine Programs, Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or any other officer or
employee of said Service to whom authority to act in his stead has been
or may hereafter be delegated.
(d) Generally infested area. Any part of a regulated area not
designated as a suppressive area in accordance with Sec. 301.52-2.
(e) Infestation. The presence of the pink bollworm or the existence
of circumstances that make it reasonable to believe that pink bollworm
is present.
(f) Inspector. Any employee of the Plant Protection and Quarantine
Programs, Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, or other person authorized by the Deputy Administrator to
enforce the provisions of the quarantine and regulations in this
subpart.
(g) Interstate. From any State, territory, or district of the United
States into or through any other State, territory, or district of the
United States (including Puerto Rico).
(h) Limited permit. A document issued or authorized to be issued by
an inspector to allow the interstate movement of noncertified regulated
articles to a specified destination for limited handling, utilization,
or processing or for treatment.
(i) Moved (movement, move). Shipped, offered for shipment to a
common carrier, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved by any
means. ``Movement'' and ``move'' shall be construed accordingly.
(j) Person. Any individual, corporation, company, society, or
association,
[[Page 44]]
or other organized group of any of the foregoing.
(k) Pink bollworm. The live insect known as the pink bollworm of
cotton (Pectinophora gossypiella Saund.), in any stage of development.
(l) Regulated area. Any quarantined State, territory, or district,
or any portion thereof, listed as a regulated area in Sec. 301.52-2a by
the Deputy Administrator in accordance with Sec. 301.52-2(a).
(m) Regulated articles. Any articles described in Sec. 301.52(b).
(n) Restricted destination permit. A document issued or authorized
to be issued by an inspector to allow the interstate movement of
regulated articles not certified under all applicable Federal domestic
plant quarantines to a specified destination for other than scientific
purposes.
(o) Scientific permit. A document issued by the Deputy Administrator
to allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
(p) Suppressive area. That part of a regulated area where
eradication of infestation is undertaken as an objective, as designated
by the Deputy Administrator under Sec. 301.52-2(a).
(q) Treatment manual. The provisions currently contained in the
``Plant Protection and Quarantine Treatment Manual'' and any amendments
thereto. \2\
---------------------------------------------------------------------------
\2\ A pamphlet containing such provisions is available, upon
request, from the Deputy Administrator, Plant Protection and Quarantine
Programs, Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, Washington, DC 20250, or from an inspector.
---------------------------------------------------------------------------
[32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36
FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July
17, 1987]
Sec. 301.52-2 Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas.
The Deputy Administrator shall publish and amend from time to time
as the facts warrant, the following lists:
(a) List of regulated areas and suppressive or generally infested
areas. The Deputy Administrator shall list as regulated areas in a
supplemental regulation designated as Sec. 301.52-2a, the quarantined
States, territories, or districts, or portions thereof, in which pink
bollworm has been found or in which there is reason to believe that pink
bollworm is present, or which it is deemed necessary to regulate because
of their proximity to infestation or their inseparability for quarantine
enforcement purposes from infested localities. The Deputy Administrator,
in the supplemental regulation, may divide any regulated area into a
suppressive area and a generally infested area in accordance with the
definitions thereof in Sec. 301.52-1. Less than an entire quarantined
State, territory, or district will be designated as a regulated area
only if the Deputy Administrator is of the opinion that:
(1) The State, territory, or district has adopted and is enforcing a
quarantine or regulations which imposes restrictions on the intrastate
movement of the regulated articles which are substantially the same as
those which are imposed with respect to the interstate movement of such
articles under this subpart; and
(2) The designation of less than the entire State, territory, or
district, as a regulated area will otherwise be adequate to prevent the
interstate spread of the pink bollworm.
[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]
Sec. 301.52-2a Regulated areas; suppressive and generally infested areas.
The civil divisions and part of civil divisions described below are
designated as pink bollworm regulated areas within the meaning of the
provisions of this subpart; and such regulated areas are hereby divided
into generally infested areas or suppressive areas as indicated below.
Arizona
(1) Generally infested area. Entire State.
(2) Suppressive area. None.
Arkansas
(1) Generally infested area. None.
(2) Suppressive area.
Poinsett County. T. 12N., R 5E.; Sections 22, 23, 24, 25, 26, 27,
34, 35, and 36.
California
(1) Generally infested area.
[[Page 45]]
Imperial County. The entire county.
Inyo County. The entire county.
Los Angeles County. The entire county.
Orange County. The entire county.
Riverside County. The entire county.
San Bernardino County. The entire county.
San Diego County. The entire county.
(2) Suppressive area.
Fresno County. The entire county.
Kern County. The entire county.
Kings County. The entire county.
Madera County. The entire county.
Merced County. The entire county.
San Benito County. The entire county.
Tulare County. The entire county.
New Mexico
(1) Generally infested area. Entire State.
(2) Suppressive area. None.
Oklahoma
(1) Generally infested area. Entire State.
(2) Suppressive area. None.
Texas
(1) Generally infested area. Entire State.
(2) Suppressive area. None.
[42 FR 13533, Mar. 11, 1977]
Editorial Note: For Federal Register citations affecting
Sec. 301.52-2a, see the List of CFR Sections Affected in the Finding
Aids section of this volume.
Sec. 301.52-3 Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
Any regulated articles may be moved interstate from any quarantined
State under the following conditions:
(a) From any regulated area, with certificate or permit issued and
attached in accordance with Secs. 301.52-4 and 301.52-7 if moved:
(1) From any regulated area into or through any point outside of the
regulated areas; or
(2) From any generally infested area into or through any suppressive
area; or
(3) Between any noncontiguous suppressive areas; or
(4) Between contiguous suppressive areas when it is determined by
the inspector that the regulated articles present a hazard of the spread
of the pink bollworm and the person in possession thereof has been so
notified; or
(b) From any regulated area, without certificate or permit if moved;
(1) From a generally infested area to a contiguous generally
infested area; or
(2) From a suppressive area to a contiguous generally infested area;
or
(3) Between contiguous suppressive areas unless the person in
possession of the articles has been notified by an inspector that a
hazard of spread of the pink bollworm exists; or
(4) Through or reshipped from any regulated area if the articles
originated outside of any regulated area and if the point of origin of
the articles is clearly indicated, their identity has been maintained
and they have been safeguarded against infestation while in the
regulated area in a manner satisfactory to the inspector; or
(c) From any area outside the regulated areas, without a certificate
or permit if the point of origin of such movement is clearly indicated
on the articles or shipping document which accompanies the articles and
if the movement is not made through any regulated area.
[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]
Sec. 301.52-4 Issuance and cancellation of certificates and permits.
(a) Certificates may be issued for any regulated articles by any
inspector if he determines that they are eligible for certification for
movement to any destination under all Federal domestic plant quarantines
applicable to such articles and:
(1) Have originated in noninfested premises in a regulated area and
have not been exposed to infestation while within the regulated areas;
or
(2) Upon examination, have been found to be free of infestation; or
(3) Have been treated to destroy infestation in accordance with the
treatment manual; or
(4) Have been grown, produced, manufactured, stored, or handled in
such manner that no infestation would be transmitted thereby.
(b) Limited permits may be issued by an inspector to allow
interstate movement of regulated articles, not eligible for
certification under this subpart, to specified destinations for limited
handling, utilization, or processing, or for
[[Page 46]]
treatment in accordance with the treatment manual, when upon evaluation
of the circumstances involved in each specific case he determines that
such movement will not result in the spread of the pink bollworm and
requirements of other applicable Federal domestic plant quarantines have
been met.
(c) Restricted destination permits may be issued by an inspector to
allow the interstate movement of regulated articles to any destination
permitted under all applicable Federal domestic plant quarantines (for
other than scientific purposes) if such articles are not eligible for
certification under all such quarantines but would otherwise qualify for
certification under this subpart.
(d) Scientific permits may be issued by the Deputy Administrator to
allow the interstate movement of regulated articles for scientific
purposes under such conditions as may be prescribed in each specific
case by the Deputy Administrator.
(e) Certificate, limited permit, and restricted destination permit
forms may be issued by an inspector to any person for use by the latter
for subsequent shipments provided such person is operating under a
compliance agreement; and any such person may be authorized by an
inspector to reproduce such forms on shipping containers or otherwise.
Any such person may use the certificate forms, or reproductions of such
forms, for the interstate movement of regulated articles from the
premises of such person identified in the compliance agreement if such
person has made one of the determination specified in paragraph (a) of
this section with respect to such articles. Any such person may use the
limited permit forms, or reproductions of such forms, for interstate
movement of regulated articles to specific destinations authorized by
the inspector in accordance with paragraph (b) of this section. Any such
person may use the restricted destination permit forms, or reproductions
of such forms, for the interstate movement of regulated articles not
eligible for certification under all Federal domestic plant quarantines
applicable to such articles, under the conditions specified in paragraph
(c) of this section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector if he determines that the holder
thereof has not complied with any condition for the use of such document
imposed by this subpart.
Sec. 301.52-5 Compliance agreements; and cancellation thereof.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of such articles under this subpart. Compliance
agreement forms may be obtained from the Deputy Administrator or an
inspector.
(b) Any compliance agreement may be cancelled by the inspector who
is supervising its enforcement whenever he finds, after notice and
reasonable opportunity to present views has been accorded to the other
party thereto, that such other party has failed to comply with the
conditions of the agreement.
Sec. 301.52-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 301.52-4(e)) who desire to move interstate regulated articles
which must be accompanied by a certificate or permit shall, as far in
advance as possible, request an inspector to examine the articles prior
to movement. Such articles shall be assembled at such points and in such
manner as the inspector designates to facilitate inspection.
Sec. 301.52-7 Attachment and disposition of certificates or permits.
(a) If a certificate or permit is required for the interstate
movement of regulated articles, the certificate or permit shall be
securely attached to the outside of the container in which such articles
are moved, except that, where the certificate or permit is attached to
the waybill or other shipping document, and the regulated articles are
adequately described on the certificate, permit, or shipping document,
the attachment of the certificate or permit
[[Page 47]]
to each container of the articles is not required.
(b) In all cases, certificates or permits shall be furnished by the
carrier to the consignee at the destination of the shipment.
Sec. 301.52-8 Inspection and disposal of regulated articles and pests.
Any properly identified inspector is authorized to stop and inspect,
and to seize, destroy, or otherwise dispose of, or require disposal of
regulated articles and pink bollworms as provided in section 10 of the
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Plant Pest
Act (7 U.S.C. 150dd), in accordance with instructions issued by the
Deputy Administrator.
Sec. 301.52-9 Movement of live pink bollworms.
Regulations requiring a permit for, and otherwise governing the
movement of live pink bollworms in interstate or foreign commerce are
contained in the Federal Plant Pest regulations in part 330 of this
chapter. Applications for permits for the movement of the pest may be
made to the Deputy Administrator.
Sec. 301.52-10 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
Subpart--Mexican Fruit Fly Quarantine and Regulations
Source: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.
Sec. 301.64 Quarantine and regulations; restrictions on interstate movement of regulated articles.1,2
---------------------------------------------------------------------------
\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance, and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise dispose
of regulated articles as provided in section 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
2 Regulations concerning the movement of live Mexican
fruit flies in interstate or foreign commerce are contained in part 330
of this chapter.
---------------------------------------------------------------------------
(a) Quarantine and regulations. The Secretary of Agriculture hereby
quarantines the States of California and Texas in order to prevent the
artificial spread of the Mexican fruit fly, a dangerous plant pest not
heretofore widely prevalent or distributed within and throughout the
United States; and hereby establishes regulations governing the
interstate movement of regulated articles specified in Sec. 301.64-2.
(b) Restrictions on interstate movement of regulated articles. No
common carrier or other person shall move from any regulated area any
regulated article interstate into or through American Samoa, Arizona,
California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana
Islands, Puerto Rico, Texas, and the Virgin Islands of the United
States, except in accordance with the conditions prescribed in this
subpart.
[48 FR 54580, Dec. 6, 1983, as amended at 49 FR 33992, Aug. 28, 1984; 50
FR 14087, Apr. 10, 1985; 55 FR 27181, July 2, 1990; 55 FR 47738, Nov.
15, 1990; 57 FR 521, Jan. 7, 1992; 58 FR 219, Jan. 5, 1993; 58 FR 64103,
Dec. 9, 1993; 59 FR 51840, Oct. 13, 1994; 61 FR 2392, Jan. 26, 1996; 62
FR 44202, Aug. 20, 1997; 62 FR 61214, Nov. 17, 1997]
Sec. 301.64-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as a plural and vice versa, as the case may demand. The following terms,
when used in this subpart, shall be construed, respectively, to mean:
Certificate. A document which is issued for a regulated article by
an inspector or by a person operating under a compliance agreement, and
which represents that such article is eligible for interstate movement
in accordance with Sec. 301.64-5(c).
Compliance agreement. A written agreement between Plant Protection
and Quarantine and a person engaged in the business of growing,
handling, or moving regulated articles, wherein the person agrees to
comply with the provisions of this subpart and any conditions imposed
pursuant thereto.
[[Page 48]]
Core area. The 1 square mile area surrounding each property where
Mexican fruit fly has been detected.
Day degrees. A mathematical construct combining average temperature
over time that is used to calculate the length of a Mexican fruit fly
life cycle. Day degrees are the product of the following formula, with
all temperatures measured in deg.F:
(Minimum Daily Temp + Maximum Daily Temp)/2)-54 deg.=Day Degrees.
Deputy Administrator. The Deputy Administrator of the Animal and
Plant Health Inspection Service for Plant Protection and Quarantine, or
any officer or employee of the Department to whom authority to act in
his/her stead has been or may hereafter be delegated.
Infestation. The presence of the Mexican fruit fly or the existence
of circumstances that make it reasonable to believe that the Mexican
fruit fly is present.
Inspector. Any employee of Plant Protection and Quarantine, Animal
and Plant Health Inspection Service, U.S. Department of Agriculture, or
other person, authorized by the Deputy Administrator in accordance with
law to enforce the provisions of the quarantines and regulations in this
subpart.
Interstate. From any State into or through any other State.
Limited permit. A document which is issued for a regulated article
by an inspector or by a person operating under a compliance agreement,
and which represents that such regulated article is eligible for
interstate movement in accordance with Sec. 301.64-5(b).
Mexican fruit fly. The insect known as Mexican fruit fly (Anastrepha
ludens (Loew)) in any stage of development.
Moved (movement, move). Shipped, offered for shipment to a common
carrier, received for transportation or transported by a common carrier,
or carried, transported, moved, or allowed to be moved by any means.
``Movement'' and ``move'' shall be construed accordingly.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Plant Protection and Quarantine. The organizational unit within the
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Quarantine Act, the Federal Plant Pest Act, and related
legislation, and quarantines and regulations promulgated thereunder.
Regulated area. Any State, or any portion thereof, listed in
Sec. 301.64-3(c) or otherwise designated as a regulated area in
accordance with Sec. 301.64-3(b).
Regulated article. Any article listed in Sec. 301.64-2 of otherwise
designated as a regulated article in accordance with Sec. 301.64-2(c).
State. Each of the several States of the United States, the District
of Columbia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin
Islands of the United States and all other territories and possessions
of the United States.
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 521, Jan. 7, 1992]
Sec. 301.64-2 Regulated articles.
(a) The following fruits are regulated articles:
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Calamondin orange (X citrofortunella mitis)
Cherimoya (Annona cherimola)
Citrus citron (Citrus medica)
Custard apple (Annona reticulata)
Grapefruit (Citrus paradisi)
Guava (Pisdium guajava)
Japanese plum (Prunus salicina)
Kumquat (Fortunella japonica)
Lemon (Citrus limon) except Eureka, Lisbon, and Villa Franca cultivars
(smooth-skinned sour lemon)
Lime (Citrus aurantiifolia) except sour limes
Mamey (Mammea americana)
Mandarin orange (tangerine) (Citrus reticulata)
Mango (Mangifera indica)
Nectarine (Prunus persica)
Peach (Prunus persica)
Pear (Pyrus communis)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune, Plum (Prunus domestica)
Plummelo (Shaddock) (Citrus maxima)
Quince (Cydonia oblonga)
Rose apple (Syzygium jambos (Eugenia jambos))
Sour orange (Citrus aurantium)
Sapote (Casimiroa spp.)
Sapota, Sapodilla (Sapotaceae)
Sargentia, yellow chapote (Sargentia greggii)
Spanish plum, purple mombin or Ciruela (Spondias spp.)
Sweet orange (Citrus sinensis)
[[Page 49]]
Except that the list does not include any fruits which have been canned,
or frozen below -17.8 deg. C (0 deg. F);
(b) Soil within the drip line of plants which are producing or have
produced the fruits listed in paragraph (a) of this section, and
(c) Any other product, article, or means of conveyance, of any
character whatsoever, not covered by paragraph (a) or paragraph (b) of
this section, when it is determined by an inspector that it presents a
risk of spread of the Mexican fruit fly and the person in possession
thereof has actual notice that the product, article or means of
conveyance is subject to the restrictions of this section.
Sec. 301.64-3 Regulated areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator shall list as a regulated area in paragraph (c)
of this section, each quarantined State, or each portion thereof, in
which the Mexican fruit fly has been found by an inspector or in which
the Deputy Administrator has reason to believe that the Mexican fruit
fly is present, or each portion of a quarantined State which the Deputy
Administrator deems necessary to regulate because of its proximity to
the Mexican fruit fly or its inseparability for quarantine enforcement
purposes from localities in which the Mexican fruit fly occurs. Less
than an entire quarantined State will be designated as a regulated area
only if the Deputy Administrator determines that:
(1) The State has adopted and is enforcing a quarantine or
regulation which imposes restrictions on the intrastate movement of the
regulated articles which are substantially the same as those which are
imposed with respect to the interstate movement of such articles under
this subpart; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the artificial interstate
spread of the Mexican fruit fly.
(b) The Deputy Administrator or an inspector may temporarily
designate any nonregulated area in a quarantined State as a regulated
area in accordance with the criteria specified in paragraph (a) of this
section for listing such area. Written notice of such designation shall
be given to the owner or person in possession of such nonregulated area,
and, thereafter, the interstate movement of any regulated article from
such area shall be subject to the applicable provisions of this subpart.
As soon as practicable, such area shall be added to the list in
paragraph (c) of this section or such designation shall be terminated by
the Deputy Administrator or an inspector, and notice thereof shall be
given to the owner or person in possession of the area.
(c) The areas described below are designated as regulated areas:
California
Los Angeles County. That portion of Los Angeles County in the Boyle
Heights area bounded by a line drawn as follows: Beginning at the
intersection of Interstate Highway 101 and Alvarado Street; then
northeast along Alvarado Street to Sunset Boulevard; then southeast
along Sunset Boulevard to Echo Park Avenue; then northeast along Echo
Park Avenue to Morton Avenue; then northeast along Morton Avenue to
Morton Place; then southeast along Morton Place to Academy Road; then
east along Academy Road to State Highway 110; then northeast along State
Highway 110 to Via Marisol Avenue; then east along Via Marisol Avenue to
Monterey Road; then south along Monterey Road to Huntington Drive; then
northeast along Huntington Drive to Poplar Boulevard; then east along
Poplar Boulevard to Fremont Avenue; then south along Fremont Avenue to
Interstate Highway 10; then east along Interstate Highway 10 to Atlantic
Boulevard; then south along Atlantic Boulevard to Newmark Avenue; then
east along Newmark Avenue to Garfield Avenue; then south along Garfield
Avenue to Slauson Avenue; then west along Slauson Avenue to Eastern
Avenue; then south along Eastern Avenue to Gage Avenue; then west along
Gage Avenue to Interstate Highway 710; then south along Interstate
Highway 710 to Florence Avenue; then west along Florence Avenue to
Central Avenue; then north along Central Avenue to Slauson Avenue; then
west along Slauson Avenue to Interstate Highway 110; then north along
Interstate Highway 110 to Jefferson Boulevard; then northwest along
Jefferson Boulevard to Hoover Street; then north along Hoover Street to
Alvarado Street; then northeast along Alvarado Street to the point of
beginning.
Texas
Cameron County. The entire county.
Hidalgo County. The entire county.
[[Page 50]]
Willacy County. The entire county.
[48 FR 54580, Dec. 6, 1983, as amended at 49 FR 33992, Aug. 28, 1984; 50
FR 14087, Apr. 10, 1985; 55 FR 27181, July 2, 1990; 55 FR 42699, Oct.
23, 1990; 55 FR 47738, Nov. 15, 1990; 56 FR 46108, Sept. 10, 1991; 57 FR
522, Jan. 7, 1992; 57 FR 10974, Apr. 1, 1992; 58 FR 219, Jan. 5, 1993;
58 FR 64103, Dec. 6, 1993; 59 FR 51840, Oct. 13, 1994; 61 FR 2392, Jan.
26, 1996; 61 FR 38354, July 24, 1996; 62 FR 44202, Aug. 20, 1997; 62 FR
61214, Nov. 17, 1997]
Sec. 301.64-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.
Any regulated article may be moved interstate from any regulated
area in a quarantined State into or through those areas listed in
Sec. 301.64(b) of this subpart only if moved under the following
conditions: \3\
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Secs. 301.64-5 and 301.64-8;
(b) Without a certificate or limited permit, if:
(1) Moved to any State not listed in Sec. 301.64(b) or
(2)(i) Moved directly through (moved without stopping except under
normal traffic conditions, such as for traffic lights or stop signs) any
regulated area in an enclosed vehicle or completely enclosed by a
covering adequate to prevent the introduction of the Mexican fruit fly
(such as canvas, plastic , or closely woven cloth), and
(ii) The article originated outside of any regulated area, and
(iii) The point of origin of the article is clearly indicated by
shipping documents and its identity has been maintained.
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992]
Sec. 301.64-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate shall be issued by an inspector for the movement
of a regulated article if such inspector:
(1)(i) Determines that it has been treated under the direction of an
inspector 4 in accordance with Sec. 301.64-10; or
---------------------------------------------------------------------------
4 Treatments shall be monitored by inspectors in order to
assure compliance with the requirements in this subpart.
---------------------------------------------------------------------------
(ii) Determines based on inspection of the premises of origin that
the premises are free from the Mexican fruit fly and the article has not
been exposed to Mexican fruit fly; or
(iii) Determines based on inspection of the article that it is free
from Mexican fruit fly; and
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of the
Mexican fruit fly pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); 5 and
---------------------------------------------------------------------------
5 Section 105 of the Federal Plant Pest Act (7 U.S.C.
150dd) provides among other things, that the Secretary of Agriculture
may, whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means or conveyance, which is moving into or through the United States
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest.
---------------------------------------------------------------------------
(3) Determines that it is eligible for unrestricted movement under
all other Federal domestic plant quarantines and regulations applicable
to such article.
(b) A limited permit shall be issued by an inspector for the
movement of a regulated article if such inspector:
(1) Determines, in consultation with the Deputy Administrator, that
it is to be moved to a specified destination for specified handling,
utilization, processing, or for treatment in accordance with
Sec. 301.64-10 (such destination and other conditions to be specified on
the limited permit), when, upon evaluation of all of the circumstances
involved in each case, it is determined that such movement will not
result in the spread of the Mexican fruit fly because life stages of the
pest will be destroyed by such specified handling, utilization,
processing, or treatment;
[[Page 51]]
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of the
Mexican fruit fly pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); 5 and
(3) Determines that it is eligible for such movement under all other
Federal domestic plant quarantines and regulations applicable to such
article.
(c) Certificates and limited permits for use for movement of
regulated articles may be issued by an inspector or person engaged in
the business of growing, handling, or moving regulated articles provided
such person is operating under a compliance agreement. Any such person
may execute and issue a certificate for the interstate movement of a
regulated article if such person has treated such regulated article to
destroy infestation in accordance with the provisions in Sec. 301.64-10
and the inspector has made the determination that such article is
otherwise eligible for a certificate in accordance with paragraph (a) of
this section; or if the inspector has made the determination that such
article is eligible for a certificate in accordance with paragraph (a)
of this section without such treatment. Any such person may execute and
issue a limited permit for interstate movement of a regulated article
when the inspector has made the determination that such article is
eligible for a limited permit in accordance with paragraph (b) of this
section.
(d) Any certificate or limited permit which has been issued or
authorized may be withdrawn by an inspector if such inspector determines
that the holder thereof has not complied with any conditions under the
regulations for the use of such document. The reasons for the withdrawal
shall be confirmed in writing as promptly as circumstances permit. Any
person whose certificate or limited permit has been withdrawn may appeal
the decision in writing to the Deputy Administrator within ten (10) days
after receiving the written notification of the withdrawal. The appeal
shall state all of the facts and reasons upon which the person relies to
show that the certificate or limited permit was wrongfully withdrawn.
The Deputy Administrator shall grant or deny the appeal, in writing,
stating the reasons for such decision, as promptly as circumstances
permit. If there is a conflict to any material fact, a hearing shall be
held to resolve such conflict. Rules of Practice concerning such a
hearing will be adopted by the Deputy Administrator.
Sec. 301.64-6 Compliance agreement and cancellation thereof.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of regulated articles under this
subpart.6 The compliance agreement shall be a written
agreement between a person engaged in such a business and Plant
Protection and Quarantine, wherein the person agrees to comply with the
provisions of this subpart and any conditions imposed pursuant thereto.
---------------------------------------------------------------------------
\6\ Compliance Agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236, and from local offices of the Plant
Protection and Quarantine. (Local offices are listed in telephone
directories).
---------------------------------------------------------------------------
(b) Any compliance agreement may be cancelled orally or in writing
by the inspector who is supervising its enforcement whenever the
inspector finds that such person has failed to comply with the
provisions of this subpart or any conditions imposed pursuant thereto.
If the cancellation is oral, the decision and the reasons therefore
shall be confirmed in writing, as promptly as circumstances permit. Any
person whose compliance agreement has been cancelled may appeal the
decision, in writing, within ten (10) days after receiving written
notification of the cancellation. The appeal shall state all of the
facts and reasons upon which the person relies to show that the
compliance agreement was wrongfully cancelled. The Deputy Administrator
shall grant or deny the appeal, in writing, stating the reasons for such
decision, as promptly as circumstances permit. If there is a conflict as
to any material fact, a hearing shall be held to resolve
[[Page 52]]
such conflict. Rules of Practice concerning such a hearing will be
adopted by the Deputy Administrator.
[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.64-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.64-5(c)), who desires to move
interstate a regulated article accompanied by a certificate or limited
permit shall, as far in advance as possible (should be no less than 48
hours before the desired movement), request an inspector 7 to
take any necessary action under this subpart prior to movement of the
regulated article.
---------------------------------------------------------------------------
\7\ Inspectors are assigned to local offices of Plant Protection and
Quarantine which are listed in telephone directories. Information
concerning such local offices may also be obtained from the Animal and
Plant Health Inspection Service, Plant Protection and Quarantine,
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale,
Maryland 20737-1236.
---------------------------------------------------------------------------
(b) Such article shall be assembled at such point and in such manner
as the inspector designates as necessary to comply with the requirements
of this subpart.
[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.64-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, at the times during such movement,
shall be securely attached to the outside of the containers containing
the regulated article, securely attached to the article itself if not in
a container, or securely attached to the consignee's copy of the
accompanying waybill or other shipping document; Provided however, That
the requirements of this section may be met by attaching the certificate
or limited permit to the consignee's copy of the waybill or other
shipping documents only if the regulated article is sufficiently
described on the certificate, limited permit, or shipping document to
identify such article.
(b) The certificate or limited permit for the movement of a
regulated article shall be furnished by the carrier to the consignee at
the destination of the shipment.
Sec. 301.64-9 Costs and charges.
The service of the inspector shall be furnished without cost. The
U.S. Department of Agriculture will not be responsible for any costs or
charges incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
Sec. 301.64-10 Treatments.
Treatments for regulated articles shall be one of the following:
(a) Apple, grapefruit, orange, pear, plum, pomegranate, quince and
tangerine:
Cold treat the fruit according to one of the following:
18 days of 0.55 deg. C (33 deg. F) or below
20 days at 1.11 deg. C (34 deg. F) or below
22 days at 1.66 deg. C (35 deg. F) or below
(b) Soil within the drip line of plants which are producing or have
produced fruits listed in Sec. 301.64-2(a):
Host fruits must be removed from host plants prior to treatment.
Material: Diazinon
Dosage: Apply five pounds a.i. per acre (0.12 pounds or two ounces avdp.
per 1,000 square feet)
Method: Soil drench using ground equipment. Apply with 130 gallons of
water per acre (three gallons per 1,000 square feet) under hosts
Frequency/timing: Three applications at 14 to 16 day intervals as
needed. Applications may be repeated if infestations become established.
In addition to the above, Diazinon must be applied in accordance with
all label directions.
(c) Premises. A field, grove, or area that is located within the
quarantined area but outside the infested core area, and that produces
regulated articles, must receive regular treatments with malathion bait
spray. These treatments must take place at 6- to 10-day intervals,
starting a sufficient time before harvest (but not less than 30 days
before harvest) to allow for completion of egg and larvae development of
the Mexican fruit fly. Determination of the
[[Page 53]]
time period must be based on the day degrees model for Mexican fruit
fly. Once treatment has begun, it must continue through the harvest
period. The malathion bait spray treatment must be applied by aircraft
or ground equipment at a rate of 2.4 ounces of technical grade malathion
and 9.6 ounces of protein hydrolysate per acre.
(d) Grapefruit and oranges. MB at NAP--Chamber only: 40 g/m\3\ (2\1/
2\ lb/1000 ft\3\) for 2 hours at 21-29 deg.C
(70-85 deg.F).
Load not to exceed 80% of the chamber volume.
(e) Grapefruit. (1) High-temperature forced air as follows:
(i) Minimum size: 3.5 in (9 cm) in diameter
(ii) Minimum weight: 9.25 oz (262 g)
(iii) Minimum initial pulp temperature: 77 deg.F (25 deg.C)
(iv) Caution: Grapefruit larger than 3.7 in (9.5 cm) in diameter and
14.2 oz (402 g) in weight may suffer cosmetic damage as a result of this
treatment.
(2) These steps must occur in order:
(i) Place the grapefruit in a chamber and seal the chamber.
(ii) Heat air in chamber to 104 deg.F (40 deg.C) for 120 minutes.
(iii) Heat air in chamber to 122 deg.F (50 deg.C) for 90 minutes.
(iv) Heat air in chamber to 126 deg.F (52 deg.C) and maintain
temperature until the grapefruit center reaches 118 deg.F (48 deg.C).
(3) The treatment must be administered in a sealed, insulated
chamber. The air may be heated in the chamber or hot air may be
introduced into the chamber.
[48 FR 54580, Dec. 6, 1983, as amended at 50 FR 9788, Mar. 12, 1985; 57
FR 522, Jan. 7, 1992; 59 FR 43714, Aug. 25, 1994]
Subpart--Citrus Canker
Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.
Editorial Note: Nomenclature changes to Subpart--Citrus Canker
appear at 53 FR 4004, Feb. 11, 1988 and 53 FR 13242, Apr. 22, 1988.
Notice of Quarantine and Regulations
Sec. 301.75-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Certificate. An official document of the United States Department of
Agriculture authorizing the interstate movement of a regulated article
from a quarantined area into any area of the United States.
Citrus canker. A plant disease caused by strains of the bacterium
Xanthomonas axonopodis pv. citri.
Commercial citrus-producing area. Any area designated as a
commercial citrus-producing area in accordance with Sec. 301.75-5 of
this subpart.
Compliance agreement. A written agreement between the Animal and
Plant Health Inspection Service and a person engaged in the business of
growing or handling regulated articles for interstate movement, in which
the person pledges to comply with this subpart.
Departmental permit. An official document of the United States
Department of Agriculture authorizing the movement of a regulated
article from a quarantined area.
Departmental tag or label. An official tag or label of the United
States Department of Agriculture, which, attached to a regulated article
or its container, indicates that the regulated article is eligible for
interstate movement with a Departmental permit.
Exposed. Determined by an inspector to be at risk for developing
citrus canker because of proximity during the past 2 years to infected
plants, or to personnel, vehicles, equipment, or other articles that may
have been contaminated with bacteria that cause citrus canker.
Grove. Any tree or stand of trees maintained to produce fruit and
separated from other trees by a boundary, such as a fence, stream, road,
canal, irrigation ditch, hedgerow, open space, or sign or marker
denoting change of fruit variety.
Infected. Containing bacteria that cause citrus canker.
Infestation. The presence of a plant or plants infected with citrus
canker at a particular location, except when the
[[Page 54]]
plant or plants contracted the infection at a previous location and the
infection has not spread to any other plant at the present location.
Inspector. An individual authorized by the Administrator to perform
the specified duties.
Interstate. From any State into or through any other State.
Limited permit. An official document of the United States Department
of Agriculture authorizing the interstate movement of a regulated
article from a quarantined area, but restricting the areas of the United
States into which the regulated article may be moved.
Move. Ship, carry, transport, offer for shipment, receive for
shipment, or allow to be transported by any means.
Movement. The act of shipping, carrying, transporting, offering for
shipment, receiving for shipment, or allowing to be transported by any
means.
Nursery. Any premises, including greenhouses but excluding any
grove, at which plants are grown or maintained for propagation or
replanting.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Quarantined area. Any area designated as a quarantined area in
accordance with Sec. 301.75-4 of this subpart.
Regulated article. Any article listed in Sec. 301.75-3 (a) or (b) of
this subpart or designated as a regulated article in accordance with
Sec. 301.75-3(c) of this subpart.
Regulated fruit, regulated plant, regulated seed, regulated tree.
Any fruit, plant, seed, or tree defined as a regulated article.
State. Each of the 50 States of the United States, the District of
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin
Islands of the United States, and all other territories and possessions
of the United States.
United States. All of the States, the District of Columbia, Guam,
the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the
United States, and all other territories and possessions of the United
States.
[55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996]
Sec. 301.75-2 General prohibitions.
(a) Regulated articles may not be moved interstate from a
quarantined area expect in accordance with this subpart.
(b) Regulated articles moved from a quarantined area with a limited
permit may not be moved interstate into any commercial citrus-producing
area, except as follows: The regulated articles may be moved through a
commercial citrus-producing area if they are covered, or enclosed in
containers or in a compartment of a vehicle, while in the commercial
citrus-producing area, and are not unloaded in the commercial citrus-
producing area without the permission of an inspector.
(c) Regulated articles moved interstate with a limited permit to an
area of the United States that is not a commercial citrus-producing area
may not subsequently be moved interstate into any commercial citrus-
producing area.
[55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990]
Sec. 301.75-3 Regulated articles.
(a) Plants or plant parts, including fruit and seeds, or any of the
following: All species, clones, cultivars, strains, varieties, and
hybrids of the genera Citrus and Fortunella, and all clones, cultivars,
strains, varieties, and hybrids of the species Clausena lansium and
Poncirus trifoliata. The most common of these are: lemon, pummelo,
grapefruit, key lime, persian lime, tangerine, satsuma, tangor, citron,
sweet orange, sour orange, mandarin, tangelo, ethrog, kumquat, limequat,
calamondin, trifoliate orange, and wampi.
(b) Grass, plant, and tree clippings.
(c) Any other product, article, or means of conveyance, of any
character whatsoever, not covered by paragraph (a) of this section, when
it is determined by an inspector that it presents a risk of spread of
citrus canker and the person in possession thereof has actual notice
that the product, article, or means of conveyance is subject to the
provisions of this subpart.
[50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989.
Redesignated and amended at 55 FR 37450, Sept. 11, 1990]
[[Page 55]]
Sec. 301.75-4 Quarantined areas.
(a) The following States or portions of States are designated as
quarantined areas:
Florida
Dade County. That portion of Dade County within the following
boundaries: Beginning at the point on the shore line of Biscayne Bay
that is directly south of and in line with W 17th Avenue; then north to
W 17th Avenue; then north along W 17th Avenue to State Route 916; then
west along State Route 916 to the Palmetto Expressway; then south along
the Palmetto Expressway to NW 58th Street; then west along NW 58th
Street to NW 177 Avenue (Krome Avenue); then south along NW 177 Avenue
to SW 88th Street (Kendall Drive); then east along SW 88th Street to
Biscayne Bay; then north along the shore line of Biscayne Bay to the
point of beginning.
(b) The Administrator may designate any non-quarantined area as a
quarantined area in accordance with paragraphs (c) and (d) of this
section upon giving written notice of this designation to the owner or
persons in possession of the non-quarantined area. Thereafter, regulated
articles may be moved interstate from that area only in accordance with
this subpart. As soon as practicable, this area will be added to the
list in paragraph (a) of this section, or the Administrator will
terminate the designation. The owner or person in possession of an area
for which designation is terminated will be given written notice as soon
as practicable.
(c) Any State or portion of a State where an infestation is detected
will be designated as a quarantined area and will remain so until the
area has been without infestation for 2 years.
(d) Less than an entire State will be designated as a quarantined
area only if all of the following conditions are met:
(1) Survey. No area has been designated a survey area.
(2) Intrastate movement of regulated articles. The State enforces
restrictions on the intrastate movement of regulated articles from the
guarantined area that are at least as stringent as those on the
interstate movement of regulated articles from the guarantined area,
except as follows:
(i) Regulated fruit may be moved intrastate from a quarantined area
for processing into a product other than fresh fruit if all of the
following conditions are met:
(A) The regulated fruit is accompanied by a document that states the
location of the grove in which the regulated fruit was produced, the
variety and quantity of regulated fruit being moved intrastate, the
address to which the regulated fruit will be delivered for processing,
and the date the intrastate movement began,
(B) The regulated fruit and any leaves and litter are completely
covered, or enclosed in containers or in a compartment of a vehicle,
during the intrastate movement.
(C) The vehicles, covers, and any containers used to carry the
regulated fruit intrastate are treated in accordance with Sec. 301-11(d)
of this subpart before leaving the premises where the regulated fruit is
unloaded for processing, and
(D) All leaves, litter, and culls collected from the shipment of
regulated fruit at the processing facility are either incinerated at the
processing facility or buried at a public landfill that is fenced,
prohibits the removal of dumped material, and covers dumped material
with dirt at the end of every day that dumping occurs.
(ii) Regulated fruit may be moved intrastate from a quarantined area
for packing, either for subsequent interstate movement with a limited
permit or for export from the United States, if all of the following
conditions are met:
(A) The regulated fruit is accompanied by a document that states the
location of the grove in which the regulated fruit was produced, the
variety and quantity of regulated fruit being moved intrastate, the
address to which the regulated fruit will be delivered for packing, and
the date the intrastate movement began.
(B) The regulated fruit and any leaves and litter are completely
covered, or enclosed in containers or in a compartment of a vehicle,
during the intrastate movement.
(C) The vehicles, covers, and any containers used to carry the
regulated fruit intrastate are treated in accordance with Sec. 301.75-
11(d) of this subpart
[[Page 56]]
before leaving the premises where the regulated fruit is unloaded for
packing.
(D) At the packing plant, the regulated fruit is stored separately
from and has no contact with fruit eligible for interstate movement to
commercial citrus-producing areas. Any equipment that comes in contact
with the regulated fruit at the packing plant is treated in accordance
with Sec. 301.75-11(d) of this subpart before being used to handle any
fruit eligible for interstate movement to commercial citrus-producing
areas, and
(E) All leaves and litter collected from the shipment of regulated
fruit at the packing plant are either incinerated at the packing plant
or buried at a public landfill that is fenced, prohibits the removal of
dumped material, and covers dumped material with dirt at the end of
every day that dumping occurs. All culls collected from the shipment of
regulated fruit are either processed into a product other than fresh
fruit, incinerated at the packing plant, or buried at a public landfill
that is fenced, prohibits the removal of dumped material, and covers
dumped material with dirt at the end of every day that dumping occurs.
Any culls moved intrastate for processing must be completely covered, or
enclosed in containers or in a compartment of a vehicle, during the
intrastate movement, and the vehicles, covers, and any containers used
to carry the regulated fruit must be treated in accordance with
Sec. 301.75-11(d) of this subpart before leaving the premises where the
regulated fruit is unloaded for processing.
(iii) Grass, tree, and plant clippings may be moved intrastate from
the quarantined area for disposal in a public landfill or for composting
in a recycling facility, if all of the following conditions are met:
(A) The public landfill or recycling facility is located within the
survey area described in paragraph (d)(1) of this section,
(B) The grass, tree, or plant clippings are completely covered
during the movement from the quarantined area to the public landfill or
recycling facility, and
(C) Any public landfill used is fenced, prohibits the removal of
dumped material, and covers dumped material with dirt at the end of
every day that dumping occurs.
[55 FR 37450, Sept. 11, 1990; 55 FR 42698, Oct. 23, 1990, as amended at
55 FR 49502, Nov. 29, 1990; 56 FR 8102, Feb. 27, 1991; 57 FR 49374, Nov.
2, 1992; 59 FR 25288, May 16, 1994; 61 FR 1521, Jan. 22, 1996]
Sec. 301.75-5 Commercial citrus-producing areas.
(a) The following are designated as commercial citrus-producing
areas:
AmericanSamoa
Arizona
California
Florida
Guam
Hawaii
Louisiana
Northern Mariana Islands
Puerto Rico
Texas
Virgin Islands of the United States
(b) The list in paragraph (a) of this section is intended to include
jurisdictions which have commercial citrus-producing areas. Less than an
entire State may be designated as a commercial citrus-producing area
only if the Administrator determines that the area not included as a
commercial citrus-producing area does not contain commercial citrus
plantings; that the State has adopted and is enforcing a prohibition on
the intrastate movement from areas not designated as commercial citrus-
producing areas to commercial citrus-producing areas of fruit which are
designated as regulated articles and which were moved interstate from a
quarantined State pursuant to a limited permit; and that the designation
of less than the entire State as a commercial citrus-producing area will
otherwise be adequate to prevent the interstate spread of citrus canker.
[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986; as amended at 53
FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55
FR 37450, Sept. 11, 1990]
Sec. 301.75-6 Interstate movement of regulated articles from a quarantined area, general requirements.
No regulated article may be moved interstate from a quarantined area
unless all of the following conditions are met:
(a) Inspections. (1) In the quarantined area, every regulated plant
and regulated tree, except indoor houseplants and regulated plants and
regulated
[[Page 57]]
trees at nurseries, is inspected for citrus canker at least once a year,
during May 1 through December 31, by an inspector, on foot.
(2) In the quarantined area, every regulated plant and regulated
tree at every nursery containing regulated plants or regulated trees is
inspected for citrus canker by an inspector at intervals of no more than
45 days.
(b) Treatment of personnel, vehicles, and equipment. In the
quarantined area, all vehicles, equipment, and other articles used in
providing inspection, maintenance, harvesting, or related services in
any grove containing regulated plants or regulated trees, or in
providing landscaping or lawn care services on any premises containing
regulated plants or regulated trees, must be treated in accordance with
Sec. 301.75-11(d) of this subpart upon leaving the grove or premises.
All personnel who enter the grove or permises to provide these services
must be treated in accordance with Sec. 301.75-11(c) of this subpart
upon leaving the grove or premises.
(c) Destruction of infected plants and trees. No more than 7 days
after a State or Federal laboratory confirms that a regulated plant or
regulated tree is infected, the State must provide written notice to the
owner of the infected plant or infected tree that the infected plant or
infected tree must be destroyed. The owner must have the infected plant
or infected tree destroyed within 45 days after receiving the written
notice.
[55 FR 37451, Sept. 11, 1990]
Sec. 301.75-7 Interstate movement of regulated fruit from a quarantined area.
(a) Regulated fruit produced in a quarantined area. Regulated fruit
may be moved interstate from a quarantined area into any area of the
United States except commercial citrus-producing areas if all of the
following conditions are met:
(1) During the year before the interstate movement, the grove
producing the regulated fruit received regulated plants only from the
following nurseries:
(i) Nurseries located outside any quarantined areas, or
(ii) Nurseries where an inspector has found every regulated plant
free of citrus canker on each of three successive inspections conducted
at intervals of no more than 45 days, with the third inspection no more
than 45 days before shipment.
(2) During the 2 years before the interstate movement, no plants or
plant parts infected with citrus canker were found in the grove
producing the regulated fruit and any exposed plants in the grove at
high risk for developing citrus canker have been destroyed.
Identification of exposed plants at high risk for developing citrus
canker will be based on an evaluation of all of the circumstances
related to their exposure, including, but not limited to, the following:
(i) The stage of maturity of the exposed plant at the time of
exposure, the size and degree of infestation to which the plants were
exposed.
(ii) The proximity of exposed plants to infected plants or
contaminated articles at the time of exposure, and
(iii) The length of time the plants were exposed.
(3) No more than 30 days before the beginning of harvest, an
inspector walked through the grove, inspected every tree, and found the
grove free of citrus canker, and, in groves producing limes, an
inspector walked through the grove every 120 days or less thereafter for
as long as harvest continued, inspected every lime tree on each walk-
through, and continued to find the grove free of citrus canker.
(4) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
(5) The regulated fruit is free of leaves, twigs, and other plant
parts, except for stems that are less than one inch long and attached to
the fruit.
(6) The regulated fruit is accompanied by a limited permit issued in
accordance with Sec. 301.75-12 of this subpart.
(b) Regulated fruit not produced in a quarantined area. Regulated
fruit not produced in a quarantined area but moved into a quarantined
area for packing may be moved interstate from the quarantined area into
any area of the United States except commercial
[[Page 58]]
citrus-producing areas if all of the following conditions are met:
(1) The regulated fruit was accompanied to the packing plant by a
bill of lading stating the location of the grove in which the regulated
fruit was produced.
(2) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
(3) The regulated fruit is free of leaves, twigs, and other plant
parts, except for stems that are less than one inch long and attached to
the regulated fruit.
(4) The regulated fruit is accompanied by a limited permit issued in
accordance with Sec. 301.75-12 of this subpart.
[55 FR 37452, Sept. 11, 1990]
Sec. 301.75-8 Interstate movement of regulated seed from a quarantined area.
Regulated seed may be moved interstate from a quarantined area into
any area of the United States if all of the following conditions are
met:
(a) During the 2 years before the interstate movement, no plants or
plant parts infected with or exposed to citrus canker were found in the
grove or nursery producing the fruit from which the regulated seed was
extracted.
(b) The regulated seed was treated in accordance with Sec. 301.75-
11(b) of this subpart.
(c) The regulated seed is accompanied by a certificate issued in
accordance with Sec. 301.75-12 of this subpart.
[55 FR 37452, Sept. 11, 1990]
Sec. 301.75-9 Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes.
A regulated article may be moved interstate from a quarantined area
if:
(a) Moved by the United States Department of Agriculture for
experimental or scientific purposes;
(b) Moved pursuant to a Departmental permit issued for such article
by the Administrator;
(c) Moved in accordance with conditions specified on the
Departmental permit and determined by the Administrator to be adequate
to prevent the spread of citrus canker, i.e., conditions of treatment,
processing, growing, shipment, disposal; and
(d) Moved with a Departmental tag or label securely attached to the
outside of the container containing the article or securely attached to
the article itself if not in a container, with such tag or label bearing
a Departmental permit number corresponding to the number of the
Departmental permit issued for such article.
[50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450,
Sept. 11, 1990]
Sec. 301.75-10 Interstate movement of regulated articles through a quarantined area.
Any regulated article not produced in a quarantined area may be
moved interstate through a quarantined area, without a certificate,
limited permit, or Departmental permit, if all of the following
conditions are met:
(a) The regulated article is accompanied by either: A receipt
showing that the regulated article was purchased outside the quarantined
area, or a bill of lading stating the location of the premises where the
shipment originated, the type and quantity of regulated articles being
moved interstate, and the date the interstate movement began.
(b) The regulated article is moved through the quarantined area
without being unloaded, and no regulated article, except regulated fruit
that qualifies for interstate movement from the quarantined area in
accordance with Sec. 301.75-7 of this subpart, is added to the shipment
in the quarantined area.
(c) The regulated article is completely covered, or enclosed in
containers or in a compartment of a vehicle, during movement through the
quarantined area, except that, covering or enclosure is not required if
the regulated article is moved through the quarantined area without
stopping, except for refueling or for traffic conditions, such as
traffic lights or stop signs.
[55 FR 37452, Sept. 11, 1990]
[[Page 59]]
Sec. 301.75-11 Treatments.
(a) Regulated fruit. Regulated fruit for which treatment is required
by this subpart must be treated in one of the following ways in the
presence of an inspector, or at a facility whose owner operates under a
compliance agreement:
(1) The regulated fruit must be thoroughly wetted for at least 2
minutes with a solution containing 200 parts per million sodium
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5, or
(2) The regulated fruit must be thoroughly wetted with a solution
containing sodium o-phenyl phenate (SOPP) at a concentration of 1.86 to
2.0 percent of the total solution, for 45 seconds if the solution has
sufficient soap or detergent to cause a visible foaming action or for 1
minute if the solution does not contain sufficient soap to cause a
visible foaming action.
(3) Sodium hypochlorite and SOPP must be applied in accordance with
label directions.
(b) Regulated seed. Regulated seed for which treatment is required
by this subpart must be extracted from fruit that has been treated in
accordance with paragraph (a) of this section. The regulated seed must
then be cleaned free of pulp, immersed for 10 minutes in water heated to
125 deg. F. (51.6 deg. C.) or higher, then immersed for at least 2
minutes in a solution containing 200 parts per million sodium
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5.
(c) Personnel. All personnel for which treatment is required by this
subpart must clean their hands using one of the following disinfectants:
(1) Gallex 1027 Antimicrobial Soap;
(2) Hibiclens;
(3) Hibistat;
(4) Sani Clean Hand Soap; or
(5) Seventy Percent Isopropyl Alcohol.
(d) Vehicles, equipment, and other articles. All vehicles,
equipment, and other articles for which treatment is required by this
subpart must be cleaned and disinfected by removing all plants, leaves,
twigs, fruit, and other plant parts from all areas of the equipment or
vehicles, including in cracks, under chrome strips, and on the
undercarriage of vehicles, and by wetting all surfaces (including the
inside of boxes and trailers), to the point of runoff, with one of the
following disinfectants:
(1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to
7.5;
(2) A 0.2-percent solution of a quaternary ammonium chloride (QAC)
compound;
(3) A solution of hot water and detergent, under high pressure (at
least 30 pounds per square inch), at a minimum temperature of 160 deg.
F; or
(4) Steam, at a minimum temperature of 160 deg. F. at the point of
contact.
[50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4006, Feb. 11, 1988; 54
FR 12183, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept.
11, 1990]
Sec. 301.75-12 Certificates and limited permits.
(a) Issuance and withdrawal. (1) Certificates and limited permits
may be issued for the interstate movement of regulated articles only by
an inspector or by persons operating under a compliance agreement.
(2) A certificate or limited permit may be withdrawn by an inspector
if the inspector determines that any of the applicable requirements of
this subpart have not been met. The decision of the inspector and the
reason for the withdrawal must be confirmed in writing as promptly as
circumstances allow. Any person whose certificate or limited permit is
withdrawn may appeal the decision in writing to the Administrator within
10 days after receiving the written notification. The appeal must state
all of the facts and reasons upon which the person relies to show that
the certificate or limited permit was wrongfully withdrawn. The
Administrator must grant or deny the appeal in writing, stating the
reasons for the decision, as promptly as circumstances allow. If there
is a conflict as to any material fact, a hearing will be held to resolve
the conflict. Rules of practice concerning the hearing will be adopted
by the Administrator.
(b) Attachment and disposition. (1) Certificates and limited permits
accompanying regulated articles interstate must be attached during the
interstate movement to one of the following:
[[Page 60]]
(i) The outside of the regulated article, if the regulated article
is not packed in a container, or
(ii) The outside of the container in which the regulated article is
packed, or
(iii) The consignee's copy of the accompanying waybill, but only if
the regulated article is described on the certificate, limited permit,
or waybill in a way that allows the regulated article to be identified.
(2) Certificates and limited permits accompanying regulated articles
interstate must be given to the consignee at the point of destination.
[55 FR 37453, Sept. 11, 1990]
Sec. 301.75-13 Compliance agreements.
(a) Eligibility. Any person engaged in the business of growing or
handling regulated articles for interstate movement may enter into a
compliance agreement with the Animal and Plant Health Inspection Service
to facilitate the interstate movement of regulated articles in
accordance with this subpart. Compliance agreements may be arranged by
contacting a local office of Plant Protection and Quarantine, Animal and
Plant Health Inspection Service (listed in local telephone directories),
or by contacting the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Domestic and Emergency Operations, 4700 River
Road Unit 134, Riverdale, Maryland 20737-1236.
(b) Cancellation. Any compliance agreement may be cancelled orally
or in writing by an inspector if the inspector finds that the person who
entered into the compliance agreement has failed to comply with this
subpart. If the person is given notice of cancellation orally, written
confirmation of the decision and the reasons for it must be provided as
promptly as circumstances allow. Any person whose compliance agreement
is cancelled may appeal the decision in writing to the Administrator
within 10 days after receiving the written notification. The appeal must
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully cancelled. The
Administrator must grant or deny the appeal, in writing, stating the
reasons for the decision, as promptly as circumstances allow. If there
is a conflict as to any material fact, a hearing will be held to resolve
the conflict. Rules of practice concerning the hearing will be adopted
by the Administrator.
[55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.75-14 Costs and charges.
The services of the inspector shall be furnished without cost. The
United States Department of Agriculture will not be responsible for any
costs or charges incident to inspections or compliance with the
provisions in this subpart, other than for the services of the
inspector.
[50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11,
1990]
Subpart--Mediterranean Fruit Fly
Source: 56 FR 57576, Nov. 13, 1991, unless otherwise noted.
Sec. 301.78 Restrictions on interstate movement of regulated articles.
No person shall move interstate from any quarantined area any
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------
\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance, and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise dispose
of regulated articles as provided in section 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------
Sec. 301.78-1 Definitions.
In this subpart the following definitions apply:
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of Agriculture
(APHIS).
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of
[[Page 61]]
Mediterranean fruit fly and may be moved interstate to any destination.
Commercially produced. Fruits and vegetables that an inspector
identifies as having been produced for sale and distribution in mass
markets. Such identification will be based on a variety of indicators,
including, but not limited to: Quantity of produce, monocultural
practices, pest management programs, good sanitation practices including
destruction of culls, type of packaging, identification of grower or
packing house on the packaging, and documents consigning the shipment to
a wholesaler or retailer.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles, wherein the
person agrees to comply with the provisions of this subpart.
Core area. The 1 square mile area surrounding each property where
Mediterranean fruit fly has been detected.
Day degrees. A mathematical construct combining average temperature
over time that is used to calculate the length of a Mediterranean fruit
fly life cycle. Day degrees are the product of the following formula,
with all temperatures measured in deg.F: [(Minimum Daily Temp + Maximum
Daily Temp)/2] - 54 deg. = Day Degrees.
Drip line. The line around the canopy of a plant.
Infestation. The presence of the Mediterranean fruit fly or the
existence of circumstances that make it reasonable to believe that the
Mediterranean fruit fly is present.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or other person authorized by
the Administrator to enforce this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector or person operating
under a compliance agreement affirms that the regulated article
identified on the document is eligible for interstate movement in
accordance with Sec. 301.78-5(b) of this subpart only to a specified
destination and only in accordance with specified conditions.
Mediterranean fruit fly. The insect known as Mediterranean fruit fly
Ceratitis capitata (Wiedemann) in any stage of development.
Moved (Move, Movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.78-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.78-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.78-2(a) or (b) of
this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.78-2(c) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory or possession of the United States.
[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991; 62 FR 33538,
June 20, 1997; 62 FR 47556, Sept. 10, 1997]
Sec. 301.78-2 Regulated articles.
The following are regulated articles:
(a) The following berries, fruits, nuts, and vegetables.
Almond with husk (Prunus dulcis (P. amygdalus))
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Black Myrobalan (Terminalia cherbula)
Cherries (sweet and sour) (Prunus avium, P. cerasus)
Citrus citron (Citrus medica)
Date (Phoenix dactylifera)
Eggplant (Solanum melongena L.), other than commercially produced
eggplant
Fig (ficus carica)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava)
Japanese persimmon (Diospyros kaki)
Japanese plum (Prunus salicina)
Kiwi (Actinidia chinensis)
Kumquat (Fortunella japonica)
Lemon (Citrus limon) except smooth-skinned lemons harvested for packing
by commercial packing houses.
Lemon, Meyer (Citrus limon X reticulata)
[[Page 62]]
Lemon, Rough (Citrus jambhiri)
Lime, sweet (Citrus aurantiifolia)
Loquat (Eriobotrya japonica)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mock orange (Murraya exotica)
Mountain apple (Syzigium malaccense (Eugenia malaccensis))
Natal plum (Carissa macrocarpa)
Nectarine (Prunus persica var. nectarina)
Olive (Olea europea)
Opuntia cactus (Opuntia spp.)
Orange, calamondin (Citrus reticulata x. Fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Papaya (Carica papaya)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepper (Capsicum frutescens, C. annuum)
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sour orange (Citrus aurantium)
Spanish cherry (Brazilian plum) (Eugenia dombeyi (E. brasiliensis))
Strawberry guava (Psidium cattleianum)
Surinam cherry (Eugenia uniflora)
Tomato (pink and red ripe) (Lycopersicon esculentum)
Walnut with husk (Juglans spp.)
White sapote (Casimiroa edulis)
Yellow oleander (Bestill) (Thevetia peruviana)
Any berries, fruits, nuts, or vegetables that are canned or dried or
frozen below -17.8 deg.C. (0 deg.F.) are not regulated articles.
(b) Soil within the drip area of plants that are producing or have
produced the berries, fruits, nuts, or vegetables listed in paragraph
(a) of this section.
(c) Any other article, product, or means of conveyance, not covered
by paragraphs (a) or (b) of this section, that presents a risk of spread
of the Mediterranean fruit fly and an inspector notifies the person in
possession of it that the article, product, or means of conveyance is
subject to the restrictions of this subpart.
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994; 62
FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997]
Sec. 301.78-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator shall list as a quarantined area in paragraph (c) of
this section, each State, or each portion of a State, in which the
Mediterranean fruit fly has been found by an inspector, in which the
Administrator has reason to believe that the Mediterranean fruit fly is
present, or that the Administrator considers necessary to regulate
because of its inseparability for quarantine enforcement purposes from
localities in which the Mediterranean fruit fly has been found. Less
than an entire State will be designated as a quarantined area only if
the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles that are equivalent to
those imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than the entire State as a quarantined
area will prevent the interstate spread of the Mediterranean fruit fly.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area in a State as a quarantined area in accordance with
the criteria specified in paragraph (a) of this section for listing such
area. The Administrator will give a copy of this regulation along with a
written notice of this temporary designation to the owner or person in
possession of the nonquarantined area; thereafter, the interstate
movement of any regulated article from an area temporarily designated as
a quarantined area is subject to this subpart. As soon as practicable,
this area will be added to the list in paragraph (c) of this section or
the designation shall be terminated by the Administrator or an
inspector. The owner or person in possession of an area for which
designation is terminated will be given notice of the termination as
soon as practicable.
[[Page 63]]
(c) The areas described below are designated as quarantined areas:
California
Los Angeles County. That portion of Los Angeles County in the Walnut
Park and Huntington Park areas bounded by a line beginning at the
intersection of State Highway 60 and Interstate Highway 5; then
southeast along Interstate Highway 5 to Garfield Avenue; then southwest
along Garfield Avenue to Florence Avenue; then southeast along Florence
Avenue to Old River School Road; then southwest along Old River School
Road to Firestone Boulevard; then southeast along Firestone Boulevard to
Paramount Boulevard; then southwest along Paramount Boulevard to
Interstate Highway 105; then west along Interstate Highway 105 to
Interstate Highway 710; then southwest along Interstate Highway 710 to
Rosecrans Avenue; then west along Rosecrans Avenue to Interstate Highway
110; then north along Interstate Highway 110 to Interstate Highway 105;
then west along Interstate Highway 105 to Normandie Avenue; then north
along Normandie Avenue to Martin Luther King, Jr. Boulevard; then east
along Martin Luther King, Jr. Boulevard to Interstate Highway 110; then
north along Interstate Highway 110 to Adams Boulevard; then southeast
along Adams Boulevard to San Pedro Street; then northeast along San
Pedro Street to Interstate Highway 10; then east along Interstate
Highway 10 to State Highway 60; then east along State Highway 60 to the
point of beginning.
Florida
Hillsborough County. That portion of Hillsborough County beginning
at the intersection of I-75 and the Hillsborough/Pasco County line; then
west along the Hillsborough/Pasco County line to the section line
dividing sections 5 and 6, T. 27 S., R. 18 E.; then south along the
section line dividing sections 5 and 6, T. 27 S., R. 18 E. to Veterans
Expressway; then south along Veterans Expressway to Erhlich Road; then
west along Erhlich Road to Gunn Highway; then north along Gunn Highway
to Mobley Road; then west along Mobley Road to Racetrack Road; then
southwest along Racetrack Road to the Pinellas/Hillsborough County line;
then south along the Pinellas/Hillsborough County line to I-275; then
east along I-275 to the western most land mass at the eastern end of the
Howard Franklin Bridge; then along an imaginary line along the shoreline
of the Old Tampa Bay, Tampa Bay, and Hillsborough Bay (including the
Interbay Peninsula, Davis Island, Harbour Island, Hooker's Point, and
Port Sutton) to the northern shoreline of the Alafia River's extension;
then east along the northern shoreline of the Alafia River to I-75; then
north along I-75 to the point of beginning.
[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 61
FR 31004, June 19, 1996; 62 FR 33538, June 20, 1997; 62 FR 36977, July
10, 1997; 62 FR 43271, Aug. 13, 1997; 62 FR 47556, Sept. 10, 1997; 62 FR
53225, Oct. 14, 1997; 62 FR 54572, 54574, Oct. 21, 1997; 62 FR 61898,
Nov. 20, 1997]
Sec. 301.78-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Secs. 301.78-5 and 301.78-8 of this subpart;
(b) Without a certificate or limited permit, if:
(1) The regulated article is moving as air cargo or as a meal
intended for in-flight consumption, and is transiting Los Angeles
International Airport, California;
(2) The regulated article originated outside the quarantined area
and is either moved in an enclosed vehicle or is completely enclosed by
a covering adequate to prevent access by Mediterranean fruit flies (such
as canvas, plastic, or other closely woven cloth) while moving through
the quarantined area; and
(3) The point of origin of the regulated article is indicated on the
waybill.
(c) Without a certificate or limited permit, if: (1) The regulated
article originated outside any quarantined area and is moved through
(without stopping except for refueling, or for traffic conditions, such
as traffic lights or stop signs) the quarantined area in an enclosed
vehicle or is completely enclosed by a covering adequate to prevent
access by Mediterranean fruit flies (such as canvas, plastic, or other
closely woven cloth) while moving through the quarantined area; and
[[Page 64]]
(2) The point of origin of the regulated article is indicated on the
waybill, and the enclosed vehicle or the enclosure that contains the
regulated article is not opened, unpacked, or unloaded in the
quarantined area.
(d) Without a certificate or limited permit if the regulated article
is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Pursuant to a permit issued by the Administrator for the
regulated article;
(3) Under conditions specified on the permit and found by the
Administrator to be adequate to prevent the spread of Mediterranean
fruit fly; and
(4) With a tag or label bearing the number of the permit issued for
the regulated article attached to the outside of the container of the
regulated article or attached to the regulated article itself if not in
a container. (Approved by the Office of Management and Budget under
control number 0579-0088)
[56 FR 57576, Nov. 13, 1991, as amended at 57 FR 54169, Nov. 17, 1992]
Sec. 301.78-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate shall be issued by an inspector \3\ for the
interstate movement of a regulated article if the inspector determines
that:
---------------------------------------------------------------------------
\3\ Services of an inspector may be requested by contacting local
offices of Plant Protection and Quarantine, which are listed in
telephone directories. The addresses and telephone numbers of local
offices may also be obtained from the Animal and Plant Health Inspection
Service, Plant Protection and Quarantine, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(1)(i) The regulated article has been treated under the direction of
an inspector in accordance with Sec. 301.78-10 of this subpart; or
(ii) Based on inspection of the premises of origin, that the
premises are free from the Mediterranean fruit fly; or
(iii) Based on inspection of the regulated article, that it is free
of Mediterranean fruit fly; and
(2) The regulated article will be moved through the quarantined area
in an enclosed vehicle or is completely enclosed by a covering adequate
to prevent access by Mediterranean fruit fly; and
(3) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd),\4\ to
prevent the spread of the Mediterranean fruit fly; and
---------------------------------------------------------------------------
\4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested or infected by or contain plan pests.
---------------------------------------------------------------------------
(4) The regulated articles is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated articles.
(b) An inspector \5\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that--
---------------------------------------------------------------------------
\5\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------
(1) The regulated article is to be moved interstate to a specified
destination for specified handling, processing, or utilization (the
destination and other conditions to be listed in the limited permit),
and this interstate movement will not result in the spread of the
Mediterranean fruit fly because life stages of the Mediterranean fruit
fly will be destroyed by the specified handling, processing, or
utilization;
(2) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd), to prevent
the spread of the Mediterranean fruit fly; and
(3) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(c) Certificates and limited permits for use for interstate movement
of regulated articles may be issued by an inspector or person operating
under a
[[Page 65]]
compliance agreement. A person operating under a compliance agreement
may issue a certificate for the interstate movement of a regulated
article if an inspector has determined that the regulated article is
otherwise eligible for a certificate in accordance with paragraph (a) of
this section. A person operating under a compliance agreement may issue
a limited permit for interstate movement of a regulated article when an
inspector has determined that the regulated article is eligible for a
limited permit in accordance with paragraph (b) of this section.
(d) Any certificate or limited permit that has been issued may be
withdrawn by an inspector orally or in writing, if he or she determines
that the holder of the certificate or limited permit has not complied
with all conditions under this subpart for the use of the certificate or
limited permit. If the withdrawal is oral, the withdrawal and the
reasons for the withdrawal shall be confirmed in writing as promptly as
circumstances allow. Any person whose certificate or limited permit has
been withdrawn may appeal the decision in writing to the Administrator
within 10 days after receiving the written notification of the
withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the certificate or limited permit
was wrongfully withdrawn. As promptly as circumstances allow, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision. A hearing will be held to resolve any conflict
as to any material fact. Rules of practice concerning a hearing will be
adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088)
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.78-6 Compliance agreements and cancellation.
(a) Any person engaged in growing, handling, or moving regulated
articles may enter into a compliance agreement when an inspector
determines that the person understands this subpart.\6\
---------------------------------------------------------------------------
\6\ Compliance agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236, and from local offices of the Plant
Protection and Quarantine, which are listed in telephone directories.
---------------------------------------------------------------------------
(b) Any compliance agreement may be canceled orally or in writing by
an inspector whenever the inspector finds that the person who has
entered into the compliance agreement has failed to comply with this
subpart. If the cancellation is oral, the cancellation and the reasons
for the cancellation shall be confirmed in writing as promptly as
circumstances allow. Any person whose compliance agreement has been
canceled may appeal the decision, in writing, within 10 days after
receiving written notification of the cancellation. The appeal must
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully canceled. As promptly as
circumstances allow, the Administrator will grant or deny the appeal, in
writing, stating the reasons for the decision. A hearing will be held to
resolve any conflict as to any material fact. Rules of practice
concerning a hearing will be adopted by the Administrator.
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.78-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.78-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit must notify an inspector,\7\ as far in advance of the desired
interstate movement as possible (but no less than 48 hours before the
desired interstate movement).
---------------------------------------------------------------------------
\7\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------
(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
[[Page 66]]
Sec. 301.78-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, at all times during the interstate
movement, must be attached to the outside of the container containing
the regulated article, attached to the regulated article itself if not
in a container, or attached to the consignee's copy of the accompanying
waybill: Provided however, that the requirements of this section may be
met by attaching the certificate or limited permit to the consignee's
copy of the waybill only if the regulated article is sufficiently
described on the certificate or limited permit and on the waybill to
identify the regulated article.
(b) The certificate or limited permit for the interstate movement of
a regulated article must be furnished by the carrier to the consignee at
the destination of the regulated article.
(Approved by the Office of Management and Budget under control number
0579-0088)
Sec. 301.78-9 Costs and charges.
The services of the inspector during normal business hours (8 a.m.
to 4:30 p.m., Monday through Friday, except holidays) will be furnished
without cost. The user will be responsible for all costs and charges
arising from inspection and other services provided outside of normal
business hours.
Sec. 301.78-10 Treatments.
Treatment schedules listed in the Plant Protection and Quarantine
Treatment Manual to destroy Mediterranean fruit fly are authorized for
use on regulated articles. The Plant Protection and Quarantine Treatment
Manual is incorporated by reference. For the full identification of this
standard, see Sec. 300.1 of this chapter, ``Materials incorporated by
reference.'' The following treatments may be used for the regulated
articles indicated:
(a) Fruits and vegetables.
(1) Bell Pepper--(i) Vapor Heat. Heat by saturated water vapor at
44.4 deg.C. (112 deg.F.) until approximate center of bell pepper
reaches 44.4 deg.C. (112 deg.F.). Maintain at 44.4 deg.C. (112
deg.F.) for 8\3/4\ hours, then immediately cool.
(2) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal
atmospheric pressure with 32 g/m \3\ (2 lb/1000 ft \3\) for 3\1/2\ hours
at 21 deg.C. (70 deg.F.) or above.
(ii) Vapor heat. Heat by saturated water vapor at 44.4 deg.C. (112
deg.F.) until approximate center of tomato reaches 44.4 deg.C. (112
deg.F.). Maintain at 44.4 deg.C. (112 deg.F.) for 8\3/4\ hours, then
immediately cool.
Note.----Commodities should be tested by the shipper to determine
each commodity's tolerance to the treatment before commercial shipments
are attempted. The USDA is not liable for damages caused by this
quarantine.
(b) Regulated citrus fruit that has been harvested. (1) Fumigation
with methyl bromide at normal atmospheric pressure with 32 g/
m3 (2 pounds per 1000 cubic feet) for 3\1/2\ hours at 21
deg.C. (70 deg.F.) or above.
Note: Some varieties of fruit may be injured by methyl bromide
exposure. Shippers should test treat before making commercial shipments.
(2) Fumigation plus refrigeration: Fumigation with methyl bromide at
normal atmospheric pressure with 32 g/m3 (2 pounds per 1000
cubic feet) at 21 deg.C. (70 deg.F.) or above.
------------------------------------------------------------------------
Fumigation exposure time Refrigeration
------------------------------------------------------------------------
2 hours................................. 4 days at 0.55 to 0.7 deg.C.
(33 to 37 deg.F.); or 11
days at 3.33 to 8.3 deg.C.
(38 to 47 deg.F.).
2\1/2\ hours............................ 4 days at 1.11 to 4.44 deg.C.
(34 to 40 deg.F.); or 6 days
at 5.0 to 8.33 deg.C. (41 to
47 deg.F.); or 10 days at
8.88 to 13.33 deg.C. (48 to
56 deg.F.).
3 hours................................. 3 days at 6.11 to 8.33 deg.C.
(43 to 47 deg.F.); or 6 days
at 9.88 to 13.33 deg.C. (48
to 56 deg.F.).
------------------------------------------------------------------------
Note: Some varieties of fruit may be injured by methyl bromide
exposure. Shippers should test treat before making commercial shipments.
Time lapse between fumigation and start of cooling not to exceed 24
hours. Chamber load not to exceed 80 percent of volume.
(3) Cold treatment: 10 days at 0 deg.C. (32 deg.F.) or below; or
11 days at 0.55 deg.C. (33 deg.F.) or below; 12 days at 1.11 deg.C
(34 deg.F.) or below: 14 days at 1.66 deg.C. (35 deg.F.) or below; or
16 days at 2.22 deg.C. (36 deg.F.) or below.
(c) Approved irradiation treatment. Irradiation, carried out in
accordance
[[Page 67]]
with the provisions of this paragraph, is approved as a treatment for
any berry, fruit, nut, or vegetable listed as a regulated article in
Sec. 301.78-2(a) of this subpart.
(1) Approved facility. The irradiation treatment facility and
treatment protocol must be approved by the Animal and Plant Health
Inspection Service. In order to be approved, a facility must:
(i) Be capable of administering a minimum absorbed ionizing
radiation dose of 225 Gray (22.5 krad) to the fruits and vegetables;
8
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\8\ The maximum absorbed ionizing radiation dose and the irradiation
of food is regulated by the Food and Drug Administration under 21 CFR
part 179.
---------------------------------------------------------------------------
(ii) Be constructed so as to provide physically separate locations
for treated and untreated fruits and vegetables, except that fruits and
vegetables traveling by conveyor directly into the irradiation chamber
may pass through an area that would otherwise be separated. The
locations must be separated by a permanent physical barrier such as a
wall or chain link fence 6 or more feet high to prevent transfer of
cartons;
(iii) Complete a compliance agreement with the Animal and Plant
Health Inspection Service as provided in Sec. 301.78-6 of this subpart;
and
(iv) Be certified by Plant Protection and Quarantine for initial use
and annually for subsequent use. Recertification is required in the
event that an increase or decrease in radioisotope or a major
modification to equipment that affects the delivered dose.
Recertification may be required in cases where a significant variance in
dose delivery is indicated.
(2) Treatment monitoring. Treatment must be carried out under the
monitoring of an inspector. This monitoring must include inspection of
treatment records and unannounced inspection visits to the facility by
an inspector. Facilities that carry out continual irradiation operations
must notify an inspector at least 24 hours before the date of
operations. Facilities that carry out periodic irradiation operations
must notify an inspector of scheduled operations at least 24 hours
before scheduled operations.9
---------------------------------------------------------------------------
\9\ Inspectors are assigned to local offices of the Animal and Plant
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------
(3) Packaging. Fruits and vegetables that are treated within a
quarantined area must be packaged in the following manner:
(i) The cartons must have no openings that will allow the entry of
fruit flies and must be sealed with seals that will visually indicate if
the cartons have been opened. They may be constructed of any material
that prevents the entry of fruit flies and prevents oviposition by fruit
flies into the fruit in the carton.10
---------------------------------------------------------------------------
\10\ If there is a question as to the adequacy of a carton, send a
request for approval of the carton, together with a sample carton, to
the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Phytosanitary Issues Management Team, 4700 River Road Unit
140, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(ii) The pallet-load of cartons must be wrapped before it leaves the
irradiation facility in one of the following ways:
(A) With polyethylene sheet wrap;
(B) With net wrapping; or
(C) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(iii) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and location, and dates of packing
and treatment.
(4) Dosage. The fruits and vegetables must receive a minimum
absorbed ionizing radiation dose of 225 Gray (22.5 krad).11
---------------------------------------------------------------------------
\11\ See footnote 8.
---------------------------------------------------------------------------
(5) Dosimetry systems. (i) Dosimetry must demonstrate that the
absorbed dose, including areas of minimum and maximum dose, is mapped,
controlled, and recorded.
(ii) Absorbed dose must be measured using a dosimeter that can
accurately measure an absorbed dose of 225 Gray (22.5 krad).
(iii) The number and placement of dosimeters used must be in
accordance
[[Page 68]]
with American Society for Testing and Materials (ASTM)
standards.12
---------------------------------------------------------------------------
\12\ Designation E 1261, ``Standard Guide for Selection and
Calibration of Dosimetry Systems for Radiation Processing,'' American
Society for Testing and Materials, Annual Book of ASTM Standards.
---------------------------------------------------------------------------
(6) Records. Records or invoices for each treated lot must be made
available for inspection by an inspector during normal business hours (8
a.m. to 4:30 p.m., Monday through Friday, except holidays). An
irradiation processor must maintain records as specified in this section
for a period of time that exceeds the shelf life of the irradiated food
product by 1 year, and must make these records available for inspection
by an inspector. These records must include the lot identification,
scheduled process, evidence of compliance with the scheduled process,
ionizing energy source, source calibration, dosimetry, dose distribution
in the product, and the date of irradiation.
(7) Request for approval and inspection of facility. Persons
requesting approval of an irradiation treatment facility and treatment
protocol must submit the request for approval in writing to the Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565.
Before the Administrator determines whether an irradiation facility is
eligible for approval, an inspector will make a personal inspection of
the facility to determine whether it complies with the standards of
paragraph (c)(1) of this section.
(8) Denial and withdrawal of approval. (i) The Administrator will
withdraw the approval of any irradiation treatment facility when the
irradiation processor requests in writing the withdrawal of approval.
(ii) The Administrator will deny or withdraw approval of an
irradiation treatment facility when any provision of this section is not
met. Before withdrawing or denying approval, the Administrator will
inform the irradiation processor in writing of the reasons for the
proposed action and provide the irradiation processor with an
opportunity to respond. The Administrator will give the irradiation
processor an opportunity for a hearing regarding any dispute of a
material fact, in accordance with rules of practice that will be adopted
for the proceeding. However, the Administrator will suspend approval
pending final determination in the proceeding, if he or she determines
that suspension is necessary to prevent the spread of any dangerous
insect infestation. The suspension will be effective upon oral or
written notification, whichever is earlier, to the irradiation
processor. In the event of oral notification, written confirmation will
be given to the irradiation processor within 10 days of the oral
notification. The suspension will continue in effect pending completion
of the proceeding and any judicial review of the proceeding.
(9) Department not responsible for damage. This treatment is
approved to assure quarantine security against Mediterranean fruit fly.
From the literature available, the fruits and vegetables authorized for
treatment under this section are believed tolerant to the treatment;
however, the facility operator and shipper are responsible for
determination of tolerance. The Department of Agriculture and its
inspectors assume no responsibility for any loss or damage resulting
from any treatment prescribed or supervised. Additionally, the Nuclear
Regulatory Commission is responsible for ensuring that irradiation
facilities are constructed and operated in a safe manner. Further, the
Food and Drug Administration is responsible for ensuring that irradiated
foods are safe and wholesome for human consumption.
(d) Premises. A field, grove, or area that is located within the
quarantined area but outside the infested core area, and that produces
regulated articles, must receive regular treatments with malathion bait
spray. These treatments must take place at 6 to 10-day intervals,
starting a sufficient time before harvest (but not less than 30 days
before harvest) to allow for completion of egg and larvae development of
the Mediterranean fruit fly. Determination of the time period must be
based on day degrees. Once treatment has begun, it must continue through
the harvest period. The malathion bait spray treatment must be applied
at a rate of 1.2 fluid ounces of technical
[[Page 69]]
grade malathion (1.4 ounces by weight) and 10.8 fluid ounces of protein
hydrolysate (13.2 ounces by weight) per acre, for a total of 12 fluid
ounces per acre.
(e) Soil. Soil within the drip area of plants that are producing or
have produced the berries, fruits, nuts, and vegetables listed in
Sec. 301.78-2(a) of this subpart: Apply diazinon at the rate of 5 pounds
actual ingredient per acre to the soil within the drip area with
sufficient water to wet the soil to a depth of at least \1/2\ inch. Both
immersion and pour-on treatment procedures are also acceptable.
(Approved by the Office of Management and Budget under control number
0579-0088)
[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 58
FR 63031, Nov. 30, 1993; 59 FR 25791, May 18, 1994; 60 FR 52834, Oct.
11, 1995; 62 FR 47557, Sept. 10, 1997]
Subpart--Witchweed
Quarantine and Regulations
Sec. 301.80 Quarantine; restriction on interstate movement of specified regulated articles.
(a) Notice of quarantine. Pursuant to the provisions of sections 8
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and
section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150ee),
the Secretary of Agriculture heretofore determined, after public
hearing, that it was necessary to quarantine the States of North
Carolina and South Carolina, in order to prevent the spread of witchweed
(Striga spp.), a parasitic plant which causes a dangerous disease of
corn, sorghum, and other crops of the grass family, not theretofore
widely prevalent or distributed within and throughout the United States,
and accordingly quarantined said States. Under the authority of said
provisions, the Secretary hereby continues such quarantine in effect
with respect to the interstate movement from the quarantined States of
the articles described in paragraph (b) of this section, issues the
regulations in this subpart governing such movement, and gives notice of
said quarantine and regulations.
(b) Quarantine restrictions on interstate movement of specified
regulated articles. No common carrier or other person shall move
interstate from any quarantined State any of the following articles
(defined in Sec. 301.80-1(p) as regulated articles), except in
accordance with the conditions prescribed in this subpart:
(1) Soil, compost, peat, humus, muck, and decomposed manure,
separately or with other things; sand; and gravel.
(2) Plants with roots.
(3) Grass sod.
(4) Plant crowns and roots for propagation.
(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
(6) Root crops, except those from which all soil has been removed.
(7) Peanuts in shells and peanut shells, except boiled or roasted
peanuts.
(8) Small grains and soybeans.
(9) Hay, straw, fodder, and plant litter of any kind.
(10) Seed cotton and gin trash.
(11) Stumpwood.
(12) Long green cucumbers, cantaloupes, peppers, squash, tomatoes,
and watermelons, except those from which all soil has been removed.
(13) Pickling cucumbers, string beans, and field peas.
(14) Cabbage, except firm heads with loose outer leaves removed.
(15) Leaf tobacco, except flue-cured leaf tobacco.
(16) Ear corn, except shucked ear corn.
(17) Sorghum.
(18) Used crates, boxes, burlap bags, and cotton-picking sacks, and
other used farm products containers.
(19) Used farm tools.
(20) Used mechanized cultivating equipment and used harvesting
equipment.
(21) Used mechanized soil-moving equipment.
(22) Any other products, articles, or means of conveyance, of any
character whatsoever, not covered by paragraphs (b) (1) through (20) of
this section, when it is determined by an inspector that they present a
hazard of spread of witchweed, and the person in possession thereof has
been so notified.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27372, July 2, 1976; 58 FR 216, Jan. 5, 1993]
[[Page 70]]
Sec. 301.80-1 Definitions.
Terms used in the singular form in this subpart shall be deemed to
import the plural, and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
(a) Certificate. A document issued or authorized to be issued under
this subpart by an inspector to allow the interstate movement of
regulated articles to any destination.
(b) Compliance agreement. A written agreement between a person
engaged in growing, handling, or moving regulated articles, and the
Plant Protection and Quarantine Programs, wherein the former agrees to
comply with the requirements of this subpart identified in the agreement
by the inspector who executes the agreement on behalf of the Plant
Protection and Quarantine Programs as applicable to the operations of
such person.
(c) Deputy Administrator. The Deputy Administrator of the Plant
Protection and Quarantine Programs, Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or any other officer or
employee of said Service to whom authority to act in his stead has been
or may hereafter be delegated.
(d) Farm tools. An instrument worked or used by hand, e.g., hoes,
rakes, shovels, axes, hammers, and saws.
(e) Generally infested area. Any part of a regulated area not
designated as a suppressive area in accordance with Sec. 301.80-2.
(f) Infestation. The presence of witchweed or the existence of
circumstances that make it reasonable to believe that witchweed is
present.
(g) Inspector. Any employee of the Plant Protection and Quarantine
Programs, Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, or other person, authorized by the Deputy Administrator to
enforce the provisions of the quarantine and regulations in this
subpart.
(h) Interstate. From any State into or through any other State.
(i) Limited permit. A document issued or authorized to be issued by
an inspector to allow the interstate movement of noncertifiable
regulated articles to a specified destination for limited handling,
utilization, or processing, or for treatment.
(j) Mechanized cultivating equipment; and mechanized harvesting
equipment. Mechanized equipment used for soil tillage, including tillage
attachments for farm tractors, e.g., tractors, disks, plows, harrows,
planters, and subsoilers; mechanized equipment used for harvesting
purposes, e.g., mechanical cotton harvesters, hay balers, corn pickers,
and combines.
(k) Mechanized soil-moving equipment. Mechanized equipment used to
move or transport soil, e.g., draglines, bulldozers, road scrapers, and
dumptrucks.
(l) Moved (movement, move). Shipped, offered for shipment to a
common carrier, received for transportation or transported by a common
carrier, or carried, transported, moved or allowed to be moved by any
means. ``Movement'' and ``move'' shall be construed accordingly.
(m) Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
(n) Plant Protection and Quarantine Programs. The organizational
unit within the Animal and Plant Health Inspection Service delegated
responsibility for enforcing provisions of the Plant Quarantine Act and
Federal Plant Pest Act, and quarantines and regulations promulgated
thereunder.
(o) Regulated area. Any quarantined State, or any portion thereof,
designated as a regulated area in Sec. 301.80-2a or otherwise designated
as a regulated area in accordance with Sec. 301.80-2(b).
(p) Regulated articles. Any articles described in Sec. 301.80(b).
(q) Restricted destination permit. A document issued or authorized
to be issued by an inspector to allow the interstate movement of
regulated articles not certifiable under all applicable Federal domestic
plant quarantines to a specified destination for other than scientific
purposes.
(r) Scientific permit. A document issued by the Deputy Administrator
to allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
(s) Soil. That part of the upper layer of earth in which plants can
grow.
[[Page 71]]
(t) State. Any State, territory, or district of the United States,
including Puerto Rico.
(u) Suppressive area. That portion of a regulated area where
eradication of infestation is undertaken as an objective, as designated
by the Deputy Administrator under Sec. 301.80-2(a).
(v) Treatment Manual. The provisions currently contained in the
``Manual of Administratively Authorized Procedures to be Used Under the
Witchweed Quarantine'' and the ``Fumigation Procedures Manual'' and any
amendments thereto. 1
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1 Pamphlets containing such provisions are available upon
request to the Deputy Administrator, Plant Protection and Quarantine
Programs, Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, Washington, DC 20250, or from an inspector.
---------------------------------------------------------------------------
(w) Witchweed. Parasitic plants of the genus Striga and reproductive
parts thereof, including seeds.
[41 FR 27372, July 2, 1976]
Sec. 301.80-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles
from certification, permit, or other requirements.
(a) Regulated areas and suppressive or generally infested areas. The
Deputy Administrator shall designate as regulated areas, in a
supplemental regulation designated as Sec. 301.80-2a, each quarantined
State, or each portion thereof in which witchweed has been found or in
which there is reason to believe that witchweed is present or which it
is deemed necessary to regulate because of its proximity to infestation
or its inseparability for quarantine enforcement purposes from infested
localities. The Deputy Administrator, in the supplemental regulation,
may designate any regulated area or portion thereof, as a suppressive
area or a generally infested area in accordance with the definitions
thereof in Sec. 301.80-1. Less than an entire quarantined State will be
designated as a regulated area only if the Deputy Administrator is of
the opinion that:
(1) The State has adopted and is enforcing a quarantine or
regulation which imposes restrictions on the intrastate movement of the
regulated articles which are substantially the same as those which are
imposed with respect to the interstate movement of such articles under
this subpart; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the interstate spread of
witchweed.
(b) Temporary designation of regulated areas and suppressive or
generally infested areas. The Deputy Administrator or an authorized
inspector may temporarily designate any other premises in a quarantined
State as a regulated area and may designate the regulated area or
portions thereof as a suppressive or generally infested area, in
accordance with the criteria specified in paragraph (a) of this section
for designating such area, by serving written notice thereof on the
owner or person in possession of such premises, and thereafter the
interstate movement of regulated articles from such premises by any
person having notice of the designation shall be subject to the
applicable provisions of this subpart. As soon as practicable, such
premises shall be added to the list in Sec. 301.80-2a if a basis then
exists for their designation.
(c) Termination of designation as a regulated area and a suppressive
or generally infested area. The Deputy Administrator shall terminate the
designation provided for under paragraph (a) of this section of any area
designated as a regulated area or a suppressive or a generally infested
area when he determines that such designation is no longer required
under the criteria specified in paragraph (a) of this section. The
Deputy Administrator or an inspector shall terminate the designation
provided for under paragraph (b) of this section of any premises
designated as a regulated area or a suppressive or a generally infested
area when he determines that such designation is no longer required
under the criteria specified in paragraph (a) of this section, and
notice thereof shall be given to the owner or person in possession of
the premises.
(d) Exemption of articles from certification, permit, or other
requirements. The Deputy Administrator may, in a supplemental regulation
designated as Sec. 301.80-2b, list regulated articles or
[[Page 72]]
movements of regulated articles which shall be exempt from the
certification, permit, or other requirements of this subpart under such
conditions as he may prescribe, if he finds that facts exist as to the
pest risk involved in the movement of such regulated articles which make
it safe to so relieve such requirements.
[41 FR 27372, July 2, 1976]
Sec. 301.80-2a Regulated areas; generally infested and suppressive areas.
The civil divisions and parts of civil divisions described below are
designated as witchweed regulated areas within the meaning of this
subpart.
North Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Bladen County. The entire county.
Columbus County. The part of the county lying north and west of a
line that begins at a point where State Highway 410 intersects the
Bladen-Columbus County line, then south along this road to its junction
with U.S. Highway 76, then west along U.S. Highway 76 to its junction
with State Secondary Road 1356, then south along this road to its
junction with the North Carolina-South Carolina border, where the line
ends.
Craven County. The Chapman, Idel M., farm located .3 mile off west
side of State Secondary Road 1459 and 0.1 mile north of its junction
with State Secondary Road 1463.
The Morris, Gerald K., farm located on the north side of State
Secondary Road 1444 and 1.4 miles northwest of its junction with State
Secondary Road 1447.
The Nobles, Jr., Jack, farm located on the west side of State
Secondary Road 1262 and located 0.7 mile south of the intersection of
State Secondary Road 1258 and State Secondary Road 1262.
Cumberland County. That area bounded by a line beginning at a point
where U.S. Highway 401 intersects the Cumberland-Hoke County line, then
east along this highway to its intersection with the Fayetteville city
limits, then south, east, and northeast along these city limits to its
junction with U.S. Highway 301 north, then northeast along this highway
to its junction with U.S. Interstate 95, then northeast along this
interstate to its junction with U.S. Highway 13, then east and northeast
along this highway to its intersection with the Cumberland-Sampson
County line, then southerly along this county line to its junction with
the Bladen-Cumberland County line, then westerly along this county line
to its junction with the Cumberland-Robeson County line, then
northwesterly along this county line to its junction with the
Cumberland-Hoke County line, then northwesterly along this county line
to the point of beginning.
The Barefoot, Bobby, farm located on the south side of State
Secondary Road 1708 and its western junction with State Secondary road
1609.
The Contrell, C.T., farm located on the west side of State Secondary
Road 1400 as its junction with State Secondary Road 1401.
The Lee, Jack, farm located on the west side of State Secondary Road
1716 and 0.1 mile north of its intersection with State Secondary Road
1717.
The Lovick, Eugene, farm located on the north side of State
Secondary Road 1732 and 0.9 mile west of its junction with U.S. Highway
301.
The Matthews, Isiah, farm located on a private road off the east
side of U.S. Highway 301 and 0.1 mile north of its junction with State
Secondary Road 1722.
The McLaurin, Elwood, farm located on the west side of U.S. Highway
301 and 0.2 mile north of its junction with State Secondary Road 1828.
The McLaurin, George, farm located on the north side of State
Secondary Road 1722 and 0.4 mile west of its junction with U.S. Highway
301.
The Underwood, Olive T., farm located on the east side of State
Secondary Road 1723 and 0.8 mile south of its junction with State
Secondary Road 1722.
Duplin County. The Grand, Pietro, farm located 0.2 mile southwest of
end of State Secondary Road 1981.
The Lewis, Merle S., farm located on both sides of State Secondary
Road 1508 and .25 miles east of its intersection with State Secondary
Road 1004.
The Mathis, Sudie, farm located on the southwest side of State
Secondary Road 1128 and 0.1 mile south of the Duplin-Sampson County
line.
Greene County. The Alexander, Jenny, farm located on the west side
of State Secondary Road 1419 and 0.3 mile south of its intersection with
North Carolina Highway 903.
The Applewhite, Claudia, farm located on the west side of State
Secondary Road 1419 and .2 mile south of its junction with North
Carolina Highway 903.
The Dixon, Sudie, farm located on the west side of State Secondary
Road 1004 and 0.2 mile south of its junction with State Secondary Road
1405.
The Dunn, Theodore, S., farm located on the east side of State
Secondary Road 1413 and in the northeast junction with this road and
State Secondary Road 1417.
The Lane, Sylvester, farm located 3.8 miles east of Snow Hill, on
both sides of State Secondary Road 1400 and 2.8 miles southeast of its
junction with U.S. Highway 13.
The Lane, Wilbert, farm located on the east side of State Secondary
Road 1419 and
[[Page 73]]
0.3 mile northeast of its junction with State Secondary Road 1418.
The Strong, Eriver, farm located on the east side of State Secondary
Road 1419 and 1.1 miles north of its junction with State Secondary Road
1418.
The Warren, Francis, farm located on the west side of State
Secondary Road 1418 and 0.3 mile north of its junction with State
Secondary Road 1419.
The Whitaker, J.H., farm located on the east side of State Secondary
Road 1004 at its junction with State Secondary Road 1405 and 0.6 mile
south of its junction with North Carolina Highway 102.
The Williams, Minnie farm located on the north side of State
Secondary Road 1417 and 0.8 mile east of its junction with State
Secondary Road 1413.
The Wood, Nina, farm located on the southwest side of the
intersection of State Secondary Roads 1400 and 1418.
Lenoir County. The Dawson, Wayne, farm located on the east side of
State Secondary Road 1318 and 0.25 mile north of its intersection with
State Secondary Road 1316.
The Howell, Gregor, farm located on the northeast side of the
intersection of State Secondary Roads 1310 and 1318.
The Pelletier, Roger, farm located on the northeast side of State
Secondary Road 1316 and 0.3 mile northwest of its intersection with
State Secondary Road 1318.
The Sutton, Nancy, farm located on the south side of State Secondary
Road 1330 and 0.5 mile east of its intersection with State Secondary
Road 1331.
The Waters, Thomas, Estate farm located on both sides of State
Secondary Road 1318 and 0.3 mile north of its intersection with State
Secondary Road 1317.
Pender County. The Barnhill, Frank, farm located on the south side
of State Highway 210 and 0.1 mile of the junction of this highway and
State Secondary Road 1130.
The Corbett Farming Co. farm located on a field road 1.7 miles east
of U.S. Highway 117 and 0.3 mile south of its intersection with State
Secondary Road 1411.
The Kea, Leo, farm located 0.3 mile east of State Secondary Road
1105 and 1.2 miles south of its intersection with State Secondary Road
1104.
The Kea, Nora, farm located 0.1 mile west of the west end of State
Secondary Road 1108.
The Keith, F.R., farm located on both sides of State Secondary Road
1130 and 0.7 mile west of the junction of this road and State Highway
210.
The McCallister, Mary, farm located 0.2 mile east of State Secondary
Road 1105 and 1.1 miles south of its intersection with State Secondary
Road 1104.
The Manuel, George, farm located 0.1 mile south of State Highway 210
and 0.2 mile west of its junction with State Secondary Road 1103.
The Nixon, Rosa, farm located on both sides of State Highway 210 and
on the west side of State Secondary Road 1599.
The Squires, Nelson, farm located 0.4 mile south of the junction of
State Secondary Road 1211 and State Secondary Road 1212 on the west side
of 1211.
The Squires, Nelson, farm located on the south side of State
Secondary Road 1103 and 1.5 miles south, southeast of the junction of
this road with State Secondary Road 1104.
The Thompson, Dick, farm located on the south side of State
Secondary Road 1108 and 0.5 mile northwest of its intersection with
State Secondary Road 1107.
The Williams, Sidney, farm located on a field road 0.2 mile north of
State Secondary Road 1102 and 1.0 mile northwest of its intersection
with North Carolina Highway 210.
The Zibelin, John R., farm located 0.5 mile east of State Secondary
Road 1105 and 1.2 miles south of its intersection with State Secondary
Road 1104.
Pitt County. The Cannon, Bruce, farm located on the west side of
State Secondary Road 1918 and 0.3 mile north of its junction with State
Secondary Road 1917.
The Cannon, James, farm located 5.4 miles northeast of Grifton on
the west side of State Secondary Road 1918 and 0.1 mile north of its
junction with State Secondary Road 1917.
The Couch, Ruth, farm located on the east side of State Secondary
Road 1918 and 0.3 mile north of its junction with State Secondary Road
1917.
The Garris, Bruce, farm located 0.1 mile south of the intersection
of State Secondary Road 1916 and State Highway 118 and 0.2 mile east of
the intersection of State Secondary Road 118 with a field road.
The Nobles, Barbara, farm located on the west side of State
Secondary Road 1918 and 0.1 mile south of its junction with State
Secondary Road 1919.
Robeson County. The entire county.
Sampson County. That area bounded by a line beginning at a point
where State Secondary Road 1927 intersects the Sampson-Duplin County
line, then southerly and easterly along this county line to its junction
with the Sampson-Pender County line, then southwesterly along this
county line to its junction with the Sampson-Bladen County line, then
northwesterly along this county line to its junction with the Sampson-
Cumberland County line, then northwesterly, north, and northeast along
this county line to its junction with the Sampson-Harnett County line,
then easterly along this county line to its junction with the Sampson-
Johnston County line, then southeast along this county line to its
intersection with North Carolina Highway 242, then south along this
highway to its junction with U.S. Highway
[[Page 74]]
421, then southeast along this highway to its intersection with U.S.
Highway 701, then north along this highway to its junction with North
Carolina Highway 403, then east along this highway to its junction with
State Secondary Road 1919, then east along this highway to its
intersection with State Secondary Road 1909, then southeast along this
road to its intersection with State Secondary Road 1004, then southeast
along this road to its junction with State Secondary Road 1911, then
southeasterly along this road to its junction with State Secondary Road
1927, then southerly along this road to the point of beginning.
The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road
1736 and 1 mile south of its intersection with State Secondary Road
1731.
The Pate, Ray, farm located on the west side of State Secondary Road
1738 and 0.6 mile southeast of its intersection with State Secondary
Road 1940.
The Strickland, Edgebert, farm located on the north side of State
Highway 421 and 1 mile east of its intersection with State Secondary
Road 1703.
Wayne County. The Greenfield, William, No. 1, farm located 4 miles
west of the Seven Springs on State Secondary Road 1744, 0.2 mile west of
the junction of this road and State Secondary Road 1913.
The Dunn, Dale, farm located on the west side of State Secondary
Road 1009 and 0.6 mile north of its intersection with State Secondary
Road 1101.
The McClenny, George A., No. 1, farm located on the south side of
State Secondary Road 1007 and 0.1 mile west of its junction with North
Carolina Highway 581.
South Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Dillon County. That area bounded by a line beginning at a point
where State Secondary Highway 22 intersects the South Carolina-North
Carolina state line and extending south along said highway 22 to its
junction with State Secondary Highway 45, then southwest along said
Highway 45 to its intersection with the Little Pee Dee River, then
northerly along said river to its intersection with Interstate 95, then
southwest along said I-95 to its intersection with Reedy Creek, then
northwest along Reedy Creek to its intersection with the Dillon-Marlboro
County line, then northeast along said county line to its junction with
the South Carolina-North Carolina state line, then southeast along said
state line to the point of beginning.
The Elvington, Clifton, Estate located on both sides of a dirt road
and 0.5 mile west of the junction of the dirt road and State Primary
Highway 41, this junction being 0.4 mile south of the junction of
highway 41 and State Secondary Highway 34.
The Elvington, William, farm located on both sides of a dirt road
and 0.2 mile northeast of the junction of the dirt road and State
Secondary Highway 74, this junction being 1.7 miles south of the
junction of highway 74 and State Primary Highway 41.
The Wise, Wilbur, farm located on the south side of a field road and
0.15 mile southeast of the junction of the road with State Secondary
Road 626 and 0.55 mile southwest of the intersection of State Secondary
Road 625 with State Highway 38.
Horry County. That area bounded by a line beginning at a point where
U.S. Highway 76 intersects the South Carolina-North Carolina State line,
then south along highway 76 to its junction with State Secondary Highway
44, then south along highway 44 to its junction with State Secondary
Highway 19, then south along highway 19 to its junction with Honey Camp
Branch, then southwest along Honey Camp Branch to its junction with Lake
Swamp, then east along Lake Swamp to its junction with Prince Mill
Swamp, then south along Prince Mill Swamp to its junction with State
Secondary Highway 309, then southwest along highway 309 to its junction
with State Secondary Highway 45, then southwest along highway 45 to its
junction with State Secondary Highway 129, then northwest along highway
129 to its junction with U.S. Highway 501, then northwest along highway
501 to its junction with the Little Pee Dee River, then northeast along
the Little Pee Dee River to its junction with the Lumber River, then
northeast along Lumber River to its junction with the South Carolina-
North Carolina State line, then southeast along the State line to the
point of beginning.
That area bounded by a line beginning at the junction of U.S.
Highway 19, State Primary Highway 91, and State Primary Highway 90, then
east along highway 90 to its junction with State Secondary Highway 1029,
then south along highway 1029 to its junction with a dirt road known as
the Telephone Road, then extending northwest along a line to the
beginning of the south branch of Jones Big Swamp, then northerly along
Jones Big Swamp to its junction with State Primary Highway 90, then east
along highway 90 to the south branch of Mills Swamp.
The Allsbrook, J.R., farm located on the south side of a dirt road
and 0.2 mile east of the junction of the dirt road with State Secondary
Highway 19, this junction being 1.1 miles south of the junction of
highway 19 and State Secondary Highway 139.
The Chestnut, J.B., farm located on the east side of a dirt road and
0.8 mile east of its junction with a second dirt road, this junction
being 0.5 mile south of the junction of the second dirt road with State
Primary Highway 90, this junction being 0.8 mile
[[Page 75]]
south of the junction of highway 90 with State Secondary Highway 31.
The Cooper, Thomas B., farm located northeast of a dirt road and
0.75 mile northwest of the junction of this dirt road with rural paved
road No. 109, this junction being 2.25 miles northeast of the junction
of road 109 with rural paved road No. 79.
The Cox, Nancy T., farm located on the northwest corner of the
junction of two dirt road, this junction being 0.8 mile northeast of the
junction of State Secondary Road 105 and State Secondary Road 377. One
of the dirt roads is an extension of State Secondary Road 105.
The Edge, Nina L., farm located on the south side of a dirt road 0.7
mile east of its junction with a second dirt road, this junction being
0.5 mile south of the junction of the second dirt road with State
Primary Highway 90, this junction being 0.8 mile south of the junction
of highway 90 with State Secondary Highway 31.
The Graham, Mammie, farm located on the east side of a dirt road and
0.2 mile south of the junction of the dirt road with State Secondary
Highway 309, this junction being 1.5 miles west of the junction of
highway 309 and State Secondary Highway 19.
The Harden, John, farm located on the northwest side of a dirt road
and 0.4 mile northeast of the junction of this dirt road with the
junction of State Secondary Roads 105 and 377.
The Livingston, W.S., farm located on the south side of a dirt road
and 0.6 mile east of its junction with a second dirt road, this junction
being 0.5 mile south of the junction of the second dirt road and State
Primary Highway 90, this junction being 0.8 mile south of the junction
of highway 90 and State Secondary Highway 31.
The Martin, Daniele E., farm located on the east side of State
Primary Highway 90 and 0.9 mile northeast of the junction of highway 90
with State Secondary Highway 377.
The Stevens, James, farm located on the south side of a dirt road
and 0.3 mile northeast of its junction with State Secondary Highway 112,
this junction being 1.2 miles east of the junction of highway 112 with
State Secondary Highway 139.
The Thomas, Fred, farm located on the west side of a dirt road and
0.1 mile northwest of the junction of the dirt road with State Primary
Highway 90, this junction being 3.2 miles south of the junction of
highway 90 and State Secondary Highway 31.
The Thomas, Hubert, farm located on the west side of a dirt road and
0.3 mile northwest of the junction of the dirt road with State Primary
Highway 90, this junction being 3.2 miles south of the junction of
highway 90 and State Secondary Highway 31.
The Thomas, J.R., farm located on the west side of a dirt road and
0.2 mile northwest of the junction of the dirt road with State Primary
Highway 90, that junction being 3.2 miles south of the junction of
highway 90 and State Secondary Highway 31.
The Warren, Kevin, farm located on the west side of a dirt road and
0.2 mile north of its junction with State Primary Highway 90, this
junction being 0.5 mile east of the junction of highway 90 with State
Secondary Highway 377.
Marion County. The entire county.
[56 FR 29890, July 1, 1991; 56 FR 37606, Aug. 7, 1991; 56 FR 41890, Aug.
23, 1991; 58 FR 217, Jan. 5, 1993; 58 FR 11099, Feb. 23, 1993; 58 FR
51980, Oct. 6, 1993; 60 FR 39836, Aug. 4, 1995]
Sec. 301.80-2b Exempted articles. \1\
---------------------------------------------------------------------------
\1\ The articles hereby exempted remain subject to applicable
restrictions under other quarantines.
---------------------------------------------------------------------------
(a) The following articles are exempt from the certification and
permit and other requirements of this subpart if they meet the
applicable conditions prescribed in paragraphs (a) (1) through (5) of
this section and have not been exposed to infestation after cleaning or
other handling as prescribed in said paragraph:
(1) Small grains, if harvested in bulk or into new or treated
containers, and if the grains and containers for the grains have not
come in contact with the soil or if they have been cleaned at a designed
facility. 2
---------------------------------------------------------------------------
2 Information as to designated facilities, gins, oil mills,
and processing plants may be obtained from an inspector. Any facility,
gin, oil mill, or processing plant is eligible for designation under
this subpart if the operator thereof enters into a compliance agreement
(as defined in Sec. 301.80-1(b)).
---------------------------------------------------------------------------
(2) Soybeans, when determined by an inspector that the soybeans were
grown, harvested, and handled in a manner to prevent contamination from
witchweed seed.
(3) Pickling cucumbers, string beans, and field peas, if washed free
of soil with running water.
(4) Used farm tools, if cleaned free of soil.
(5) Used mechanized cultivating equipment and used mechanized soil-
moving equipment, if cleaned free of soil.
[[Page 76]]
(b) The following article is exempt from the certification and
permit requirements of Sec. 301.80-4 under the applicable conditions as
prescribed in paragraph (b)(1) of this section:
(1) Seed cotton, if moving to a designated gin. 2
[42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1,
1988]
Sec. 301.80-3 Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
(a) Any regulated articles, except soil samples for processing,
testing, or analysis, may be moved interstate from any quarantined State
under the following conditions:
(1) With certificate or permit issued and attached in accordance
with Secs. 301.80-4 and 301.80-7, if moved:
(i) From any generally infested area or any suppressive area into or
through any point outside of the regulated areas; or
(ii) From any generally infested area into or through any
suppressive area; or
(iii) Between any noncontiguous suppressive areas; or
(iv) Between contiguous suppressive areas when it is determined by
an inspector that the regulated articles present a hazard of the spread
of the witchweed and the person in possession thereof has been so
notified; or
(v) Through or reshipped from any regulated area when such movement
is not authorized under paragraph (a)(2)(v) of this section; or
(2) Without certificate or permit if moved:
(i) From any regulated area under the provisions of Sec. 301.80-2b
which exempts certain articles from certificate and permit requirements;
or
(ii) From a generally infested area to a contiguous generally
infested area; or
(iii) From a suppressive area to a contiguous generally infested
area; or
(iv) Between contiguous suppressive areas unless the person in
possession of the articles has been notified by an inspector that a
hazard of spread of the witchweed exists; or
(v) Through or reshipped from any regulated area if the articles
originated outside of any regulated area and if the point of origin of
the articles is clearly indicated, their identity has been maintained,
and they have been safeguarded against infestation while in the
regulated area in a manner satisfactory to the inspector; or
(3) From any area outside the regulated areas, if moved:
(i) With a certificate or permit attached; or
(ii) Without a certificate or permit, if:
(A) The regulated articles are exempt from certification and permit
requirements under the provisions of Sec. 301.80-2b; or
(B) The point of origin of such movement is clearly indicated on the
articles or shipping document which accompanies the articles and if the
movement is not made through any regulated area.
(b) Unless specifically authorized by the Deputy Administrator in
emergency situations, soil samples for processing, testing, or analysis
may be moved interstate from any regulated area only to laboratories
approved \4\ by the Deputy Administrator and so listed by him in a
supplemental regulation. \5\ A certificate or permit will not be
required to be attached to such soil samples except in those emergency
situations where the Deputy Administrator has authorized such movement
to another destination with a certificate or permit issued and attached
in accordance with Secs. 301.80-4(d) and 301.80-7. Soil samples
originating in areas outside of the regulated areas will not require
such a certificate or permit and their movement is not restricted to
approved laboratories if the point of origin of such samples is clearly
indicated on the articles or shipping document which accompanies the
articles and if
[[Page 77]]
the movement is not made through any regulated area.
---------------------------------------------------------------------------
\4\ Pamphlets containing provisions for laboratory approval may be
obtained from the Deputy Administrator, Plant Protection and Quarantine
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
\5\ For list of approved laboratories, see (41 FR 4615 and
amendments thereof).
---------------------------------------------------------------------------
[41 FR 27373, July 2, 1976]
Sec. 301.80-4 Issuance and cancellation of certificates and permits.
(a) Certificates may be issued for any regulated articles (except
soil samples for processing, testing, or analysis) by an inspector if he
determines that they are eligible for certification for movement to any
destination under all Federal domestic plant quarantines applicable to
such articles and:
(1) Have originated in noninfested premises in a regulated area and
have not been exposed to infestation while within the regulated areas;
or
(2) Have been treated to destroy infestation in accordance with the
treatment manual; or
(3) Have been grown, produced, manufactured, stored, or handled in
such a manner that no infestation would be transmitted thereby.
(b) Limited permits may be issued by an inspector to allow
interstate movement of regulated articles (except soil samples for
processing, testing, or analysis) not eligible for certification under
this subpart, to specified destinations for limited handling,
utilization, or processing, or for treatment in accordance with the
treatment manual, when upon evaluation of the circumstances involved in
each specific case he determines that such movement will not result in
the spread of witchweed and requirements of other applicable Federal
domestic plant quarantines have been met.
(c) Restricted destination permits may be issued by an inspector to
allow the interstate movement (for other than scientific purposes) of
regulated articles (except soil samples for processing, testing, or
analysis) to any destination permitted under all applicable Federal
domestic plant quarantines if such articles are not eligible for
certification under all such quarantines but would otherwise qualify for
certification under this subpart.
(d) Scientific permits to allow the interstate movement of regulated
articles, and certificates or permits to allow the movement of soil
samples for processing, testing, or analysis in emergency situations,
may be issued by the Deputy Administrator under such conditions as may
be prescribed in each specific case by the Deputy Administrator to
prevent the spread of witchweed.
(e) Certificate, limited permit, and restricted destination permit
forms may be issued by an inspector to any person for use by the latter
for subsequent shipments of regulated articles (except soil samples for
processing, testing, or analysis) provided such person is operating
under a compliance agreement; and any such person may be authorized by
an inspector to reproduce such forms on shipping containers or
otherwise. Any such person may execute and issue the certificate forms,
or reproductions of such forms, for the interstate movement of regulated
articles from the premises of such person identified in the compliance
agreement if such person has treated such regulated articles to destroy
infestation in accordance with the treatment manual, and if such
regulated articles are eligible for certification for movement to any
destination under all Federal domestic plant quarantines applicable to
such articles. Any such person may execute and issue the limited permit
forms, or reproductions of such forms, for interstate movement of
regulated articles to specified destinations when the inspector has made
the determinations specified in paragraph (b) of this section. Any such
person may execute and issue the restricted destination permit forms, or
reproductions of such forms, for the interstate movement of regulated
articles not eligible for certification under all Federal domestic plant
quarantines applicable to such articles, under the conditions specified
in paragraph (c) of this section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector or the Deputy Administrator if he
determines that the holder thereof has not complied with any condition
for the use of such document imposed by this subpart. As soon as
possible after such withdrawal, the holder of the certificate or permit
shall be notified in writing by the Deputy Administrator or an
[[Page 78]]
inspector of the reason therefor and afforded reasonable opportunity to
present his views thereon, and if there is a conflict as to any material
fact, a hearing shall be held to resolve such conflict.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-5 Compliance agreements; and cancellation thereof.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of such articles under this subpart. Compliance
agreement forms may be obtained from the Deputy Administrator or an
inspector.
(b) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement whenever he finds that such other party has
failed to comply with the conditions of the agreement. As soon as
possible after such cancellation, such party shall be notified in
writing by the Deputy Administrator or an inspector of the reason
therefor and afforded reasonable opportunity to present views thereon,
and if there is a conflict as to any material fact, a hearing shall be
held to resolve such conflict.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 301.80-4(e)) who desire to move interstate regulated articles
which must be accompanied by a certificate or permit shall, as far in
advance as possible, request an inspector to examine the articles prior
to movement. Such articles shall be assembled at such points and in such
a manner as the inspector designates to facilitate inspection.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-7 Attachment and disposition of certificates or permits.
(a) If a certificate or permit is required for the interstate
movement of regulated articles, the certificates or permit shall be
securely attached to the outside of the container in which such articles
are moved except that, where the certificate or permit is attached to
the waybill or other shipping document, and the regulated articles are
adequately described on the certificate, permit or shipping document,
the attachment of the certificate or permit to each container of the
articles is not required.
(b) In all cases, certificates or permits shall be furnished by the
carrier to the consignee at the destination of the shipment.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Sec. 301.80-8 Inspection and disposal of regulated articles and pests.
Any properly identified inspector is authorized to stop and inspect,
and to seize, destroy, or otherwise dispose of, or require disposal of
regulated articles and witchweed as provided in section 10 of the Plant
Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest
Act (7 U.S.C. 150dd), in accordance with instructions issued by the
Deputy Administrator.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-9 Movement of witchweed.
Regulations requiring a permit for, and otherwise governing the
movement of witchweed in interstate or foreign commerce are contained in
the Federal plant pest regulations in part 330 of this chapter.
Applications for permits for the movement of the pest may be made to the
Deputy Administrator.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Sec. 301.80-10 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and
[[Page 79]]
regulations in this subpart, other than for the services of the
inspector.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Subpart--Imported Fire Ant
Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted.
Quarantine and Regulations
Sec. 301.81 Restrictions on interstate movement of regulated articles.
No person may move interstate from any quarantined area any
regulated article except in accordance with this subpart.
Sec. 301.81-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
Certificate. A document in which an inspector or a person operating
under a compliance agreement affirms that a specified regulated article
meets the requirements of this subpart and may be moved interstate to
any destination.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles that are
moved interstate, in which the person agrees to comply with the
provisions of this subpart and any conditions imposed under this
subpart.
Imported fire ant. Living imported fire ants of the species
Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of
these species.
Infestation (infested). The presence of an imported fire ant queen
or a reproducing colony of imported fire ants, except that on grass sod
and plants with roots and soil attached, an infestation is the presence
of any life form of the imported fire ant.
Inspector. An APHIS employee or other person authorized by the
Administrator to enforce the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector affirms that a
specified regulated article not eligible for a certificate is eligible
for interstate movement only to a specified destination and in
accordance with conditions specified on the permit.
Movement (moved). The act of shipping, transporting, delivering, or
receiving for movement, or otherwise aiding, abetting, inducing or
causing to be moved.
Noncompacted soil. Soil that can be removed from an article by brisk
brushing or washing with water under normal city water pressure (at
least 4 gallons per minute at 40 to 50 pounds per square inch through a
\1/2\-inch orifice).
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Reproducing colony. A combination of one or more imported fire ant
workers and one or more of the following immature imported fire ant
forms: Eggs, larvae, or pupae.
Soil. Any non-liquid combination of organic and/or inorganic
material in which plants can grow.
Soil-moving equipment. Equipment used for moving or transporting
soil, including, but not limited to, bulldozers, dump trucks, or road
scrapers.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.81-2 Regulated articles.
The following are regulated articles:
(a) Imported fire ant queens and reproducing colonies of imported
fire ants.\1\
---------------------------------------------------------------------------
\1\ Permit and other requirements for the interstate movement of
imported fire ants are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(b) Soil,\2\ separately or with other articles, except potting soil
that is shipped in original containers in which the soil was placed
after commercial preparation.
---------------------------------------------------------------------------
\2\ The movement of soil from Puerto Rico is subject to additional
provisions in part 330 of this chapter.
---------------------------------------------------------------------------
(c) Baled hay and baled straw stored in direct contact with the
ground;
[[Page 80]]
(d) Plants and sod with roots and soil attached, except plants
maintained indoors in a home or office environment and not for sale;
(e) Used soil-moving equipment, unless removed of all noncompacted
soil; and
(f) Any other article or means of conveyance when:
(1) An inspector determines that it presents a risk of spread of the
imported fire ant due to its proximity to an infestation of the imported
fire ant; and
(2) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
(Approved by the Office of Management and Budget under control number
0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-3 Quarantined areas.
(a) The Administrator will quarantine each State or each portion of
a State that is infested.
(b) Less than an entire State will be listed as a quarantined area
only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles listed in Sec. 301.81-2
that are equivalent to the interstate movement restrictions imposed by
this subpart; and
(2) Designating less than the entire State as a quarantined area
will prevent the spread of the imported fire ant.
(c) The Administrator may include uninfested acreage within a
quarantined area due to its proximity to an infestation or
inseparability from the infested locality for quarantine purposes, as
determined by:
(1) Projections of spread of imported fire ant around the periphery
of the infestation, as determined by previous years' surveys;
(2) Availability of natural habitats and host materials, within the
uninfested acreage, suitable for establishment and survival of imported
fire ant populations; and
(3) Necessity of including uninfested acreage within the quarantined
area in order to establish readily identifiable boundaries.
(d) The Administrator or an inspector may temporarily designate any
nonquarantined area as a quarantined area in accordance with the
criteria specified in paragraphs (a), (b), and (c) of this section. The
Administrator will give written notice of this designation to the owner
or person in possession of the nonquarantined area, or, in the case of
publicly owned land, to the person responsible for the management of the
nonquarantined area; thereafter, the interstate movement of any
regulated article from an area temporarily designated as a quarantined
area is subject to this subpart. As soon as practicable, this area
either will be added to the list of designated quarantined areas in
paragraph (e) of this section, or the Administrator will terminate the
designation. The owner or person in possession of, or, in the case of
publicly owned land, the person responsible for the management of, an
area for which the designation is terminated will be given written
notice of the termination as soon as practicable.
(e) The areas described below are designated as quarantined areas:
Alabama
The entire State.
Arkansas
Ashley County. The entire county.
Bradley County. The entire county.
Calhoun County. The entire county.
Chicot County. The entire county.
Cleveland County. The entire county.
Columbia County. The entire county.
Dallas County. The entire county.
Desha County. That portion of the county west of U.S. Highway 65 and
south of the south line of T. 10 S., including all of the incorporated
city limits of Dumas. That portion of the county south of the Arkansas
River.
Drew County. The entire county.
Grant County. That portion of the county south of the south line T.
5 S. and east of State Highway 167. That portion of the county south of
U.S. Highway 270, including the corporate city limits of Sheridan.
Hempstead County. That portion of the county south of Interstate 30,
including all of the incorporated city limits of Hope. That portion of
the county south of Arkansas Highway 24.
[[Page 81]]
Hot Springs County. That portion of the county east of Interstate 30
to the intersection with U.S. Highway 270; then south of U.S. 270 to the
Hot Springs County/Grant County line, including the corporate city
limits of Malvern.
Howard County. T. 9 and 10 S., R. 27 W. That portion of the county
south of Arkansas Highway 24 from the Sevier County line east to the
west boundary of R. 27 W.; then north along R. 27 W. to the north
boundary of T. 9 S.; then east to the county line.
Jefferson County. That portion of the county bounded by a line
beginning at the intersection of the Jefferson-Grant County line and the
southern boundary line of T. 5 S.; then east along this township line to
its intersection with U.S. Highway 79; then northeast along this highway
to its junction with State Highway 88; then southeast along this highway
to its intersection with the eastern boundary line of R. 7 W; then south
along this range line to its junction with Jefferson-Lincoln County
line; then south and west along this county line to the Jefferson-
Cleveland County line; then west along this county line to the
Jefferson-Grant County line; then north along this county line to the
point of beginning. The incorporated city limits of Pine Bluff and
Alteimer are included.
Lafayette County. The entire county.
Lincoln County. That portion of the county south of the south line
of T. 8 W.
Little River County. The entire county.
Miller County. The entire county.
Nevada County. That portion of the county south of the south line of
T. 10 S. and the Little Missouri River.
Ouachita County. The entire county.
Union County. The entire county.
Florida
The entire State.
Georgia
Appling County. The entire county.
Atkinson County. The entire county.
Bacon County. The entire county.
Baker County. The entire county.
Baldwin County. The entire county.
Banks County. The entire county.
Barrow County. The entire county.
Bartow County. The entire county.
Ben Hill County. The entire county.
Berrien County. The entire county.
Bibb County. The entire county.
Bleckley County. The entire county.
Brantley County. The entire county.
Brooks County. The entire county.
Bryan County. The entire county.
Bulloch County. The entire county.
Burke County. The entire county.
Butts County. The entire county.
Calhoun County. The entire county.
Camden County. The entire county.
Candler County. The entire county.
Carroll County. The entire county.
Catoosa County. The entire county.
Charlton County. The entire county.
Chatham County. The entire county.
Chattachoochee County. The entire county.
Chattooga County. The entire county.
Cherokee County. The entire county.
Clarke County. The entire county.
Clay County. The entire county.
Clayton County. The entire county.
Clinch County. The entire county.
Cobb County. The entire county.
Coffee County. The entire county.
Colquitt County. The entire county.
Columbia County. The entire county.
Cook County. The entire county.
Coweta County. The entire county.
Crawford County. The entire county.
Crisp County. The entire county.
Dade County. The entire county.
Dawson County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
Dodge County. The entire county.
Dooly County. The entire county.
Dougherty County. The entire county.
Douglas County. The entire county.
Early County. The entire county.
Echols County. The entire county.
Effingham County. The entire county.
Elbert County. The entire county.
Emanuel County. The entire county.
Evans County. The entire county.
Fannin County. The entire county.
Fayette County. The entire county.
Floyd County. The entire county.
Forsyth County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Gilmer County. The entire county.
Glascock County. The entire county.
Glynn County. The entire county.
Gordon County. The entire county.
Grady County. The entire county.
Greene County. The entire county.
Gwinnett County. The entire county.
Hall County. The entire county.
Hancock County. The entire county.
Haralson County. The entire county.
Harris County. The entire county.
Hart County. The entire county.
Heard County. The entire county.
Henry County. The entire county.
Houston County. The entire county.
Irwin County. The entire county.
Jackson County. The entire county.
Jasper County. The entire county.
Jeff Davis County. The entire county.
Jefferson County. The entire county.
Jenkins County. The entire county.
Johnson County. The entire county.
Jones County. The entire county.
Lamar County. The entire county.
Lanier County. The entire county.
Laurens County. The entire county.
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Lee County. The entire county.
Liberty County. The entire county.
Lincoln County. The entire county.
Long County. The entire county.
Lowndes County. The entire county.
Lumpkin County. The entire county.
Macon County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
McDuffie County. The entire county.
McIntosh County. The entire county.
Meriwether County. The entire county.
Miller County. The entire county.
Mitchell County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Murray County. The entire county.
Muscogee County. The entire county.
Newton County. The entire county.
Oconee County. The entire county.
Oglethorpe County. The entire county.
Paulding County. The entire county.
Peach County. The entire county.
Pickens County. The entire county.
Pierce County. The entire county.
Pike County. The entire county.
Polk County. The entire county.
Pulaski County. The entire county.
Putnam County. The entire county.
Quitman County. The entire county.
Randolph County. The entire county.
Richmond County. The entire county.
Rockdale County. The entire county.
Schley County. The entire county.
Screven County. The entire county.
Seminole County. The entire county.
Spalding County. The entire county.
Stephens County. The entire county.
Stewart County. The entire county.
Sumter County. The entire county.
Talbot County. The entire county.
Taliaferro County. The entire county.
Tattnall County. The entire county.
Taylor County. The entire county.
Telfair County. The entire county.
Terrell County. The entire county.
Thomas County. The entire county.
Tift County. The entire county.
Toombs County. The entire county.
Treutlen County. The entire county.
Troup County. The entire county.
Turner County. The entire county.
Twiggs County. The entire county.
Upson County. The entire county.
Walker County. The entire county.
Walton County. The entire county.
Ware County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Webster County. The entire county.
Wheeler County. The entire county.
Whitfield County. The entire county.
Wilcox County. The entire county.
Wilkes County. The entire county.
Wilkinson County. The entire county.
Worth County. The entire county.
Louisiana
The entire State.
Mississippi
The entire State.
North Carolina
Anson County. The entire county.
Beaufort County. The entire county.
Bladen County. The entire county.
Brunswick County. The entire county.
Carteret County. The entire county.
Columbus County. The entire county.
Craven County. The entire county.
Cumberland County. The entire county.
Dare County. The entire county, excluding Roanoke Island and the
Outer Banks.
Duplin County. The entire county.
Hoke County. The entire county.
Hyde County. The entire county.
Jones County. The entire county.
Lenoir County. The entire county.
Martin County. That portion of the county bounded by a line
beginning at the intersection of the Martin/Pitt County line and North
Carolina State Highway 903; then north along North Carolina State
Highway 903 to its intersection with State Secondary Road 1142; then
northeast along State Secondary Road 1142 to its intersection with U.S.
Highway 64; then west along U.S. Highway 64 to its intersection with
State Secondary Road 1409; then northwest along State Secondary Road
1409 to its intersection with State Secondary Road 1423; then north
along State Secondary Road 1423 to its intersection with State Secondary
Road 1420; then northeast along State Secondary Road 1420 to its
intersection with State Secondary Road 1417; then north along State
Secondary Road 1417 to its intersection with State Secondary Road 1416;
then northeast along an imaginary line to the Roanoke River; then east
along the Roanoke River to its intersection with the Washington/Martin
County line; then south along the Washington/Martin County line to its
intersection with the Beaufort/Martin County line; then west along the
Beaufort/Martin County line to its intersection with the Martin/Pitt
County line; then northwest along the Martin/Pitt County line to the
point of beginning.
Mecklenburg County. That portion of the county from the Union/
Mecklenburg County line west along the Cabarrus/Mecklenburg County line
to NC State Road 2459; then south on NC State Road 2459 to State Highway
115, and south to Interstate Highway 77; on Interstate Highway 77 the
quarantine will continue to the junction of Interstate Highway 77 with
Interstate Highway 85; then southwest on Interstate Highway 85 to the
North Carolina/South Carolina State line.
[[Page 83]]
Montgomery County. That portion of the county bounded by a line
beginning at the intersection of the Pee Dee River and North Carolina
State Highway 731; then northeast along North Carolina State Highway 731
to its intersection with North Carolina State Highway 73; then north
along North Carolina State Highway 73 to its intersection with North
Carolina State Highway 109; then northeast along North Carolina State
Highway 109 to its intersection with State Secondary Road 1127; then
northeast along State Secondary Road 1127 to its intersection with State
Secondary Road 1118; then north along State Secondary Road 1118 to its
intersection with State Secondary road 1544; then east along State
Secondary Road 1544 to its intersection with State Secondary Road 1543;
then south along State Secondary Road 1543 to its intersection with
State Secondary Road 1565; then northeast along State Secondary Road
1565 to its intersection with State Secondary Road 1564; then east along
State Secondary Road 1564 to its intersection with State Secondary Road
1005; then south along State Secondary Road 1005 to its intersection
with the Montgomery/Richmond County line; then southwest along the
Montgomery/Richmond County line to its intersection with the Pee Dee
River; then north along the Pee Dee River to the point of beginning.
New Hanover County. The entire county.
Onslow County. The entire county.
Pamlico County. The entire county.
Pender County. The entire county.
Pitt County. That portion of the county bounded by a line beginning
at the intersection of State Secondary Road 1110 and the Greene/Pitt
County line; then northwest along the Greene/Pitt County line to its
intersection with State Secondary Road 1139; then north along State
Secondary Road 1139 to its intersection with State Secondary Road 1318;
then north along State Secondary Road 1318 to its intersection with U.S.
Highway 264; then northeast along U.S. Highway 264 to its intersection
with State Secondary Road 1212; then north along State Secondary Road
1212 to its intersection with North Carolina Highway 43; then northwest
along North Carolina Highway 43 to its intersection with North Carolina
Highway 223; then east along North Carolina Highway 223 to its
intersection with North Carolina Highway 33; then southeast along North
Carolina Highway 33 to its intersection with State Secondary Road 1415;
then east along State Secondary Road 1415 to its intersection with State
Secondary Road 1416; then northeast along State Secondary Road 1416 to
its intersection with State Secondary road 1424; then north along State
Secondary Road 1424 to its intersection with U.S. Highway 13; then north
along U.S. Highway 13 to its intersection with State Secondary Road
1510; then east along State Secondary Road 1510 to its intersection with
North Carolina State Highway 30; then southeast along North Carolina
State Highway 30 to its intersection with North Carolina State Highway
903 and State Secondary Road 1551; then east along State Secondary Road
1551 to its intersection with State Secondary Road 1552; then east along
State Secondary Road 1552 to its intersection with the Beaufort/Pitt
County line; then south along the Beaufort/Pitt County line to its
intersection with the Craven/Pitt County line; then west along the
Craven/Pitt County line to its intersection with the Lenoir/Pitt County
line; then west along the Lenoir/Pitt County line to its intersection
with the Greene/Pitt County line; then north along the Greene/Pitt
County line to the point of beginning.
Richmond County. The entire county.
Robeson County. The entire county.
Sampson County. That portion of the county bounded by a line
beginning at the intersection of the Cumberland/Sampson County line and
State Secondary Road 1006; then east along State Secondary Road 1006 to
its intersection with State Secondary Road 1832; then southeast along
State Secondary Road 1832 to its intersection with U.S. Highway 421;
then southeast along U.S. Highway 421 to its intersection with State
Secondary Road 1842; then northeast along State Secondary Road 1842 to
its intersection with State Secondary Road 1827; then north along State
Secondary Road 1827 to its intersection with State Secondary Road 1826;
then northeast along State Secondary Road 1826 to its intersection with
State Secondary Road 1746; then east along State Secondary Road 1746 to
its intersection with U.S. Highway 701; then north along U.S. Highway
701 to its intersection with the Johnston/Sampson County line; then
northeast along the Johnston/Sampson County line to its intersection
with the Wayne/Sampson County line; then southeast along the Wayne/
Sampson County line to its intersection with the Duplin/Sampson County
line; then south along the Duplin/Sampson County line to its
intersection with the Pender/Sampson County line; then west along the
Pender/Sampson County line to its intersection with the Bladen/Sampson
County line; then north along the Bladen/Sampson County line to its
intersection with the Cumberland/Sampson County line; then north along
the Cumberland/Sampson County line to the point of beginning.
Scotland County. The entire county.
Tyrrell County. The entire county.
Union County. The entire county.
Washington County. The entire county.
Oklahoma
Bryan County. The entire county.
Carter County. The entire county.
Love County. The entire county.
Marshall County. The entire county.
[[Page 84]]
McCurtain County. The entire county.
Puerto Rico
The entire State.
South Carolina
Abbeville County. The entire county.
Aiken County. The entire county.
Allendale County. The entire county.
Anderson County. That portion of the county bounded by a line
beginning at the intersection of South Carolina Primary Highway 28 and
the Pickens County/Anderson County line; then southeast along South
Carolina Primary Highway 28 to its intersection with County Road 115;
then southeast along County Road 115 to its intersection with County
Road 29; then southeast along County Road 29 to its intersection with
County Road 81; then south along County Road 81 to its intersection with
South Carolina Highway 247; then east along this highway to its
intersection with the eastern Anderson County line; then south,
southwest, north and northeast along this county line to the point of
beginning.
Bamberg County. The entire county.
Barnwell County. The entire county.
Beaufort County. The entire county.
Berkeley County. The entire county.
Calhoun County. The entire county.
Charleston County. The entire county.
Chester County. The entire county.
Chesterfield County. The entire county.
Clarendon County. The entire county.
Colleton County. The entire county.
Darlington County. The entire county.
Dillon County. The entire county.
Dorchester County. The entire county.
Edgefield County. The entire county.
Fairfield County. The entire county.
Florence County. The entire county.
Georgetown County. The entire county.
Greenwood County. The entire county.
Greenville County. That portion of the county bounded by a line
beginning at the intersection of U.S. Highway 29 and the western
Greenville County line; then east along U.S. Highway 29 to its
intersection with the eastern Greenville County line; then south,
southwest, and north along the eastern Greenville County line to the
point of beginning.
Hampton County. The entire county.
Horry County. The entire county.
Jasper County. The entire county.
Kershaw County. The entire county.
Lancaster County. The entire county.
Laurens County. The entire county.
Lee County. The entire county.
Lexington County. The entire county.
Marion County. The entire county.
Marlboro County. The entire county.
McCormick County. The entire county.
Newberry County. The entire county.
Orangeburg County. The entire county.
Richland County. The entire county.
Saluda County. The entire county.
Sumter County. The entire county.
Union County. The entire county.
Williamsburg County. The entire county.
York County. That portion of the county bounded by a line beginning
at the intersection of South Carolina Primary Highway 274 and the North
Carolina State line; then east, south, northeast and southeast along the
North Carolina State line to its intersection with the Lancaster County/
South Carolina County line; then south along the Lancaster County/South
Carolina County line to its intersection with the York County line; then
west along the York County line to its intersection with the Cherokee
County line; then north along the Cherokee County line to its
intersection with South Carolina Highway 5; then southeast along South
Carolina Highway 5 to its intersection with York County Road 1041; then
northeast along York County Road 1041 to its intersection with York
County Road 44; then north on York County Road 44 to its intersection
with York County Road 172; then east along York County Road 172 to its
intersection with York County Road 64; then north along York County Road
64 to its intersection with South Carolina Primary Highway 55; then east
along South Carolina Primary Highway 55 to its intersection with South
Carolina Primary Highway 274; then north along South Carolina Primary
Highway 274 to the point of beginning.
Tennessee
Bradley County. That portion of the county southeast of Interstate
Highway 75, southwest of the Hiwassee River, northwest of U.S. Highway
11, and northeast of Tennessee State Highway 308.
Fayette County. That portion of the county lying south of U.S.
Highway 64.
Hamilton County. That portion of the county lying east of U.S.
Highway 27, south of Interstate Highway 24 and west of Interstate
Highway 75. That part also of the county lying south of U.S. Highways
41, 64, and 72, and west of Tennessee State Road 38.
Hardeman County. The entire county.
Hardin County. The entire county.
McMinn County. That portion of the county southeast of Interstate
Highway 75, southwest of Tennessee State Highway 163, northwest of U.S.
Highway 11, and northeast of the Hiwassee River.
McNairy County. The entire county.
Wayne County. That portion of the county lying south of U.S. Highway
64 and also that portion of the county lying west of Longitude 87 deg.
55'.
Texas
Anderson County. The entire county.
Angelina County. The entire county.
Aransas County. The entire county.
[[Page 85]]
Atascosa County. The entire county.
Austin County. The entire county.
Bandera County. The entire county.
Bastrop County. The entire county.
Bee County. The entire county.
Bell County. The entire county.
Bexar County. The entire county.
Blanco County. The entire county.
Bosque County. The entire county.
Bowie County. The entire county.
Brazoria County. The entire county.
Brazos County. The entire county.
Brooks County. The entire county.
Burleson County. The entire county.
Burnet County. The entire county.
Caldwell County. The entire county.
Calhoun County. The entire county.
Cameron County. The entire county.
Camp County. The entire county.
Cass County. The entire county.
Chambers County. The entire county.
Cherokee County. The entire county.
Collin County. The entire county.
Colorado County. The entire county.
Comal County. The entire county.
Comanche County. The entire county.
Cooke County. The entire county.
Coryell County. The entire county.
Dallas County. The entire county.
Delta County. The entire county.
Denton County. The entire county.
De Witt County. The entire county.
Dimmit County. The entire county.
Duval County. The entire county.
Eastland County. The entire county.
Edwards County. The entire county.
Ellis County. The entire county.
Erath County. The entire county.
Falls County. The entire county.
Fannin County. The entire county.
Fayette County. The entire county.
Fort Bend County. The entire county.
Franklin County. The entire county.
Freestone County. The entire county.
Frio County. The entire county.
Galveston County. The entire county.
Gillespie County. The entire county.
Goliad County. The entire county.
Gonzales County. The entire county.
Grayson County. The entire county.
Gregg County. The entire county.
Grimes County. The entire county.
Guadalupe County. The entire county.
Hamilton County. The entire county.
Hardin County. The entire county.
Harris County. The entire county.
Harrison County. The entire county.
Hays County. The entire county.
Henderson County. The entire county.
Hill County. The entire county.
Hood County. The entire county.
Hopkins County. The entire county.
Houston County. The entire county.
Hunt County. The entire county.
Jack County. The entire county.
Jackson County. The entire county.
Jasper County. The entire county.
Jefferson County. The entire county.
Jim Wells County. The entire county.
Johnson County. The entire county.
Karnes County. The entire county.
Kaufman County. The entire county.
Kendall County. The entire county.
Kenedy County. The entire county.
Kerr County. The entire county.
Kimble County. That portion of the county bounded by a line
beginning at a point where U.S. Highway 290 intersects the Kimble-
Gillespie County line; then southerly along this county line to its
junction with the Kimble-Kerr County line; then westerly along this
county line to its intersection with U.S. Interstate Highway 10; then
northwesterly along this highway to its intersection with U.S. Highway
83 and U.S. Highway 377; then northerly along these highways to the
intersection of these highways; then easterly and northeasterly on U.S.
Highway 377 to its intersection with the Kimble-Menard County line; then
easterly along this county line to its junction with the Kimble-Mason
County line; then southerly and easterly along this county line to its
junction with the Kimble-Gillespie County line; then southerly along
this county line to the point of beginning, excluding the town of
London.
Kinney County. The entire county.
Kleberg County. The entire county.
Lamar County. The entire county.
Lampasas County. The entire county.
Lavaca County. The entire county.
Lee County. The entire county.
Leon County. The entire county.
Liberty County. The entire county.
Limestone County. The entire county.
Live Oak County. The entire county.
Llano County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Mason County. The entire county.
Matagorda County. The entire county.
McCulloch County. The entire county.
McLennan County. The entire county.
McMullen County. The entire county.
Medina County. The entire county.
Midland County. That portion of the county bounded by a line
beginning at a point where U.S. Highway 80 intersects the Midland-Ector
County line; then northerly along this county line to its junction with
the Midland-Andrews County line; then easterly along this county line
and including the Martin-Midland County line to its junction with U.S.
Highway 80-Interstate 20; then southwesterly along U.S. Highway 80 to
the point of beginning.
Milam County. The entire county.
Montague County. The entire county.
Montgomery County. The entire county.
Morris County. The entire county.
Nacogdoches County. The entire county.
Navarro County. The entire county.
Newton County. The entire county.
Nueces County. The entire county.
[[Page 86]]
Orange County. The entire county.
Panola County. The entire county.
Parker County. The entire county.
Polk County. The entire county.
Rains County. The entire county.
Real County. The entire county.
Refugio County. The entire county.
Robertson County. The entire county.
Rockwall County. The entire county.
Rusk County. The entire county.
Sabine County. The entire county.
San Augustine County. The entire county.
San Jacinto County. The entire county.
San Patricio County. The entire county.
San Saba County. The entire county.
Shelby County. The entire county.
Smith County. The entire county.
Somervell County. The entire county.
Tarrant County. The entire county.
Taylor County. The entire county.
Titus County. The entire county.
Tom Green County. The entire county.
Travis County. The entire county.
Trinity County. The entire county.
Tyler County. The entire county.
Upshur County. The entire county.
Uvalde County. The entire county.
Van Zandt County. The entire county.
Victoria County. The entire county.
Walker County. The entire county.
Waller County. The entire county.
Washington County. The entire county.
Webb County. The entire county.
Wharton County. The entire county.
Wichita County. The entire county.
Williamson County. The entire county.
Wilson County. The entire county.
Wise County. The entire county.
Wood County. The entire county.
Young County. The entire county.
Zavala County. The entire county.
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 3314, Jan. 21, 1994; 59
FR 6531, Feb. 11, 1994; 59 FR 22492, May 2, 1994; 60 FR 52832, Oct. 11,
1995; 61 FR 17551, Apr. 22, 1996]
Sec. 301.81-4 Interstate movement of regulated articles from quarantined areas.
(a) Any regulated article may be moved interstate from a quarantined
area into or through an area that is not quarantined only if moved under
the following conditions:
(1) With a certificate or limited permit issued and attached in
accordance with Secs. 301.81-5 and 301.81-9 of this subpart;
(2) Without a certificate or limited permit, provided that each of
the following conditions is met:
(i) The regulated article was moved into the quarantined area from
an area that is not quarantined;
(ii) The point of origin is indicated on a waybill accompanying the
regulated article;
(iii) The regulated article is moved through the quarantined area
(without stopping except for refueling, or for traffic conditions, such
as traffic lights or stop signs), or has been stored, packed, or parked
in locations inaccessible to the imported fire ant, or in locations that
have been treated in accordance with the methods and procedures
prescribed in the Appendix to this subpart (``III. Regulatory
Procedures''), while in or moving through any quarantined area; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity; or
(3) Without a certificate or limited permit provided the regulated
article is a soil sample being moved to a laboratory approved by the
Administrator \3\ to process, test, or analyze soil samples.
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\3\ Criteria that laboratories must meet to become approved to
process, test, or analyze soil, and the list of currently approved
laboratories, may be obtained from the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Domestic and
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland
20737-1236.
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(b) Inspectors are authorized to stop any person or means of
conveyance moving in interstate commerce they have probable cause to
believe is moving regulated articles, and to inspect the articles being
moved and the means of conveyance. Articles found to be infested by an
inspector, and articles not in compliance with the regulations in this
subpart, may be seized, quarantined, treated, subjected to other
remedial measures, destroyed, or otherwise disposed of. Any treatments
will be in accordance with the methods and procedures prescribed in the
Appendix to this subpart (``III. Regulatory Procedures''), or in
accordance with the methods and procedures prescribed in the Plant
Protection and Quarantine Treatment Manual. The Plant Protection and
Quarantine Treatment Manual is incorporated by reference. For full
identification of this standard, see
[[Page 87]]
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Sec. 300.1 of this chapter, ``Materials incorporated by reference.''
(Approved by the Office of Management and Budget under control number
0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59
FR 67609, Dec. 30, 1994]
Sec. 301.81-5 Issuance of a certificate or limited permit.
(a) An inspector \4\ or person operating under a compliance
agreement will issue a certificate for the interstate movement of a
regulated article approved under such compliance agreement if he or she
determines that the regulated article:
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\4\ Inspectors are assigned to local offices of APHIS, which are
listed in local telephone directories. Information on local offices may
also be obtained from the Animal and Plant Health Inspection Service,
Plant Protection and Quarantine, Domestic and Emergency Operations, 4700
River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(1) Is eligible for unrestricted movement under all other applicable
Federal domestic plant quarantines and regulations;
(2) Is to be moved in compliance with any emergency conditions the
Administrator may impose under 7 U.S.C. 150dd to prevent the spread of
the imported fire ant; \5\ and
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\5\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd)
authorizes the Secretary of Agriculture to impose emergency measures
necessary to prevent the spread of plant pests new to, or not widely
prevalent or distributed within and throughout, the United States.
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(3)(i) Is free of an imported fire ant infestation, based on his or
her visual examination of the article;
(ii) Has been grown, produced, manufactured, stored, or handled in a
manner that would prevent infestation or destroy all life stages of the
imported fire ant; or
(iii) Has been treated in accordance with methods and procedures
prescribed in the Appendix to this subpart (``III. Regulatory
Procedures'').
(b) An inspector will issue a limited permit for the interstate
movement of a regulated article not eligible for a certificate if the
inspector determines that the regulated article:
(1) Is to be moved interstate to a specified destination for
specified handling, utilization, or processing (the destination and
other conditions to be listed in the limited permit), and this
interstate movement will not result in the spread of the imported fire
ant because the imported fire ant will be destroyed by the specified
handling, utilization, or processing;
(2) Is to be moved interstate in compliance with any additional
emergency conditions the Administrator may impose under 7 U.S.C. 150dd
to prevent the spread of the imported fire ant; and
(3) Is eligible for interstate movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates to a person
operating under a compliance agreement (in accordance with Sec. 301.81-6
of this subpart) or authorize reproduction of the certificates on
shipping containers, or both, as requested by the person operating under
the compliance agreement. These certificates may then be completed and
used, as needed, for the interstate movement of regulated articles that
have met all of the requirements of paragraph (a) of this section.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59
FR 67609, Dec. 30, 1994]
Sec. 301.81-6 Compliance agreements.
Persons who grow, handle, or move regulated articles interstate may
enter into a compliance agreement \6\ if such persons review with an
inspector each stipulation of the compliance agreement, have facilities
and equipment to carry out disinfestation procedures or application of
chemical materials in
[[Page 88]]
accordance with the ``Imported Fire Ant Program Manual,'' as set forth
in the appendix to this subpart, and meet applicable State training and
certification standards as authorized by the Federal Insecticide,
Fungicide, and Rodenticide Act (86 Stat. 983; 7 U.S.C. 136b). Any person
who enters into a compliance agreement with APHIS must agree to comply
with the provisions of this subpart and any conditions imposed under
this subpart.
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\6\ Compliance agreements may be initiated by contacting a local
office of Plant Protection and Quarantine, which are listed in telephone
directories. The addresses and telephone numbers of local offices of
Plant Protection and Quarantine may also be obtained from the Animal and
Plant Health Inspection Service, Plant Protection and Quarantine,
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale,
Maryland 20737-1236.
---------------------------------------------------------------------------
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.81-7 Cancellation of a certificate, limited permit, or compliance agreement.
Any certificate, limited permit, or compliance agreement may be
canceled orally or in writing by an inspector whenever the inspector
determines that the holder of the certificate or limited permit, or the
person who has entered into the compliance agreement, has not complied
with this subpart or any conditions imposed under this subpart. If the
cancellation is oral, the cancellation will become effective immediately
and the cancellation and the reasons for the cancellation will be
confirmed in writing as soon as circumstances allow within 20 days after
oral notification of the cancellation. Any person whose certificate,
limited permit, or compliance agreement has been canceled may appeal the
decision, in writing, within 10 days after receiving the written
cancellation notice. The appeal must state all of the facts and reasons
that the person wants the Administrator to consider in deciding the
appeal. A hearing may be held to resolve any conflict as to any material
fact. Rules of practice for the hearing will be adopted by the
Administrator. As soon as practicable, the Administrator will grant or
deny the appeal, in writing, stating the reasons for the decision.
(Approved by the Office of Management and Budget under control number
0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-8 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector \7\ at least 48 hours before the services
are needed.
---------------------------------------------------------------------------
\7\ See footnote 4 to Sec. 301.81-5(a).
---------------------------------------------------------------------------
(b) The regulated articles must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-9 Attachment and disposition of certificates and limited permits.
(a) The consignor must ensure that the certificate or limited permit
authorizing interstate movement of a regulated article is, at all times
during interstate movement, attached to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill: Provided, that
the descriptions of the regulated article on the certificate or limited
permit, and on the waybill, are sufficient to identify the regulated
article; and
(b) The carrier must furnish the certificate or limited permit
authorizing interstate movement of a regulated article to the consignee
at the shipment's destination.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-10 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services. The United
States Department of Agriculture will not be responsible for any other
costs or charges.
[[Page 89]]
Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported Fire
Ant Program Manual'' \8\
---------------------------------------------------------------------------
\8\ A copy of the entire ``Imported Fire Ant Program Manual'' may be
obtained from the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Domestic and Emergency Operations, 4700 River
Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
III. Regulatory Procedures
A. Instructions to Inspectors. Inspectors must know and follow
instructions in this manual, the PPQ Treatment Manual, the pesticide
label, and exemptions (Section 18 or 24(c) of FIFRA) for the treatment
or other procedures used to authorize the movement of regulated
articles. These will serve as a basis for explaining such procedures to
persons interested in moving articles affected by the quarantine.
Inspectors shall furnish complete information to anyone interested in
moving regulated articles.
If there are questions concerning a particular treatment, contact
your supervisor.
B. Authorized Chemicals. The following chemicals are authorized for
the treatment of regulated articles under the IFA quarantine:
Insecticides
Hydramethylnon (AMDRO)
Bifenthrin
Chlorpyrifos (Dursban)
Diazinon
Fenoxycarb (AWARD)
Tefluthrin (FIREBAN)
C. Approved Treatments.
1. Equipment--Used Soil-Moving
Methods: Used soil-moving equipment is eligible for movement when an
inspector determines that one of the following procedures has been done:
a. It has been brushed free of noncompacted soil;
b. It has been washed free of noncompacted soil; or
c. Noncompacted soil has been removed with air pressure equipment
using compressors designed specifically for this purpose. Such
compressors must provide free air delivery of no less than 30 cubic feet
per minute at 200 pounds per square inch.
Certification Period: As long as kept free of noncompacted soil.
Limitations: Regardless of the type of cleaning equipment used, all
debris and noncompacted soil must be removed unless it is steam-heated
by a ``steam jenny'' to disinfest the articles. Used soil-moving
equipment, such as bulldozers, dirt pans, motor graders, and draglines,
are difficult to clean sufficiently to eliminate pest risk.
Precaution: Steam may remove loose paint and usually is not
recommended for use on equipment with conveyor belts and rubber parts.
2. Hay and Straw
Baled hay and straw stored in direct contact with the ground is
ineligible for movement.
3. Plants--Balled or in Containers
a. Emulsifiable chlorpyrifos.
Material: Emulsifiable chlorpyrifos--Immersion and drench treatments
(post-harvest): any Environmental Protection Agency (EPA) registered
formulation is acceptable.
Dosage:
------------------------------------------------------------------------
Amount of formulation to make 100
Chlorpyrifos formulation gallons of treating solution
------------------------------------------------------------------------
1 EC.............................. 16 fl. oz. (472 ml).
2 EC.............................. 8 fl. oz. (236 ml).
4 EC.............................. 4 fl. oz. (118 ml).
------------------------------------------------------------------------
Exposure Period: Plants can be certified immediately upon completion
of treatment
Certification Period: 30 days.
Precautions: Dwarf yaupon may show phytotoxicity to chlorpyrifos.
b. Bifenthrin.
(i) Bifenthrin: Drench and Topical Applications.
Material: Bifenthrin--drench of containerized nursery stock or
topical application to 3- or 4-quart containerized nursery stock
followed by irrigation with water.
Dosage: Dosage rate is 25 ppm. The amount of formulation needed to
achieve 25 ppm varies with the bulk density of the soil or potting
media. Follow label directions to calculate the amount of formulation
needed to achieve 25 ppm.
Exposure period: Containerized nursery stock can be certified
immediately upon completion of the treatment.
Certification period: 180 days.
(ii) Bifenthrin: Granular Formulation
Material: Granular bifenthrin--incorporation into soil or potting
media for containerized nursery stock.
Dosage: The amount of granular bifenthrin needed to achieve a
specified dosage varies with the bulk density of the soil or potting
media. Follow label directions to calculate the amount needed to achieve
a specified dosage.
------------------------------------------------------------------------
Granular Bifenthrin Dosage (parts per Certification Period (months
million) after treatment)
------------------------------------------------------------------------
10 ppm.................................. 0-6 months.
12 ppm.................................. 0-12 months.
15 ppm.................................. 0-24 months.
25 ppm.................................. Continuous.
[[Page 90]]
------------------------------------------------------------------------
Exposure Period: Containerized nursery stock can be certified
immediately upon completion of the treatment.
c. Tefluthrin: Granular Formulation.
Material: Granular tefluthrin--incorporation into soil or potting
media for containerized nursery stock.
Dosage: The amount of granular tefluthrin needed to achieve a
specified dosage varies with the bulk density of the soil or potting
media. Follow label directions to calculate the amount of granular
tefluthrin needed to achieve a specified dosage.
------------------------------------------------------------------------
Granular tefluthrin dosage (parts per Certification period (months
million) after treatment)
------------------------------------------------------------------------
10 ppm.................................. 0-18 months.
25 ppm.................................. Continuous.
------------------------------------------------------------------------
Exposure period: Containerized nursery stock can be certified for
interstate movement from quarantined areas immediately upon completion
of the treatment.
d. General requirements for emulsifiable chlorpyrifos, bifenthrin,
or tefluthrin.
Conditions and Type of Soil: Any friable soil may be treated.
Method A--Immersion
Equipment
1. A watertight container for mixing the treating solutions.
2. Open-top, watertight container sufficiently large to accommodate
the treating solution and plants.
Procedure: Locate immersion tank in well-ventilated place. Do not
remove burlap wrap or plastic containers with drain holes prior to
immersion Immerse soil balls and containers, singly or in groups, so
that soil is completely covered by solution. Plants must remain in
solution until bubbling ceases. Plant balls should have space between
them when grouped in trays, baskets, or other dipping containers. After
removal from dip, plants may be set on drainboard until adequately
drained.
Thorough saturation of the plant balls or containers with the
insecticide solution is essential.
As treating progresses, freshly prepared treating mixture should be
added to maintain liquid at immersion depth. Dispose of tank contents 8
hours after mixing. Clean tank before recharging. Disposal must comply
with State and local regulations.
Precautions: Runoff of the solution from the treatment area should
not be permitted. Excess solution (and used solution) must be disposed
of in accordance with State and local regulations.
Method B--Drench
Equipment
1. A large-capacity bulk mixing tank, either pressurized or gravity-
flow for mixing and holding the insecticide solution.
2. Properly equipped hoses and watering nozzles that can be attached
to the mixing tank and used to thoroughly saturate the plant balls with
the insecticide solution.
Procedure
1. Plants Balled with Burlap--Apply the chlorpyrifos solution as a
substitute for plain water to the plants during the routine watering
activities. Do not remove burlap wrap from plants prior to treatment.
Treat plants singly or in groups with the chlorpyrifos solution to the
point of runoff on a twice daily schedule for 3 consectutive days.
The above treatment should be carried out in a well-ventilated place
normally used to maintain plants prior to shipment. The treatment will
be enhanced by adding any agricultural wetting agent such as Ortho-
77, Tronic, Tecowet, etc., to the
chlorpyrifos solution at the labeled rate (usually \1/2\ pint per 100
gallons of water).
2. Containerized Plants--Apply the bifenthrin or chlorpyrifos
solution to the point of saturation one time only. The volume of the
treating solution must be at least \1/5\ (20%) of the volume of the
container.
Precautions: Thorough saturation of the plant balls or containers
with the insecticide solution is essential. Runoff of the solution from
the treatment area should not be permitted. Excess solution (and used
solution) must be disposed of in accordance with State and local
regulations.
Method C--Topical Application
Apply bifenthrin according to the label instructions for topical
application. The method may be used only with nursery stock in 3- and 4-
quart containers. Penetration of the pesticide in larger containers does
not provide sufficient residual activity.
Irrigate all treated containers with 1.5 inches of water following
application.
Precautions: Runoff of the solution from the treatment area should
not be permitted. Excess solution (and used solution) must be disposed
of in accordance with State and local regulations.
Method D--Granular Incorporation (Bifenthrin)
Apply bifenthrin according to the label instructions for granular
incorporation. Mix thoroughly to distribute product evenly throughout
the soil or potting media. After potting, containers must be watered to
the point of saturation.
[[Page 91]]
Precautions: Saturation of the soil or potting media with the
granular bifenthrin is essential. Water that drains from the treatment
area, which may contain bifenthrin, must be disposed of in accordance
with State and local laws.
Method E--Granular Incorporation (Tefluthrin)
Apply tefluthrin according to the label directions for granular
incorporation. Mix thoroughly to distribute the granular tefluthrin
evenly throughout the soil or potting media. After potting, containers
must be watered to the point of saturation.
Precautions: Saturation of the soil or potting media with the
tefluthrin is essential. Water that drains from the treatment area,
which may contain tefluthrin, must be disposed of in accordance with
State and local laws.
4. Imported-Fire-Ant-Free Nursery--Containerized Plants Only
This detection, control, exclusion, and enforcement program is
designed to keep nurseries free of the imported fire ant and provides a
basis to certify containerized nursery stock for interstate movement.
Participating regulated establishments must be operating under a
compliance agreement. Such compliance agreements shall state the
specific requirements that a shipper agrees to follow to move plants in
accordance with the requirements of the program. Certificates and a
nursery identification number may be issued to the nursery for use on
shipments of regulated articles.
Detection
A successful treatment program depends upon early detection of
imported fire ant colonies. Nursery owners are required to survey
visually their entire premises twice monthly for the presence of
imported fire ants.
Nurseries participating in this program will be inspected by Federal
or State inspectors at least twice per year. More frequent inspections
may be necessary depending upon imported fire ant infestation levels
immediately surrounding the nursery, the thoroughness of nursery
management in maintaining imported-fire-ant-free premises, and the
number of previous detections of imported fire ants in or near
containerized plants. Inspections by Federal and State inspectors should
be more frequent just before and during the peak shipping season. Any
nurseries determined during nursery inspections to have imported fire
ant colonies must be immediately treated to the extent necessary to
eliminate the colonies.
Control
Nursery plants that are shipped under this program must originate in
a nursery free of imported fire ant. Nursery owners must implement a
treatment program with registered bait and contact insecticides. The
premises, including growing and holding areas, must be maintained free
of the imported fire ant. As part of this treatment program, all exposed
soil surfaces (including sod and mulched areas) on property where plants
are grown, potted, stored, handled, loaded, unloaded, or sold must be
treated with a broadcast application of hydramethylnon (AMDRO)
or fenoxycarb (AWARD) baits at least once every six months.
The first application is more effective when applied early in the
spring. An early spring bait application provides control before alate
queens are produced or have time to establish new colonies. Follow label
directions for use.
When properly used, baits are between 80 percent and 90 percent
effective. Follow-up treatments with a contact insecticide must be
applied to eliminate all remaining colonies. Mound drench treatments
with a registered formulation of chlorpyrifos or diazinon are approved.
Follow label directions for use.
Exclusion
Bifenthrin
For plants grown on the premises: Treatment of potting media with
granular or wettable powder formulation of bifenthrin prior to planting
is required. This treatment reduces the risk of infestation of
containers by alate queens flying in from adjacent or nearby infested
premises. The dosage rate is variable, determined by the selected
certification period, for the granular bifenthrin, and 50 ppm for the
wettable powder.
Apply this treatment according to the label instructions.
Mixing must be adequate to blend the required dosage of pesticide
throughout the entire potting soil mixture.
For plants received from outside sources: To prevent the spread into
a nursery free of the imported fire ant by newly introduced, infested
nursery plants, all plants must be:
(a) Obtained from nurseries free of imported fire ant that are
certified under a compliance agreement; or
(b) Treated with bifenthrin drench upon delivery in accordance with
this imported fire ant regulatory treatment manual (III.C.3.b), and
within 180 days be either:
(1) Repotted in treated potting soil media,
(2) Retreated with bifenthrin drench, immersion, or topical
application (III.C.3.b) at 180-day intervals, or
(3) Shipped.
Tefluthrin
[[Page 92]]
For plants grown on the premises: Treatment of soil or potting media
with granular tefluthrin prior to planting is permitted as an
alternative to treatment with granular or wettable powder formulation of
bifenthrin. This treatment reduces the risk of infestation of containers
by alate queens flying in from adjacent or nearby infested premises. The
dosage rate is variable, determined by the selected certification
period, for the granular tefluthrin.
Apply this treatment according to the label directions.
Mixing must be adequate to blend the required dosage of granular
tefluthrin throughout the entire soil or potting media.
Enforcement
The nursery owner shall maintain records of the nursery's surveys
and treatments for the imported fire ant. These records shall be made
available to State and Federal inspectors upon request.
If imported fire ants are detected in nursery stock during an
inspection by a Federal or State inspector, issuance of certificates for
movement shall be suspended until necessary treatments are applied and
the plants and nursery premises are determined to be free of the
imported fire ant. A Federal or State inspector may declare a nursery to
be free of the imported fire ant upon reinspection of the premises. This
inspection must be conducted no sooner than 30 days after treatment to
ensure its effectiveness. During this period, certification may be based
upon the drench or immersion treatment provided in paragraph III.C.3. of
this manual, titled ``Plants--Balled or in Containers.''
Upon notification by the department of agriculture in any State of
destination that a confirmed imported fire ant infestation was found on
a shipment from a nursery considered free of the imported fire ant, the
department of agriculture in the State of origin shall cease its
certification of shipments from that nursery. An investigation by
Federal or State inspectors will commence immediately to determine the
probable source of the problem and to ensure that the problem is
resolved. If the problem is an infestation, issuance of certification
for movement on the basis of imported-fire-ant-free premises will be
suspended until treatment and elimination of the infestation is
completed. Reinstatement into the program will be granted upon
determination that the nursery premises are free of the imported fire
ant, and that all other provisions of this manual are being followed.
In cases where the issuance of certificates is suspended through
oral notification, the suspension and the reasons for the suspension
will be confirmed in writing within 20 days of the oral notification of
the suspension. Any person whose issuance of certificates has been
suspended may appeal the decision, in writing, within 10 days after
receiving the written suspension notice. The appeal must state all of
the facts and reasons that the person wants the Administrator to
consider in deciding the appeal. A hearing may be held to resolve any
conflict as to any material fact. Rules of practice for the hearing will
be adopted by the Administrator. As soon as practicable, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision.
Violations of the quarantine shall be investigated by Federal or
State inspectors and appropriate penalties will be assessed to
discourage further violations.
This imported-fire-ant-free nursery program is not mandatory for
movement of regulated articles. Plants, balled or in containers, may
otherwise be certified for movement using the chlorpyrifos, bifenthrin,
or tefluthrin treatments described in paragraph III.C.3 of this manual,
titled ``Plants, Balled or in Containers.'' However, certification for
movement under the imported-fire-ant-free nursery program will be
granted only if all of the provisions of this program are followed.
Certification Period: Continuous as long as all provisions of the
imported-fire-ant-free nursery program are followed.
5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to Harvest)
Material: Granular chlorpyrifos (any granular formulation that is
EPA registered) used in combination with:
Hydramethylnon (AMDRO) or
Fenoxycarb (AWARD) fire ant bait.
Dosage: Fenoxycarb (AWARD) or hydramethylnon
(AMDRO) at 1.5 lb (0.68 kg) bait/acre. Chlorpyrifos at 6.0 lb
(2.7 kg) a.i./acre.
Method: Apply fenoxycarb (AWARD) or hydramethylnon
(AMDRO) only when ants are actively foraging (follow EPA-
approved label directions for use). Broadcast application with any type
of equipment that can be calibrated to deliver 1.5 lb (0.68 kg) of bait
per acre. Three to five days after the fenoxycarb (AWARD) or
hydramethylnon (AMDRO) application, apply granular
chlorpyrifos broadcast at 6.0 lb (2.7 kg) a.i. per acre. Treatment area
must extend at least 10 feet beyond the base of all plants that are to
be certified.
Exposure Period: 30 days. Plants can be certified 30 days after
treatment.
Certification Period: 12 weeks.
Special Information: This in-field treatment is based on a
sequential application of fenoxycarb (AWARD) or hydramethylnon
(AMDRO) followed by granular chlorpyrifos. The combination
treatment is necessary since broadcast application of chlorpyrifos (or
other short-term residual insecticides) usually does not eliminate
large, mature IFA colonies, and no bait, including
[[Page 93]]
fenoxycarb (AWARD) or hydramethylnon (AMDRO), is
capable of providing a residual barrier against reinfestation by new
queens. Therefore, the fenoxycarb (AWARD) or hydramethylnon
(AMDRO) application will drastically reduce the IFA population
while chlorpyrifos, applied approximately 5 days later, will destroy any
remaining weakened colonies and also leave a residual barrier against
reinfestation by new queens for at least 12 weeks.
6. Blueberries and Other Fruit and Nut Nursery Stocks
Certain States have special local need labeling in accordance with
section 24(c) of FIFRA for D-z-n Diazinon AG-500 and D-z-
n Diazinon 50W, which APHIS will recognize as a regulatory
treatment for containerized nonbearing blueberries and fruit and nut
plants. Follow label directions for use.
7. Plants--Greenhouse Grown
Greenhouse grown plants are certifiable without treatment if the
inspector determines that the greenhouse is constructed of fiberglass,
glass, or plastic in such a way that IFA is physically excluded and
cannot become established within the enclosure. No other treatment of
the plants will be necessary if they are not exposed to infestation.
8. Grass--Sod
Material
Granular chlorpyrifos.
------------------------------------------------------------------------
Amount and dosage Certification
Material of material period
------------------------------------------------------------------------
Chlorpyrifos (any granular 4.0 lb (1.8 kg) 4 weeks (after
formation that is registered). a.i./acre. exposure period
has been
completed).
Chlorpyrifos (any granular 6.0 lb (2.7 kg) 10 weeks (after
formation that is registered). a.i./acre. exposure period
has been
completed).
------------------------------------------------------------------------
Exposure Period: 48 hours.
Method
1. Apply a single broadcast application of granular chlorpyrifos
with ground equipment.
2. Immediately after treatment, water the treated areas with at
least \1/2\ inch of water.
Chlorpyrifos wettable powder Dursban 50-WP: Follow label
directions for regulatory treatment for IFA.
9. Soil--Bulk
Method: Bulk soil is eligible for movement when heated either by dry
or steam heat after all parts of the mass have been brought to the
required temperature.
Temperature: 150 deg. F (65.5 deg. C).
Certification Period: As long as protected from recontamination.
10. Soil Samples
Soil samples are eligible for movement when heated or frozen as
follows:
Heat
Method: Soil samples are heated either by dry heat or steam heat.
All parts of the mass must be brought to the required temperature.
Temperature: 150 deg. F (65.5 deg. C).
Certification Period: As long as protected from recontamination.
Cold
Method: Soil samples are frozen in any commercial cold storage,
frozen food locker, or home freezer capable of rapidly reducing to and
maintaining required temperature. Soil samples will be placed in
containers, such as plastic bags--one sample per bag. The containers
will be arranged in the freezer in a manner to allow the soil samples to
freeze in the fastest possible time. If desired, the frozen samples may
be shipped in one carton.
Temperature: -10 deg. to -20 deg. F (-23 deg. to -29 deg. C) for at
least 24 hours.
Certification Period: As long as protected from recontamination.
D. Mitigative Measures. The following measures are required to
minimize impact on the environment and human health. Any person
requesting certification to authorize the movement of regulated articles
must adhere to these measures where applicable.
1. All applicable Federal, State, and local environmental laws and
regulations must be followed.
2. Safety equipment and clothing, as specified by the label
instructions, must be used and worn during treatments and during
inspections.
3. Safety practices shall be communicated, and regulated
establishment managers must require that on-the-job safety practices be
followed.
4. All pesticides must be applied, handled, stored, and used in
accordance with label instructions.
5. Empty pesticide containers must be disposed of in accordance with
Federal and State regulations.
6. Pesticide remaining in containers after completion of an
application must be retained and disposed of in accordance with label
instructions and Federal and State regulations.
7. Oral or written warning must be provided to workers and the
general public, indicating pesticide application areas during
application and appropriate reentry periods.
8. Owners/managers of regulated properties must take precautions to
limit access by the
[[Page 94]]
public, livestock, and wildlife to treated areas.
9. Accidental spill or water runoff of liquid or granular pesticides
leading to potential contamination of ground and surface waters must be
minimized by appropriate operating procedures. Catchment facilities
(temporary or permanent) adequate to prevent contamination of ground and
surface water are necessary in loading areas where liquid drenches and
immersions are applied.
10. An environmental monitoring plan, including monitoring
procedures, must be implemented by APHIS. Monitoring must be conducted
to determine if additional mitigative measures are necessary.
[57 FR 57327, Dec. 4, 1992, as amended at 58 FR 57954, Oct. 28, 1993; 59
FR 48779, Sept. 23, 1994; 59 FR 67609, Dec. 30, 1994; 62 FR 30740, June
5, 1997]
Subpart--Unshu Oranges [Reserved]
Subpart--Golden Nematode
Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.
Quarantine and Regulations
Sec. 301.85 Quarantine; restriction on interstate movement of specified regulated articles.
(a) Notice of quarantine. Pursuant to the provisions of sections 8
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and
section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150ee),
the Secretary of Agriculture heretofore determined after public hearing
that it was necessary to quarantine the State of New York in order to
prevent the spread of the golden nematode (Heterodera rostochiensis),
which causes a dangerous disease of potatoes and certain other plants,
and not theretofore widely prevalent or distributed within and
throughout the United States. Therefore, under the authority of said
provisions, the Secretary hereby continues to quarantine the State of
New York, with respect to the interstate movement from the quarantined
State of the articles described in paragraph (b) of this section, issues
the regulations in this subpart governing such movement, and gives
notice of said quarantine and regulations.
(b) Quarantine restrictions on interstate movement of specified
regulated articles. No common carrier or other person shall move
interstate from any quarantined State any of the following articles
(defined in Sec. 301.85-1(q) as regulated articles), except in
accordance with the conditions prescribed in this subpart:
(1) Soil, compost, humus, muck, peat, and decomposed manure,
separately or with other things.
(2) Plants with roots, except soil-free aquatic plants.
(3) Grass sod.
(4) Plant crowns and roots for propagation.
(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
(6) Irish potatoes included within any one or more of the following
paragraph (b)(6)(i), (ii), or (iii) of this section:
(i) Irish potatoes for seed; and
(ii) Irish potatoes unless--
(A) Each is at least 1\1/2\ inches in diameter based on measurement
by a sizing screen or sizing chain, each is substantially free of soil
as a result of grading (a method of removing soil mechanically) under a
compliance agreement in accordance with Sec. 301.85-5(b), and they are
moved in an approved container; or
(B) Each is substantially free of soil as a result of washing or
fluming under a compliance agreement in accordance with Sec. 301.85-
5(b), and they are moved in an approved container; or
(iii) Irish potatoes harvested from a field tested and found by an
inspector to contain an identifiable population of viable golden
nematodes, unless such field had been subsequently treated in accordance
with paragraph (b)(6)(ii) (A), (B), or (C) of this section under the
supervision of an inspector and in accordance with any additional
conditions found necessary by the inspector to assure effective
application of the pesticide used; and unless headlands and farm roads
are treated in accordance with paragraph (b)(6)(iii)(D) of this section:
(A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2
dichloropropane, and other related compounds, 80 percent; plus methyl
isothiocyanate, 20 percent active ingredients) per hectare (15 gallons
per acre); two applications 5 to 10 days
[[Page 95]]
apart with a third application 5 to 10 days after the second application
to areas in which the inspector finds upon microscopic examination of
soil samples that viable golden nematodes may still exist; soil to be
from 3 deg. C to 29 deg. C (38 deg. F to 84 deg. F).
(B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2
dichloropropane, and other related compounds, 100 percent active
ingredients) per hectare (30 gallons per acre); two applications 5 to 10
days apart with a third application 5 to 10 days after the second
application to areas in which the inspector finds upon microscopic
examination of soil samples that viable golden nematodes may still exist
(consult product label for heavier dosage in muck or peat soils); soil
to be from 4.5 deg. C to 29 deg. C (40 deg. F to 84 deg. F).
(C) Applications of 168.4 liters of Telone II (1,3 dichloropropene,
92 percent active ingredient) per hectare (18 gallons per acre); two
applications 5 to 10 days apart with a third application 5 to 10 days
after the second application to areas in which the inspector finds upon
microscopic examination of soil samples that viable golden nematodes may
still exist (consult product label for heavier dosage in muck or peat
soils); soil to be from 4.5 deg. C to 32 deg. C (40 deg. F to 90 deg.
F).
(D) Application of Vapam (sodium-N-methyl dithiocarbamate, 32.7
percent active ingredient) mixed with water at the rate of 1 part Vapam
to 60 parts water and applied as a drench at the rate of 14.96 cubic
meters per hectare (1600 gallons per acre); soil to be from 4.5 deg. C
to 32 deg. C (40 deg. F to 90 deg. F).
(7) Root crops other than Irish potatoes.
(8) Small grains and soybeans.
(9) Hay, straw, fodder, and plant litter, of any kind.
(10) Ear corn, except shucked ear corn.
(11) Used crates, boxes, and burlap bags, and other used farm
products containers.
(12) Used farm tools.
(13) Used mechanized cultivating equipment and used harvesting
equipment.
(14) Used mechanized soil-moving equipment.
(15) Any other products, articles, or means of conveyance of any
character whatsoever, not covered by paragraphs (b) (1) through (14) of
this section, when it is determined by an inspector that they present a
hazard of spread of golden nematode, and the person in possession
thereof has been so notified.
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982]
Sec. 301.85-1 Definitions.
Terms used in the singular form in this subpart shall be deemed to
import the plural and vice versa, as the case may demand. The following
terms, when used in this subpart shall be construed respectively to
mean:
(a) Certificate. A document issued or authorized to be issued under
this subpart by an inspector to allow the interstate movement of
regulated articles to any destination.
(b) Compliance agreement. A written agreement between a person
engaged in growing, handling, or moving regulated articles, and the
Plant Protection and Quarantine Programs, wherein the former agrees to
comply with the requirements of this subpart identified in the agreement
by the inspector who executes the agreement on behalf of the Plant
Protection and Quarantine Programs as applicable to the operations of
such person.
(c) Deputy Administrator. The Deputy Administrator of the Plant
Protection and Quarantine Programs, Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or any other officer or
employee of said service to whom authority to act in his stead has been
or may hereafter be delegated.
(d) Farm tools. An instrument worked or used by hand, e.g., hoes,
rakes, shovels, axes, hammers, and saws.
(e) Generally infested area. Any part of a regulated area not
designated as a suppressive area in accordance with Sec. 301.85-2.
(f) Golden nematode. The nematode known as the golden nematode
(Heterodera rostochiensis), in any stage of development.
(g) Infestation. The presence of the golden nematode or the
existence of circumstances that make it reasonable
[[Page 96]]
to believe that the golden nematode is present.
(h) Inspector. Any employee of the Plant Protection and Quarantine
Programs, Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, or other person, authorized by the Deputy Administrator to
enforce the provisions of the Quarantine and regulations in this
subpart.
(i) Interstate. From any State into or through any other State.
(j) Limited permit. A document issued or authorized to be issued by
an inspector to allow the interstate movement of noncertifiable
regulated articles to a specified destination for limited handling,
utilization or processing or for treatment.
(k) Mechanized cultivating equipment; and mechanized harvesting
equipment. Mechanized equipment used for soil tillage, including tillage
attachments for farm tractors, e.g., tractors, disks, plows, harrows,
planters, and subsoilers; mechanized equipment used for harvesting
purposes, e.g., combines, potato conveyors, and harvesters and hay
balers.
(l) Mechanized soil-moving equipment. Equipment used for moving or
transporting soil, e.g., draglines, bulldozers, dump trucks, road
scrapers, etc.
(m) Moved (movement, move). Shipped, deposited for transmission in
the mail, otherwise offered for shipment, received for transportation,
carried, or otherwise transported, or moved, or allowed to be moved, by
mail or otherwise. ``Movement'' and ``move'' shall be construed in
accordance with this definition.
(n) Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
(o) Plant Protection and Quarantine Programs. The organizational
unit within the Animal and Plant Health Inspection Service delegated
responsibility for enforcing provisions of the Plant Quarantine Act and
Federal Plant Pest Act, and regulations promulgated thereunder.
(p) Regulated area. Any quarantined State, or any portion thereof,
listed as a regulated area in Sec. 301-85-2a, or otherwise designated as
a regulated area in accordance with Sec. 301.85-2(b).
(q) Regulated article. Any articles as described in Sec. 301.85(b).
(r) Restricted destination permit. A document issued or authorized
to be issued by an inspector to allow the interstate movement of
regulated articles not certifiable under all applicable Federal domestic
plant quarantines to a specified destination for other than scientific
purposes.
(s) Scientific permit. A document issued by the Deputy Administrator
to allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
(t) Soil. That part of the upper layer of earth in which plants can
grow.
(u) State. Any State, territory, or district of the United States,
including Puerto Rico.
(v) Suppressive area. That portion of a regulated area where
eradication of infestation is undertaken as an objective, as designated
under Sec. 301.85-2(a).
(w) Treatment manual. The provisions currently contained in the
``Manual of Administratively Authorized Procedures to be Used Under the
Golden Nematode Quarantine'' and the ``Fumigation Procedures Manual.''
\1\
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\1\ Pamphlets containing such provisions are available upon request
to the Deputy Administrator, Plant Protection and Quarantine Programs,
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, Washington, DC 20250, or from an inspector.
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982]
Sec. 301.85-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles
from certification, permit, or other requirements.
(a) Regulated areas and suppressive or generally infested areas. The
Deputy Administrator shall list as regulated areas, in a supplemental
regulation designated as Sec. 301.85-2a, each quarantined State; or each
portion thereof in which golden nematode has been found or in which
there is reason to believe that golden nematode is present, or which it
is deemed necessary to regulate because of their proximity to
infestation or their inseparability for quarantine enforcement purposes
from
[[Page 97]]
infested localities. The Deputy Administrator, in the supplemental
regulation, may divide any regulated area into a suppressive area or a
generally infested area in accordance with the definitions thereof in
Sec. 301.85-1. Less than an entire quarantined State will be designated
as a regulated area only if the Deputy Administrator is of the opinion
that:
(1) The State has adopted and is enforcing a quarantine or
regulation which imposes restrictions on the intrastate movement of the
regulated articles which are substantially the same as those which are
imposed with respect to the interstate movement of such articles under
this subpart; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the interstate spread of the
golden nematode.
(b) Temporary designation of regulated areas and suppressive or
generally infested areas. The Deputy Administrator or an authorized
inspector may temporarily designate any other premises in a quarantined
State as a regulated area and a suppressive or generally infested area,
in accordance with the criteria specified in paragraph (a) of this
section for listing such area, by serving written notice thereof on the
owner or person in possession of such premises, and thereafter the
interstate movement of regulated articles from such premises by any
person having notice of the designation shall be subject to the
applicable provisions of this subpart. As soon as practicable, such
premises shall be added to the list in Sec. 301.85-2a if a basis then
exists for their designation; otherwise the designation shall be
terminated by the Deputy Administrator or an authorized inspector and
notice thereof shall be given to the owner or person in possession of
the premises.
(c) Termination of designation as a regulated area and a suppressive
or generally infested area. The Deputy Administrator shall terminate the
designation provided for under paragraph (a) of this section of any area
listed as a regulated area and suppressive or generally infested area
when he determines that such designation is no longer required under the
criteria specified in paragraph (a) of this section.
(d) Exemption of articles from certification, permit, or other
requirements. The Deputy Administrator may, in a supplemental regulation
designated as Sec. 301.85-2b, list regulated articles or movements of
regulated articles which shall be exempt from the certification, permit,
or other requirements of this subpart under such conditions as he may
prescribe, if he finds that facts exist as to the pest risk involved in
the movement of such regulated articles which make it safe to so relieve
such requirements.
Sec. 301.85-2a Regulated areas; suppressive and generally infested areas.
The civil divisions and parts of civil divisions described below are
designated as golden nematode regulated areas within the meaning of the
provisions of this subpart; and such regulated areas are hereby divided
into generally infested areas or suppressive areas as indicated below:
New York
(1) Generally infested area:
Cayuga County. The town of Montezuma.
Genesee County. The towns of Elba and Byron.
Livingston County. The towns of Avon, Caledonia, Geneseo, Groveland,
Leicester, Lima, Livonia, Mount Morris, West Sparta, and York.
Nassau County. The entire county.
Orleans County. The towns of Barre and Clarendon.
Seneca County. The town of Tyre.
Steuben County. The towns of Prattsburg and Wheeler; that area known
as ``Arkport Muck'' located in the town of Dansville and bounded by a
line beginning at a point where the Conrail right-of-way (Erie
Lackawanna Rail Road) intersects County Road 52 (known as Burns Road),
then north and northeast along County Road 52 to its junction with New
York Route 36, then south and southeast along New York Route 36 to its
intersection with the Dansville Town line, then west along the Dansville
Town line to its intersection with the Conrail right-of-way (Erie
Lackawanna Rail Road), then north and northwest along the Conrail right-
of-way to the point of beginning; and the Werth, Dale, farm, known as
the ``Werthwhile Farm,'' located in the town of Cohocton on the north
side of County Road 5 (known as Brown Hill Road), and 0.2 mile west of
the junction of County Road 5 with County Road 58 (known as Wager Road).
[[Page 98]]
Suffolk County. The entire county.
Wayne County. The town of Savannah.
(2) Suppressive area: None.
[51 FR 30050, Aug. 22, 1986]
Sec. 301.85-2b Exempted articles. \2\
---------------------------------------------------------------------------
\2\ The articles hereby exempted remain subject to applicable
restrictions under other quarantines and other provisions of this
subpart.
---------------------------------------------------------------------------
(a) The following articles are exempt from the certification and
permit requirements of this subpart if they meet the applicable
conditions prescribed in paragraphs (a) (1) through (4) of this section
and have not been exposed to infestation after cleaning or other
handling as prescribed in said paragraphs:
(1) Small grains, if harvested in bulk or directly into approved
containers, and if the small grains and containers thereof have not come
into contact with the soil; or, if they have been cleaned to meet State
seed sales requirements.
(2) Soybeans (other than for seed), if harvested in bulk or directly
into approved containers, and if the soybeans and containers thereof
have not come into contact with the soil.
(3) Unshucked ear corn, if harvested in bulk or directly into
approved containers, and if the corn and containers thereof have not
come into contact with the soil.
(4) Used farm tools, if cleaned free of soil.
(b) The following articles are exempt from the certification and
permit requirements of this subpart if they meet the applicable
conditions prescribed in paragraphs (b) (1) through (3) of this section
and have not been exposed to infestation after cleaning or other
handling as prescribed in said paragraphs: Provided, That this exemption
shall not apply to any class of regulated articles specified by an
inspector in a written notification to the owner or person in possession
of the premises that the movement of such articles from such premises
under this exemption would involve a hazard of spread of the golden
nematode:
(1) Root crops (other than Irish potatoes and sugar beets), if moved
in approved containers.
(2) Hay, straw, fodder, and plant litter, if moved in approved
containers.
(c) Containers of the following types are approved for the purposes
of this section:
(1) New paper bags; and consumer packages of any material except
cloth or burlap.
(2) Crates, pallet boxes, trucks, and boxcars, if free of soil.
[35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982]
Sec. 301.85-3 Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
(a) Any regulated articles except soil samples for processing,
testing, or analysis may be moved interstate from any quarantined State
under the following conditions:
(1) With certificate or permit issued and attached in accordance
with Secs. 301.85-4 and 301.85-7 if moved:
(i) From any generally infested area or any suppressive area into or
through any point outside of the regulated areas; or
(ii) From any generally infested area into or through any
suppressive area; or
(iii) Between any noncontiguous suppressive areas; or
(iv) Between contiguous suppressive areas when it is determined by
an inspector that the regulated articles present a hazard of the spread
of the golden nematode and the person in possession thereof has been so
notified; or
(v) Through or reshipped from any regulated area when such movement
is not authorized under paragraph (a)(2)(v) of this section; or
(2) From any regulated area, without certificate or permit if moved:
(i) Under the provisions of Sec. 301.85-2b which exempts certain
articles from certificate and permit requirements; or
(ii) From a generally infested area to a contiguous generally
infested area; or
(iii) From a suppressive area to a contiguous generally infested
area; or
(iv) Between contiguous suppressive areas unless the person in
possession of
[[Page 99]]
the articles has been notified by an inspector that a hazard of spread
of the golden nematode exists; or
(v) Through or reshipped from any regulated area if the articles
originated outside of any regulated area and if the point of origin of
the articles is clearly indicated, their identity has been maintained,
and they have been safeguarded against infestation while in the
regulated area in a manner satisfactory to the inspector; or
(3) From any area outside the regulated areas, if moved:
(i) With a certificate or permit attached; or
(ii) Without a certificate or permit, if:
(a) The regulated articles are exempt from certification and permit
requirements under the provisions of Sec. 301.85-2b; or
(b) The point of origin of such movement is clearly indicated on the
articles or shipping document which accompanies the articles and if the
movement is not made through any regulated area.
(b) Unless specifically authorized by the Deputy Administrator in
emergency situations, soil samples for processing, testing or analysis
may be moved interstate from any regulated area only to laboratories
approved \4\ by the Deputy Administrator and so listed by him in a
supplemental regulation. \5\ A certificate or permit is not required to
be attached to such soil samples except in those situations where the
Deputy Administrator has authorized such movement only with a
certificate or permit issued and attached in accordance with
Secs. 301.85-4 and 301.85-7. A certificate or permit is not required to
be attached to soil samples originating in areas outside of the
regulated areas if the point of origin of such movement is clearly
indicated on the articles or shipping document which accompanies the
articles and if the movement is not made through any regulated area.
---------------------------------------------------------------------------
\4\ Pamphlets containing provisions for laboratory approval may be
obtained from the Deputy Administrator, Plant Protection and Quarantine
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
\5\ For list of approved laboratories, see PP 639 (37 FR 7813,
15525, and amendments thereof).
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Sec. 301.85-4 Issuance and cancellation of certificates and permits.
(a) Certificates may be issued for any regulated articles (except
soil samples for processing, testing, or analysis) by an inspector if he
determines that they are eligible for certification for movement to any
destination under all Federal domestic plant quarantines applicable to
such articles and:
(1) Have originated in noninfested premises in a regulated area and
have not been exposed to infestation while within the regulated areas;
or
(2) Have been treated to destroy infestation in accordance with the
treatment manual; or
(3) Have been grown, produced, manufactured, stored, or handled in
such a manner that no infestation would be transmitted thereby.
(b) Limited permits may be issued by an inspector to allow
interstate movement of regulated articles (except soil samples for
processing, testing or analysis) not eligible for certification under
this subpart, to specified destinations for limited handling,
utilization, or processing, or for treatment in accordance with the
treatment manual, when, upon evaluation of the circumstances involved in
each specific case he determines that such movement will not result in
the spread of the golden nematode and requirements of other applicable
Federal domestic plant quarantines have been met.
(c) Restricted destination permits may be issued by an inspector to
allow the interstate movement (for other than scientific purposes) of
regulated articles (except soil samples for processing, testing, or
analysis) to any destination permitted under all applicable Federal
domestic plant quarantines if such articles are not eligible for
certification under all such quarantines but would otherwise qualify for
certification under this subpart.
(d) Scientific permits to allow the interstate movement of regulated
articles and certificates or permits to allow the movement of soil
samples for processing, testing, or analysis in emergency situations may
be issued by the Deputy Administrator under such
[[Page 100]]
conditions as may be prescribed in each specific case by the Deputy
Administrator to prevent the spread of the golden nematode.
(e) Certificate, limited permit, and restricted destination permit
forms may be issued by an inspector to any person for use for subsequent
shipments of regulated articles (except for soil samples for processing,
testing, or analysis) provided such person is operating under a
compliance agreement; and any such person may be authorized by an
inspector to reproduce such forms on shipping containers or otherwise.
Any such person may execute and issue the certificate forms, or
reproductions of such forms, for the interstate movement of regulated
articles from the premises of such person identified in the compliance
agreement if such person has treated such regulated articles to destroy
infestation in accordance with the treatment manual, and if such
regulated articles are eligible for certification for movement to any
destination under all Federal domestic plant quarantines applicable to
such articles. Any such person may execute and issue the limited permit
forms, or reproductions of such forms, for interstate movement of
regulated articles to specified destinations when the inspector has made
the determinations specified in paragraph (b) of this section. Any such
person may execute and issue the restricted destination permit forms, or
reproductions of such forms, for the interstate movement of regulated
articles not eligible for certification under all Federal domestic plant
quarantines applicable to such articles, under the conditions specified
in paragraph (c) of this section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector or the Deputy Administrator if he
determines that the holder thereof has not complied with any condition
for the use of such document imposed by this subpart. Prior to such
withdrawal, the holder of the certificate of permit shall be notified of
the proposed action and the reason therefor and afforded reasonable
opportunity to present his views thereon.
Sec. 301.85-5 Compliance agreement and cancellation thereof.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of such articles under this subpart. Compliance
agreement forms may be obtained from the Deputy Administrator or an
inspector.
(b) Any person engaged in the business of removing soil from Irish
potatoes by the process of grading, washing, or fluming may enter into a
compliance agreement concerning such operations. The compliance
agreement shall be a written agreement between the person conducting
such operations and Plant Protection and Quarantine wherein such person
agrees to conduct such operations in a manner which, in the judgment of
the inspector supervising enforcement of the quarantine and regulations,
will substantially remove the soil from the potatoes.
(c) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement whenever he finds, after notice and
reasonable opportunity to present views has been accorded to the other
party thereto, that such other party has failed to comply with the
conditions of the agreement.
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982]
Sec. 301.85-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 301.85-4(e)) who desire to move interstate regulated articles
which must be accompanied by a certificate or permit shall, as far in
advance as possible, request an inspector to examine the articles prior
to movement. Such articles shall be assembled at such points and in such
manner as the inspector designates to facilitate inspection.
Sec. 301.85-7 Attachment and disposition of certificates and permits.
(a) If a certificate or permit is required for the interstate
movement of regulated articles, the certificate or permit shall be
securely attached to the outside of the container in which
[[Page 101]]
such articles are moved, except that, where the certificate or permit is
attached to the waybill or other shipping document, and the regulated
articles are adequately described on the certificate, permit, or
shipping document, the attachment of the certificate or permit to each
container of the articles is not required.
(b) In all cases, certificates or permits shall be furnished by the
carrier to the consignee at the destination of the shipment.
Sec. 301.85-8 Inspection and disposal of regulated articles and pests.
Any properly identified inspector is authorized to stop and inspect,
and to seize, destroy, or otherwise dispose of, or require disposal of
regulated articles and golden nematodes as provided in section 10 of the
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal
Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued
by the Deputy Administrator.
Sec. 301.85-9 Movement of live golden nematodes.
Regulations requiring a permit for and otherwise governing the
movement of live golden nematodes in interstate or foreign commerce are
contained in the Federal Plant Pest Regulations in part 330 of this
chapter. Applications for permits for the movement of the pest may be
made to the Deputy Administrator.
Sec. 301.85-10 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
Subpart--Sugarcane Diseases
Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.
Quarantine and Regulations
Sec. 301.87 Quarantine; restrictions on interstate movement of specified articles.1, 2
---------------------------------------------------------------------------
\1\ Any property identified inspector is authorized to stop
and inspect persons and means of conveyance, and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise dispose
of regulated articles as provided in section 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7
U.S.C. 150dd).
\2\ Regulations concerning the movement of gummosis bacteria and
leaf scald bacteria in interstate or foreign commerce are contained in
part 330 of this chapter.
---------------------------------------------------------------------------
(a) Notice of quarantine. Pursuant to sections 8 and 9 of the Plant
Quarantine Act of August 20, 1912, as amended, and sections 105 and 106
of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150dd, 150ee), the
Secretary of Agriculture hereby quarantines Hawaii in order to prevent
the artificial spread of leaf scald disease and quarantines Puerto Rico
in order to prevent the artifical spread of gummosis disease and leaf
scald disease; and hereby establishes regulations governing the
interstate movement from Hawaii and Puerto Rico of regulated articles
described in Sec. 301.87-2 of this subpart.
(b) Quarantine restrictions on interstate movement of regulated
articles. No common carrier or other person shall move interstate from
any regulated area any regulated article except in accordance with the
conditions prescribed in this subpart.
Sec. 301.87-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as the plural and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
Certificate. A document which is issued for a regulated article by
an inspector or by a person operating under a compliance agreement, and
which represents that the article is eligible for interstate movement in
accordance with Sec. 301.87-5(a) of this subpart.
[[Page 102]]
Compliance agreement. A written agreement between Plant Protection
and Quarantine and a person engaged in the business of growing,
handling, or moving regulated articles, in which the person agrees to
comply with the provisions of this subpart and any conditions imposed
pursuant to such provisions.
Deputy Administrator. The Deputy Administrator of the Animal and
Plant Health Inspection Service, U.S. Department of Agriculture for
Plant Protection and Quarantine, or any officer or employee of the
Department to whom authority to act in his or her stead has been or may
hereafter be delegated.
Gummosis disease. A dangerous plant disease of sugarcane which is
caused by the highly infectious bacterium, Xanthomonas vasculorum (Cobb)
Dowson, and which is not widely prevalent or distributed within and
throughout the United States.
Inspector. Any employee of Plant Protection and Quarantine, Animal
and Plant Health Inspection Service, U.S. Department of Agriculture, or
other person, authorized by the Deputy Administrator in accordance with
law to enforce the provisions of the quarantine and regulations in this
subpart.
Interstate. From any State into or through any other State.
Leaf scald disease. A dangerous plant disease of sugarcane which is
caused by the highly infectious bacterium, Xanthomonas albilineans
(Ashby) Dowson, and which is not widely prevalent or distributed within
and throughout the United States.
Limited permit. A document which is issued for a regulated article
by an inspector or by a person operating under a compliance agreement,
and which represents that the regulated article is eligible for
interstate movement in accordance with Sec. 301.87-5(b) of this subpart.
Moved (movement, move). Shipped, offered for shipment to a common
carrier, received for transportation or transported by a common carrier,
or carried, transported, moved, or caused or allowed to be moved by any
means. ``Movement'' and ``move'' shall be construed in accordance with
this definition.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Plant Protection and Quarantine. The organizational unit within the
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Quarantine Act, the Federal Plant Pest Act, and related
legislation, and quarantines and regulations promulgated under these
laws.
Regulated area. Any quarantined State, or any portion thereof,
listed as a regulated area in Sec. 301.87-3(c) of this subpart, or
otherwise designated as a regulated area in accordance with Sec. 301.87-
3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.87-2(a), (b), (c),
(d), or otherwise designated as a regulated article in accordance with
Sec. 301.87-2(e).
State. Any State, Territory, or District of the United States,
including the Commonwealth of Puerto Rico.
Sugarcane disease. This means leaf scald disease with respect to
activities in Hawaii, and means gummosis disease or leaf scald disease
with respect to activities in Puerto Rico.
[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]
Sec. 301.87-2 Regulated articles.
(a) Sugarcane plants, whole or in part, including true seed and
bagasse, but not including pieces of cane boiled for a minimum of 30
minutes during processing into sugarcane chews;
(b) Used sugarcane processing equipment (sugarcane mill equipment,
such as equipment used for extracting and refining sugarcane juice; and
experimental devices, such as devices used for extracting sugarcane
juice);
(c) Used sugarcane field equipment (equipment used for sugarcane
field production purposes, e.g. planters, tractors, discs, cultivators,
and vehicles);
(d) Sugarcane juice; and
(e) Any other product, article, or means of conveyance, of any
character whatsoever, not covered by paragraph (a), (b), (c), or (d) of
this section, when it is determined by an inspector that it presents a
risk of spread of a sugarcane disease and the person in possession of it
has actual notice that the product,
[[Page 103]]
article, or means of conveyance is subject to the restrictions of this
section.
[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]
Sec. 301.87-3 Regulated areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator shall list as a regulated area in paragraph (c)
of this section, each quarantined State, or each portion thereof, in
which a sugarcane disease has been found by an inspector or in which the
Deputy Administrator has reason to believe that a sugarcane disease is
present, or each portion of a quarantined State which the Deputy
Administrator deems necessary to regulate because of its proximity to a
sugarcane disease or its inseparability for quarantine enforcement
purposes from localities in which a sugarcane disease occurs. Less than
an entire quarantined State will be designated as a regulated area only
if the Deputy Administrator is of the opinion that:
(1) The State has adopted and is enforcing a quarantine or
regulation which imposes restrictions on the intrastate movement of the
regulated articles which are substantially the same as those which are
imposed with respect to the interstate movement of such articles under
this subpart; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the artificial interstate
spread of a sugarcane disease.
(b) The Deputy Administrator or an inspector may temporarily
designate any nonregulated area in a quarantined State as a regulated
area in accordance with the criteria specified in paragraph (a) of this
section for listing such an area. Written notice of the designation
shall be given to the owner or person in possession of the nonregulated
area and, thereafter, the interstate movement of any regulated article
from the area shall be subject to the applicable provisions of this
subpart. As soon as practicable, the area shall be added to the list in
paragraph (c) of this section or the designation shall be terminated by
the Deputy Administrator or an inspector, and notice thereof shall be
given to the owner or person in possession of the area.
(c) The areas described below are designated as regulated areas;
Hawaii
All of Hawaii.
Puerto Rico.
All of Puerto Rico.
Sec. 301.87-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.3
---------------------------------------------------------------------------
3 Requirements under all other applicable Federal domestic
plant quarantines must also be met.
---------------------------------------------------------------------------
Any regulated article may be moved interstate from any regulated
area in a quarantined State if moved under the following conditions:
(a) With a certificate or limited permit issued and attached in
accordance with Secs. 301.87-5 and 301.87-8 of this subpart, or
(b) Without a certificate or limited permit, if
(1) Moved directly through any regulated area, and
(2) The article originated outside of any regulated area, and
(3) The point of origin of the article is clearly indicated by
shipping documents, its identity has been maintained, and it has not
been used for the production of sugarcane while in the regulated area.
Sec. 301.87-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate shall be issued by an inspector for the movement
of a regulated article if the inspector:
(1)(i) Determines that it has been treated under the direction of an
inspector 4 in accordance with Sec. 301.87-10 of this
subpart, or
---------------------------------------------------------------------------
4 Treatments shall be monitored by inspectors in order to
assure compliance with requirements in this subpart.
---------------------------------------------------------------------------
(ii) Determines based on inspection of the article and the premises
of origin that it is free from sugarcane diseases; 5
---------------------------------------------------------------------------
5 The term sugarcane diseases means leaf scald disease with
respect to movement of regulated articles from Hawaii and means gummosis
disease and leaf scald disease with respect to movements of regulated
articles from Puerto Rico.
---------------------------------------------------------------------------
[[Page 104]]
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of
sugarcane diseases pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); 6 and
---------------------------------------------------------------------------
6 Section 105 of the Federal Plant Pest Act (7 U.S.C.
150dd) provides, among other things, that the Secretary of Agriculture
may, whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States, seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means of conveyance, which is moving into or through the United States
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest.
---------------------------------------------------------------------------
(3) Determines that it is eligible for unrestricted movement under
all other Federal domestic plant quarantines applicable to the article.
(b) A limited permit shall be issued by an inspector for the
movement of a regulated article if the inspector:
(1) Determines, in consultation with the Deputy Administrator, that
it is to be moved:
(i) For a specified purpose (such as for consumption or
manufacturing) stated on the limited permit, other than for processing
or harvesting sugarcane; and
(ii) To a specified destination stated on the limited permit, which
is not in a county or parish where sugarcane is produced, and which is
not within 10 miles of a sugarcane field;
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of
sugarcane diseases pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); 6 and
(3) Determines that it is eligible for such movement under all other
Federal domestic plant quarantines applicable to the article.
(c) Certificates and limited permits for shipments of regulated
articles may be issued by an inspector or by any person engaged in the
business of growing, handling, or moving regulated articles provided
such person is operating under a compliance agreement. Any such person
may execute and issue a certificate for the interstate movement of a
regulated article if the person has treated the regulated article to
destroy infection in accordance with the provisions of Sec. 301.87-10 of
this subpart and the inspector has made the determination that the
article is otherwise eligible for a certificate in accordance with
paragraph (a) of this section; or if the inspector has made the
determination that the article is eligible for a certificate in
accordance with paragraph (a) of this section without such treatment.
Any such person may execute and issue a limited permit for interstate
movement of a regulated article when the inspector has made the
determination that the article is eligible for a limited permit in
accordance with paragraph (b) of this section.
(d) Any certificate or limited permit which has been issued or
authorized may be withdrawn by an inspector if the inspector determines
that its holder has not complied with any condition under the
regulations for its use. The reasons for the withdrawal shall be
confirmed in writing as promptly as circumstances allow. Any person
whose certificate or limited permit has been withdrawn may appeal the
decision in writing to the Deputy Administrator within ten days after
receiving the written notification of the withdrawal. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the certificate or limited permit was wrongfully withdrawn. The
Deputy Administrator shall grant or deny the appeal in writing, stating
the reasons for the decision as promptly as circumstances allow. If
there is a conflict as to any material fact, a hearing shall be held to
resolve the conflict under rules of practice which shall be adopted by
the Administrator of the Animal and Plant Health Inspection Service,
USDA, for the proceeding.
Sec. 301.87-6 Compliance agreement; cancellation.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of regulated articles under
[[Page 105]]
this subpart. \7\ The compliance agreement shall be a written agreement
between a person engaged in such a business and Plant Protection and
Quarantine, in which the person agrees to comply with the provisions of
this subpart and any conditions imposed pursuant to such provisions.
---------------------------------------------------------------------------
\7\ Compliance Agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236, and from local offices of Plant
Protection and Quarantine. (Local offices are listed in telephone
directories.)
---------------------------------------------------------------------------
(b) Any compliance agreement may be canceled orally or in writing by
the inspector who is supervising its enforcement whenever the inspector
finds that such person has failed to comply with the provisions of this
subpart or any conditions imposed pursuant to such provisions. If the
cancellation is oral, the decision and the reasons for the cancellation
shall be confirmed in writing as promptly as circumstances allow. Any
person whose compliance agreement has been canceled may appeal the
decision, in writing, to the Deputy Administrator within ten days after
receiving written notification of the cancellation. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully cancelled. The Deputy
Administrator shall grant or deny the appeal, in writing, stating the
reasons for the decision, as promptly as circumstances allow. If there
is a conflict as to any material fact, a hearing shall be held to
resolve the conflict under rules of practice which shall be adopted by
the Administrator of the Animal and Plant Health Inspection Service,
USDA, for the proceeding.
[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.87-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.87-5(c) of this subpart) who desires
to move interstate a regulated article accompanied by a certificate or
limited permit shall, as far in advance as possible (should be no less
than 48 hours before the desired movement), request an inspector
8 to take any necessary action under this subpart prior to
movement of the regulated article.
---------------------------------------------------------------------------
\8\ Inspectors are assigned to local offices of Plant Protection and
Quarantine, which are listed in telephone directories. Information
concerning local offices may also be obtained from the Animal and Plant
Health Inspection Service, Plant Protection and Quarantine, Domestic and
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland
20737-1236.
---------------------------------------------------------------------------
(b) The regulated article shall be assembled at whatever point and
in whatever manner the inspector designates as necessary to comply with
the requirements of this subpart.
[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.87-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, at all times during such movement,
shall be securely attached to the outside of the container containing
the regulated article, securely attached to the article itself if not in
a container, or securely attached to the consignee's copy of the
accompanying waybill or other shipping document; provided however, that
the requirements of this section may be met by attaching the certificate
or limited permit to the consignee's copy of the waybill or other
shipping document only if the regulated article is sufficiently
described on the certificate, limited permit, or shipping document to
identify the article.
(b) The certificate or limited permit for the movement of a
regulated article shall be furnished by the carrier to the consignee at
the destination of the shipment.
Sec. 301.87-9 Costs and charges.
The services of the inspector shall be furnished without cost. The
U.S. Department of Agriculture will not be responsible for any costs or
charges incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
[[Page 106]]
Sec. 301.87-10 Treatments.
Treatment for regulated articles shall be as follows:
(a) Seedpieces (pieces of sugarcane, sets) or canes of sugarcane:
Presoak for 24 hours in water at room temperature and then immerse in
water at 50 deg. C (122 deg. F) for 3 hours.
Note: Some seedpieces or canes of sugarcane which have germinated
may be damaged by this procedure.
(b) True seed (fuzz): Immerse in 0.525 percent sodium hypochlorite
solution for 30 minutes (solution shall contain 1 part of solution
containing 5.25 percent sodium hypochlorite with 9 parts water by
volume). Air dry at least 8 hours before packaging.
(c) Bagasse: Subject to dry heat at 70 deg. C (158 deg. F) for 2
hours.
(d) Sugarcane harvesting and processing equipment: Remove all debris
and soil from the equipment with water at high pressure (at least 300
pounds per square inch) or with steam.
(e) Sugarcane juice: Heat at 100 deg. C (212 deg. F) for 10 or more
minutes.
[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]
Subpart--Karnal Bunt
Source: 61 FR 52207, Oct. 4, 1996, unless otherwise noted.
Sec. 301.89-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Certificate. A document in which an inspector or a person operating
under a compliance agreement affirms that a specified regulated article
meets the requirements of this subpart and may be moved to any
destination.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles, in which the
person agrees to comply with the provisions of this subpart and any
conditions imposed under this subpart.
Contaminated seed. Seed from sources in which the Karnal bunt
pathogen (Tilletia indica (Mitra) Mundkur) has been determined to exist.
Contract price. The net price after adjustment for any premiums or
discounts stated in the contract.
Conveyances. Containers used to move wheat, durum wheat, or
triticale, or their products, including trucks, trailers, railroad cars,
bins, and hoppers.
Distinct definable area. A commercial wheat production area of
contiguous fields that is separated from other wheat production areas by
desert, mountains, or other nonagricultural terrain as determined by an
inspector, or, in the case of restricted areas, as determined by an
inspector based on survey results.
Farm tools. An instrument worked or used by hand, e.g., hoes, rakes,
shovels, and axes.
Grain storage facility. That part of a grain handling operation or
unit or a grain handling operation, consisting or structures,
conveyances, and equipment that receive, unload, and store, grain, and
that is able to operate as an independent unit from other units of the
grain handling operation. A grain handling operation may be one grain
storage facility or may be comprised of many grain storage facilities on
a single premises.
Infestation (infected). The presence of Karnal bunt, or any stage of
development of the fungus Tilletia indica (Mitra) Mundkur, or the
existence of circumstances that make it reasonable to believe that
Karnal bunt is present.
Inspector. An APHIS employee or designated cooperator/collaborator
authorized by the Administrator to enforce the provisions of this
subpart.
Karnal bunt. A plant disease caused by the fungus Tilletia indica
(Mitra) Mundkur.
Limited permit. A document in which an inspector affirms that a
specified regulated article not eligible for a certificate is eligible
for movement only to a specified destination and in accordance with
conditions specified on the permit.
Mechanized cultivating equipment and mechanized harvesting
equipment. Mechanized equipment used for soil
[[Page 107]]
tillage, including tillage attachments for farm tractors--e.g.,
tractors, disks, plows, harrows, planters, and subsoilers; mechanized
equipment used for harvesting purposes--e.g., combines, cotton
harvesters, and hay balers.
Milling products and byproducts. Products and byproducts resulting
from processing wheat, durum wheat, or triticale, including animal feed,
waste and debris.
Movement (moved). The act of shipping, transporting, delivering, or
receiving for movement, or otherwise aiding, abetting, inducing or
causing to be moved.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Soil. The loose surface material of the earth in which plants grow,
in most cases consisting of disintegrated rock with an admixture of
organic material.
Soil-moving equipment. Equipment used for moving or transporting
soil, including, but not limited to, bulldozers, dump trucks, or road
scrapers.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62
FR 24751, May 6, 1997]
Sec. 301.89-2 Regulated articles.
The following are regulated articles:
(a) Conveyances, including trucks, railroad cars, and other
containers used to move wheat, durum wheat, or triticale;
(b) Grain elevators/equipment/structures used for storing and
handling wheat, durum wheat, and triticale;
(c) Milling products or byproducts, except flour;
(d) Plants, or plant parts, including grain, seed, or straw of all
varieties of the following species:
Wheat: Triticum aestivum;
Durum wheat: Triticum durum; and
Triticale: Triticum aestivum X Secale cereale;
(e) Tilletia indica (Mitra) Mundkur;
(f) Root crops with soil;
(g) Soil from areas where field crops are produced;
(h) Manure from animals that have fed on untreated or raw wheat,
durum wheat, or triticale;
(i) Used bags, sacks and containers;
(j) Used farm tools and equipment;
(k) Used mechanized cultivating equipment;
(l) Used mechanized harvesting equipment;
(m) Used seed conditioning equipment;
(n) Used mechanized soil-moving equipment; and
(o) Any other product, article or means of conveyance when:
(1) An inspector determines that it presents a risk of spreading
Karnal bunt due to its proximity to an infestation of Karnal bunt; and
(2) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
Sec. 301.89-3 Regulated areas.
(a) The Administrator will regulate each State or each portion of a
State that is infected.
(b) Less than an entire State will be listed as a regulated area
only if the Administrator:
(1)(i) Determines that the State has adopted and is enforcing
restrictions on the intrastate movement of the regulated articles listed
in Sec. 301.89-2 that are equivalent to the movement restrictions
imposed by this subpart; and
(ii) Determines that designating less than the entire State as a
regulated area will prevent the spread of Karnal bunt; or
(2) Exercises his or her extraordinary emergency authority under 7
U.S.C. 150dd.
(c) The Administrator may include noninfected acreage within a
regulated area due to its proximity to an infestation or inseparability
from the infected locality for regulatory purposes, as determined by:
(1) Projections of the spread of Karnal bunt along the periphery of
the infestation;
(2) The availability of natural habitats and host materials within
the noninfected acreage that are suitable for establishment and survival
of Karnal bunt; and
[[Page 108]]
(3) The necessity of including uninfected acreage within the
regulated area in order to establish readily identifiable boundaries.
(d) The Administrator or an inspector may temporarily designate any
nonregulated area as a regulated area in accordance with the criteria
specified in paragraphs (a), (b), and (c) of this section. The
Administrator will give written notice of this designation to the owner
or person in possession of the nonregulated area, or, in the case of
publicly owned land, to the person responsible for the management of the
nonregulated area. Thereafter, the movement of any regulated article
from an area temporarily designated as a regulated area is subject to
this subpart. As soon as practicable, this area either will be added to
the list of designated regulated areas in paragraph (f) of this section,
or the Administrator will terminate the designation. The owner or person
in possession of, or, in the case of publicly owned land, the person
responsible for the management of, an area for which the designation is
terminated will be given written notice of the termination as soon as
practicable.
(e) The Administrator will classify fields or areas within the
regulated boundaries as either restricted areas or surveillance areas
according to the following categories:
(1) Restricted areas for seed. A restricted area for seed is a
distinct definable area that includes at least one field that has been:
(i) Found during survey to contain a bunted wheat kernel;
(ii) Planted with seed from a lot found to contain a bunted wheat
kernel; or
(iii) Found during survey to contain spores consistent with Karnal
bunt and has been determined to be associated with grain at a handling
facility containing a bunted wheat kernel.
(2) Restricted areas for regulated articles other than seed.
Individual fields will be designated as restricted areas for regulated
articles other than seed under the following circumstances:
(i) The field was found during survey to contain a bunted wheat
kernel;
(ii) The field was planted with seed from a lot found to contain a
bunted wheat kernel; or
(iii) The field was found during survey to contain spores consistent
with Karnal bunt and has been determined to be associated with grain at
a handling facility containing a bunted wheat kernel.
(3) Surveillance areas. A surveillance area will be an area that
includes at least one field that was either:
(i) Found during survey to contain a bunted wheat kernel; or
(ii) Found to contain spores consistent with Karnal bunt and has
been determined to be associated with grain at a handling facility
containing a bunted wheat kernel.
(f) The following areas are designated as regulated areas, and those
areas are divided into restricted areas or surveillance areas as
indicated below. (Maps of the regulated areas may be obtained by
contacting the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, 4700 River Road Unit 134, Riverdale, MD
20737-1236.)
Arizona
(1) Restricted areas for seed.
La Paz County. The entire county.
Maricopa County. The entire county.
Pinal County. The entire county.
Yuma County. The entire county.
(2) Restricted areas for regulated articles other than seed. The
following numbered fields are restricted areas for the regulated
articles other than seed.
La Paz County
319050508
319052007
319072200
319072212
Maricopa County
301060505
301060506
301060601
301060602
301060603
301060604
301092503
301102505
301102506
301103502
302063605
302071004
[[Page 109]]
302071005
302071007
302071012
302071101
302071102
302071105
302071402
302071405
302071410
302071412
302071504
302071507
302071509
302072205
302072802
302073306
302073307
302073310
302073403
302073404
302073406
302073409
302110403
302110405
302110406
302112806
302131311
303102206
303111502
303111503
303113002
303112502
303112505
304023202
304031904
304031906
304073004
304073005
304073010
304081410
304081413
304081415
304081417
304081505
304081506
304082202
304082302
304082303
304082607
304082703
305031601
305031603
305050105
305050309
306013222
306013231
306020404
306020501
306020601
306020623
316123301
316123302
316123303
316131801
316131901
316131904
316132302
316132604
316150301
316152306
316152315
Pinal County
307011701
307011709
307012008
307012207
308102604
308102605
315220501
315220701
315220904
315221403
Yuma County
321010208
321010210E
321010301
32101SEC11
321033501
321033502
321033503
321040405
321040911
321040912
321040915
321040917
321041903
321041904
321041908
321041918
321042903
323030401
323030501
323030504
323030505
323030507
323030508
323030605A
323030608A
323030608B
(3) Surveillance areas.
La Paz County. Beginning at the northwest corner of sec. 6, T. 7 N.,
R. 21 W.; then east to the northeast corner of sec. 1, T. 7 N., R. 21
W.; then south to the southeast corner of sec. 1, T. 6 N., R. 21 W.;
then west to the southwest corner of sec. 6, T. 6 N., R. 21 W.; then
north to the point of beginning; and
Beginning at the northeast corner of sec. 22, T. 6 N., R. 21 W.;
then south to the southeast corner of sec. 34, T. 5 N., R. 21 W.; then
west to the Colorado River; then north along the Colorado River to the
northern side of sec. 21, T. 6 N., R. 22 W.; then east to the point of
beginning.
Maricopa County. Beginning at the southeast corner of sec. 36, T. 1
N., R.
[[Page 110]]
1 E.; then west to the southwest corner of sec. 31, T. 1 N., R. 1 E.;
then north to the northwest corner of sec. 19, T. 2 N., R. 1 E.; then
west to the northeast corner of sec. 20, T. 2 N., R. 1 W.; then south to
the southeast corner of sec. 29, T. 2 N., R. 1 W.; then west to the
south center of sec. 28, T. 2 N., R. 2 W.; then north to the north
center of sec. 33, T. 3 N., R. 2 W.; then east to the northeast corner
of sec. 36, T. 3 N., R. 2 W.; then north to the northwest corner of sec.
6, T. 3 N., R. 1 W.; then east to the northeast corner of sec. 1, T. 3
N., R. 1 W.; then south to the northeast corner of sec. 24, T. 3 N., R.
1 W.; then east to the northeast corner of sec. 24, T. 3 N., R. 1 E.;
then south to the point of beginning;
Beginning at the southwest corner of sec. 1, T. 1 S., R. 5 W.; then
north along the Hassayampa River to sec. 10, T. 1 N., R. 5 W.; then east
to the north center of sec. 16, T. 1 N., R. 4 W.; then south to the
southeast corner of sec. 4, T. 1 S., R. 4 W.; then west to the point of
beginning; and
Beginning at the southeast corner of sec. 36, T. 2 S., R. 5 E.; then
west to the southwest corner of sec. 32, T. 2 S., R. 5 E.; then north to
the northwest corner of sec. 20, T. 1 S., R. 5 E.; then east to the
northwest corner of sec. 20, T. 1 S., R. 6 E.; then north to the
northwest corner of sec. 8, T. 1 S., R. 6 E.; then east to the northeast
corner of sec. 12, T. 1 S., R. 6 E.; then south to the southeast corner
of sec. 1, T. 2 S., R. 6 E.; then west to the southwest corner of sec.
6, T. 2 S., R. 6 E.; then south to the point of beginning.
Pinal County. Beginning at the southwest corner of sec. 31, T. 5 S.,
R. 4 E.; then west to the southwest corner of sec. 33, T. 5 S., R. 3 E.;
then north to the northwest corner of sec. 33, T. 5 S., R. 3 E.; then
west to the southwest corner of sec. 26, T. 5 S., R. 2 E.; then north to
the west center of sec. 14, T. 4 S., R. 2 E.; then east to the east
center of sec. 14, T. 4 S., R. 3 E.; then south to the northeast corner
of sec. 2, T. 5 S., R. 3 E.; then east to the northeast corner of sec.
6, T. 5 S., R. 4 E.; then south to the point of beginning.
California
(1) Restricted areas for seed.
Imperial County. That portion of Imperial County known as the Bard-
Winterhaven area bounded by a line drawn as follows: Beginning at the
intersection of the west boundary line of Range 22 East and the
California-Arizona State line; then, north along this boundary line to
its intersection with the All American Canal; then northeasterly along
this canal to its intersection with the south boundary line of Section
25, Township 15 South, Range 23 East; then east along this line to its
intersection with the California-Arizona State line; then southerly and
westerly along this State line to the point of beginning; and
That portion of Imperial County known as the Palo Verde Valley (in
part) bounded by a line drawn as follows: Beginning at the intersection
of the Riverside-Imperial County line and the California-Arizona State
line; then, westerly and southerly along this State line to its
intersection with the north boundary line of Township 10 South; then
west along this boundary line to its intersection with the west boundary
line of Range 21 East; then north along this boundary line to its
intersection with the Riverside-Imperial County line; then easterly
along this County line to the point of beginning.
Riverside County. That portion of Riverside County known as the Palo
Verde Valley (in part) bounded by a line drawn as follows: Beginning at
the intersection of the north boundary line of Township 2 South and the
California-Arizona State line; then southerly and southwesterly along
this State line to its intersection with the Riverside-Imperial County
line; then westerly along this county line to its intersection with the
west boundary line of Range 21 East; then north along this boundary line
to its intersection with the north boundary line of Township 2 South;
then east along this boundary line to the point of beginning.
(2) Restricted areas for regulated articles other than seed. The
following numbered fields are restricted areas for the regulated
articles other than seed.
Riverside County
01 Desert
05 Desert
[[Page 111]]
09 Desert
11 Desert
12 Desert
23 Desert
28 Desert
44 Desert
55 Desert
56 Desert
57 Desert
N08 Desert
N09 Desert
N10 Desert
N11 Desert
N14 Desert
N15 Desert
N16 Desert
N17 Desert
N18 Desert
N19 Desert
N26 Desert
N27 Desert
N28 Desert
N29 Desert
N30 Desert
N31 Desert
N32 Desert
N33 Desert
N37 Desert
N42 Desert
N43 Desert
N44 Desert
N45 Desert
N46 Desert
N47 Desert
N48 Desert
N49 Desert
N50 Desert
N51 Desert
N52 Desert
N55 Desert
N56 Desert
N57 Desert
N58 Desert
N59 Desert
N117 Desert
N118 Desert
N119 Desert
N120 Desert
N121 Desert
N128 Desert
N129 Desert
N130 Desert
N136 Desert
(3) Surveillance areas.
Imperial County. That portion of Imperial County known as the Palo
Verde Valley (in part) bounded by a line drawn as follows: Beginning at
the intersection of the Riverside-Imperial County line and the
California-Arizona State line; then, westerly and southerly along this
State line to its intersection with the north boundary line of Township
10 South; then west along this boundary line to its intersection with
the west boundary line of Range 21 East; then north along this boundary
line to its intersection with the Riverside-Imperial County line; then
easterly along this County line to the point of beginning.
Riverside County. That portion of Riverside County known as the Palo
Verde Valley (in part) bounded by a line drawn as follows: Beginning at
the intersection of the north boundary line of Township 2 South and the
California-Arizona State line; then southerly and southwesterly along
this State line to its intersection with the Riverside-Imperial County
line; then westerly along this county line to its intersection with the
west boundary line of Range 21 East; then north along this boundary line
to its intersection with the north boundary line of Township 2 South;
then east along this boundary line to the point of beginning.
New Mexico
(1) Restricted areas for seed.
Dona Ana County. Beginning at the intersection of the Sierra-Dona
Ana County line and Interstate 25; then south along Interstate 25 to the
Texas State line; then west and south along the New Mexico-Texas State
line to the United States-Mexico boundary; then west along the United
States-Mexico boundary to the Luna-Dona Ana County line; then north and
east along the Dona Ana County line to the point of beginning.
Hidalgo County. Beginning at the intersection of the Arizona-New
Mexico State line and Interstate 10; then east along Interstate 10 to
the Hidalgo-Grant County line; then south and east along the Hidalgo
County line to the Luna County line; then south along the Hidalgo County
line to its southernmost point; then west and north along the Hidalgo
county line to point of beginning.
Luna County. Beginning at the intersection of the Grant-Luna County
line and Interstate 10; then east along Interstate 10 to U.S. Highway
180; then north along U.S. Highway 180 to State Route 26; then north
along State Route 26 to State Route 27; then north along State Route 27
to the Luna-Sierra County line; then east along the Luna County line to
the Dona Ana County
[[Page 112]]
line; then south along the Luna County line to the United States-Mexico
boundary; then west along the United States-Mexico boundary to the
Hidalgo County line; then north along the Luna County line to the point
of beginning.
Sierra County. Beginning at intersection of the Luna-Sierra County
line and State Route 27; then north along State Route 27 to State Route
152; then east along State Route 152 to Interstate 25; then south along
Interstate 25 to the Dona Ana County line; then west and south to the
Luna County line; then west along the Luna-Sierra County line to the
point of beginning; and
Beginning at the intersection of the Socorro-Sierra County line and
State Route 142; then southeast along State Route 142 to State Route 52;
then south along State Route 52 to Interstate 25; then north along
Interstate 25 to the Socorro-Sierra County line; then west along the
Socorro-Sierra County line to the point of beginning.
(2) Restricted areas for regulated articles other than seed. The
following numbered fields are restricted areas for the regulated
articles other than seed.
Dona Ana County
02-01
02-02
02-03
02-04
08-01
08-02
08-03
08-04
11-01
11-02
13-01
13-02
13-03
13-13
13-04
13-05
13-06
13-08
13-09
13-10
13-11
25-01
25-02
27-01
28-01
29-01
29-02
29-03
29-04
33-01
33-02
33-03
33-04
33-10
37-01
37-02
37-03
37-04
41-01
Hidalgo County
43-01
44-01
Luna County
46-01
46-02
49-01
49-02
49-03
49-04
49-05
49-06
49-07
49-08
49-09
49-10
49-11
49-12
49-13
62-01
62-02
62-03
65-01
65-02
65-03
65-04
69-01
69-02
71-01
71-02
71-03
71-04
71-05
71-06
71-07
Sierra County
29-05
29-06
33-05
33-06
33-07
33-08
33-09
33-11
79-01
79-02
81-01
81-02
81-03
81-04
81-05
81-06
81-07
81-08
81-09
[[Page 113]]
81-10
81-11
81-12
81-13
81-14
81-15
81-16
81-17
81-18
81-19
81-20
81-21
81-22
85-01
94-01
(3) Surveillance areas. None.
Texas
(1) Restricted areas for seed.
McCulloch County. Beginning at the McCulloch/San Saba County line
and the line of latitude 31.232299 N.; then west along the line of
latitude 31.232299 N. to the line of longitude -99.134731 W.; then north
along the line of longitude -99.134731 W. to the line of latitude
31.283487 N.; then east along the line of latitude 31.283487 N. to the
McCulloch/San Saba County line; then south along the McCulloch/San Saba
County line to the point of beginning.
Mills County. Beginning at the Mills/San Saba County line and the
line of latitude 31.310619 N.; then east along the line of latitude
31.310619 N. to the line of longitude -98.743705 W.; then south along
the line of longitude -98.743705 W. to the Mills/San Saba County line;
then west and north along the Mills/San Saba County line to the point of
beginning.
El Paso County. Beginning at a point on the Rio Grande River due
east from the intersection of County Route 659 and County Route 375;
then due east along an imaginary line to County Route 659; then north
along County Route 659 to Interstate 10; then southeast along Interstate
10 to the El Paso County line; then southwest along the El Paso County
line to the Rio Grande River; then north along the Rio Grande River to
the point of beginning.
Hudspeth County. Beginning at the intersection of the El Paso-
Hudspeth County line and Interstate 10; then southeast along Interstate
10 to County Route 34; then south along County Route 34 to County Route
192; then due south along an imaginary line to the Rio Grande River;
then northwest along the Rio Grande River to the El Paso-Hudspeth County
line; then north along the El Paso-Hudspeth County line to the point of
beginning.
San Saba County. The entire county.
(2) Restricted areas for regulated articles other than seed. The
following numbered fields are restricted areas for the regulated
articles other than seed.
El Paso County
IB-1
IB-2
IB-3
IB-4
IB-4A
IB-5
IB-6
IB-7
IB-8
IB-9
IB-10
IB-11
IB-12
IB-13
IB-14
IB-15
TD-20
TD-21
TD-22
TD-23
Hudspeth County
TD-16
TD-17
TD-18
TD-19
San Saba County.
40104 3201
40111 2801
40111 3301
40112 1901
40112 1902
40112 1903
40112 2001
40112 2101
40112 3301
40112 3401
40113 2302
40113 2401
40113 2405
40113 2406
40113 3302
40113 3303
40115 0701
40115 1601
(3) Surveillance areas.
McCulloch County. Beginning at the McCulloch/San Saba County line
and the line of latitude 31.232299 N.; then west along the line of
latitude 31.232299 N. to the line of longitude -99.134731
[[Page 114]]
W.; then north along the line of longitude -99.134731 W. to the line of
latitude 31.283487 N.; then east along the line of latitude 31.283487 N.
to the McCulloch/San Saba County line; then south along the McCulloch/
San Saba County line to the point of beginning.
Mills County. Beginning at the Mills/San Saba County line and the
line of latitude 31.310619 N.; then east along the line of latitude
31.310619 N. to the line of longitude -98.743705 W.; then south along
the line of longitude -98.743705 W. to the Mills/San Saba County line;
then west and north along the Mills/San Saba County line to the point of
beginning.
San Saba County. Beginning at the San Saba/Mills County line and the
line of longitude -98.743705 W.; then south along the line of longitude
-98.743705 W. to the line of latitude 31.167959 N.; then west along the
line of latitude 31.167959 N. to the line of longitude -98.903233 W.;
then north along the line of longitude -98.903233 W. to the line of
latitude 31.310819 N.; then east along the line of latitude 31.310819 N.
to the San Saba/Mills County line; then south along the San Saba/Mills
County line to the point of beginning; and
Beginning at the San Saba/McCulloch County line and the line of
latitude 31.283487 N.; then east along the line of latitude 31.283487 N.
to the line of longitude -99.063487 W.; then south along the line of
longitude -99.063487 W. to the line of latitude 31.232299 N.; then west
along the line of latitude 31.232299 N. to the San Saba/McCulloch County
line; then north along the San Saba/McCulloch County line to the point
of beginning.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62
FR 62505, Nov. 24, 1997; 63 FR 1, Jan. 2, 1998]
Sec. 301.89-4 Planting.
Wheat, durum wheat, and triticale may be planted in all fields
within a regulated area, except as follows:
(a) Wheat, durum wheat, and triticale may not be planted in a field
listed in Sec. 301.89-3(f) as a restricted area for regulated articles
other than seed.
(b) Prior to planting, wheat seed, durum wheat seed, and triticale
seed that originated within a regulated area must be:
(1) Tested and found free from spores and bunted wheat kernels; then
(2) Treated with a fungicide in accordance with Sec. 301.89-13(d).
[62 FR 23627, May 1, 1997]
Sec. 301.89-5 Movement of regulated articles from regulated areas.
(a) Any regulated article may be moved from a regulated area into or
through an area that is not regulated only if moved under the following
conditions:
(1) With a certificate or limited permit issued and attached in
accordance with Secs. 301.89-6 and 301.89-10;
(2) Without a certificate or limited permit, provided that each of
the following conditions is met:
(i) The regulated article was moved into the regulated area from an
area that is not regulated;
(ii) The point of origin is indicated on a waybill accompanying the
regulated article;
(iii) The regulated article is moved through the regulated area
without stopping, or has been stored, packed, or handled at locations
approved by an inspector as not posing a risk of contamination with
Karnal bunt, or has been treated in accordance with the methods and
procedures prescribed in Sec. 301.89-13 while in or moving through any
regulated area; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity;
(3) Without a certificate or limited permit, provided the regulated
article is a soil sample being moved to a laboratory approved by the
Administrator 1 to process, test, or analyze soil samples.
---------------------------------------------------------------------------
\1\ Criteria that laboratories must meet to become approved to
process, test, or analyze soil, and the list of currently approved
laboratories, may be obtained from the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Domestic and
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland
20737-1236.
---------------------------------------------------------------------------
(b) When an inspector has probable cause to believe a person or
means of conveyance is moving a regulated article, the inspector is
authorized to stop
[[Page 115]]
the person or means of conveyance to determine whether a regulated
article is present and to inspect the regulated article. Articles found
to be infected by an inspector, and articles not in compliance with the
regulations in this subpart, may be seized, quarantined, treated,
subjected to other remedial measures, destroyed, or otherwise disposed
of. Any treatments will be in accordance with the methods and procedures
prescribed in Sec. 301.89-13.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997]
Sec. 301.89-6 Issuance of a certificate or limited permit.
(a) An inspector 2 or person operating under a compliance
agreement will issue a certificate for the movement of a regulated
article outside a regulated area if he or she determines that the
regulated article:
---------------------------------------------------------------------------
\2\ Inspectors are assigned to local offices of APHIS, which are
listed in local telephone directories. Information concerning such local
offices may also be obtained from the Animal and Plant Health Inspection
Service, Plant Protection and Quarantine, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, or
from Karnal Bunt Project, 3658 E. Chipman Rd. Phoenix, Arizona 85040.
---------------------------------------------------------------------------
(1) Is eligible for unrestricted movement under all other applicable
Federal domestic plant quarantines and regulations;
(2) Is to be moved in compliance with any emergency conditions the
Administrator may impose under 7 U.S.C. 150dd to prevent the artificial
spread of Karnal bunt;3 and
---------------------------------------------------------------------------
\3\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd)
authorizes the Secretary of Agriculture to impose emergency measures
necessary to prevent the spread of plant pests new to, or not widely
prevalent or distributed within and throughout, the United States.
---------------------------------------------------------------------------
(3)(i) Is free of Karnal bunt infestation, based on laboratory
results of testing, and history of previous infestation;
(ii) Has been grown, produced, manufactured, stored, or handled in a
manner that would prevent infestation or destroy all life stages of
Karnal bunt; or
(iii) Has been treated in accordance with methods and procedures
prescribed in Sec. 301.89-13.
(b) To be eligible for movement under a certificate, grain from a
surveillance area must be tested upon being loaded into a means of
conveyance immediately prior to movement and found free from spores. If
spores are found, the grain will be eligible for movement only under a
limited permit issued in accordance with paragraph (c) of this section.
(c) An inspector or a person operating under a compliance agreement
will issue a limited permit for the movement within or outside the
regulated area of a regulated article not eligible for a certificate if
the inspector determines that the regulated article:
(1) Is to be moved to a specified destination for specified
handling, utilization, or processing (the destination and other
conditions to be listed in the limited permit and/or compliance
agreement), and this movement will not result in the artificial spread
of Karnal bunt because Karnal bunt will be destroyed or the risk
mitigated by the specified handling, utilization, or processing;
(2) Is to be moved in compliance with any additional emergency
conditions the Administrator may impose under 7 U.S.C. 150dd to prevent
the artificial spread of Karnal bunt; and
(3) Is eligible for movement under all other Federal domestic plant
quarantines and regulations applicable to the regulated article.
(d) [Reserved]
(e) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 301.89-7 or authorize reproduction of the certificates or limited
permits on shipping containers, or both, as requested by the person
operating under the compliance agreement. These certificates and limited
permits may then be completed and used, as needed, for the movement of
regulated articles that have met all of the requirements of paragraph
(a) or (b), respectively, of this section.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997]
[[Page 116]]
Sec. 301.89-7 Compliance agreements.
Persons who grow, handle, or move regulated articles may enter into
a compliance agreement \4\ if such persons review with an inspector each
provision of the compliance agreement, have facilities and equipment to
carry out disinfestation procedures or application of chemical materials
in accordance with Sec. 301.89-13, and meet applicable State training
and certification standards under the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters
into a compliance agreement with APHIS must agree to comply with the
provisions of this subpart and any conditions imposed under this
subpart.
---------------------------------------------------------------------------
\4\ Compliance agreements may be initiated by contacting a local
office of Plant Protection and Quarantine, which are listed in telephone
directories. The addresses and telephone numbers of local offices of
Plant Protection and Quarantine may also be obtained from the Animal and
Plant Health Inspection Service, Plant Protection and Quarantine, 4700
River Road Unit 134, Riverdale, Maryland 20737-1236, or from the Karnal
Bunt Project, 3658 E. Chipman Rd., Phoenix, Arizona 85040.
---------------------------------------------------------------------------
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997]
Sec. 301.89-8 Cancellation of a certificate, limited permit, or compliance agreement.
Any certificate, limited permit, or compliance agreement may be
canceled orally or in writing by an inspector whenever the inspector
determines that the holder of the certificate or limited permit, or the
person who has entered into the compliance agreement, has not complied
with this subpart or any conditions imposed under this subpart. If the
cancellation is oral, the cancellation will become effective immediately
and the cancellation and the reasons for the cancellation will be
confirmed in writing as soon as circumstances allow, but within 20 days
after oral notification of the cancellation. Any person whose
certificate, limited permit, or compliance agreement has been canceled
may appeal the decision, in writing, within 10 days after receiving the
written cancellation notice. The appeal must state all of the facts and
reasons that the person wants the Administrator to consider in deciding
the appeal. A hearing may be held to resolve any conflict as to any
material fact. Rules of practice for the hearing will be adopted by the
Administrator. As soon as practicable, the Administrator will grant or
deny the appeal, in writing, stating the reasons for the decision.
Sec. 301.89-9 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services of an inspector \5\ at least 24 hours before the services
are needed.
---------------------------------------------------------------------------
\5\ See footnote 3.
---------------------------------------------------------------------------
(b) The regulated articles must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997]
Sec. 301.89-10 Attachment and disposition of certificates and limited permits.
(a) The consignor must ensure that the certificate or limited permit
authorizing movement of a regulated article is, at all times during
movement, attached to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill: Provided, that
the descriptions of the regulated article on the certificate or limited
permit, and on the waybill, are sufficient to identify the regulated
article; and
(b) The carrier must furnish the certificate or limited permit
authorizing movement of a regulated article to the consignee at the
shipment's destination.
Sec. 301.89-11 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services.
The user will be responsible for all costs and charges arising from
inspection and other services provided outside of normal business hours.
[[Page 117]]
Sec. 301.89-12 Cleaning and disinfection.
(a) Used mechanized cultivating equipment, used seed-conditioning
equipment, used mechanized harvesting equipment, used farm tools, and
used mechanized soil-moving equipment must be cleaned and disinfected in
accordance with Sec. 301-89-12 prior to movement from a regulated area
and, within a regulated area, prior to movement from a field that tested
positive for Karnal bunt during the 1996-97 crop season.
(b) Prior to movement from a regulated area, vegetable crops must be
cleaned of all soil and plant debris, or be moved under limited permit
to processing facilities approved by the Administrator.
Sec. 301.89-13 Treatments.
(a) All conveyances, mechanized farm equipment, seed-conditioning
equipment, soil-moving equipment, farm tools, grain elevators and
structures used for storing and handling wheat, durum wheat, or
triticale required to be cleaned and disinfected under this subpart must
be cleaned by removing all soil and plant debris and disinfected by one
of the methods specified in paragraph (a)(1) through (a)(4). The
treatment used must be that specified by an inspector if that treatment
is deemed most effective in a given situation:
(1) Wetting all surfaces to the point of runoff with a solution of
1.5 percent sodium hypochlorite--e.g., with a solution of sodium
hypochlorite mixed with water applied at the rate of 1 gallon of
household chlorine bleach (5.2 percent sodium hypochlorite) mixed with
2.5 gallons of water--and letting stand for 15 minutes. The equipment or
site should be thoroughly washed down after 15 minutes to minimize
corrosion; or
(2) Applying steam to all surfaces until the point of runoff, and so
that a critical temperature of 170 deg.F is reached at the point of
contact;
(3) Cleaning with a solution of hot water and detergent, applied
under pressure of at least 30 pounds per square inch, at a minimum
temperature of 180 deg.F; or
(4) Fumigating with methyl bromide at the dosage of 15 pounds/1000
cubic feet for 96 hours.
(b) Soil, and straw/stalks/seed heads for decorative purposes must
be treated by fumigation with methyl bromide at the dosage of 15 pounds/
1000 cubic feet for 96 hours, except that straw may move outside the
regulated area without treatment if it has been processed or
manufactured prior to movement, and is intended for use indoors.
(c) Millfeed must be treated with a moist heat treatment of 170 deg.
F for at least 1 minute if the millfeed resulted from the milling of
grain from one of the following types of fields:
(1) Fields in which preharvest samples test positive for Karnal bunt
during the 1996-1997 crop season; and
(2) Fields located in a restricted area.
(d) Seed for planting must be treated by one of the following
methods:
(1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent,
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed;
(2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene
(2.23 lb. ai./gal.) per 100 pounds of seed;
(3) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid per 100 pounds of seed;
(4) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent,
0.91 + 0.91 lb. ai./gal.) flowable liquid per 100 pounds of seed; or
(5) With 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./
gal.) per 100 pounds of seed.
(e) Seed used for germplasm or for research purposes must be treated
with a 1.5 percent aqueous solution of sodium hypochlorite (=30 percent
household bleach) containing 2 ml. of Tween 20TM per liter
agitated for 10 minutes at room temperature followed by a 15-minute
rinse with clean, running water and then by drying, and either:
(1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent,
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed; or
(2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable
[[Page 118]]
liquid and 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.)
per 100 pounds of seed.
(f) Bags, sacks, and containers used for seed infected with the
pathogen of Karnal bunt must be fumigated with methyl bromide at the
dosage of 15 pounds/1000 cubic feet for 96 hours.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 64265, Dec. 5, 1997]
Sec. 301.89-14 Compensation for the 1995-1996 crop season.
The following individuals are eligible to receive compensation from
the United States Department of Agriculture (USDA) for the 1995-1996
crop season to mitigate losses or expenses incurred because of the
Karnal bunt regulations and emergency actions, as follows:
(a) Growers who have destroyed crops. Growers in New Mexico and
Texas who have destroyed crops of wheat pursuant to an Emergency Action
Notification (PPQ Form 523) issued by an inspector are eligible to be
compensated at the rate of $300 per acre of destroyed crop. Compensation
payments will be issued by the Farm Service Agency (FSA). To claim
compensation, the grower must complete and submit to a local FSA county
office whichever of the following three forms are applicable, as
determined by FSA: FSA Form 574, FSA Form 578, and FCI Form 73. The
forms will be furnished by FSA. Claims for compensation must be received
by FSA on or before May 31, 1997. The Administrator may extend this
deadline, upon request in specific cases, when unusual and unforeseen
circumstances occur which prevent or hinder a claimant from requesting
compensation on or before May 31, 1997.
(b) Growers and handlers who sell nonpropagative wheat. Growers and
handlers in a State where the Secretary has declared an extraordinary
emergency, and who sell nonpropagative wheat grown in the regulated area
or in an area for which an Emergency Action Notification (PPQ Form 523)
has been issued in accordance with Sec. 301.89-3(d), are eligible to be
compensated for the loss in value of their wheat due to the Karnal bunt
regulations, as follows:
(1) Growers who sell nonpropagative wheat. Growers are eligible to
be compensated for nonpropagative 1995-1996 crop season wheat and for
nonpropagative wheat inventories in their possession that were unsold as
of March 1, 1996, as described in paragraphs (b)(1)(i), (b)(1)(ii), and
(b)(1)(iii) of this section. However, compensation will not exceed $2.50
per bushel under any circumstances.
(i) If the wheat was grown under contract and a price was determined
in the contract before March 1, 1996, compensation will equal the
contracted price minus the higher of either the salvage value, as
described in paragraph (b)(3) of this section, or the actual price
received by the grower.
(ii) If the wheat was grown under contract and a price was
determined in the contract on or after March 1, 1996, and on or before
August 1, 1996, compensation will equal the higher of either the
contract price or the estimated market price for the relevant class of
wheat (meaning type of wheat, such as durum or hard red winter) minus
the higher of either the salvage value, as described in paragraph (b)(3)
of this section, or the actual price received by the grower. The
estimated market price will be calculated by APHIS for each class of
wheat, taking into account the prices offered by relevant terminal
markets (animal feed, milling, or export) for the period between May 1
and June 30, 1996, with adjustments for transportation and other
handling costs.
(iii) If the wheat was not grown under contract or a price was
determined in the contract after August 1, 1996, compensation will equal
the estimated market price for the relevant class of wheat (meaning type
of wheat, such as durum or hard red winter) minus the higher of either
the salvage value, as described in paragraph (b)(3) of this section, or
the actual price received by the grower. The estimated market price will
be calculated by APHIS for each class of wheat, taking into account the
prices offered by relevant terminal markets (animal feed, milling, or
export) for the period between May 1 and June 30, 1996, with adjustments
for transportation and other handling costs.
[[Page 119]]
(2) Handlers who sell nonpropagative wheat. Handlers are eligible to
be compensated for nonpropagative 1995-1996 crop season wheat and for
nonpropagative wheat inventories in their possession that were unsold as
of March 1, 1996, only under the circumstances described in paragraphs
(b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section. Compensation for
the circumstances in paragraphs (b)(2)(i) and (b)(2)(ii) will equal the
estimated market price for the relevant class of wheat (meaning type of
wheat, such as durum or hard red winter) minus the salvage value, as
described in paragraph (b)(3) of this section. Compensation for the
circumstance in paragraph (b)(2)(iii) will equal the estimated market
price for the relevant class of wheat (meaning type of wheat, such as
durum or hard red winter) minus the higher of either the salvage value,
as described in paragraph (b)(3) of this section, or the actual price
received by the handler. The estimated market price will be calculated
by APHIS for each class of wheat, taking into account the prices offered
by relevant terminal markets (animal feed, milling, or export) for the
period between May 1 and June 30, 1996, with adjustments for
transportation and other handling costs. However, compensation will not
exceed $2.50 per bushel under any circumstances.
(i) Handlers who honor contracts by paying the grower full contract
price on wheat grown for nonpropagative purposes in the regulated area
that was tested by APHIS and found positive for Karnal bunt;
(ii) Handlers who purchase contracted or noncontracted wheat grown
for nonpropagative purposes in the regulated area that was tested by
APHIS and found negative for Karnal bunt prior to purchase but that was
tested by APHIS and found positive for Karnal bunt after purchase; or
(iii) Except as explained in this paragraph, handlers who honor
contracts by paying the grower or another handler full contract price on
nonpropagative wheat grown in the regulated area that was tested by
APHIS and found negative for Karnal bunt if a price was determined in
the contract before March 1, 1996. Handlers who had contracted to sell
the wheat at a price determined in the contract before March 1, 1996,
and who received the full contract price, are not eligible for
compensation.
(3) Salvage value. Salvage values will be as follows:
(i) If the wheat is positive for Karnal bunt and is sold for use as
animal feed, salvage value equals $6.00 per hundredweight or $3.60 per
bushel for all classes of wheat.
(ii) If the wheat is positive for Karnal bunt and is sold for a use
other than animal feed, salvage value equals whichever is higher of the
following: the average price paid in the region of the regulated area
where the wheat is sold for the relevant class of wheat (meaning type of
wheat, such as durum or hard red winter) for the period between May 1
and June 30, 1996; or, $3.60 per bushel.
(iii) If the wheat is negative for Karnal bunt and is sold for any
use, salvage value equals whichever is higher of the following: the
average price paid in the region of the regulated area where the wheat
is sold for the relevant class of wheat (meaning type of wheat, such as
durum or hard red winter) for the period between May 1 and June 30,
1996; or, $3.60 per bushel.
(4) To claim compensation. Compensation payments will be issued by
the Farm Service Agency (FSA). Claims for compensation must be received
by FSA on or before May 31, 1997. The Administrator may extend this
deadline, upon request in specific cases, when unusual and unforeseen
circumstances occur which prevent or hinder a claimant from requesting
compensation on or before May 31, 1997. To claim compensation, a grower
or handler must complete and submit to the local FSA county office the
following documents:
(i) Both growers and handlers. A grower or handler must submit
whichever of the following three forms are applicable, as determined by
FSA: FSA Form 574, FSA Form 578, and FCI Form 73. A grower or a handler
must also submit a copy of the receipt for the final sale of the wheat,
showing the intended use for which the wheat was sold, and a copy of the
Karnal bunt certificate issued by APHIS that shows the Karnal bunt test
results.
(ii) Growers. In addition to the documents required in paragraph
(b)(4)(i),
[[Page 120]]
growers must submit a copy of the contract the grower has for the wheat,
if the wheat was under contract; and a copy of the receipt for the final
sale of the wheat, showing the intended use for which the wheat was
sold, total bushels sold, and the total amount paid to the grower by the
handler.
(iii) Handlers. In addition to the documents required in paragraph
(b)(4)(i), handlers must submit a copy of the contract the handler had
with the grower for the wheat, if the wheat was under contract; a copy
of the receipt for the purchase of the wheat from the grower or handler,
showing the total bushels purchased and the amount the handler paid for
the wheat; and a copy of the receipt for the final sale of the wheat,
showing the intended use for which the wheat was sold. Handlers who had
contracted to sell the wheat at a price determined in the contract
before March 1, 1996, must submit a copy of the contract for the sale of
the wheat.
(c) Nonpropagative wheat that is not sold. If a grower or handler of
nonpropagative wheat grown in the regulated area in a State where the
Secretary has declared an extraordinary emergency is not able to or
elects not to sell their wheat, they will be eligible to receive
compensation at the rate of $2.50 per bushel. Compensation will only be
paid if the grower or handler has destroyed the wheat by burying it in a
sanitary landfill or other site that has been approved by APHIS.
Compensation claims will be issued by the Farm Service Agency (FSA). To
claim compensation, the grower or handler must complete and submit to
the local FSA county office whichever of the following three forms are
applicable, as determined by FSA: FSA Form 574, FSA Form 578, and FCI
Form 73. In addition, the grower or handler must submit verification of
how much wheat was buried, in the form of a receipt from the sanitary
landfill or verification signed by an APHIS inspector. Claims for
compensation must be received by FSA on or before May 31, 1997. The
Administrator may extend this deadline, upon request in specific cases,
when unusual and unforeseen circumstances occur which prevent or hinder
a claimant from requesting compensation on or before May 31, 1997.
(d) Decontamination of grain storage facilities. Owners of grain
storage facilities that are in States where the Secretary has declared
an extraordinary emergency, and who have decontaminated their grain
storage facilities pursuant to an Emergency Action Notification (PPQ
Form 523) issued by an inspector, are eligible to be compensated, on a
one time only basis for each facility and each covered crop year wheat,
for up to 50 percent of the cost of decontamination. However,
compensation will not exceed $20,000 per grain storage facility (as
defined in Sec. 301.89-1). General clean-up, repair, and refurbishment
costs are excluded from compensation. Compensation payments will be
issued by APHIS. To claim compensation, the owner of the grain storage
facility must submit to an inspector records demonstrating that
decontamination was performed on all structures, conveyances, or
materials ordered to be decontaminated by the Emergency Action
Notification on the facility. The records must include a copy of the
Emergency Action Notification, contracts with individuals or companies
hired to perform the decontamination, receipts for equipment and
materials purchased to perform the decontamination, time sheets for
employees of the grain storage facility who performed activities
connected to the decontamination, and any other documentation that helps
show the cost to the owner and that decontamination has been completed.
Claims for compensation must be received by APHIS on or before May 31,
1997. The Administrator may extend this deadline, upon request in
specific cases, when unusual and unforeseen circumstances occur which
prevent or hinder a claimant from requesting compensation on or before
May 31, 1997.
(e) Flour millers. Flour millers who, in accordance with a
compliance agreement with APHIS, heat-treat millfeed made from wheat
produced in regulated areas that require such treatment are eligible to
be compensated at the rate of $35.00 per short ton of millfeed. The
amount of millfeed compensated will be calculated by multiplying the
weight of wheat from the regulated
[[Page 121]]
area received by the miller by 25 percent (the average percent of
millfeed derived from a short ton of grain). Compensation payments will
be issued by APHIS. To claim compensation, the miller must submit to an
inspector verification as to the actual (not estimated) weight of the
wheat (such as a copy of the limited permit under which the wheat was
moved to the mill or a copy of the bill of lading for the wheat, if the
actual weight appears on those documents, or other verification). Flour
millers must also submit verification that the millfeed was heat treated
(such as a copy of the limited permit under which the wheat was moved to
a treatment facility and a copy of the bill of lading accompanying that
movement; or a copy of PPQ Form 700 (which includes certification of
processing) signed by the inspector who monitors the mill). Claims for
compensation must be received by APHIS on or before May 31, 1997. The
Administrator may extend this deadline, upon request in specific cases,
when unusual and unforeseen circumstances occur which prevent or hinder
a claimant from requesting compensation on or before May 31, 1997.
(f) National Karnal Bunt Survey participants. If a grain storage
facility participating in the National Karnal Bunt Survey tests positive
for Karnal bunt spores, the facility will be regulated and may be
ordered decontaminated pursuant to an Emergency Action Notification (PPQ
Form 523) issued by an inspector. If a Declaration of Extraordinary
Emergency has been declared for the State in which the grain storage
facility is located, the owner of the grain storage facility will be
eligible for compensation as follows:
(1) Loss in value of positive wheat. The owner of the grain storage
facility will be compensated for the loss in value of positive wheat.
Compensation will equal the estimated market price for the relevant
class of wheat minus the salvage value, as described in paragraph (b)(3)
of this section. The estimated market price will be calculated by APHIS
for each class of wheat, taking into account the prices offered by
relevant terminal markets (animal feed, milling, or export) for the
period between October 1 and November 30, 1996, with adjustments for
transportation and other handling costs. However, compensation will not
exceed $2.50 per bushel under any circumstances. Compensation payments
for loss in value of wheat will be issued by the Farm Service Agency
(FSA). To claim compensation, the owner of the facility must submit to
the local FSA office a copy of the Emergency Action Notification under
which the facility is or was quarantined and verification as to the
actual (not estimated) weight of the wheat (such as a copy of the
limited permit under which the wheat was moved to a mill or a copy of
the bill of lading for the wheat, if the actual weight appears on those
documents, or other verification). Claims for compensation must be
received by FSA on or before May 31, 1997. The Administrator may extend
this deadline, upon request in specific cases, when unusual and
unforeseen circumstances occur which prevent or hinder a claimant from
requesting compensation on or before May 31, 1997.
(2) Decontamination of grain storage facilities. The owner of the
facility will be compensated on a one time only basis for each grain
storage facility and each covered crop year wheat for the direct costs
of decontamination of the facility at the same rate described under
paragraph (d) of this section (up to 50 per cent of the direct costs of
decontamination, not to exceed $20,000 per grain storage facility).
Compensation payments for decontamination of grain storage facilities
will be issued by APHIS, and claims for compensation must be submitted
in accordance with the provisions in paragraph (d) of this section.
Claims for compensation must be received by APHIS on or before May 31,
1997. The Administrator may extend this deadline, upon request in
specific cases, when unusual and unforeseen circumstances occur which
prevent or hinder a claimant from requesting compensation on or before
May 31, 1997.
[62 FR 24751, May 6, 1997]
[[Page 122]]
Subpart--Corn Cyst Nematode [Reserved]
Subpart--European Larch Canker
Source: 49 FR 18992, May 4, 1984, unless otherwise noted.
Quarantine and Regulations
Sec. 301.91 Quarantine and regulations; restrictions on interstate movement of regulated articles.\1\
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\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance, and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise dispose
of regulated articles as provided in section 10 of the Plant Quarantine
Act (7 U.S.C 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
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(a) Quarantines and regulations. The secretary of agriculture hereby
quarantines the State of Maine in order to prevent the artificial spread
of European larch canker, Lachnellula willkommi (Dasycypha), a dangerous
plant disease of trees of the Larix and Pseudolarix species not hereto
fore widely prevalent or distributed within and throughout the United
States; and hereby establishes regulations governing the interstate
movement of regulated articles specified in Sec. 301.91-2
(b) Restrictions on interstate movement of regulated articles. No
common carrier or other person shall move interstate from any regulated
area any regulated article except in accordance with the conditions
prescribed in this subpart.
Sec. 301.91-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as the plural and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
(a) Certificate. A document which is issued for a regulated article
by an inspector or by a person operating under a compliance agreement,
and which represents that such article is eligible for interstate
movement in accordance with Sec. 301.91-5(a).
(b) Compliance agreement. A written agreement between Plant
Protection and Quarantine and a person engaged in the business of
growing, handling, or moving regulated articles, wherein the person
agrees to comply with the provisions of this subpart and any conditions
imposed pursuant thereto.
(c) Deputy Administrator. The Deputy Administrator of the Animal and
Plant Health Inspection Service for Plant Protection and Quarantine, or
any officer or employee of the Department to whom authority to act in
his/her stead has been or may hereafter be delegated.
(d) European larch canker. The plant disease known as European larch
canker, Lachnellula willkommi (Dasycypha), in any stage of development.
(e) Infestation. The presence of European larch canker or the
existence of circumstances that make it reasonable to believe that the
European larch canker is present.
(f) Inspector. Any employee of Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, or other person, authorized by the Deputy Administrator in
accordance with law to enforce the provisions of the quarantines and
regulations in this subpart.
(g) Interstate. From any State into or through any other State.
(h) Limited permit. A document which is issued for a regulated
article by an inspector or by a person operating under a compliance
agreement, and which represents that such regulated article is eligible
for interstate movement in accordance with Sec. 301.91-5(b).
(i) Moved (movement, move). Shipped, offered for shipment to a
common carrier, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved or
caused to be moved by any means. ``Movement'' and ``move'' shall be
construed accordingly.
(j) Person. Any individual, partnership, corporation, company,
society, association, or other organized group.
(k) Plant Protection and Quarantine. The organizational unit within
the Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Quarantine Act, the Federal Plant Pest Act, and related
legislation, and quarantines and regulations promulgated thereunder.
[[Page 123]]
(l) Regulated area. Any State, or any portion thereof, listed in
Sec. 301.91-3(c) or otherwise designated as a regulated area in
accordance with Sec. 301.91-3(b).
(m) Regulated article. Any article listed in Sec. 301.91-2(a) or
otherwise designated as a regulated article in accordance with
Sec. 301.91-2(b).
(n) State. Each of the several States of the United States, the
District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico,
the Virgin Islands of the United States and all other Territories and
Possessions of the United States.
Sec. 301.91-2 Regulated articles.
The following are regulated articles:
(a) Logs, pulpwood, branches, twigs, plants, scion and other
propagative material of the Larix or Pseudolarix spp. except seeds;
(b) Any other product, article, or means of conveyance, of any
character whatsoever, not covered by paragraph (a) of this section, when
it is determined by an inspector that it presents a risk of spread of
European larch canker and the person in possession thereof has actual
notice that the product, article or means of conveyance is subject to
the restrictions in the quarantine and regulations.
Sec. 301.91-3 Regulated areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator shall list as a regulated area in paragraph (c)
of this section, the State, or any portion thereof, in which European
larch canker has been found by an inspector or in which the Deputy
Administrator has reason to believe that European larch canker is
present, or any portion of a quarantined State which the Deputy
Administrator deems necessary to regulate because of its proximity to a
European larch canker infestation or its inseparability for quarantine
enforcement purpose from localities in which European larch canker
occurs. Less than an entire quarantined State will be designated as a
regulated area only if the Deputy Administrator determines that:
(1) The State has adopted and is enforcing a quarantine or
regulation which imposes restrictions on the intrastate movement of the
regulated articles which are substantially the same as those which are
imposed with respect to the interstate movement of such articles under
this subpart; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the artifical interstate
spread of European larch canker.
(b) The Deputy Administrator or an inspector may temporarily
designate any nonregulated area in a quarantined State as a regulated
area in accordance with the criteria specified in paragraph (a) of this
section for listing such area. Written notice of such designaton shall
be given to the owner or person in possession of such nonregulated area,
and, thereafter, the interstate movement of any regulated article from
such area shall be subject to the applicable provisions of this subpart.
As soon as practicable, such area shall be added to the list in
paragraph (c) of this section or such designation shall be terminated by
the Deputy Administrator or an inspector, and notice thereof shall be
given to the owner or person in possession of the area.
(c) The areas described below are designated as regulated areas:
Maine
Hancock County. The entire townships of Gouldsboro, Serrento,
Sullivan, Winter Harbor, 7th Southern Division, 9th Southern Division,
10th Southern Division, and 16th Middle Division.
Knox County. The entire townships of Appleton, Camden, Cushing,
Friendship, Hope, Owls Head, Rockland City, Rockport, South Thomaston,
St. George, Thomaston, Union, Warren, and Washington.
Lincoln County. The entire townships of Alna, Boothbay Harbor,
Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle,
Nobleboro, Somerville, Southport, Waldoboro, Westport, and Wiscassett.
Waldo County. The entire townships of Lincolnville and Searsmont.
Washington County. The entire townships of Addison, Baring, Beals,
Calais City, Centerville, Charolotte, Cherryfield, Columbia, Columbia
Falls, Cooper, Cutler, Debolis, Dennysville, East Machias, Eastport,
Edmunds, Harrington, Jonesboro, Jonesport, Lubec, Machias, Machiasport,
Marion, Marshfield, Meddybemps, Milbridge, Northfield, Plantation 14,
Pembroke, Perry, Robbinston, Roque Bluffs, Steuben, Trescott,
[[Page 124]]
Whiting, Whitneyville, 18th Eastern Division, 18th Middle Division, and
19th Middle Division.
[49 FR 18992, May 4, 1984, as amended at 49 FR 36817, Sept. 20, 1984; 50
FR 7033, Feb. 20, 1985; 50 FR 13178, Apr. 3, 1985]
Sec. 301.91-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.2
---------------------------------------------------------------------------
2 Requirements under all other applicable Federal domestic
plant quarantines must also be met.
---------------------------------------------------------------------------
Any regulated article may be moved interstate from any regulated
area in a quarantined State only if moved under the following
conditions:
(a) With a certificate or limited permit issued and attached in
accordance with Secs. 301.91-5 and 301.91-8 of this subpart; or
(b) Without a certificate or limited permit;
(1) If moved to a contiguous regulated area; or
(2)(i) If moved directly through (moved without stopping except
under normal traffic conditions such as traffic lights or stop signs)
any regulated area in an enclosed vehicle or in an enclosed container on
a vehicle to prevent the introduction of European larch canker;
(ii) If the article originated outside of any regulated area; and
(iii) If the point of origin of any article is clearly indicated by
shipping documents and its identity has been maintained.
Sec. 301.91-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate shall be issued by an inspector, except as
provided in paragraph (c) of this section, for the movement of a
regulated article if such inspector:
(1)(i) Determines based on inspection of the premises of origin that
the premises are free from European larch canker; or
(ii) Determines that it has been grown, processed, stored, or
handled in such a manner that the regulated article is free of European
larch canker; and
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of the
European larch canker pursuant to section 105 of the Federal Plant Pest
Act (7 U.S.C. 150dd); 3 and
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3 Section 105 of the Federal Plant Pest Act (7 U.S.C.
150dd) provides, among other things, that the Secretary of Agriculture
may, whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means or conveyance, which is moving into or through the United States
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest.
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(3) Determines that it is eligible for unrestricted movement under
all other Federal domestic plant quarantines and regulations applicable
to such article.
(b) A limited permit shall be issued by an inspector, except as
provided in paragraph (c) of this section, for the movement of a
regulated article if such inspector:
(1) Determines, in consultation with the Deputy Administrator, that
it is to be moved to a specified destination for specified handling,
utilization, or processing (such destination and other conditions to be
specified on the limited permit), when, upon evaluation of all of the
circumstances involved in each case, it is determined that such movement
will not result in the spread of European larch canker because the
disease will be destroyed by such specified handling, utilization, or
processing;
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of the
European larch canker pursuant to section 105 of the Federal Plant Pest
Act (7 U.S.C. 150dd)3 ; and
(3) Determines that it is eligible for such movement under all other
Federal domestic plant quarantines and regulations applicable to such
article.
(c) Certificates and limited permits may be issued by any person
engaged in the business of growing, handling, or moving regulated
articles provided
[[Page 125]]
such person has entered into and is operating under a compliance
agreement. Any such person may execute and issue a certificate or
limited permit for the interstate movement of a regulated article if an
inspector has previously made the determination that the article is
eligible for a certificate in accordance with Sec. 301.91-5(a) or is
eligible for a limited permit in accordance with Sec. 301.91-5(b).
(d) Any certificate or limited permit which has been issued or
authorized may be withdrawn by an inspector if such inspector determines
that the holder thereof has not complied with any conditions under the
regulations for the use of such document. The reasons for the withdrawal
shall be confirmed in writing as promptly as circumstances permit. Any
person whose certificate or limited permit has been withdrawn may appeal
the decision in writing to the Deputy Administrator within ten (10) days
after receiving the written notification of the withdrawal. The appeal
shall state all of the facts and reasons upon which the person relies to
show that the certificate or limited permit was wrongfully withdrawn.
The Deputy Administrator shall grant or deny the appeal, in witing,
stating the reasons for such decision, as promptly as circmstances
permit. If there is a conflict as to any material fact, a hearing shall
be held to resolve such conflict. Rules of Practice concerning such a
hearing will be adopted by the Deputy Administrator.
Sec. 301.91-6 Compliance agreement and cancellation thereof.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of regulated articles under this
subpart.4 The compliance agreement shall be a written
agreement between a person engaged in such a business and Plant
Protection and Quarantine, wherein the person agrees to comply with the
provisions of this subpart and any conditions imposed pursuant thereto.
---------------------------------------------------------------------------
\4\ Compliance agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236, and from local offices of the Plant
Protection and Quarantine. (Local offices are listed in telephone
directories).
---------------------------------------------------------------------------
(b) Any compliance agreement may be cancelled orally or in writing
by the inspector who is supervising its enforcement whenever the
inspector finds that such person has failed to comply with the
provisions of this subpart or any conditions imposed pursuant thereto.
If the cancellation is oral, the decision and the reasons therefor shall
be confirmed in writing, as promptly as circumstances permit. Any person
whose compliance agreement has been cancelled may appeal the decision,
in writing, to the Deputy Administrator within ten (10) days after
receiving written notification of the cancellation. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully cancelled. The Deputy
Administrator shall grant or deny the appeal, in writing, stating the
reasons for such decision, as promptly as circumstances permit. If there
is a conflict as to any material fact, a hearing shall be held to
resolve such conflict. Rules of Practice concerning such a hearing will
be adopted by the Deputy Administrator.
[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.91-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.91-5(c)), who desires to move
interstate a regulated article accompanied by a certificate or limited
permit shall, as far in advance as possible (should be no less than 48
hours before the desired movement), request an inspector \5\ to take any
necessary action under this subpart prior to movement of the regulated
article.
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\5\ Inspectors are assigned to local offices of Plant Protection and
Quarantine which are listed in telephone directories. Information
concerning such local offices may also be obtained from the Animal and
Plant Health Inspection Service, Plant Protection and Quarantine,
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale,
Maryland 20737-1236.
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[[Page 126]]
(b) Such articles shall be assembled at such point and in such
manner as the inspector designates as necessary to comply with the
requirements of this subpart.
[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.91-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, at all times during such movement,
shall be securely attached to the outside of the containers containing
the regulated article, securely attached to the article itself if not in
a container, or securely attached to the consignee's copy of the
accompanying waybill or other shipping document; Provided, however, That
the requirements of this section may be met by attaching the certificate
or limited permit to the consignee's copy of the waybill or other
shipping documents only if the regulated article is sufficiently
described on the certificate, limited permit, or shipping document to
identify such article.
(b) The certificate or limited permit for the movement of a
regulated article shall be furnished by the carrier to the consignee at
the destination of the shipment.
Sec. 301.91-9 Costs and charges.
The services of the inspector shall be furnished without cost,
except as provided in 7 CFR part 354. The U.S. Department of Agriculture
will not be responsible for any costs or charges incident to inspections
or compliance with the provisions of the quarantine and regulations in
this subpart, other than for the services of the inspector.
Subpart--Oriental Fruit Fly
Source: 58 FR 8521, Feb. 16, 1993, unless otherwise noted.
Sec. 301.93 Restrictions on interstate movement of regulated articles.
No person shall move interstate from any quarantined area any
regulated article except in accordance with this subpart.\1\
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\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance, and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise dispose
of regulated articles as provided in section 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------
Sec. 301.93-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of Agriculture
(APHIS or Service).
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of Oriental fruit fly and may be moved interstate to any
destination.
Compliance agreement. A written agreement between the Animal and
Plant Health Inspection Service and a person engaged in growing,
handling, or moving regulated articles, wherein the person agrees to
comply with the provisions of this subpart.
Core area. The 1 square mile area surrounding each property where
Oriental fruit fly has been detected.
Day degrees. A mathematical construct combining average temperature
over time that is used to calculate the length of an Oriental fruit fly
life cycle. Day degrees are the product of the following formula, with
all temperatures measured in deg.F:
[(Minimum Daily Temp + Maximum Daily Temp)/2]-54 deg.=Day Degrees
Drip area. The area under the canopy of a plant.
Infestation. The presence of the Oriental fruit fly or the existence
of circumstances that make it reasonable to believe that the Oriental
fruit fly is present.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or
[[Page 127]]
other person authorized by the Administrator to enforce this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document, in which an inspector or person
operating under a compliance agreement affirms that a specified
regulated article is eligible for interstate movement in accordance with
Sec. 301.93-5(b) of this subpart only to a specified destination and
only in accordance with specified conditions.
Moved (Move, Movement). Shipped, offered for shipment, received for
transportation or transported, carried, or allowed to be moved, shipped,
transported, or carried by any means.
Oriental fruit fly. The insect known as Oriental fruit fly
(Bactrocera dorsalis (Hendel)) in any stage of development.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.93-3(c) of this subpart.
Regulated article. Any article listed in Sec. 301.93-2 of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.93-2(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.93-3(b) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory or possession of the United States.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
Sec. 301.93-2 Regulated articles.
The following are regulated articles:
(a) The following fruits, nuts, vegetables, and berries:
Akia (Wikstromeia phyllyraefolia)
Alexander laurel (Calophyllum inophyllum)
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Banana (Musa paradisiaca var. sapientum) (Musa x paradisiaca)
Banana, dwarf (Musa nana)
Barbados cherry (Malpighia glabra)
Bell pepper (Capsicum annum)
Brazil cherry (Eugenia dombeyi)
Breadfruit (Artocarpus altilis)
Cactus (Cereus coerulescens)
Caimitillo (Chrysophyllum oliviforme)
Cashew (Anacardium occidentale)
Cherimoya (Anonna Cherimola)
Cherry, Catalina (Prunus ilicifolia)
Cherry, Portuguese (P. lusitanica)
Chile (Capsicum annum)
Coffee, Arabian (Coffea arabica)
Country gooseberry (Averrhoa carambola)
Cucumber (Cucumis sativas)
Custard apple (Annona reticulata)
Date palm (Phoenix dactylifera)
Dragon tree (Dracena draco)
Eggfruit tree (Pouteria campechiana)
Elengi tree (Mimusops elengi)
Fig (Ficus carica)
Gourka (Garcinia celebica)
Granadilla, sweet (Passiflora ligularis)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava), (P. littorale), (P. cattleianum)
Imbu (Spondias tuberosa)
Jackfruit (Artocarpus heterophyllus)
Jerusalem cherry (Solanum pseudocapsicum)
Kitembilla (Dovyalis hebecarpa)
Kumquat (Fortunella japonica)
Laurel (Calophyllum inophyllum)
Lemon (Citrus limon)
Lime, key or Mexican (Citrus aurantifolia)
Lime, Persian (Citrus latifolia)
Lime, sweet (Citrus limetioides)
Longan (Euphoria longan)
Loquat (Eriobotrya japonica)
Lychee nut (Lychee chinensis)
Malay apple (Eugenia malaccensis)
Mammee apple (Mammea americana)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mangosteen (Garcinia mangostana)
Mock orange (Murraya exotica)
Mulberry (Morus nigra)
Myrtle, downy rose (Rhodomyrtus tomentosa)
Natal plum (Crissa grandiflora)
Nectarine (Prunus persica var. nectarina)
Oleander, yellow (Thevetia peruviana)
Orange, calamondin (Citrus reticulata x. fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Oriental bush red pepper (Capsicum frutescens abbbreviatum)
Otaheite apple (Spondias dulcis)
Palm, syrup (Jubaea spectabilis)
Papaya (Carica papaya)
Passionflower (Passiflora edulis)
Passionflower, softleaf (Passiflora mollissima)
Passionfruit (Passiflora edulis) (yellow lilikoi)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepino (Solanum muricatum)
Pepper, sweet (Capsicum frutescens var. grossum)
Persimmon, Japanese (Diospyros kaki)
[[Page 128]]
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prickly pear (Opuntia megacantha) (Opuntia ficus indica)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sandalwood (Santalum paniculatum)
Sandalwood, white (Santalum album)
Santol (Sandericum koetjape)
Sapodilla (Manilkara zapota)
Sapodilla, chiku (Manilkara zapota)
Sapota, white (Casimiroa edulis)
Seagrape (Coccoloba uvifera)
Sour orange (Citrus aurantium)
Soursop (Annona muricata)
Star apple (Chryosophyllum cainito)
Surinam cherry (Eugenia uniflora)
Tomato (Lycopersicon esculentum)
Tropical almond (Terminalia catappa) (Terminalia chebula)
Velvet apple (Diospyros discolor)
Walnut (Juglans hindsii)
Walnut, English (Juglans regia)
Wampi (Citrus lansium)
West Indian cherry (Malpighia punicifolia)
Ylang-Ylang (Cananga odorata)
Any fruits, nuts, vegetables, or berries that are canned or dried or
frozen below -17.8 deg.C. (0 deg.F.) are not regulated articles.
(b) Soil within the drip area of plants that are producing or have
produced the fruits, nuts, vegetables, or berries listed in paragraph
(a) of this section.
(c) Any other product, article, or means of conveyance not covered
by paragraph (a) or (b) of this section that an inspector determines
presents a risk of spread of the Oriental fruit fly and notifies the
person in possession of it that the product, article, or means of
conveyance is subject to the restrictions of this subpart.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
Sec. 301.93-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area in paragraph (c) of
this section each State, or each portion of a State, in which the
Oriental fruit fly has been found by an inspector, in which the
Administrator has reason to believe that the Oriental fruit fly is
present, or that the Administrator considers necessary to regulate
because of its proximity to the Oriental fruit fly or its inseparability
for quarantine enforcement purposes from localities in which the
Oriental fruit fly has been found. Less than an entire State will be
designated as a quarantined area only if the Administrator determines
that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles that are substantially the
same as those imposed by this subpart on the interstate movement of
regulated articles; and
(2) The designation of less than the entire State as a quarantined
area will prevent the interstate spread of the Oriental fruit fly.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area in a State as a quarantined area in accordance with
the criteria specified in paragraph (a) of this section for listing
quarantined areas. The Administrator will give written notice of this
temporary designation to the owner or person in possession of the
nonquarantined area; thereafter, the interstate movement of any
regulated article from an area temporarily designated as a quarantined
area is subject to this subpart. As soon as practicable, this area will
be added to the list in paragraph (c) of this section or the designation
will be terminated by the Administrator or an inspector. The owner or
person in possession of an area for which designation is terminated will
be given notice of the termination as soon as practicable.
(c) The areas described below are designated as quarantined areas:
California
Los Angeles County. That portion of Los Angeles County beginning at
the intersection of Arrow Highway and Interstate Highway 605; then west
along Arrow Highway to Buena Vista Street; then north along Buena Vista
Street to Huntington Drive; then east along Huntington Drive to Foothill
Boulevard; then east along Foothill Boulevard to the shoreline of the
San Gabriel River; then northeast along the shoreline of the San Gabriel
River to State Highway 39 (San Gabriel Canyon Road); then southeast
along an imaginary line to the intersection of Sierra Madre Avenue and
Glendora Avenue; then south along Glendora Avenue to Alosta Avenue; then
east along Alosta Avenue to Lone
[[Page 129]]
Hill Avenue; then south along Lone Hill Avenue to Cypress Street; then
west along Cypress Street to Badillo Street; then southwest along
Badillo Street to Reeder Avenue; then south along Reeder Avenue to
Puente Street; then southeast along Puente Street to Via Verde; then
southwest along Via Verde to The Mall; then south along The Mall to
Interstate Highway 10; then west along Interstate Highway 10 to Grand
Avenue; then southeast along Grand Avenue to Amar Road; then west and
northwest along Amar Road to Baldwin Park Boulevard; then northeast
along Baldwin Park Boulevard to Francisquito Avenue; then northwest
along Francisquito Avenue to Ramona Boulevard; then west along Ramona
Boulevard to Interstate Highway 605; then northeast along Interstate
Highway 605 to the point of beginning.
Also, that portion of Los Angeles County beginning at the
intersection of Interstate Highway 10 and Gateway Boulevard; then east
along Interstate Highway 10 to its second intersection with National
Boulevard; then east along National Boulevard to Jefferson Boulevard;
then east along Jefferson Boulevard to La Cienega Boulevard; then south
along La Cienega Boulevard to Rodeo Road; then east along Rodeo Road to
Martin Luther King Jr. Boulevard; then southeast along Martin Luther
King Jr. Boulevard to Crenshaw Boulevard; then south along Crenshaw
Boulevard to Slauson Avenue; then east along Slauson Avenue to Van Ness
Avenue; then south along Van Ness Avenue to Rosecrans Avenue; then west
along Rosecrans Avenue to Inglewood Avenue; then south along Inglewood
Avenue to Manhattan Beach Boulevard; then west along Manhattan Beach
Boulevard to the Manhattan Beach Municipal Pier; then west along the
Manhattan Beach Municipal Pier to the Pacific Ocean coastline; then
northwest along the Pacific Ocean coastline to a point due west of the
west end of Ocean Park Boulevard; then east along an imaginary line
drawn from that point to the west end of Ocean Park Boulevard; then
northeast along Ocean Park Boulevard to Gateway Boulevard; then
northeast along Gateway Boulevard to the point of beginning.
[58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995; 62
FR 45142, Aug. 26, 1997; 62 FR 47552, Sept. 10, 1997; 62 FR 53225, Oct.
14, 1997]
Sec. 301.93-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions: \2\
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Secs. 301.93-5 and 301.93-8 of this subpart;
(b) Without a certificate or limited permit, if:
(1) The regulated article originated outside of any quarantined area
and is moved directly through (without stopping except for refueling, or
for traffic conditions, such as traffic lights or stop signs) the
quarantined area in an enclosed vehicle or is completely enclosed by a
covering adequate to prevent access by Oriental fruit flies (such as
canvas, plastic, or closely woven cloth) while moving through the
quarantined area; and
(2) The point of origin of the regulated article is indicated on the
waybill, and the enclosed vehicle or the enclosure that contains the
regulated article is not opened, unpacked, or unloaded in the
quarantined area.
(c) Without a certificate or limited permit, if the regulated
article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Pursuant to a permit issued by the Administrator for the
regulated article;
(3) Under conditions specified on the permit and found by the
Administrator to be adequate to prevent the spread of Oriental fruit
fly; and
(4) With a tag or label bearing the number of the permit issued for
the regulated article attached to the outside of the container of the
regulated article or attached to the regulated article itself if not in
a container.
(Approved by the Office of Management and Budget under control number
0579-0088)
Sec. 301.93-5 Issuance and cancellation of certificates and limited permits.
(a) An inspector \3\ will issue a certificate for the interstate
movement of a
[[Page 130]]
regulated article if the inspector determines that:
---------------------------------------------------------------------------
\3\ Inspectors are assigned to local offices of the Animal and Plant
Health Inspection Service, which are listed in telephone directories.
Information concerning these offices may also be obtained from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(1) (i) The regulated article has been treated in accordance with
Sec. 301.93-10 of this subpart; or
(ii) Based on inspection of the premises of origin, or treatment of
the premises of origin in accordance with Sec. 301.93-10(c) of this
subpart, the premises are free from Oriental fruit flies and the
regulated article has not been exposed to Oriental fruit fly; or
(iii) Based on inspection of the regulated article, it is free of
Oriental fruit fly; and
(2) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd); \4\ to
prevent the spread of the Oriental fruit fly; and
---------------------------------------------------------------------------
\4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested or infected by or contain plant pests.
---------------------------------------------------------------------------
(3) The regulated article is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated article.
(b) An inspector will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
(1) The regulated article is to be moved interstate to a specified
destination for specified handling, utilization, or processing (the
destination and other conditions to be listed in the limited permit),
and this interstate movement will not result in the spread of the
Oriental fruit fly because life stages of the Oriental fruit fly will be
destroyed by the specified handling, utilization, or processing.
(2) The regulated article is to be moved interstate in compliance
with any additional emergency conditions the Administrator may impose,
under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd);\4\ to
prevent the spread of the Oriental fruit fly; and
(3) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(c) Certificates and limited permits for use for interstate movement
of regulated articles may be issued by an inspector or person engaged in
growing, handling, or moving regulated articles provided the person is
operating under a compliance agreement. A person operating under a
compliance agreement may execute a certificate for the interstate
movement of a regulated article if an inspector has determined that the
regulated article is otherwise eligible for a certificate in accordance
with paragraph (a) of this section. A person operating under a
compliance agreement may execute a limited permit for interstate
movement of a regulated article when an inspector has determined that
the regulated article is eligible for a limited permit in accordance
with paragraph (b) of this section.
(d) Any certificate or limited permit that has been issued may be
withdrawn by an inspector orally or in writing, if the inspector
determines that the holder of the certificate or limited permit has not
complied with all conditions under this subpart for the use of the
certificate or limited permit. If the withdrawal is oral, the withdrawal
and the reasons for the withdrawal shall be confirmed in writing as
promptly as circumstances allow. Any person whose certificate or limited
permit has been withdrawn may appeal the decision in writing to the
Administrator within 10 days after receiving the written notification of
the withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the certificate or limited permit
was wrongfully withdrawn. As promptly as circumstances allow, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision. A hearing will be held to resolve any conflict
as to any material fact. Rules of practice concerning a
[[Page 131]]
hearing will be adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088)
[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.93-6 Compliance agreements and cancellation.
(a) Any person engaged in growing, handling, or moving regulated
articles may enter into a compliance agreement to facilitate the
interstate movement of regulated articles under this subpart.\5\
---------------------------------------------------------------------------
\5\ Compliance agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236, and from local offices of the Animal and
Plant Health Inspection Service, which are listed in telephone
directories.
---------------------------------------------------------------------------
(b) Any compliance agreement may be canceled orally or in writing by
an inspector whenever the inspector finds that the person who has
entered into the compliance agreement has failed to comply with this
subpart. If the cancellation is oral, the cancellation and the reasons
for the cancellation will be confirmed in writing as promptly as
circumstances allow. Any person whose compliance agreement has been
canceled may appeal the decision, in writing, within 10 days after
receiving written notification of the cancellation. The appeal must
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully canceled. As promptly as
circumstances allow, the Administrator will grant or deny the appeal, in
writing, stating the reasons for the decision. A hearing will be held to
resolve any conflict as to any material fact. Rules of practice
concerning a hearing shall be adopted by the Administrator.
[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.93-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.93-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit must notify an inspector \6\ as far in advance of the desired
interstate movement as possible (but no less than 48 hours before the
desired interstate movement).
---------------------------------------------------------------------------
\6\ See footnote 3 at Sec. 301.93-5(a).
---------------------------------------------------------------------------
(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
Sec. 301.93-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, at all times during the interstate
movement, must be attached to the outside of the container containing
the regulated article, attached to the regulated article itself if not
in a container, or attached to the consignee's copy of the accompanying
waybill: Provided however, That the requirements of this section may be
met by attaching the certificate or limited permit to the consignee's
copy of the waybill only if the regulated article is sufficiently
described on the certificate, limited permit, or waybill to identify the
regulated article.
(b) The certificate or limited permit for the interstate movement of
a regulated article must be furnished by the carrier to the consignee at
the destination of the regulated article.
(Approved by the Office of Management and Budget under control number
0579-0088)
Sec. 301.93-9 Costs and charges.
The services of the inspector during normal business hours (8 a.m.
to 4:30 p.m., Monday through Friday, except holidays) will be furnished
without cost. The user will be responsible for all costs and charges
arising from inspection and other services provided outside of normal
business hours.
Sec. 301.93-10 Treatments.
Treatment schedules listed in the Plant Protection and Quarantine
Treatment manual to destroy the Oriental fruit fly are approved for use
on
[[Page 132]]
regulated articles. The Plant Protection and Quarantine Treatment Manual
is incorporated by reference. For the full identification of this
standard, see Sec. 300.1 of this chapter, ``Materials incorporated by
reference''. The following treatments can be used for bell pepper,
citrus and grape, tomato, premises, and soil:
(a) Fruits and vegetables \7\--(1) Bell Pepper--(i) Vapor Heat. Heat
by saturated water vapor at 44.4 deg.C. (112 deg.F.) until approximate
center of bell pepper reaches 44.4 deg.C (112 deg.F.). Maintain at
44.4 deg.C. (112 deg.F.) for 8\3/4\ hours, then immediately cool.
---------------------------------------------------------------------------
\7\ Some varieties of fruit may be injured by approved treatments.
The USDA is not liable for damages caused by this quarantine.
Commodities should be tested by the shipper to determine each
commodity's tolerance before commercial shipments are attempted.
---------------------------------------------------------------------------
(2) Citrus and grapes--(i) Fumigation plus refrigeration. Fumigate
at normal atmospheric pressure (chamber or tarpaulin, load not to exceed
80%) with 32 g/m\3\ methyl bromide at 21 deg.C. (70 deg.F.) or above,
minimum gas concentrations 25 g/m\3\ at \1/2\ hour, 18 g/m\3\ at 2 or
2\1/2\ hours, 17 g/m\3\ at 3 hours. Fumigate for a minimum of 2 hours.
Then, aerate fruit at least 2 hours before refrigeration (but begin
refrigeration no more than 24 hours after fumigation is completed).
Refrigerate based upon fumigation exposure time listed in the table
below:
------------------------------------------------------------------------
Refrigeration
Fumigation exposure time ----------------------------------------
Days Temperature
------------------------------------------------------------------------
2 hours........................ 4 0.55-2.7 deg.C. (33-37
deg.F.)
11 3.33-8.3 deg.C. (38-47
deg.F.)
2\1/2\ hours................... 4 1.11-4.44 deg.C. (34-40
deg.F.)
6 5.0-8.33 deg.C. (41-47
deg.F.)
10 8.88-13.33 deg.C. (48-56
deg.F.)
3 hours........................ 3 6.11-8.33 deg.C. (43-47
deg.F.)
6 9.88-13.33 deg.C. (48-56
deg.F.)
------------------------------------------------------------------------
(ii) Refrigeration plus fumigation. Refrigerate for 21 days at 0.55
deg.C. (33 deg.F.) or below, then fumigate at normal atmospheric
pressure (chamber or tarpaulin, load not to exceed 80%) with--
(A) 48 g/m\3\ (3 lb/1000 ft\3\) methyl bromide for 2 hours at 4.5
deg.C. (40-59 deg.F.), minimum gas concentration 44 g/m\3\ at \1/2\
hour, 36 g/m\3\ at 2 hours; or
(B) 40 g/m\3\ (2\1/2\ lb/1000 ft\3\) methyl bromide for 2 hours at
15.5-20.5 deg.C. (60-69 deg.F.), minimum gas concentration 36 g/m\3\
at \1/2\ hour, 28 g/m\3\ at 2 hours; or
(C) 32 g/m\3\ (2 lb/1000 ft\3\) methyl bromide for 2 hours at 21-26
deg.C. (70-79 deg.F.), minimum gas concentration 30 g/m\3\ at \1/2\
hour, 25 g/m\3\ at 2 hours.
(3) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal
atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with
32g/m\3\ (2 lb/1000 ft\3\) for 3\1/2\ hours at 21 deg.C. (70 deg.F.)
or above, minimum gas concentration 26 g/m\3\ at \1/2\ hour, 14 g/m\3\
at 4 hours.
(ii) Vapor heat. Heat by saturated water vapor at 44.4 deg.C. (112
deg.F.) until approximate center of tomato reaches 44.4 deg.C. (112
deg.F.). Maintain at 44.4 deg.C. (112 deg.F.) for 8\3/4\ hours, then
immediately cool.
(b) Premises. A field, grove, or area that is located within the
quarantined area but outside the infested core area, and that produces
regulated articles, must receive regular treatments with malathion bait
spray. These treatments must take place at 6- to 10-day intervals,
starting a sufficient time before harvest (but not less than 30 days
before harvest) to allow for completion of egg and larvae development of
the Oriental Fruit Fly. Determination of the time period must be based
on the day degrees model for Oriental fruit fly. Once treatment has
begun, it must continue through the harvest period. The malathion bait
spray treatment must be applied by aircraft or ground equipment at a
rate of 2.4 ounces of technical grade malathion and 9.6 ounces of
protein hydrolysate per acre.
(c) Soil. Soil within the drip area of plants which are producing or
have produced the fruits, nuts, vegetables, and berries listed in
Sec. 301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds
active ingredient per acre to the soil within the drip area with
sufficient water to wet the soil to at least a depth of \1/2\ inch. Both
immersion and pour-on treatment procedures are also acceptable.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
[[Page 133]]
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES--Table of Contents
Subpart--Hawaiian Fruits and Vegetables
Quarantine
Sec.
318.13 Notice of quarantine.
318.13a Administrative instructions providing exemptions from specified
requirements.
Rules and Regulations
318.13-1 Definitions.
318.13-2 Regulated articles.
318.13-3 Conditions of movement.
318.13-4 Conditions governing the issuance of certificates or limited
permits.
318.13-4a Administrative instructions authorizing the movement from
Hawaii of frozen fruits and vegetables.
318.13-4b Administrative instructions prescribing methods of vapor-
heat treatment of certain fruits and vegetables from Hawaii.
318.13-4c Administrative instructions approving methyl bromide
fumigation as a condition for certification of tomatoes for
movement from Hawaii.
318.13-4d Administrative instructions concerning the interstate
movement of avocados from Hawaii.
318.13-4e Administrative instructions governing the movement of
litchis from Hawaii to other States.
318.13-4f Administrative instructions prescribing methods for
irradiation treatment of certain fruits and vegetables from
Hawaii.
318.13-4g Administrative instructions governing movement of avocados
from Hawaii to Alaska.
318.13-4h Administrative instructions; conditions governing the
movement of the fruit of carambola from Hawaii.
318.13-5 Application for inspection.
318.13-6 Container marking and identity.
318.13-7 Products as ships' stores or in the possession of passengers
or crew.
318.13-8 Articles and persons subject to inspection.
318.13-9 Inspection of means of conveyance.
318.13-10 Inspection of baggage, other personal effects, and cargo.
318.13-11 Disinfection of means of conveyance.
318.13-12 Posting of warning notice and distribution of baggage
declarations.
318.13-13 Movements by the Department of Agriculture.
318.13-14 Parcel post inspection.
318.13-15 Costs and charges.
318.13-16 Withdrawal of certificates, transit permits, limited permits,
or compliance agreements.
318.13-17 Transit of fruits and vegetables from Hawaii into or through
the continental United States.
Subpart--Sweetpotatoes
318.30 Notice of quarantine.
318.30a Administrative instructions authorizing movement from Puerto
Rico of certain sweetpotatoes grown under specified
conditions.
Subpart--Territorial Cotton, Cottonseed, and Cottonseed Products
Quarantine
318.47 Notice of quarantine.
318.47a Administrative instructions relating to Guam.
Rules and Regulations
318.47-1 Definitions.
318.47-2 Articles the movement of which is prohibited or regulated.
318.47-3 Conditions governing the issuance of certificates and permits.
318.47-4 Shipments by the Department of Agriculture.
Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands
Quarantine
318.58 Notice of quarantine.
Rules and Regulations
318.58-1 Definitions.
318.58-2 Regulated articles.
318.58-3 Conditions of movement.
318.58-4 Issuance of certificates or limited permits.
318.58-4a Administrative instructions authorizing the movement from
Puerto Rico of frozen fruits and vegetables.
318.58-5 Application for inspection.
318.58-6 Marking of containers.
318.58-7 Products as ships' stores or in the possession of passengers
and crew.
318.58-8 Articles and persons subject to inspection.
318.58-9 Inspection of means of conveyance.
318.58-10 Inspection of baggage, other personal effects, and cargo.
318.58-11 Disinfection of means of conveyance.
318.58-12 Transit of fruits and vegetables from Puerto Rico and the
Virgin Islands of the United States into or through the
continental United States.
318.58-13 Movements by the Department of Agriculture.
318.58-14 Parcel post inspection.
318.58-15 Costs and charges.
318.58-16 Cancellation of certificates, transit permits, or limited
permits.
[[Page 134]]
Subpart--Sand, Soil, or Earth, With Plants From Territories and
Districts
318.60 Notice of quarantine.
Subpart--Guam
Quarantine
318.82 Notice of quarantine.
Regulations
318.82-1 Definitions.
318.82-2 Movement of regulated articles.
318.82-3 Costs.
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, 164a, and
167; 7 CFR 2.22, 2.80, and 371.2(c).
Source: 24 FR 10777, Dec. 29, 1959, unless otherwise noted.
Subpart--Hawaiian Fruits and Vegetables
Quarantine
Sec. 318.13 Notice of quarantine.
(a) Pursuant to section 8 of the Plant Quarantine Act of August 20,
1912, as amended (7 U.S.C. 161), and after public hearing, it has been
determined that it is necessary to quarantine Hawaii to prevent the
spread of dangerous plant diseases and insect infestations, including
the Mediterranean fruit fly (Ceratitis capitata (Wied.)), the melon fly
(Dacus cucurbitae Coq.), the oriental fruit fly (Dacus dorsalis Hendl.),
green coffee scale (Coccus viridis (Green)), the bean pod borer (Maruca
testulalis (Geyer)), the bean butterfly (Lampides boeticus (L.)), the
Asiatic rice borer (Chilo suppressalis), the mango weevil (Sternochetus
mangiferae (F.)), the Chinese rose beetle (Adoretus sinicus Burm.), and
a cactus borer (Cactoblastis cactorum (Berg.)), which are new to or not
widely prevalent or distributed within and throughout the United States,
and Hawaii is therefore quarantined.
(b) No fruits or vegetables, in the raw or unprocessed state; cut
flowers; rice straw; mango seeds; or cactus plants or parts thereof
shall be shipped, offered for shipment to a common carrier, received for
transportation or transported by a common carrier, or carried,
transported, moved, or allowed to be moved by any person from Hawaii
into or through the continental United States, Guam, Puerto Rico, or the
Virgin Islands of the United States, in manner or method or under
conditions other than those prescribed in the regulations hereinafter
made or amendments thereto: Provided, That whenever the Administrator of
the Animal and Plant Health Inspection Service shall find that existing
conditions as to the pest risk involved in the movement of any of the
articles to which the regulations supplemental hereto apply, make it
safe to modify, by making less stringent, the restrictions contained in
any of such regulations, he shall publish such finding in administrative
instructions specifying the manner in which the restrictions shall be
made less stringent, whereupon such modification shall become effective;
or he may, when the public interest will permit, with respect to the
movement of any of such articles to Guam, upon request in specific cases
and notification to the person making the request, authorize their
certification under conditions, specified in the certificate to carry
out the purposes of this subpart, that are less stringent than those
contained in the regulations: And provided, further, That no
restrictions are placed hereby on the movement of cactus plants from
Hawaii to St. Croix, Virgin Islands of the United States, or on the
movement of coconuts from Hawaii into or through the continental United
States, Guam, Puerto Rico, or the Virgin Islands of the United States.
(c) This subpart leaves in full force and effect Sec. 318.30 which
restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands
of the United States into or through any other State or certain
Territories or Districts of the United States of all varieties of
sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and
effect Sec. 318.60 which restricts the movement from Hawaii, Puerto
Rico, or the Virgin Islands of the United States into or through any
other State or certain Territories or Districts of the United States of
sand, soil, or earth about the roots of plants.
(d) Regulations governing the movement of live plant pests
designated in
[[Page 135]]
this section are contained in part 330 of this chapter.
[28 FR 13280, Dec. 7, 1963, as amended at 33 FR 14621, Oct. 1, 1968; 36
FR 24917, Dec. 24, 1971; 55 FR 38979, Sept. 24, 1990]
Sec. 318.13a Administrative instructions providing exemptions from specified requirements.
(a) The following fruits, vegetables, and other products may be
moved from Hawaii into or through Guam without certification or other
restriction under this subpart:
(1) [Reserved]
(2) Cut flowers, as defined in Sec. 318.13-1.
(3) All fruits and vegetables designated in Sec. 318.13-2(b).
(4) Beets, rutabagas, and turnips; when without tops.
(b) [Reserved]
[33 FR 14621, Oct. 1, 1968, as amended at 54 FR 3578, Jan. 25, 1989; 55
FR 38979, Sept. 24, 1990]
Rules and Regulations
Sec. 318.13-1 Definitions.
For the purpose of the regulations in this subpart the following
words, names, and terms shall be construed, respectively, to mean:
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
other employee of the Animal and Plant Health Inspection Service to whom
authority has been or may be delegated to act in the Administrator's
stead.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of Agriculture
(APHIS).
Cactus plants. Any of various fleshy-stemmed plants of the botanical
family Cactaceae.
Certificate. A document signed by an inspector certifying that a
particular ship, vessel, other surface craft, or aircraft, or any
specified lot or shipment of fruits or vegetables or other plant
materials, via baggage, parcel post, express, freight or other mode of
transportation, has been inspected and found apparently free from
articles the movement of which is prohibited by the quarantine and
regulations in this subpart, and from the plant pests referred to in
said quarantine; or that the lot or shipment is of such a nature that no
danger of infestation or infection is involved; or that it has been
treated in a manner to eliminate infestation. A certificate covering
treated products must state the treatment applied.
Commercial shipment. Shipment containing fruits and vegetables that
an inspector identifies as having been produced for sale or distribution
in mass markets. Such identification will be based on a variety of
indicators, including, but not limited to: Quantity of produce, type of
packaging, identification of grower and packing house on the packaging,
and documents consigning the shipment to a wholesaler or retailer.
Compliance agreement. Any agreement to comply with stipulated
conditions as prescribed under Sec. 318.13-3(b), Sec. 318.13-4(b), or
Sec. 318.13-4f of this subpart, executed by any person to facilitate the
interstate movement of regulated articles under this subpart.
Continental United States. The 48 contiguous States, Alaska, and the
District of Columbia.
Cut flowers. Any cut blooms, fresh foliage customarily used in the
florist trade, and dried decorative plant material.
Disinfection (disinfect and disinfected). The application to parts
or all of a ship, vessel, other surface craft, or aircraft of a
treatment that may be designated by the inspector as effective against
such plant pests as may be present. (``Disinfect'' and ``disinfected''
shall be construed accordingly.)
Fruits and vegetables. The more or less succulent portions of food
plants, and parts thereof, in raw or unprocessed state, such as bananas,
pineapples, potatoes, ginger roots, tomatoes, peppers, mellons, citrus,
mangoes, etc.
Inspector. An employee of Plant Protection and Quarantine, or a
State plant regulatory official designated by the Administrator to
inspect and certify to shippers and other interested parties, as to the
condition of the products inspected. To be eligible for designation, a
State plant regulatory official must have a bachelor's degree in the
biological sciences, a minimum of 2
[[Page 136]]
years' experience in State plant regulatory activities, and a minimum of
2 years' experience in recognizing and identifying plant pests known to
occur within Hawaii. Six years' experience in State plant regulatory
activities may be substituted for the degree requirement.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector or a person
operating under a compliance agreement for the interstate movement of
regulated articles to a specified destination for:
(1) Consumption, limited utilization or processing, or treatment; or
(2) Movement into or through the continental United States in
conformity with a transit permit.
Mango seeds. Seeds of the fruit of mango (Mangifera spp.), fresh or
dried.
Means of conveyance. For the purposes of Sec. 318.13-17 of this
subpart, ``means of conveyance'' shall mean a ship, truck, aircraft, or
railcar.
Moved (move and movement). Shipped, offered for shipment to a common
carrier, received for transportation or transported by a common carrier,
or carried, transported, moved, or allowed to be moved, directly or
indirectly, from Hawaii into or through the continental United States,
Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands
of the United States (or from or into or through other places as
specified in this subpart). Local intrastate movement is in no way
affected by the regulations in this subpart. (``Move'' and ``movement''
shall be construed accordingly.)
Person. Any individual, corporation, company, society, association,
or other organized group.
Plant pests. The injurious insects and plant diseases referred to in
Sec. 318.13, in any stage of development.
Rice straw. Stems or straw of rice (Oryza sativa), when used as
packing material or for other purposes.
Sealed (sealable) container. A completely enclosed container
designed for the storage and/or transportation of commercial air, sea,
rail, or truck cargo, and constructed of metal or fiberglass, or other
similarly sturdy and impenetrable material, providing an enclosure
accessed through doors that are closed and secured with a lock or seal.
Sealed (sealable) containers used for sea shipments are distinct and
separable from the means of conveyance carrying them when arriving in
and in transit through the continental United States. Sealed (sealable)
containers used for air shipments are distinct and separable from the
means of conveyance carrying them before any transloading in the
continental United States. Sealed (sealable) containers used for air
shipments after transloading in the continental United States or for
overland shipments in the continental United States may either be
distinct and separable from the means of conveyance carrying them, or be
the means of conveyance itself.
State. Each of the 50 States of the United States, the District of
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the
Virgin Islands of the United States, and all other territories and
possessions of the United States.
Transit permit. A written authorization issued by the Administrator
for the movement of fruits and vegetables en route to a foreign
destination that are otherwise prohibited movement by this subpart into
or through the continental United States. Transit permits authorize one
or more shipments over a designated period of time.
Transloading. The transfer of cargo from one sealable container to
another, from one means of conveyance to another, or from a sealable
container directly into a means of conveyance.
United States. The States, District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, and the Virgin Islands of the United
States.
[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13280, Dec. 7, 1963; 33
FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25,
1972; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 54 FR 391,
Jan. 6, 1989; 55 FR 38979, Sept. 24, 1990; 56 FR 59207, Nov. 25, 1991;
58 FR 7958, Feb. 11, 1993; 59 FR 66641, Dec. 28, 1994; 61 FR 5924, Feb.
15, 1996; 62 FR 36974, July 10, 1997]
Sec. 318.13-2 Regulated articles.
(a)(1) Prohibited movement. Fruits, vegetables, and other products
specified in Sec. 318.13, and not eligible for inspection and
certification under
[[Page 137]]
Sec. 318.13-4 or otherwise expressly authorized movement either in the
regulations in this subpart or in administrative instructions issued by
the Administrator of the Animal and Plant Health Inspection Service are
prohibited movement.
(2) Avocados which have been moved to Alaska in accordance with
Sec. 318.13-4g are prohibited movement from Alaska into or through other
places in the continental United States, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands of the United States.
(b) Regulated movement. The movement of the following fruits and
vegetables from Hawaii is allowed throughout the year upon compliance
with the regulations in this subpart:
Aechmea bracteata (Sw.) Griseb, fruit-bearing panicles.
Allium spp., such as chives, garlic, leek, onions, and shallot.
Arrowhead (Sagittaria sagittifolia).
Arrowroot (Maranta arundinacea).
Artichoke, globe (Cynara scolymus).
Artichoke, Jerusalem (Helianthus tuberosus).
Asparagus (Asparagus officinalis).
Bean sprouts, soy (Glycine hispida).
Bean sprouts, mungo (Phaseolus aureus).
Beets (Beta vulgaris).
Broccoli (Brassica aleracea (Botrytis group)).
Brussel sprouts (Brassica oleracera (Gemifera group)).
Burdock, great (Arctium lappa, Lappa major, L. edulis).
Butterbur (Petasites japonicus).
Cabbage (Brassica oleracea).
Cabbage, Chinese (Brassica pekinensis, B. chinensis).
Carrot (Daucus carota satira).
Cassava (Manihot sp.).
Cauliflower (Brassica oleracea [Botrytis group]).
Celery (Apium graveolens).
Chinese spinach (Amaranthus gangeticus).
Chrysanthemum, garland (Chrysanthemum coronarium).
Coriander (Coriandrum sativum).
Dandelion (Taraxacum officinale).
Dropwort, water (Oenanthe stolonifera).
Foxheads or Nipple fruits (Solanum mamosum).
Ginger bracts (Zingiber mioga).
Ginger root (Zingiber officinale).
Honewort (Cryptotaenia canadensis).
Jesuit's nut (Trapa bicornis, T. natans).
Kudzu (Pueraria thunbergiana).
Lettuce (Lactuca sativa)
Lily root (Nelumbium nucifera).
Mahogany fruit (Swietenia mahagoni (L.) Jacq.).
Mustard greens (Brassica spp).
Mugwort (Artemisia vulgaris).
Nightshade, Malabar (Bassella rubra).
Parsley (Petroselinum hortense).
Perilla (Perilla frutescens).
Pineapples (Ananas sativa), smooth Cayenne.
Pineapple hybrids 53-116, 59-433, D10, and D20 (Ananas Sativa).
Potato (Solanum tuberosum).
Radish greens (Raphanus sativus longipinnatus).
Radish, oriental (Raphanus sativus longipinnatus).
Rhubarb (Rheum rhaponticum).
Sausage fruit (Kigelia pinnata (Jacq.)).
Spinach (Spinacia oleracea).
Sweet corn (Zea mays).
Taro root, shoots and stalks (Colocasia antiqorum esculentum).
Turnips (Brassica rapa).
Watercress (Nasturtium officinale).
Waternut (waterchestnut) (Eleocharis dulcis (E. tuberosa) (Scirpus
tuberosus)).
Wood rose (Ipomoea tuberosa L.).
Yam bean root (Pachyrhizus erosus).
Yams Dioscorea (spp.).
Provided, That additions of other fruits and vegetables may be made to
the foregoing list of regulated articles by the Administrator of the
Animal and Plant Health Inspection Service when he determines that such
fruits or vegetables, either as ordinarily packed and shipped or after
treatment, do not involve risk of spreading any of the plant pests
designated in the foregoing quarantine, and when such findings have been
made known in administrative instructions of the Deputy Administrator of
the Plant Protection and Quarantine Programs.
[24 FR 10777, Dec. 29, 1959, as amended at 27 FR 8345, Aug. 22, 1962; 27
FR 8907, Sept. 7, 1962; 30 FR 5619, Apr. 21, 1965; 33 FR 14621, Oct. 1,
1968; 34 FR 4879, Mar. 6, 1969; 36 FR 24917, Dec. 24, 1971; 44 FR 10701,
Feb. 23, 1979; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 55
FR 38979, Sept. 24, 1990; 59 FR 66641, Dec. 28, 1994]
Sec. 318.13-3 Conditions of movement.
(a) To any destination. Any regulated articles may be moved
interstate from Hawaii in accordance with this subpart to any
destination if:
(1) The movement is authorized by a valid certificate issued in
accordance with Sec. 318.13-4 (a) or (b) and the movement complies with
the conditions of
[[Page 138]]
any applicable compliance agreement made under Sec. 318.13-4(d), or
(2) The movement is exempted from certificates or limited permit
requirements by administrative instructions in this subpart.
(b)(1) To restricted destinations. Smooth Cayenne pineapples; fresh
fruit cocktail; inflight baskets of fruit; and cut flowers as defined in
Sec. 318.13-1 (except cut blooms of gardenia, mauna loa, and jade vine,
and leis thereof) may be moved interstate from Hawaii under limited
permit, to a destination specified in the permit, directly from an
establishment operated in accordance with the terms of a compliance
agreement executed by the operator of the establishment, if the articles
have not been exposed to infestation and they are not accompanied by any
articles prohibited interstate movement under this subpart.
(2) Avocados may be moved interstate from Hawaii to Alaska if the
provisions of Sec. 318.13-4g are met, and if they are accompanied by a
limited permit issued by an APHIS inspector in accordance with
Sec. 318.13-4(c).
(3) Untreated fruits and vegetables from Hawaii may be moved
interstate for irradiation treatment on the mainland United States if
the provisions of Sec. 318.13-4f are met and if the fruits and
vegetables are accompanied by a limited permit issued by an inspector in
accordance with Sec. 318.13-4(c). The limited permit will be issued only
if the inspector examines the shipment and determines that the shipment
has been prepared in compliance with the provisions of this subpart.
(c) To a foreign destination after transiting the continental United
States. Fruits and vegetables from Hawaii otherwise prohibited movement
from the State of Hawaii into or through the continental United States
by this subpart may transit the continental United States en route to a
foreign destination when moved in accordance with Sec. 318.13-17 of this
subpart.
(d) Segregation of certified articles. Articles certified after
treatment in accordance with Sec. 318.13-4(b), taken aboard any ship,
vessel, other surface craft, or aircraft in Hawaii must be segregated
and protected in a manner as required by the inspector.
(e) Attachment of certificates and limited permits. Except as
otherwise provided for certain air cargo and containerized cargo on
ships moved in accordance with Sec. 318.13-10, each box, bale, crate, or
other container of regulated articles moved under certificate or limited
permit shall have the certificate or limited permit attached to the
outside of the container: Provided, That if a certificate or limited
permit is issued for a shipment of more than one container of for bulk
products, the certificate or limited permit shall be attached to or
stamped on the accompanying waybill, manifest, or bill of lading.
[33 FR 14621, Oct. 1, 1968, as amended at 52 FR 8864, Mar. 20, 1987; 54
FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb.
11, 1993; 59 FR 66641, Dec. 28, 1994; 62 FR 36974, July 10, 1997]
Sec. 318.13-4 Conditions governing the issuance of certificates or limited permits.
Certificates or limited permits may be issued for the movement of
articles allowed movement in accordance with the regulations in this
subpart under the following conditions:
(a) Certification on basis of inspection or nature of lot involved.
Fruits and vegetables designated in Sec. 318.13-2(b) may be certified
when they have been inspected by an inspector and found apparently free
from infestation and infection, or without such inspection when the
inspector determines that the lot for shipment is of such a nature that
no danger of infestation or infection is involved.
(b) Certification on basis of treatment. Fruits, vegetables, and
other products designated in Sec. 318.13, which are not listed in
Sec. 318.13-2(b) and for which treatments may be approved by the
Administrator of the Animal and Plant Health Inspection Service, may be
certified if such treatments have been applied under the observation of
an inspector in accordance with administratively approved procedure and
if the articles were handled after such treatment in accordance with
conditions prescribed in a compliance agreement executed by the
applicant for the certificate or were handled after such treatment under
such supervision of an
[[Page 139]]
inspector as the inspector may require. Any treatment that may be
approved must be applied at the expense of the shipper, owner, or person
in charge of such articles. The Department of Agriculture or its
inspector will not be responsible for loss or damage resulting from any
treatment prescribed or supervised.
(c) Limited permits. (1) Limited permits may be issued by an
inspector for the movement of noncertified regulated articles designated
in Sec. 318.13-3(b) of this subpart.
(2) Limited permits may be issued by an inspector for the movement
of fruits and vegetables otherwise prohibited movement under this
subpart, if the articles are to be moved in accordance with Sec. 318.13-
17 of this subpart.
(3) Except when the regulations specify an inspector must issue the
limited permit, limited permits may be issued by a person operating
under a compliance agreement.
(d) Compliance agreements. As a condition of issuance of a limited
permit under paragraph (c)(3) of this section, or a certificate under
paragraph (b) of this section for the movement of regulated articles for
which a compliance agreement is required, the person applying for the
permit or certificate must sign a compliance agreement stipulating that
he will use all such permits or certificates issued to him in accordance
with the provisions thereof and of the compliance agreement; will
maintain at his establishment such safeguards against the establishment
and spread of infestation and infection and comply with such conditions
as to the maintenance of identity, handling (including post treatment
handling), and interstate movement of regulated articles under such
permits or certificates and the cleaning and treatment of means of
conveyance and containers used in such movement of the articles, as may
be required by the inspector in each specific case to prevent the spread
of infestation or infection; and will allow inspectors to inspect the
establishment and operations thereof.
(Approved by the Office of Management and Budget under control number
0579-0088)
[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 52
FR 8864, Mar. 20, 1987; 55 FR 38979, Sept. 24, 1990; 57 FR 31307, July
15, 1992; 58 FR 7959, Feb. 11, 1993; 59 FR 48992, Sept. 26, 1994; 59 FR
66641, Dec. 28, 1994]