section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 7:7:5.1.1.1.1.0.1.1,7,Agriculture,III,,300,PART 300—INCORPORATION BY REFERENCE,,,,§ 300.1 [Reserved],APHIS,,,, 7:7:5.1.1.1.1.0.1.2,7,Agriculture,III,,300,PART 300—INCORPORATION BY REFERENCE,,,,§ 300.2 Dry Kiln Operator's Manual.,APHIS,,,"[67 FR 8463, Feb. 25, 2002 as amended at 84 FR 2427, Feb. 7, 2019]","(a) The Dry Kiln Operator's Manual, which was published in August 1991 as Agriculture Handbook No. 188 by the United States Department of Agriculture, Forest Service, has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (b) The kiln drying schedules specified in the Dry Kiln Operator's Manual provide a method by which certain articles regulated by “Subpart I—Logs, Lumber, and Other Wood Articles ” (7 CFR 319.40-1 through 319.40-11) may be imported into the United States. (c) Availability. Copies of the Dry Kiln Operator's Manual: (1) Are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html; or (2) Are for sale as ISBN 0-16-035819-1 by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328." 7:7:5.1.1.1.1.0.1.3,7,Agriculture,III,,300,PART 300—INCORPORATION BY REFERENCE,,,,§ 300.3 Reference Manual A.,APHIS,,,,"(a) The Reference Manual for Administration, Procedures, and Policies of the National Seed Health System, which was published on February 25, 2000, by the National Seed Health System (NSHS), has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (b) Availability. Copies of Reference Manual A: (1) Are available for inspection at the APHIS Library, U.S. Department of Agriculture, 4700 River Road, Riverdale, MD or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ; or (2) May be obtained by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236; or (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation." 7:7:5.1.1.1.1.0.1.4,7,Agriculture,III,,300,PART 300—INCORPORATION BY REFERENCE,,,,§ 300.4 Reference Manual B.,APHIS,,,,"(a) The Reference Manual for Seed Health Testing and Phytosanitary Field Inspection Methods, which was published on February 27, 2001, by the National Seed Health System (NSHS), has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (b) Availability. Copies of Reference Manual B: (1) Are available for inspection at the APHIS Library, U.S. Department of Agriculture, 4700 River Road, Riverdale, MD or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ; or (2) May be obtained by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236; or (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation." 7:7:5.1.1.1.1.0.1.5,7,Agriculture,III,,300,PART 300—INCORPORATION BY REFERENCE,,,,§ 300.5 International Standards for Phytosanitary Measures.,APHIS,,,"[68 FR 37915, June 25, 2003]","(a) The International Standards for Phytosanitary Measures Publication No. 4, “Requirements for the Establishment of Pest Free Areas,” which was published February 1996 by the International Plant Protection Convention of the United Nations' Food and Agriculture Organization has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (b) Availability. Copies of International Standards for Phytosanitary Measures Publication No. 4: (1) Are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ; or (2) May be obtained by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236; or (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/standards/." 7:7:5.1.1.1.10.0.47.1,7,Agriculture,III,,340,PART 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,,,,§ 340.0 Restrictions on the introduction of regulated articles.,APHIS,,,,"(a) No person shall introduce any regulated article unless the Administrator is: (1) Notified of the introduction in accordance with § 340.3, or such introduction is authorized in accordance with § 340.4, or such introduction is conditionally exempt from permit requirements under § 340.2(b); and (2) Such introduction is in conformity with all other applicable restrictions in this part. 1 1 Part 340 regulates, among other things, the introduction of organisms and products altered or produced through genetic engineering that are plant pests or are believed to be plant pests. The introduction into the United States of such articles may also be subject to other regulations promulgated under the Plant Protection Act (7 U.S.C. 7701-7772) and found in 7 CFR part 319, 330, and 360. For example, under regulations promulgated in “Subpart H—Plants for Planting” (7 CFR 319.37-5 of this chapter), a permit is required for the importation of certain classes of plants for planting whether such plants are genetically engineered or not. Accordingly, individuals should refer to those regulations before importing any plants for planting. (b) Any regulated article introduced not in compliance with the requirements of this part shall be subject to the immediate application of such remedial measures or safeguards as an inspector determines necessary to prevent the introduction of such plant pests. 2 2 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 411, 412, 421, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7731, and 7754)." 7:7:5.1.1.1.10.0.47.10,7,Agriculture,III,,340,PART 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,,,,§ 340.9 Costs and charges.,APHIS,,,,"The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost. 13 The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of this part, other than for the services of the inspector. 13 The Department's provisions relating to overtime charges for an inspector's services are set forth in 7 CFR part 354." 7:7:5.1.1.1.10.0.47.2,7,Agriculture,III,,340,PART 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,,,,§ 340.1 Definitions.,APHIS,,,,"Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspection Service (APHIS) or any other employee of APHIS to whom authority has been or may be delegated to act in the Administrator's stead. Animal and Plant Health Inspection Service (APHIS). An agency of the United States Department of Agriculture. Antecedent organism. An organism that has already been the subject of a determination of nonregulated status by APHIS under § 340.6, and that is used as a reference for comparison to the regulated article under consideration under these regulations. Courtesy permit. A written permit issued by the Administrator, in accordance with § 340.4(h). Donor organism. The organism from which genetic material is obtained for transfer to the recipient organism. Environment. All the land, air, and water; and all living organisms in association with land, air and water. Expression vector. A cloning vector designed so that a coding sequence inserted at a particular site will be transcribed and translated into protein. Genetic engineering. The genetic modification of organisms by recombinant DNA techniques. Inspector. Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Administrator, in accordance with law to enforce the provisions of this part. Interstate. From any State into or through any other State. Introduce or introduction. To move into or through the United States, to release into the environment, to move interstate, or any attempt thereat. Move (moving, movement). To ship, offer for shipment, offer for entry, import, receive for transportation, carry, or otherwise transport or move, or allow to be moved into, through, or within the United States. Organism. Any active, infective, or dormant stage or life form of an entity characterized as living, including vertebrate and invertebrate animals, plants, bacteria, fungi, mycoplasmas, mycoplasma-like organisms, as well as entities such as viroids, viruses, or any entity characterized as living, related to the foregoing. Permit. A written permit issued by the Administrator, for the introduction of a regulated article under conditions determined by the Administrator, not to present a risk of plant pest introduction. Person. Any individual, partnership, corporation, company, society, association, or other organized group. Plant. Any living stage or form of any member of the plant kingdom 3 including, but not limited to, eukaryotic algae, mosses, club mosses, ferns, angiosperms, gymnosperms, and lichens (which contain algae) including any parts ( e.g., pollen, seeds, cells, tubers, stems) thereof, and any cellular components ( e.g., plasmids, ribosomes, etc.) thereof. 3 The taxonomic scheme for the plant kingdom is that found in Synopsis and Classification of Living Organisms by S.P. Parker, McGraw Hill (1984). Plant pest. Any living stage (including active and dormant forms) of insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof; viruses; or any organisms similar to or allied with any of the foregoing; or any infectious agents or substances, which can directly or indirectly injure or cause disease or damage in or to any plants or parts thereof, or any processed, manufactured, or other products of plants. Product. Anything made by or from, or derived from an organism, living or dead. Recipient organism. The organism which receives genetic material from a donor organism. Regulated article. Any organism which has been altered or produced through genetic engineering, if the donor organism, recipient organism, or vector or vector agent belongs to any genera or taxa designated in § 340.2 and meets the definition of plant pest, or is an unclassified organism and/or an organism whose classification is unknown, or any product which contains such an organism, or any other organism or product altered or produced through genetic engineering which the Administrator, determines is a plant pest or has reason to believe is a plant pest. Excluded are recipient microorganisms which are not plant pests and which have resulted from the addition of genetic material from a donor organism where the material is well characterized and contains only non-coding regulatory regions. Release into the environment. The use of a regulated article outside the constraints of physical confinement that are found in a laboratory, contained greenhouse, or a fermenter or other contained structure. Responsible person. The person who has control and will maintain control over the introduction of the regulated article and assure that all conditions contained in the permit and requirements in this part are complied with. A responsible person shall be a resident of the United States or designate an agent who is a resident of the United States. Secretary. The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his/her stead has been or may hereafter be delegated. Stably integrated. The cloned genetic material is contiguous with elements of the recipient genome and is replicated exclusively by mechanisms used by recipient genomic DNA. State. Any State, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other Territories or Districts of the United States. State regulatory official. State official with responsibilities for plant health, or any other duly designated State official, in the State where the introduction is to take place. United States. All of the States. Vector or vector agent. Organisms or objects used to transfer genetic material from the donor organism to the recipient organism. Well-characterized and contains only non-coding regulatory regions ( e.g., operators, promoters, origins of replication, terminators, and ribosome binding regions). The genetic material added to a microorganism in which the following can be documented about such genetic material: (a) The exact nucleotide base sequence of the regulatory region and any inserted flanking nucleotides; (b) The regulatory region and any inserted flanking nucleotides do not code for protein or peptide; and (c) The regulatory region solely controls the activity of other sequences that code for protein or peptide molecules or act as recognition sites for the initiation of nucleic acid or protein synthesis." 7:7:5.1.1.1.10.0.47.3,7,Agriculture,III,,340,PART 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,,,,§ 340.2 Groups of organisms which are or contain plant pests and exemptions.,APHIS,,,,"(a) Groups of organisms which are or contain plant pests. The organisms that are or contain plant pests are included in the taxa or group of organisms contained in the following list. Within any taxonomic series included on the list, the lowest unit of classification actually listed is the taxon or group which may contain organisms which are regulated. Organisms belonging to all lower taxa contained within the group listed are included as organisms that may be or may contain plant pests, and are regulated if they meet the definition of plant pest in § 340.1. 4 4 Any organism belonging to any taxa contained within any listed genera or taxa is only considered to be a plant pest if the organism “can directly or indirectly injure, or cause disease, or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.” Thus a particular unlisted species within a listed genus would be deemed a plant pest for purposes of § 340.2, if the scientific literature refers to the organism as a cause of direct or indirect injury, disease, or damage to any plants, plant parts or products of plants. (If there is any question concerning the plant pest status of an organism belonging to any listed genera or taxa, the person proposing to introduce the organism in question should consult with APHIS to determine if the organism is subject to regulation.) Any genetically engineered organism composed of DNA or RNA sequences, organelles, plasmids, parts, copies, and/or analogs, of or from any of the groups of organisms listed below shall be deemed a regulated article if it also meets the definition of plant pest in § 340.1. All members of groups containing plant viruses, and all other plant and insect viruses Family Pseudomonadaceae Genus Pseudomonas Genus Xanthomonas Family Rhizobiaceae Genus Rhizobium Genus Bradyrhizobium Genus Agrobacterium Genus Phyllobacterium Family Enterobacteriaceae Genus Erwinia Family Streptomycetaceae Genus Streptomyces Family Actinomycetacease Genus Actinomyces Genus Clavibacter Genus Arthrobacter Genus Curtobacterium Genus Corynebacteria Gram-negative phloem-limited bacteria associated with plant diseases Gram-negative xylem-limited bacteria associated with plant diseases And all other bacteria associated with plant or insect diseases Rickettsiaceae Rickettgial-like organisms associated with insect diseases Order Mycoplasmatales Family Spiroplasmataceae Genus Spiroplasma Mycoplasma-like organisms associated with plant diseases Mycoplasma-like organisms associated with insect diseases Genus Cephaleuros Genus Rhodochytrium Genus Phyllosiphon Class Plasmodiophoromycetes Order Chytridiales Order Lagenidiales Family Lagenidiaceae Family Olpidiopsidaceae Order Peronosporales Family Albuginaceae Family Peronosporaceae Family Pythiaceae Order Saprolegniales Family Saprolegniaceae Family Leptolegniellaceae Order Mucorales Family Choanephoraceae Family Mucoraceae Family Entomophthoraceae Family Protomycetaceae Family Taphrinaceae Order Myriangiales Family Elsinoeaceae Family Myriangiaceae Order Asterinales Order Dothideales Order Chaetothyriales Order Hysteriales Family Parmulariaceae Family Phillipsiellaceae Family Hysteriaceae Order Pleosporales Order Melanommatales Order Eurotiales Family Ophiostomataceae Order Ascophaerales Order Erysiphales Order Meliolales Order Xylariales Order Diaporthales Order Hypocreales Order Clavicipitales Order Phacidiales Order Helotiales Family Ascocorticiceae Family Hemiphacidiaceae Family Dermataceae Family Sclerotiniaceae Order Cytarriales Order Medeolariales Order Pezziales Family Sarcosomataceae Family Sarcoscyphaceae Family Auriculariaceae Family Ceratobasidiaceae Order Exobasidiales Order Agaricales Family Corticiaceae Family Hymenochaetaceae Family Echinodontiaceae Family Fistulinaceae Family Clavariaceae Family Polyporaceae Family Tricholomataceae And all other fungi associated with plant or insect diseases Organisms listed in the Code of Federal Regulations as noxious weeds are regulated under the Federal Noxious Weed Act. Family Balanophoraceae—parasitic species Family Cuscutaceae—parasitic species Family Hydnoraceae—parasitic species Family Krameriaceae—parasitic species Family Lauraceae—parasitic species Genus Cassytha Family Lennoaceae—parasitic species Family Loranthaceae—parasitic species Family Myzodendraceae—parasitic species Family Olacaceae—parasitic species Family Orobanchaceae—parasitic species Family Rafflesiaceae—parasitic species Family Santalaceae—parasitic species Family Scrophulariaceae—parasitic species Genus Alectra Genus Bartsia Genus Buchnera Genus Buttonia Genus Castilleja Genus Centranthera Genus Cordylanthus Genus Dasistoma Genus Euphrasia Genus Gerardia Genus Harveya Genus Hyobanche Genus Lathraea Genus Melampyrum Genus Melasma Genus Orthantha Genus Orthocarpus Genus Pedicularis Genus Rhamphicarpa Genus Rhinanthus Genus Schwalbea Genus Seymeria Genus Siphonostegia Genus Sopubia Genus Striga Genus Tozzia Family Viscaceae—parasitic species Genus Phytomonas And all Protozoa associated with insect diseases Order Tylenchida Family Anguinidae Family Belonolaimidae Family Caloosiidae Family Criconematidae Family Dolichodoridae Family Fergusobiidae Family Hemicycliophoridae Family Heteroderidae Family Hoplolaimidae Family Meloidogynidae Family Nacobbidae Family Neotylenchidae Family Nothotylenchidae Family Paratylenchidae Family Pratylenchidae Family Tylenchidae Family Tylenchulidae Order Aphelenchida Family Aphelenchoididae Order Dorylaimida Family Longidoridae Family Trichodoridae Subclass Pulmonata Order Basommatophora Superfamily Planorbacea Order Stylommatophora Subfamily Strophocheilacea Family Succineidae Superfamily Achatinacae Superfamily Arionacae Superfamily Limacacea Superfamily Helicacea Order Systellommatophora Superfamily Veronicellacea Order Parasitiformes Suborder Mesostigmata Superfamily Ascoidea Superfamily Dermanyssoidea Order Acariformes Suborder Prostigmata Superfamily Eriophyoidea Superfamily Tetranychoidea Superfamily Eupodoidea Superfamily Tydeoidea Superfamily Erythraenoidea Superfamily Trombidioidea Superfamily Hydryphantoidea Superfamily Tarsonemoidea Superfamily Pyemotoidea Suborder Astigmata Superfamily Hemisarcoptoidea Superfamily Acaroidea Order Polydesmida Order Collembola Family Sminthoridae Order Isoptera Order Thysanoptera Order Orthoptera Family Acrididae Family Gryllidae Family Gryllacrididae Family Gryllotalpidae Family Phasmatidae Family Ronaleidae Family Tettigoniidae Family Tetrigidae Order Hemiptera Family Thaumastocoridae Family Aradidae Superfamily Piesmatoidea Superfamily Lygaeoidea Superfamily Idiostoloidea Superfamily Coreoidea Superfamily Pentatomoidea Superfamily Pyrrhocoroidea Superfamily Tingoidea Superfamily Miroidea Order Homoptera Order Coleoptera Family Anobiidae Family Apionidae Family Anthribidae Family Bostrichidae Family Brentidae Family Bruchidae Family Buprestidae Family Byturidae Family Cantharidae Family Carabidae Family Cerambycidae Family Chrysomelidae Family Coccinellidae Subfamily Epilachninae Family Curculionidae Family Dermestidae Family Elateridae Family Hydrophilidae Genus Helophorus Family Lyctidae Family Meloidae Family Mordellidae Family Platypodidae Family Scarabaeidae Subfamily Melolonthinae Subfamily Rutelinae Subfamily Cetoniinae Subfamily Dynastinae Family Scolytidae Family Selbytidae Family Tenebrionidae Order Lepidoptera Order Diptera Family Agromyzidae Family Anthomyiidae Family Cecidomyiidae Family Chloropidae Family Ephydridae Family Lonchaeidae Family Muscidae Genus Atherigona Family Otitidae Genus Euxeta Family Syrphidae Family Tephritidae Family Tipulidae Order Hymenoptera Family Apidae Family Caphidae Family Chalcidae Family Cynipidae Family Eurytomidae Family Formicidae Family Psilidae Family Siricidae Family Tenthredinidae Family Torymidae Family Xylocopidae Unclassified organisms and/or organisms whose classification is unknown. (b) Exemptions. (1) A limited permit for interstate movement shall not be required for genetic material from any plant pest contained in Escherichia coli genotype K-12 (strain K-12 and its derivatives), sterile strains of Saccharomyces cerevisiae, or asporogenic strains of Bacillus subtilis, provided that all the following conditions are met: (i) The microorganisms are shipped in a container that meets the requirements of § 340.8(b)(3); (ii) The cloned genetic material is maintained on a nonconjugation proficient plasmid and the host does not contain other conjugation proficient plasmids or generalized transducing phages; (iii) The cloned material does not include the complete infectious genome of a known plant pest; (iv) The cloned genes are not carried on an expression vector if the cloned genes code for: (A) A toxin to plants or plant products, or a toxin to organisms beneficial to plants; or (B) Other factors directly involved in eliciting plant disease ( i.e., cell wall degrading enzymes); or (C) Substances acting as, or inhibitory to, plant growth regulators. (2) A limited permit for interstate movement is not required for genetic material from any plant pest contained in the genome of the plant Arabiodopsis thaliana, provided that all of the following conditions are met: (i) The plants or plant materials are shipped in a container that meets the requirements of § 340.8(b)(1), (2), and (3); (ii) The cloned genetic material is stably integrated into the plant genome; (iii) The cloned material does not include the complete infectious genome of a known plant pest." 7:7:5.1.1.1.10.0.47.4,7,Agriculture,III,,340,PART 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,,,,§ 340.3 Notification for the introduction of certain regulated articles.,APHIS,,,,"5 APHIS may issue guidelines regarding scientific procedures, practices, or protocols which it has found acceptable in making various determinations under the regulations. A person may follow an APHIS guideline or follow different procedures, practices, or protocols. When different procedures, practices, or protocols are followed, a person may, but is not required to, discuss the matter in advance with APHIS to help ensure that the procedures, practices, or protocols to be followed will be acceptable to APHIS. (a) General. Certain regulated articles may be introduced without a permit, provided that the introduction is in compliance with the requirements of this section. Any other introduction of regulated articles require a permit under § 340.4, with the exception of introductions that are conditionally exempt from permit requirements under § 340.2(b) of this part. (b) Regulated articles eligible for introduction under the notification procedure. Regulated articles which meet all of the following six requirements and the performance standards set forth in paragraph (c) of this section are eligible for introduction under the notification procedure. (1) The regulated article is any plant species that is not listed as a noxious weed in regulations at 7 CFR part 360 under the Plant Protection Act (7 U.S.C. 7712), and, when being considered for release into the environment, the regulated article is not considered by the Administrator to be a weed in the area of release into the environment. (2) The introduced genetic material is “stably integrated” in the plant genome, as defined in § 340.1. (3) The function of the introduced genetic material is known and its expression in the regulated article does not result in plant disease. (4) The introduced genetic material does not: (i) Cause the production of an infectious entity, or (ii) Encode substances that are known or likely to be toxic to nontarget organisms known or likely to feed or live on the plant species, or (iii) Encode products intended for pharmaceutical or industrial use. (5) To ensure that the introduced genetic sequences do not pose a significant risk of the creation of any new plant virus, plant virus-derived sequences must be: (i) Noncoding regulatory sequences of known function, or (ii) Sense or antisense genetic constructs derived from viral genes from plant viruses that are prevalent and endemic in the area where the introduction will occur and that infect plants of the same host species, and that do not encode a functional noncapsid gene product responsible for cell-to-cell movement of the virus. (6) The plant has not been modified to contain the following genetic material from animal or human pathogens: (i) Any nucleic acid sequence derived from an animal or human virus, or (ii) Coding sequences whose products are known or likely causal agents of disease in animals or humans. (c) Performance standards for introductions under the notification procedure. The following performance standards must be met for any introductions under the notification procedure. (1) If the plants or plant materials are shipped, they must be shipped in such a way that the viable plant material is unlikely to be disseminated while in transit and must be maintained at the destination facility in such a way that there is no release into the environment. (2) When the introduction is an environmental release, the regulated article must be planted in such a way that they are not inadvertently mixed with non-regulated plant materials of any species which are not part of the environmental release. (3) The plants and plant parts must be maintained in such a way that the identity of all material is known while it is in use, and the plant parts must be contained or devitalized when no longer in use. (4) There must be no viable vector agent associated with the regulated article. (5) The field trial must be conducted such that: (i) The regulated article will not persist in the environment, and (ii) No offspring can be produced that could persist in the environment. (6) Upon termination of the field test: (i) No viable material shall remain which is likely to volunteer in subsequent seasons, or (ii) Volunteers shall be managed to prevent persistence in the environment. (d) Procedural requirements for notifying APHIS. The following procedures shall be followed for any introductions under the notification procedure: (1) Notification should be directed to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237. (2) The notification shall include the following: (i) Name, title, address, telephone number, and signature of the responsible person; (ii) Information necessary to identify the regulated article(s), including: (A) The scientific, common, or trade names, and phenotype of regulated article, (B) The designations for the genetic loci, the encoded proteins or functions, and donor organisms for all genes from which introduced genetic material was derived, and (C) The method by which the recipient was transformed; (iii) The names and locations of the origination and destination facilities for movement or the field site location for the environmental release; and the size of the introduction, (iv) The date and, in the case of environmental release, the expected duration of the introduction (release); and (v) A statement that certifies that introduction of the regulated article will be in accordance with the provisions of this section. (3) Notification must be submitted to APHIS: (i) At least 10 days prior to the day of introduction, if the introduction is interstate movement. (ii) At least 30 days prior to the day of introduction, if the introduction is an importation. (iii) At least 30 days prior to the day of introduction, if the introduction is an environmental release. (4) Field test reports must be submitted to APHIS within 6 months after termination of the field test. Field test reports shall include the APHIS reference number, methods of observation, resulting data, and analysis regarding all deleterious effects on plants, nontarget organisms, or the environment. (5) The Administrator, shall be notified of any unusual occurrence within the time periods and in the manner specified in § 340.4(f)(10). (6) Access shall be allowed for APHIS and State regulatory officials to inspect facilities and/or the field test site and any records necessary to evaluate compliance with the provisions of paragraphs (b) and (c) of this section. (e) Administrative action in response to notification. (1) APHIS will provide copies of all notifications to appropriate State regulatory official(s) for review within 5 business days of receipt. Comments to APHIS from appropriate State regulatory officials in response to notifications for interstate movement of regulated articles will not be required by APHIS prior to acknowledgment, although States may provide their reviews to APHIS at their discretion. (2) The Administrator, will provide acknowledgement within 10 days of receipt that the interstate movement is appropriate under notification. (3) The Administrator, will provide acknowledgement within 30 days of receipt that the importation is appropriate under notification. (4) APHIS will provide acknowledgment within 30 days of receipt that the environmental release is appropriate under notification. Such acknowledgment will apply to field testing for 1 year from the date of introduction, and may be renewed annually by submission of an additional notification to APHIS. (5) A person denied permission for introduction of a regulated article under notification may apply for a permit for introduction of that regulated article without prejudice." 7:7:5.1.1.1.10.0.47.5,7,Agriculture,III,,340,PART 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,,,,§ 340.4 Permits for the introduction of a regulated article.,APHIS,,,,"6 See footnote 5 in § 340.3. (a) Application for permit. Two copies of a written application for a permit to introduce a regulated article, which may be obtained from APHIS, shall be submitted by the responsible person to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237. If there are portions of the application deemed to contain trade secret or confidential business information (CBI), each page of the application containing such information should be marked “CBI Copy”. In addition, those portions of the application which are deemed “CBI” shall be so designated. The second copy shall have all such CBI deleted and shall be marked on each page of the application where CBI was deleted, “CBI Deleted”. If an application does not contain CBI then the first page of both copies shall be marked “No CBI”. (b) Permit for release into the environment. An application for the release into the environment of a regulated article shall be submitted at least 120 days in advance of the proposed release into the environment. An initial review shall be completed by APHIS within 30 days of the receipt of the application. If the application is complete, the responsible individual shall be notified of the date of receipt of the application for purposes of advising the applicant when the 120 day review period commenced. 7 If the application is not complete, the responsible individual will be advised what additional information must be submitted. APHIS shall commence the 120 day review period upon receipt of the additional information, assuming the additional information submitted is adequate. When it is determined that an application is complete, APHIS shall submit to the State department of agriculture of the State where the release is planned, a copy of the initial review and a copy of the application marked, “CBI Deleted”, or “No CBI” for State notification and review. The application shall include the following information: 8 7 The 120 day review period would be extended if preparation of an environmental impact statement in addition to an environmental assessment was necessary. 8 Application forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237, or from local offices which are listed in telephone directories. A person should specify in requesting the application that the permit is for the introduction of a regulated article subject to regulation under part 340. (1) Name, title, address, telephone number, signature of the responsible person and type of permit requested (for importation, interstate movement, or release into the environment); (2) All scientific, common, and trade names, and all designations necessary to identify the: Donor organism(s); recipient organism(s); vector or vector agent(s); constituent of each regulated article which is a product; and, regulated article; (3) Names, addresses, and telephone numbers of the persons who developed and/or supplied the regulated article; (4) A description of the means of movement ( e.g., mail, common carrier, baggage, or handcarried (and by whom)); (5) A description of the anticipated or actual expression of the altered genetic material in the regulated article and how that expression differs from the expression in the non-modified parental organism ( e.g., morphological or structural characteristics, physiological activities and processes, number of copies of inserted genetic material and the physical state of this material inside the recipient organism (integrated or extrachromosomal), products and secretions, growth characteristics); (6) A detailed description of the molecular biology of the system ( e.g., donor-recipient-vector) which is or will be used to produce the regulated article; (7) Country and locality where the donor organism, recipient organism, vector or vector agent, and regulated article were collected, developed, and produced; (8) A detailed description of the purpose for the introduction of the regulated article including a detailed description of the proposed experimental and/or production design; (9) The quantity of the regulated article to be introduced and proposed schedule and number of introductions; (10) A detailed description of the processes, procedures, and safeguards which have been used or will be used in the country of origin and in the United States to prevent contamination, release, and dissemination in the production of the: Donor organism; recipient organism; vector or vector agent; constituent of each regulated article which is a product; and regulated article; (11) A detailed description of the intended destination (including final and all intermediate destinations), uses, and/or distribution of the regulated article ( e.g., greenhouses, laboratory, or growth chamber location; field trial location; pilot project location; production, propagation, and manufacture location; proposed sale and distribution location); (12) A detailed description of the proposed procedures, processes, and safeguards which will be used to prevent escape and dissemination of the regulated article at each of the intended destinations; (13) A detailed description of any biological material ( e.g., culture medium, or host material) accompanying the regulated article during movement; and (14) A detailed description of the proposed method of final disposition of the regulated article. (c) Limited permits for interstate movement or importation of a regulated article. An application for the interstate movement or importation of a regulated article shall be submitted at least 60 days in advance of the first proposed interstate movement and at least 60 days prior to each importation. An initial review shall be completed by APHIS within 15 days of the receipt of the application. If the application is complete, the responsible person shall be notified of the date of receipt of the application for purposes of advising the applicant when the 60 day review period commenced. If the application is not complete, the responsible person will be advised what additional information must be submitted. APHIS shall commence the 60 day review period upon receipt of the additional information, assuming the additional information submitted is adequate. When it is determined that an application is complete, APHIS shall submit to the State department of agriculture of the State of destination of the regulated article a copy of the initial review and the application marked, “CBI Deleted”, or “No CBI” for State notification and review. (1) Limited permit for interstate movement. The responsible person may apply for a single limited permit for the interstate movement of multiple regulated articles in lieu of submitting an application for each individual interstate movement. Each limited permit issued shall be numbered and shall be valid for one year from the date of issuance. If a permit is sought for multiple interstate movements between contained facilities the responsible individual shall specify in the permit application all the regulated articles to be moved interstate; the origins and destinations of all proposed shipments; a detailed description of all the contained facilities where regulated articles will be utilized at destination; and a description of the containers that will be used to transport the regulated articles. A limited permit for interstate movement of a regulated article shall only be valid for the movement of those regulated articles moving between those locations specified in the application. If a person seeks to move regulated articles other than those specified in the application, or to a location other than those listed in the application, a supplemental application shall be submitted to APHIS. No person shall move a regulated article interstate unless the number of the limited permit appears on the outside of the shipping container. The responsible person shipping a regulated article interstate shall keep records for one year demonstrating that the regulated article arrived at its intended destination. The responsible person seeking a limited permit for interstate movement shall submit on an application form obtained from APHIS, the data required by paragraphs (b)(1), (2), (4), (6), (7), (9), and (11) through (14) of this section. (2) Limited permit for importation. The responsible person seeking a permit for the importation of a regulated article shall submit an application for a permit prior to the importation of each shipment of regulated articles. The responsible person importing a regulated article shall keep records for one year demonstrating that the regulated article arrived at its intended destination. The responsible person seeking a limited permit for importation shall submit on an application form obtained from APHIS data required by paragraphs (b)(1), (2), (4), (6), (7), (9), and (11) through (14) of this section. 9 9 Renewals may receive shorter review. In the case of a renewal for a limited permit for importation that has been issued less than one year earlier, APHIS will notify the responsible person within 15 days that either: (1) The renewal permit is approved or (2) that a 60 day review period is necessary because the conditions of the original permit have changed. (d) Premises inspection. An inspector may inspect the site or facility where regulated articles are proposed, pursuant to a permit, to be released into the environment or contained after their interstate movement or importation. Failure to allow the inspection of a premises prior to the issuance of a permit or limited permit shall be grounds for the denial of the permit. (e) Administrative action on applications. After receipt and review by APHIS of the application and the data submitted pursuant to paragraph (a) of this section, including any additional information requested by APHIS, a permit shall be granted or denied. If a permit is denied, the applicant shall be promptly informed of the reasons why the permit was denied and given the opportunity to appeal the denial in accordance with the provisions of paragraph (g) of this section. If a permit is granted, the permit will specify the applicable conditions for introduction of the regulated article under this part. (f) Permit conditions. A person who is issued a permit and his/her employees or agents shall comply with the following conditions, and any supplemental conditions which shall be listed on the permit, as deemed by the Administrator to be necessary to prevent the dissemination and establishment of plant pests: (1) The regulated article shall be maintained and disposed of (when necessary) in a manner so as to prevent the dissemination and establishment of plant pests. (2) All packing material, shipping containers, and any other material accompanying the regulated article shall be treated or disposed of in such a manner so as to prevent the dissemination and establishment of plant pests. (3) The regulated article shall be kept separate from other organisms, except as specifically allowed in the permit; (4) The regulated article shall be maintained only in areas and premises specified in the permit; (5) An inspector shall be allowed access, during regular business hours, to the place where the regulated article is located and to any records relating to the introduction of a regulated article; (6) The regulated article shall, when possible, be kept identified with a label showing the name of the regulated article, and the date of importation; (7) The regulated article shall be subject to the application of measures determined by the Administrator to be necessary to prevent the accidental or unauthorized release of the regulated article; (8) The regulated article shall be subject to the application of remedial measures (including disposal) determined by the Administrator to be necessary to prevent the spread of plant pests; (9) A person who has been issued a permit shall submit to APHIS a field test report within 6 months after the termination of the field test. A field test report shall include the APHIS reference number, methods of observation, resulting data, and analysis regarding all deleterious effects on plants, nontarget organisms, or the environment. (10) APHIS shall be notified within the time periods and manner specified below, in the event of the following occurrences: (i) Orally notified immediately upon discovery and notify in writing within 24 hours in the event of any accidental or unauthorized release of the regulated article; (ii) In writing as soon as possible but not later than within 5 working days if the regulated article or associated host organism is found to have characteristics substantially different from those listed in the application for a permit or suffers any unusual occurrence (excessive mortality or morbidity, or unanticipated effect on non-target organisms); (11) A permittee or his/her agent and any person who seeks to import a regulated article into the United States shall: (i) Import or offer the regulated article for entry only through any USDA plant inspection station listed in accordance with § 319.37-8(a) of this chapter; (ii) Notify APHIS promptly upon arrival of any regulated article at a port of entry, of its arrival by such means as a manifest, customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for such purpose; and (iii) Mark and identify the regulated article in accordance with § 340.5 of this part. (g) Withdrawal or denial of a permit. Any permit which has been issued may be withdrawn by an inspector or the Administrator if he/she determines that the holder thereof has not complied with one or more of the conditions listed on the permit. APHIS will confirm the reasons for the withdrawal of the permit in writing within ten (10) days. Any person whose permit has been withdrawn or any person who has been denied a permit may appeal the decision in writing to the Administrator within ten (10) days after receiving the written notification of the withdrawal or denial. The appeal shall state all of the facts and reasons upon which the person relies to show that the permit was wrongfully withdrawn or denied. The 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 such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator. (h) Courtesy permit —(1) Issuance. The Administrator may issue a courtesy permit for the introduction of organisms modified through genetic engineering which are not subject to regulation under this part to facilitate movement when the movement might otherwise be impeded because of the similarity of the organism to other organisms regulated under this part. (2) Application. A person seeking a courtesy permit shall submit on an application form obtained from APHIS data required by paragraphs (b)(1), (2), and (5) of this section and shall indicate such data is being submitted as a request for a courtesy permit. A person should also include a statement explaining why he or she believes the organism or product does not come within the definition of a regulated article. The application shall be submitted at least 60 days prior to the time the courtesy permit is sought. (3) Administrative action. APHIS shall complete an initial review within 15 days of the date of receipt of the application. If the application is complete, the responsible individual shall be notified of the date of receipt of the application for purposes of advising the applicant when the 60 day review period commenced. If the application is not complete, the responsible individual will be advised what additional information must be submitted, and shall commence the 60 day review period upon receipt of the additional information, assuming the additional information submitted is adequate. Within 60 days from the date of receipt of a complete application, APHIS will either issue a courtesy permit or advise the responsible individual that a permit is required under paragraph (b) or (c) of this section." 7:7:5.1.1.1.10.0.47.6,7,Agriculture,III,,340,PART 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,,,,§ 340.5 Petition to amend the list of organisms.,APHIS,,,,"10 See footnote 5 in § 340.3. (a) General. Any person may submit to the Administrator a petition to amend the list of organisms in § 340.2 of this part by adding or deleting any genus, species, or subspecies. A petitioner may supplement, amend, or withdraw a petition in writing without prior approval of the Administrator and without prejudice to resubmission at any time until the Administrator rules on the petition. A petition to amend the list of organisms shall be submitted in accordance with the procedures and format specified by this section. (b) Submission procedures and format. A person shall submit two copies of a petition to the Animal and Plant Health Inspection Service, Biotechnology and Scientific Services, PPQ, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237. The petition should be dated, and structured as follows: The undersigned submits this petition under 7 CFR 340.4 to request that the Administrator [add the following genus, species, or subspecies to the list of organisms in 7 CFR 340.2] or [to remove the following genus, species, or subspecies from the list of organisms in § 340.2]. (A person must present a full statement explaining the factual grounds why the genus, species, or subspecies to be added to § 340.2 of this part is a plant pest or why there is reason to believe the genus, species, or subspecies is a plant pest or why the genus, species, or subspecies sought to be removed is not a plant pest or why there is reason to believe the genus, species, or subspecies is not a plant pest. The petition should include copies of scientific literature which the petitioner is relying upon, copies of unpublished studies, or data from tests performed. The petition should not include trade secret or confidential business information. A person should also include representative information known to the petitioner which would be unfavorable to a petition for listing or delisting. (If a person is not aware of any unfavorable information the petition should state, Unfavorable Information: NONE). The undersigned certifies, that to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petitioner relies, and that it includes representative data and information known to the petitioner which are unfavorable to the petition. (Signature) ____________ (Name of petitioner) ________ (Mailing address) _________ (Telephone number) ________ (c) Administrative action on a petition. (1) A petition to amend the list of organisms which meets the requirements of paragraph (b) of this section will be filed by the APHIS, stamped with the date of filing, and assigned a docket number. The docket number shall identify the file established for all submissions relating to the petition. APHIS, will promptly notify the petitioner in writing of the filing and docket number of a petition. If a petition does not meet the requirements of paragraph (b) of this section, the petitioner shall be sent a notice indicating how the petition is deficient. (2) After the filing of a petition to amend the list of organisms USDA shall publish a proposal in the Federal Register to amend § 340.2 and solicit comments thereon from the public. An interested person may submit written comments to the APHIS on a filed petition, which shall become part of the docket file. (3) The Administrator shall furnish a response to each petitioner within 180 days of receipt of the petition. The response will either: (i) Approve the petition in whole or in part in which case the Administrator shall concurrently take appropriate action (publication of a document in the Federal Register amending § 340.2 of this part); or (ii) deny the petition in whole or in part. The petitioner shall be notified in writing of the Administrator's decision. The decision shall be placed in the public docket file in the offices of APHIS, and in the form of a notice published in the Federal Register ." 7:7:5.1.1.1.10.0.47.7,7,Agriculture,III,,340,PART 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,,,,§ 340.6 Petition for determination of nonregulated status.,APHIS,,,,"11 See footnote 5 in § 340.3. (a) General. Any person may submit to the Administrator, a petition to seek a determination that an article should not be regulated under this part. A petitioner may supplement, amend, or withdraw a petition in writing without prior approval of the Administrator, and without affecting resubmission at any time until the Administrator, rules on the petition. A petition for determination of nonregulated status shall be submitted in accordance with the procedure and format specified in this section. (b) Submission procedures and format. A person shall submit two copies of a petition to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Coordination and Technical Assistance, 4700 River Road, Unit 146, Riverdale, Maryland 20737-1237. The petition shall be dated and structured as follows: The undersigned submits this petition under 7 CFR 340.6 to request that the Administrator, make a determination that the article should not be regulated under 7 CFR part 340. Signature _____________ A person must present a full statement explaining the factual grounds why the organism should not be regulated under 7 CFR part 340. The petitioner shall include copies of scientific literature, copies of unpublished studies, when available, and data from tests performed upon which to base a determination. The petition shall include all information set forth in paragraph (c) of 7 CFR 340.6. If there are portions of the petition deemed to contain trade secret or confidential business information (CBI), each page of the petition containing such information should be marked “CBI Copy”. In addition, those portions of the petition which are deemed “CBI” shall be so designated. The second copy shall have all such CBI deleted and shall have marked on each page where the CBI was deleted: “CBI Deleted.” If a petition does not contain CBI, the first page of both copies shall be marked: “No CBI.” A person shall also include information known to the petitioner which would be unfavorable to a petition. If a person is not aware of any unfavorable information, the petition should state, “Unfavorable information: NONE.” The undersigned certifies, that to the best knowledge and belief of the undersigned, this petition includes all information and views on which to base a determination, and that it includes relevant data and information known to the petitioner which are unfavorable to the petition. (Signature) ____________ (Name of petitioner) ________ (Mailing address) _________ (Telephone number) ________ (c) Required data and information. The petition shall include the following information: (1) Description of the biology of the nonmodified recipient plant and information necessary to identify the recipient plant in the narrowest taxonomic grouping applicable. (2) Relevant experimental data and publications. (3) A detailed description of the differences in genotype between the regulated article and the nonmodified recipient organism. Include all scientific, common, or trade names, and all designations necessary to identify: the donor organism(s), the nature of the transformation system (vector or vector agent(s)), the inserted genetic material and its product(s), and the regulated article. Include country and locality where the donor, the recipient, and the vector organisms and the regulated articles are collected, developed, and produced. (4) A detailed description of the phenotype of the regulated article. Describe known and potential differences from the unmodified recipient organism that would substantiate that the regulated article is unlikely to pose a greater plant pest risk than the unmodified organism from which it was derived, including but not limited to: Plant pest risk characteristics, disease and pest susceptibilities, expression of the gene product, new enzymes, or changes to plant metabolism, weediness of the regulated article, impact on the weediness of any other plant with which it can interbreed, agricultural or cultivation practices, effects of the regulated article on nontarget organisms, indirect plant pest effects on other agricultural products, transfer of genetic information to organisms with which it cannot interbreed, and any other information which the Administrator believes to be relevant to a determination. Any information known to the petitioner that indicates that a regulated article may pose a greater plant pest risk than the unmodified recipient organism shall also be included. (5) Field test reports for all trials conducted under permit or notification procedures, involving the regulated article, that were submitted prior to submission of a petition for determination of nonregulated status or prior to submission of a request for extension of a determination of nonregulated status under paragraph (e) of this part. Field test reports shall include the APHIS reference number, methods of observation, resulting data, and analysis regarding all deleterious effects on plants, nontarget organisms, or the environment. (d) Administrative action on a petition. (1) A petition for determination of nonregulated status under this part which meets the requirements of paragraphs (b) and (c) of this section will be filed by the Administrator, stamped with the date of filing, and assigned a petition number. The petition number shall identify the file established for all submissions relating to the petition. APHIS will promptly notify the petitioner in writing of the filing and the assigned petition number. If a petition does not meet the requirements specified in this section, the petitioner shall be sent a notice indicating how the petition is deficient. (2) After the filing of a completed petition, APHIS shall publish a notice in the Federal Register. This notice shall specify that comments will be accepted from the public on the filed petition during a 60 day period commencing with the date of the notice. During the comment period, any interested person may submit to the Administrator, written comments, regarding the filed petition, which shall become part of the petition file. (3) The Administrator shall, based upon available information, furnish a response to each petitioner within 180 days of receipt of a completed petition. The response will either: (i) Approve the petition in whole or in part; or (ii) deny the petition. The petitioner shall be notified in writing of the Administrator's decision. The decision shall be placed in the public petition file in the offices of APHIS and notice of availability published in the Federal Register . (e) Extensions to determinations of nonregulated status. (1) The Administrator may determine that a regulated article does not pose a potential for plant pest risk, and should therefore not be regulated under this part, based on the similarity of that organism to an antecedent organism. (2) A person may request that APHIS extend a determination of nonregulated status to other organisms. Such a request shall include information to establish the similarity of the antecedent organism and the regulated articles in question. (3) APHIS will announce in the Federal Register all preliminary decisions to extend determinations of nonregulated status 30 days before the decisions become final and effective. If additional information becomes available that APHIS believes justifies changing its decision, it will issue a revised decision. (4) If a request to APHIS to extend a determination of nonregulated status under this part is denied, APHIS will inform the submitter of that request of the reasons for denial. The submitter may submit a modified request or a separate petition for determination of nonregulated status without prejudice. (f) Denial of a petition; appeal. (1) The Administrator's written notification of denial of a petition shall briefly set forth the reason for such denial. The written notification shall be sent by certified mail. Any person whose petition has been denied may appeal the determination in writing to the Administrator within 10 days from receipt of the written notification of denial. (2) The appeal shall state all of the facts and reasons upon which the person relies, including any new information, to show that the petition was wrongfully denied. The Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision as promptly as circumstances allow. An informal hearing may be held by the Administrator if there is a dispute of a material fact. Rules of Practice concerning such a hearing will be adopted by the Administrator." 7:7:5.1.1.1.10.0.47.8,7,Agriculture,III,,340,PART 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,,,,§ 340.7 Marking and identity.,APHIS,,,,"(a) Any regulated article to be imported other than by mail, shall, at the time of importation into the United States, plainly and correctly bear on the outer container the following information: (1) General nature and quantity of the contents; (2) Country and locality where collected, developed, manufactured, reared, cultivated or cultured; (3) Name and address of shipper, owner, or person shipping or forwarding the organism; (4) Name, address, and telephone number of consignee; (5) Identifying shipper's mark and number; and (6) Number of written permit authorizing the importation. (b) Any regulated article imported by mail, shall be plainly and correctly addressed and mailed to APHIS through any USDA plant inspection station listed in accordance with § 319.37-8(a) of this chapter and shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the name, address, and telephone number of the intended recipient, and shall plainly and correctly bear on the outer container the following information: (1) General nature and quantity of the contents; (2) Country and locality where collected, developed, manufactured, reared, cultivated, or cured; (3) Name and address of shipper, owner, or person shipping or forwarding the regulated article; and (4) Number of permit authorizing the importation. (c) Any regulated article imported into the United States by mail or otherwise shall, at the time of importation or offer for importation into the United States, be accompanied by an invoice or packing list indicating the contents of the shipment." 7:7:5.1.1.1.10.0.47.9,7,Agriculture,III,,340,PART 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,,,,§ 340.8 Container requirements for the movement of regulated articles.,APHIS,,,,"(a) General requirements. A regulated article shall not be moved unless it complies with the provisions of paragraph (b) of this section, unless a variance has been granted in accordance with the provisions of paragraph (c) of this section. 12 12 The requirements of this section are in addition to and not in lieu of any other packing requirements such as those for the transportation of etiologic agents prescribed by the Department of Transportation in Title 49 CFR or any other agency of the Federal government. (b) Container requirements —(1) Plants and plant parts. All plants or plant parts, except seeds, cells, and subcellular elements, shall be packed in a sealed plastic bag of at least 5 mil thickness, inside a sturdy, sealed, leak-proof, outer shipping container constructed of corrugated fiberboard, corrogated cardboard, wood, or other material of equivalent strength. (2) Seeds. All seeds shall be transported in a sealed plastic bag of at least 5 mil thickness, inside a sealed metal container, which shall be placed inside a second sealed metal container. Shock absorbing cushioning material shall be placed between the inner and outer metal containers. Each metal container shall be independently capable of protecting the seeds and preventing spillage or escape. Each set of metal containers shall then be enclosed in a sturdy outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength. (3) Live microorganisms and/or etiologic agents, cells, or subcellular elements. All regulated articles which are live (non-inactivated) microorganisms, or etiologic agents, cells, or subcellular elements shall be packed as specified below: (i) Volume not exceeding 50 ml. Regulated articles not exceeding 50 ml shall be placed in a securely closed, watertight container (primary container, test tube, vial, etc.) which shall be enclosed in a second, durable watertight container (secondary container). Several primary containers may be enclosed in a single secondary container, if the total volume of all the primary containers so enclosed does not exceed 50 ml. The space at the top, bottom, and sides between the primary and secondary containers shall contain sufficient nonparticulate absorbent material ( e.g., paper towel) to absorb the entire contents of the primary container(s) in case of breakage or leakage. Each set of primary and secondary containers shall then be enclosed in an outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength. (ii) Volume greater than 50 ml. Regulated articles which exceed a volume of 50 ml. shall comply with requirements specified in paragraph (b)(3)(i) of this section. In addition, a shock absorbing material, in volume at least equal to that of the absorbent material between the primary and secondary containers, shall be placed at the top, bottom, and sides between the secondary container and the outer shipping container. Single primary containers shall not contain more than 1,000 ml. of material. However, two or more primary containers whose combined volumes do not exceed 1,000 ml. may be placed in a single, secondary container. The maximum amount of micro-organisms or etiologic agents, cells, or subcellular elements which may be enclosed within a single outer shipping container shall not exceed 4,000 ml. (iii) Dry ice. If dry ice is used as a refrigerant, it shall be placed outside the secondary container(s). If dry ice is used between the secondary container and the outer shipping container, the shock absorbing material shall be placed so that the secondary container does not become loose inside the outer shipping container as the dry ice sublimates. (4) Insects, mites, and related organisms. Insects, mites, and other small arthropods shall be packed for shipment as specified in this paragraph or in paragraph (b)(3) of this section. Insects (any life stage) shall be placed in an escape-proof primary shipping container (insulated vacuum container, glass, metal, plastic, etc.) and sealed to prevent escape. Such primary container shall be placed securely within a secondary shipping container of crushproof styrofoam or other material of equivalent strength; one or more rigid ice packs may also be placed within the secondary shipping container; and sufficient packing material shall be added around the primary container to prevent movement of the primary shipping container. The secondary (styrofoam or other) container shall be placed securely within an outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength. (5) Other macroscopic organisms. Other macroscopic organisms not covered in paragraphs (b)(1), (2), and (4) of this section which do not require continuous access to atmospheric oxygen shall be packaged as specified in paragraph (b)(3) or (b)(4) of this section. All macroscopic organisms which are not plants and which require continuous access to atmospheric oxygen shall be placed in primary shipping containers constructed of a sturdy, crush-proof frame of wood, metal, or equivalent strength material, surrounded by escape-proof mesh or netting of a strength and mesh size sufficient to prevent the escape of the smallest organism in the shipment, with edges and seams of the mesh or netting sealed to prevent escape of organisms. Each primary shipping container shall be securely placed within a larger secondary shipping container constructed of wood, metal, or equivalent strength material. The primary and secondary shipping containers shall then be placed securely within an outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength, which outer container may have air holes or spaces in the sides and/or ends of the container, provided that the outer shipping container must retain sufficient strength to prevent crushing of the primary and secondary shipping containers. (c) Request for a variance from container requirements. A responsible person who believes the container requirements normally applicable to the movement of the person's regulated article(s) are inappropriate due to unique circumstances (such as the nature, volume, or life stage of the regulated article) may submit in an application for a permit, a request for a variance from the container requirements. The request for a variance under this section shall consist of a short statement describing why the normally applicable container requirements are inappropriate for the regulated article which the person proposes to move and what container requirements the person would use in lieu of the normally prescribed container requirements. USDA shall advise the responsible person in writing at the time a permit is granted on the person's request for a variance." 7:7:5.1.1.1.11.0.47.1,7,Agriculture,III,,351,PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL,,,,§ 351.1 Joint treatment generally.,APHIS,,,"[66 FR 21059, Apr. 27, 2001]","The entry into the United States of certain plants, plant products, and soil is prohibited or restricted through various orders, quarantines, and regulations promulgated by the Administrator of the Animal and Plant Health Inspection Service (APHIS) under the authority of the Plant Protection Act (7 U.S.C. 7701-7772). To assist in enforcing the aforementioned orders, quarantines, and regulations, the Plant Protection and Quarantine Programs of APHIS have made provisions with the U.S. Postal and Customs Services to ensure closer inspection of prohibited or restricted imported articles." 7:7:5.1.1.1.11.0.47.2,7,Agriculture,III,,351,PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL,,,,§ 351.2 Location of inspectors.,APHIS,,,"[28 FR 5203, May 24, 1963, as amended at 36 FR 24917, Dec. 24, 1971]","Inspectors of the Plant Protection and Quarantine Programs and customs officers are stationed at the following locations: Anchorage, Alaska, Arlington, Va., Atlanta, Ga., Baltimore, Md., Baton Rouge, La., Blaine, Wash., Boston, Mass., Brownsville, Tex., Buffalo, N.Y., Calexico, Calif., Chantilly, Va., Charleston, S.C., Charlotte Amalie, St. Thomas, V.I., Chicago, Ill., Christiansted, St. Croix, V.I., Cleveland, Ohio., Corpus Christi, Tex., Dallas, Tex., Del Rio, Tex., Detroit, Mich., Douglas, Ariz., Dover, Del., Duluth, Minn., Eagle Pass, Tex., El Paso, Tex., Galveston, Tex., Hidalgo, Tex., Hilo, Hawaii, Hoboken, N.J., Honolulu, Hawaii, Houston, Tex., Jacksonville, Fla., Jamaica, L.I., N.Y., Key West, Fla., Laredo, Tex., McGuire AFB, N.J., Memphis, Tenn., Miami, Fla., Milwaukee, Wis., Mobile, Ala., New Orleans, La., New York, N.Y., Newport News, Va., Nogales, Ariz., Norfolk, Va., Pensacola, Fla., Philadelphia, Pa., Port Arthur, Tex., Port Canaveral, Fla., Port Everglades, Fla., Portland, Oreg., Presidio, Tex., Progreso, Tex., Ramey AFB, P.R., Roma, Tex., Rouses Point, N.Y., St. Paul, Minn., San Antonio, Tex., San Diego, Calif., San Francisco, Calif., San Juan, P.R., San Luis, Ariz., San Pedro, Calif., San Ysidro, Calif., Savannah, Ga., Seattle, Wash., Tampa, Fla., Toledo, Ohio, Washington, DC, West Palm Beach, Fla., Wilmington, N.C. Anchorage, Alaska, Arlington, Va., Atlanta, Ga., Baltimore, Md., Baton Rouge, La., Blaine, Wash., Boston, Mass., Brownsville, Tex., Buffalo, N.Y., Calexico, Calif., Chantilly, Va., Charleston, S.C., Charlotte Amalie, St. Thomas, V.I., Chicago, Ill., Christiansted, St. Croix, V.I., Cleveland, Ohio., Corpus Christi, Tex., Dallas, Tex., Del Rio, Tex., Detroit, Mich., Douglas, Ariz., Dover, Del., Duluth, Minn., Eagle Pass, Tex., El Paso, Tex., Galveston, Tex., Hidalgo, Tex., Hilo, Hawaii, Hoboken, N.J., Honolulu, Hawaii, Houston, Tex., Jacksonville, Fla., Jamaica, L.I., N.Y., Key West, Fla., Laredo, Tex., McGuire AFB, N.J., Memphis, Tenn., Miami, Fla., Milwaukee, Wis., Mobile, Ala., New Orleans, La., New York, N.Y., Newport News, Va., Nogales, Ariz., Norfolk, Va., Pensacola, Fla., Philadelphia, Pa., Port Arthur, Tex., Port Canaveral, Fla., Port Everglades, Fla., Portland, Oreg., Presidio, Tex., Progreso, Tex., Ramey AFB, P.R., Roma, Tex., Rouses Point, N.Y., St. Paul, Minn., San Antonio, Tex., San Diego, Calif., San Francisco, Calif., San Juan, P.R., San Luis, Ariz., San Pedro, Calif., San Ysidro, Calif., Savannah, Ga., Seattle, Wash., Tampa, Fla., Toledo, Ohio, Washington, DC, West Palm Beach, Fla., Wilmington, N.C." 7:7:5.1.1.1.11.0.47.3,7,Agriculture,III,,351,PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL,,,,§ 351.3 Procedure on arrival.,APHIS,,,"[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963, as amended at 36 FR 24917, Dec. 24, 1971]","All parcel post or other mail packages from foreign countries which, either from examination or external evidence, are found or are believed to contain plants or plant products, shall be dispatched for submission, or actually submitted, to the plant quarantine inspector at the most accessible location listed in § 351.2. The inspector shall pass upon the contents under the Plant Quarantine Act and Federal Plant Pest Act and with the cooperation of the customs and postal officers either (a) Release the package from further plant quarantine examination and endorse his decision thereon; or (b) Divert it to the Plant Quarantine Station at Washington, DC, Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or Seattle, Wash., for whatever disposition is deemed warranted. If so diverted, the plant quarantine inspector shall attach to the package the yellow and green special mailing tag addressed to the proper quarantine station. A package so diverted shall be accompanied by customs card Form 3511 and transmitted to the appropriate Customs office for referral to the Plant Quarantine Station. Envelopes containing customs card Form 3511 addressed to the collector of customs, New York, N.Y., shall contain a notation that the material is to be referred to the Plant Protection and Quarantine Programs, Hoboken, N.J." 7:7:5.1.1.1.11.0.47.4,7,Agriculture,III,,351,PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL,,,,§ 351.4 Records.,APHIS,,,"[28 FR 5204, May 24, 1963]","The customs officers at Washington, DC, Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or Seattle, Wash., shall keep a record of such packages as may be delivered to representatives of the Department of Agriculture, and upon the return thereof shall prepare a mail entry to accompany the dutiable package and deliver it to the postmaster for delivery or onward dispatch or in appropriate cases subject the shipment to formal customs entry procedure." 7:7:5.1.1.1.11.0.47.5,7,Agriculture,III,,351,PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL,,,,§ 351.5 Return or destruction.,APHIS,,,"[24 FR 9923, Dec. 9, 1959, as amended at 36 FR 24917, Dec. 24, 1971]","Where the plant quarantine inspector requires the entire shipment to be returned to the country of origin as a prohibited importation (in which event he shall endorse his action thereon) and delivers the shipment to the collector of customs, the collector shall in turn deliver it to the postmaster for dispatch to the country of origin. If, upon examination, the plant material is deemed dangerous to plant life, the collector of customs shall permit the plant quarantine inspector to destroy immediately both the container and its contents. In either case the plant quarantine inspector shall notify the addressee of the action taken and the reason therefor. If the objectionable plant material forms only a portion of the contents of the mail package and in the judgment of the inspector the package can safely be delivered to the addressee, after removing and destroying the objectionable material, such procedure is authorized. In the latter case the inspector shall place in the package a memorandum (Form AQI-387) informing the addressee of the action taken by the inspector and describing the matter which has been seized and destroyed and the reasons therefor." 7:7:5.1.1.1.11.0.47.6,7,Agriculture,III,,351,PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL,,,,§ 351.6 Packages in closed mail dispatches.,APHIS,,,"[24 FR 9923, Dec. 9, 1959, as amended at 36 FR 24917, Dec. 24, 1971]","The foregoing instructions shall be followed in the treatment of packages containing plants or plant products received in closed mail dispatches made up for transmission directly to a post office located at a customs port at which no plant quarantine inspector is stationed. Such packages (accompanied by customs card Form 3511) shall be forwarded by the collector of customs through the postmaster to the most accessible location listed in § 351.2 for appropriate treatment in the manner hereinbefore provided. This procedure shall also be followed in respect to such packages which are forwarded to unlisted post offices from the post office of original receipt, without having received plant quarantine examination. Packages discovered at post offices where no customs officer is located shall be forwarded by the postmaster under his official penalty envelope addressed to the collector of customs at the most accessible location listed for appropriate treatment as prescribed herein." 7:7:5.1.1.1.11.0.47.7,7,Agriculture,III,,351,PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL,,,,§ 351.7 Regulations governing importation by mail of plant material for immediate export.,APHIS,,,"[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963]","To collectors of customs and others concerned: (a) Shipments of plant material may be imported by mail free of duty for immediate exportation by mail subject to the following regulations, which have been approved by the Department of Agriculture and the Post Office Department: (1) Each shipment shall be dispatched in the mails from abroad, accompanied by a yellow and green special mail tag bearing the serial number of the permit for entry for immediate exportation or immediate transportation and exportation, issued by the U.S. Department of Agriculture, and also the postal form of customs declaration. (2) Upon arrival, the shipment shall be detained by, or redispatched to, the postmaster at Washington, DC, Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or Seattle, Wash., as may be appropriate, according to the address on the yellow and green tag, and there submitted to the customs officer and the Federal quarantine inspector. The merchandise shall under no circumstances be permitted to enter the commerce of the United States. (3) After inspection by the customs and quarantine officers, and with their approval, the addressee, or his authorized agent, shall repack and readdress the mail parcel under customs supervision; affix to the parcel the necessary postage, and comply with other mailing requirements, after which the parcel shall be delivered to the postmaster for exportation by mail pursuant to 19 CFR 9.11(a). The contents of the original parcel may be subdivided and exported in separate parcels in like manner. (4) It will not be necessary to issue a customs mail entry nor to require formal entry of the shipments. (5) The mail shipments referred to shall be accorded special handling only at the points specified in paragraph (a)(2) of this section. (6) The foregoing procedure shall not affect the movement of plant material in the international mails in transit through the United States." 7:7:5.1.1.1.12.0.47.1,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.1 Definitions.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 71 FR 49325, Aug. 23, 2006; 84 FR 29966, June 25, 2019]","(a) This part may be cited by the short title: “Safeguard Regulations.” This title shall be understood to include both the regulations and administrative instructions in this part. (b) Words used in the singular form in this part shall be deemed to import the plural and vice versa as the case may demand. For purposes of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: Administrative instructions. Published documents set forth in this part relating to the enforcement of this part, and issued under authority thereof by the Deputy Administrator. Biological control organism. Any enemy, antagonist, or competitor used to control a plant pest or noxious weed. Brought in for temporary stay where unloading or landing is not intended. Brought in by carrier but not intended to be unloaded or landed from such carrier. This phrase includes movement (i) departing from the United States on the same carrier directly from the point of arrival therein; and (ii) transiting a part of the United States before departure therefrom, and applies whether movement under Customs procedure is as residue cargo or follows some form of Customs entry. Carrier; means of conveyance. Automobile, truck, animal-drawn vehicle, railway car, aircraft, ship, or other means of transportation. Customs. The U.S. Customs Service, Department of the Treasury, or, with reference to Guam, the Customs Office of the Government of Guam. Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs or any employee of the Plant Protection and Quarantine Programs delegated to act in his or her stead. Foreign trade zone. A formally prescribed area containing various physical facilities located in or adjacent to ports of entry under the jurisdiction of the United States and established, operated, and maintained as a foreign trade zone pursuant to the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended, wherein foreign merchandise, as well as domestic merchandise, may be deposited for approved purposes. Movement into and from such area is subject to applicable customs, plant quarantine, and other Federal requirements. Immediate ( export, trans-shipment, or transportation and exportation ). The period which, in the opinion of the inspector, is the shortest practicable interval of time between the arrival of an incoming carrier and the departure of the outgoing carrier transporting a consignment of prohibited or restricted products or articles. Inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this part. Intended for unloading and entry at a port other than the port of first arrival. Brought in by carrier at a port for movement to the port of entry under residue cargo procedure of Customs. Noxious weed. Any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment. Other product or article. Any product or article of any character whatsoever (other than plants, plant products, soil, plant pests, and means of conveyance), which an inspector considers may be infested or infected by or contain a plant pest. Owner. The owner, or his agent (including the operator of a carrier), having responsible custody of a plant, plant product, plant pest, soil, or other product or article subject to this part. Person. Any individual, partnership, corporation, association, joint venture, society, or other legal entity. Plant pest. Any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product: A protozoan, nonhuman animal, parasitic plant, bacterium, fungus, virus or viroid, infectious agent or other pathogen, or any article similar to or allied with any of the plant pests listed in this definition. Plant Protection Act. Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772, which was enacted June 20, 2000. Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, of the U.S. Department of Agriculture. Plants and plant products. Nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, vegetables, and other plant products, and any product constituted, in whole or in part, of plant material which has not been so manufactured or processed as to eliminate pest risk. Port. Any place designated by the President, Secretary of the Treasury, or Congress at which a Customs officer is assigned with authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the Customs and Navigation laws in force at that place. Port of arrival. Any port in the United States at which a prohibited or restricted product or article arrives. Port of entry. A port at which a specified shipment or means of conveyance is accepted for entry or admitted without entry into the United States. Residue cargo. Shipments authorized by Customs to be transported under the Customs bond of the carrier on which the shipments arrive, without entry being filed, for direct export from the first port of arrival, or to another port for entry or for direct export at that port without entry being required. Safeguard. A procedure for handling, maintaining, or disposing of prohibited or restricted products and articles subject to this part so as to eliminate the risk of plant pest dissemination which the prohibited or restricted products and articles may present. Ship. Any means of transportation by water. Soil. The unconsolidated material from the earth's surface that consists of rock and mineral particles and that supports or is capable of supporting biotic communities. Stores and furnishings. Plants and plant products for use on board a carrier; e.g. as food or decorative material. United States. The States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States, and the territorial waters of the United States adjacent to those land areas. Unloaded or landed for transportation and exportation. Brought in by carrier and transferred to another carrier for transportation to another port for exportation, whether or not some form of Customs entry is made. Unloaded or landed for transshipment and exportation. Brought in by carrier and transferred to another carrier for exportation from the same port, whether or not some form of Customs entry is made." 7:7:5.1.1.1.12.0.47.10,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.10 Inspection; safeguards; disposal.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 4253, Jan. 26, 2010; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019]","(a) Inspection and release. Prohibited and restricted products and articles subject to this part shall be subject to inspection at the port of first arrival in accordance with § 330.105(a) of this chapter and shall not be released by Customs officers for unloading, landing, or other onward movement or entry until released by an inspector or a Customs officer on behalf of an inspector in accordance with the procedure prescribed in § 330.105(a) of this chapter. If diversion or change of Customs entry is not permitted for any movements authorized under this part, the inspector at the original port of Customs entry shall appropriately endorse Customs documents to show that fact. However, the inspector at the U.S. port of export may approve diversion or change of Customs entry to permit movement to a different foreign country, or entry into the United States, subject to all other applicable requirements under this part or parts 319, 330, or 360 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs 2 for information as to applicable conditions. If diversion or change of Customs entry is desired at port, confirmation will be given by the Plant Protection and Quarantine Programs to the appropriate Customs officers and Plant Protection and Quarantine Programs inspectors. 2 The Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. (b) Safeguards. (1) The unloading, landing, retention on board as stores and furnishings or cargo, transshipment and exportation, transportation and exportation, onward movment to the port of entry as residue cargo or under a Customs entry for immediate transportation, and other movement or possession within the United States of prohibited or restricted products and articles under this part shall be subject to such safeguards as may be prescribed in the permits and this part and any others which, in the opinion of the inspector, are necessary and are specified by him to prevent plant pest, noxious weed, or biological control organism dissemination. In the case of prohibited or restricted products or articles subject to this part which are unloaded or landed for transshipment and exportation or transportation and exportation, or for onward movement to the port of entry as residue cargo or under a Customs entry for immediate transportation, this shall include necessary safeguards with respect to any movement within the port area between the point of arrival and the point of temporary storage, other handling, or point of departure, including a foreign trade zone. Prohibited and restricted products and articles subject to this part which are unloaded or landed for transshipment and exportation or transportation and exportation, or for onward movement as residue cargo or under a Customs entry for immediate transportation, shall be transshipped, or transported and exported from the United States, or moved onward immediately. This shall mean the shortest practicable interval of time commensurate with the risk of plant pest, noxious weed, or biological control organism dissemination required to transfer the products or articles from one carrier to another and to move them onward or from the United States. If, in the opinion of the inspector, considerations of risk of plant pest or noxious weed dissemination require, such movement shall be made without regard to the noncompetitive or competitive relations of the carriers concerned, and the inspector shall promptly report to the Plant Protection and Quarantine Programs the circumstances when the emergency is so acute that subsequent movement is required on a carrier of a company other than the one bringing the products or articles to the United States or on which onward movement was contemplated by the shipper or forwarding carrier. Prohibited or restricted plants, plant products, plant pests, biological control organisms, and soil which were intended for entry into the United States under parts 319, 330, or 360 of this chapter, or for movement into or through the United States under this part, and which were refused such entry or movement before unloading or landing, or which were refused such entry or movement after unloading or landing and are immediately reloaded on the same carrier, may be retained on board pending removal from the United States or other disposal, but shall be subject to the safeguards specified under this section. Prohibited or restricted products and articles which were refused entry or movement under said parts after unloading or landing and which are not immediately reloaded in accordance with this section shall be subject to such safeguard action as the inspector deems necessary to carry out the purposes of this part. (2) Safeguards prescribed by an inspector under this section shall be prescribed to the owner by the inspector in writing except that the inspector may prescribe the safeguards orally when, in his opinion, the circumstances and related Customs procedures do not require written notice to the owner of the safeguards to be followed by the owner. In prescribing safeguards, the relevant requirements of parts 319, 330, or 360 of this chapter and this part shall be considered. The safeguards prescribed shall be the minimum required to preventplant pest, noxious weed, or biological control organism dissemination. Destruction or exportation shall be required only when no less drastic measures are deemed by the inspector to be adequate to prevent plant pest, noxious weed, or biological control organism dissemination. The inspector may follow administrative instructions promulgated for certain situations, or he may follow a procedure selected by him from administratively approved methods known to be effective in similar situations. In the case of aircraft that are contaminated with insect pests, only an insecticidal formulation, approved for use in aircraft, may be so applied as an emergency measure. If the application is not effective against the insect pests or if other pests must be safeguarded against, the inspector shall report the circumstances promptly to the Plant Protection and Quarantine Programs and receive instructions as to safeguards that will not have a deleterious effect on the structure of the aircraft or its operating equipment. In prescribing safeguards consideration will be given to such factors as: (i) The nature and habits of the plant pests or biological control organisms known to be, or likely to be, present with the plants, plant products, soil, or other products or articles. (ii) Nature of the plants, plant products, plant pests, or biological control organisms, soil, or other products or articles. (iii) Nature of containers or other packaging and adequacy thereof to preventplant pest, noxious weed, or biological control organism dissemination. (iv) Climatic conditions as they may have a bearing on plant pest or biological control organism dispersal, and refrigeration if provided. (v) Routing pending exportation. (vi) Presence of soil. (vii) Construction or physical condition and type of carrier. (viii) Facilities for treatment in accordance with part 305 of this chapter, or for incineration or other destruction. (ix) Availability of transportation facilities for immediate exportation. (x) Any other related factor which should be considered, such as intent to export to an adjacent or nearby country. (c) Disposal. (1) If prohibited or restricted products or articles subject to this part are not safeguarded in accordance with measures prescribed under this part, or cannot be adequately safeguarded to prevent plant pest, noxious weed, or biological control organism dissemination, they shall be seized, destroyed, or otherwise disposed of according to law. Whenever disposal action is to be taken by the inspector he shall notify the local Customs officer in advance. (2) When a shipment of any products or articles subject to this part has been handled in accordance with all conditions and safeguards prescribed in this part and in the permit and by the inspector, the inspector shall inform the local Customs officer concerned of the release of such products or articles, in appropriate manner." 7:7:5.1.1.1.12.0.47.11,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.11 Mail.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019]","(a) Transit mail. (1) Plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles which arrive in the United States in closed dispatches by international mail or international parcel post and which are in transit through the United States to another country shall be allowed to move through the United States without further permit than the authorization contained in this section. Notice of arrival shall not be required as other documentation meets the requirement for this notice. (2) Inspectors ordinarily will not inspect transit mail or parcel post, whether transmitted in open mail or in closed dispatches. They may do so if it comes to their attention that any such mail or parcel post contains prohibited or restricted products or articles which require safeguard action. Inspection and disposal in such cases will be made in accordance with this part and part 330 of this chapter, and in conformity with regulations and procedures of the Post Office Department for handling transit mail and parcel post. (b) Importation for exportation. Plants and plant products to be imported for exportation, by mail, will be handled under permit in accordance with Part 351 of this chapter." 7:7:5.1.1.1.12.0.47.12,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.12 Baggage.,APHIS,,,,Products or articles subject to this part which are contained in baggage shall be subject to the requirements of this part in the same manner as cargo. 7:7:5.1.1.1.12.0.47.13,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.13 Certain conditions under which change of Customs entry or diversion is permitted.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29967, June 25, 2019]","When plants, plant products,plant pests, biological control organisms, noxious weeds, soil, or other products or articles released for exportation, transshipment and exportation, or transportation and exportation, under this part, have met all applicable permit and other requirements for importation, including inspection and treatment, as provided in part 319, 330, or 360 of this chapter, the form of Customs entry may be changed and the shipment may be diverted at any time to permit delivery of the products and articles to a destination in the United States, so far as the requirements in this part are involved. The Customs officer concerned at the original port of Customs entry shall be informed by the inspector that such release has been made and that such change of entry or diversion is approved under this part by appropriate endorsement of Customs documents." 7:7:5.1.1.1.12.0.47.14,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.14 Costs.,APHIS,,,"[56 FR 14844, Apr. 12, 1991]","All costs incident to the inspection, handling, safeguarding, or other disposal of prohibited or restricted products or articles under the provisons in this part shall be borne by the owner. Services of the inspector during regularly assigned hours of duty at the usual places of duty shall be furnished without cost to the person requesting the services, unless a user fee is payable under § 354.3 of this chapter." 7:7:5.1.1.1.12.0.47.15,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.15 Caution.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010; 84 FR 29967, June 25, 2019]","In applying safeguards or taking other measures prescribed under the provisions in this part, it should be understood that inexactness or carelessness may result in injury or damage. It should also be understood by the owners that emergency measures prescribed by the inspector to safeguard against plant pest, noxious weed, or biological control organism dissemination may have adverse effects on certain products and articles and that they will take the calculated risk of such adverse effects of authorized measures." 7:7:5.1.1.1.12.0.47.16,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§§ 352.16-352.28 [Reserved],APHIS,,,, 7:7:5.1.1.1.12.0.47.17,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.29 Administrative instructions: Avocados from Mexico.,APHIS,,,"[52 FR 27671, July 23, 1987, as amended at 54 FR 43167, Oct. 23, 1989]","Avocados from Mexico may be moved through the United States to destinations outside the United States only in accordance with this section. (a) Permits. Before moving the avocados through the United States, the owner must obtain a formal permit in accordance with § 352.6 of this part. (b) Ports. The avocados may enter the United States only at the following ports: Galveston or Houston, Texas; the border ports of Nogales, Arizona, or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo, Texas; or at other ports within that area of the United States specified in paragraph (f) of this section. (c) Notice of arrival. At the port of arrival, the owner must provide notification of the arrival of the avocados in accordance with § 352.7 of this part. (d) Inspection. The owner must make the avocados available for examination by an inspector. The avocados may not be moved from the port of arrival until released by an inspector. (e) Shipping requirements. The avocados must be moved through the United States either by air or in a refrigerated truck or refrigerated rail car or in refrigerated containers on a truck or rail car. If the avocados are moved in refrigerated containers on a truck or rail car, an inspector must seal the containers with a serially numbered seal at the port of arrival. If the avocados are removed in a refrigerated truck or refrigerated rail car, an inspector must seal the truck or rail car with a serially numbered seal at the port of arrival. If the avocados are transferred to another vehicle or container in the United States, an inspector must be present to supervise the transfer and must apply a new serially numbered seal. The avocados must be moved through the United States under Customs bond. (f) Shipping areas. Avocados moved by truck or rail car may transit only that area of the United States bounded on the west and south by a line extending from El Paso, Texas, to Salt Lake City, Utah, to Portland, Oregon, and due west from Portland; and on the east and south by a line extending from Brownsville, Texas, to Galveston, Texas, to Kinder, Louisiana, to Memphis, Tennessee, to Louisville, Kentucky, and due east from Louisville. All cities on these boundary lines are included in this area. If the avocados are moved by air, the aircraft may not land outside this area. Avocados that enter the United States at Nogales, Arizona, must be moved to El Paso, Texas, by the route specified on the formal permit." 7:7:5.1.1.1.12.0.47.18,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,"§ 352.30 Untreated oranges, tangerines, and grapefruit from Mexico.",APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 55 FR 23066, June 6, 1990; 56 FR 13066, Mar. 29, 1991; 67 FR 46578, July 16, 2002; 71 FR 49325, Aug. 23, 2006; 72 FR 39528, July 18, 2007; 75 FR 4253, Jan. 26, 2010; 84 FR 29967, June 25, 2019]","The following provisions shall apply to the movement into or through the United States under this part of untreated oranges, tangerines, and grapefruit from Mexico in transit to foreign countries via United States ports on the Mexican border. (a) Untreated fruit; general —(1) Permit and notice of arrival required. The owner shall, in advance of shipment of untreated oranges, tangerines, or grapefruit from Mexico via United States ports to any foreign country, procure a formal permit as provided in § 352.6, or application for permit may be submitted to the inspector at the port in the United States through which the shipment will move. Notice of arrival of such fruit shall be submitted as required by § 352.7. (2) Origin: period of entry. Such fruit may enter from any State in Mexico throughout the year, in accordance with requirements of this section and other applicable provisions in this part. (3) Cleaning refrigerated containers prior to return to the United States from Canada. Refrigerated containers that have been used to transport untreated oranges, tangerines, or grapefruit from Mexico through the United States to Canada shall be carefully swept and freed from all fruit, as well as boxes and rubbish, by the carrier involved prior to reentry into the United States. (4) Inspection; safeguards. (i) Each shipment under paragraph (a) of this section shall be subject to such inspections and safeguards as are required by this section and such others as may be prescribed by the inspector pursuant to § 352.10. (ii) Untreated oranges, tangerines, and grapefruit arriving from Mexico at authorized ports in the United States for movement to a foreign country shall be loaded into refrigerated containers and preinspected by an inspector for freedom of citrus leaves before entry into the United States or be accompanied by an acceptable certificate from an inspector as to such freedom. Refrigerated containers loaded with untreated oranges, tangerines, and grapefruit that are not free of such leaves will be denied entry into the United States. (iii) All refrigerated containers used to transport untreated fruit from Mexico through the United States to a foreign country under this paragraph (a) shall be subject to any treatment in accordance with part 305 of this chapter at the port of first arrival and elsewhere as may be required by the inspector, pursuant to this part, in order to prevent plant pest dissemination. (b) Additional conditions for overland movement of certain untreated fruit. Untreated oranges, tangerines, and grapefruit from Mexico may move overland through the United States to a foreign country only in accordance with the following additional conditions: (1) Ports of entry. Such fruit may enter only at Nogales, AZ, or Eagle Pass, El Paso, or Laredo, TX. (2) General transit conditions. The following conditions apply to all shipments of untreated oranges, tangerines, and grapefruit from Mexico transiting the United States for movement to a foreign country: (i) The fruit must be packed in insect-proof boxes or crates that prevent the escape or entry of adult, larval, or pupal fruit flies. 3 3 If there is a question as to whether packaging is adequate, send a request for approval of the packaging, together with a sample of the packaging, to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Center for Plant Health Science and Technology, 1730 Varsity Drive, Suite 400, Raleigh, NC 27606. (ii) Boxes or cartons of fruit must be enclosed in sealed, refrigerated containers of the type commonly used by the maritime or commercial trucking industry. An official seal must be applied to the container at the port of entry. The seal must not be removed except by an inspector, or after the shipment has left the United States. (iii) The temperature in the refrigerated containers in which the fruit is transported must be maintained at 60 °F or lower. (iv) If the seal on the containers in which such fruit is shipped is found to have been broken, for any reason, before the container leaves the United States, or if the cooling system in the containers fails at any point during transit, an inspector at the port of entry must be contacted immediately. (v) A transportation and exportation permit must be issued by an inspector for each shipment. This permit can be obtained from APHIS headquarters. 4 4 To obtain this permit, contact the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Permit Unit, 4700 River Road Unit 133, Riverdale, MD 20737. (vi) If untreated fruit is transloaded to another container while in the United States, the transloading must be supervised by an inspector and a replacement official seal must be applied to the container to which the fruit is moved. (vii) Shipments of such fruit must move by direct route, in Customs bond and under official seal, without diversion or change of entry en route, from the port of entry to the port of exit or to an approved port in the United States for export to another foreign country. (viii) Shipments of such fruit may not traverse the counties of Cameron, Hidalgo, Starr, or Willacy, TX. Shipments of such fruit may only traverse areas listed under each type of carrier listed below. (3) Truck movement. Trucks may haul refrigerated containers of such fruit from Mexico to shipside, or to approved refrigerated storage pending lading aboard ship, in Corpus Christi, Galveston, or Houston, TX, or alongside railway carriers or aircraft at the ports named in paragraph (b)(2) of this section for movement to a foreign country. Shipments of such fruit via truck may traverse only the territory within the United States bounded on the west by a line starting at Laredo, TX, on to El Paso, TX, to Salt Lake City, UT, and then to Portland, OR, and on the east by a line drawn from Laredo, TX to Hebbronville, TX, to Corpus Christi, TX, to Galveston, TX, to Kinder, LA, to Memphis, TN, and then to Louisville, KY, and routes directly northward. (4) Rail movement. Shipments must move by direct route from the port of entry to the port of exit or to an approved North Atlantic port in the United States for export to another foreign country, as follows: The fruit may be entered at Nogales, AZ, only for direct rail routing to El Paso, TX, after which it shall traverse only the territory bounded on the west by a line drawn from Laredo, TX, to El Paso, TX, to Salt Lake City, UT, and then to Portland, OR, and on the east by a line drawn from Laredo, TX, to Hebbronville, TX, to Corpus Christi, TX, to Galveston, TX, to Kinder, LA, to Memphis, TN, and then to Louisville, KY, and routes directly northward. Such fruit may also enter the United States from Mexico at any port listed in paragraph (b)(1) of this section, for direct eastward rail movement, without diversion en route, for reentry into Mexico. (5) Air cargo movement. Shipments of such fruit may move by direct route as air cargo, without change of entry while in the United States en route from the port of entry, to Canada. If an emergency occurs en route to the port of export that will require transshipment to another carrier, an inspector at the port of entry must be contacted immediately. (c) Additional conditions for movement of certain untreated fruit by water route. Untreated oranges, tangerines, and grapefruit from Mexico may move from Mexico to a foreign country by water route through the United States under this section only in accordance with the following additional conditions: (1) Ports of entry. Such oranges, tangerines, and grapefruit may enter only at New York, Boston, or such other North Atlantic ports in the United States as may be named in permits, for exportation, or at Galveston, Texas, for exportation by water route. (2) Routing through North Atlantic ports. Such fruit entering via North Atlantic ports in the United States shall move by direct water route to New York or Boston, or to such other North Atlantic ports as may be named in the permit only for immediate direct export by water route to any foreign country, or for immediate transportation and exportation in Customs bond by direct rail route to Canada. (d) Restriction on diversion or change of Customs entry. Diversion or change of Customs entry shall not be permitted with movements authorized under paragraph (b) (4) or (5) or paragraph (c) of this section and the inspector at the original port of Customs entry shall appropriately endorse the Customs documents to show that fact: Provided, That the inspector at such port of entry may, when consistent with the purposes of this part, approve diversion or change of Customs entry to permit movement to a different foreign country or entry into the United States subject to all other applicable requirements under this part or part 319 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs for information as to applicable conditions. If diversion or change of entry is approved at such a port, confirmation will be given by the Plant Protection and Quarantine Programs to appropriate Customs officers and Plant Protection and Quarantine Programs inspectors. (e) Untreated fruit from certain municipalities in Mexico. Oranges, tangerines, and grapefruit in transit to foreign countries may be imported from certain municipalities in Mexico that meet the criteria of § 319.56-5 for freedom from fruit flies in accordance with the applicable conditions in part 319 of this chapter. (f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico that have been treated in Mexico in accordance with part 305 of this chapter may be moved through the United States ports for exportation in accordance with the regulations in part 319 of this chapter. (g) Costs. Costs shall be borne by the owner of the fruit as provided in § 352.14. This includes all costs for preinspection and convoying of loaded trucks and supervision of transloading from trucks to approved carriers or storage in United States ports when augmented inspection service has to be provided for such preinspection, convoying, and supervision." 7:7:5.1.1.1.12.0.47.2,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.2 Purpose; relation to other regulations; applicability; preemption of State and local laws.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019]","(a) Importations of plants, plant products, plant pests, biological control organisms, noxious weeds, soil, and other products and articles that may be infested or infected by or contain plant pests, biological control organisms, or noxious weeds are exempt from the prohibitions or restrictions contained in parts 319, 330, and 360 of this chapter if they meet one of the conditions in paragraphs (a)(1) through (a)(4) of this section and are moved into the United States and handled in compliance with this part. Provided: That these exemptions do not apply to cotton and covers imported into the United States from any country for exportation or transshipment and exportation or transportation and exportation as provided in §§ 319.8 through 319.8-26 of this chapter. Moreover, the applicable provisions of §§ 330.100 through 330.109 and 330.400 of this chapter also apply to products and articles subject to this part. (1) They are brought in temporarily where loading and landing is not intended; (2) They are unloaded or landed for transshipment and exportation; (3) They are unloaded or landed for transportation and exportation; or (4) They are intended for unloading and entry at a port other than the port of arrival. (b) Prohibited or restricted products and articles offered for and refused entry into the United States under parts 319, 330, or 360 of this chapter are subject to the applicable provisions in this part regarding their subsequent handling in this country. (c)(1) The provisions in this part apply whether the controls over arrival, temporary stay, unloading, landing, transshipment and exportation, or transportation and exportation, or other movement or possession in the United States and Guam are maintained by entry or other procedures of the U.S. Customs Service, Department of the Treasury, or the Customs Office of the Government of Guam, respectively. Such provisions will apply to arrivals in the United States, including arrivals in a foreign trade zone in the United States to which admission is sought in accordance with the Customs regulations in 19 CFR chapter I. Prohibited or restricted products and articles that have entered the United States, been exported pursuant to this part, and returned to the United States are subject to the applicable requirements of this part upon reentry. (2) Any restrictions and requirements under this part with respect to the arrival, temporary stay, unloading, landing, transshipment, exportation, transportation and exportation, or other movement or possession in the United States of any product or article shall apply to any person who, respectively, brings into, maintains, unloads, lands, transships, exports, transports and exports, or otherwise moves or possesses in the United States such product or article, whether he is the person who was required to have a permit for the product or article or a subsequent custodian of such product or article, and failure to comply with all applicable restrictions and requirements under this part by any such person shall be deemed to be a violation of this part. (d) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not regulate in foreign commerce any article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant product in order to control a plant pest or noxious weed, to eradicate a plant pest or noxious weed, or to prevent the introduction or dissemination of a biological control organism, plant pest, or noxious weed." 7:7:5.1.1.1.12.0.47.3,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.3 Enforcement and administration.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019]","(a) Plants, plant products, plant pests, biological control organisms, noxious weeds, soil, and other products and articles subject to the regulations in this part that are unloaded, landed, or otherwise brought or moved into or through the United States in violation of this part may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714). Any person who unloads, lands, or otherwise brings or moves into or through the United States any regulated plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles in violation of this part will be subject to prosecution under the applicable provisions of law. (b) Whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions of danger of plant pest escape or dissemination involved in the arrival, unloading, landing, or other movement, or possession in the United States of plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles subject to the regulations in this part, make it safe to modify by making less stringent the restrictions contained in any such regulation, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent with respect thereto, whereupon such modification shall become effective; or he may, upon request in specific cases, when the public interests will permit, authorize arrival, unloading, landing, or other movement, or possession in the United States under conditions that are less stringent than those contained in the regulations in this part. (c) The Deputy Administrator also may set forth and publish, in administrative instructions, requirements and conditions for any class of products or articles supplemental to the regulations in this part, and may promulgate interpretations of this part. (d) The Deputy Administrator shall employ procedures to carry out the purposes of this part which will impose a minimum of impediment to foreign commerce, consistent with proper precaution against plant pest, noxious weed, or biological control organism dissemination." 7:7:5.1.1.1.12.0.47.4,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.4 Documentation.,APHIS,,,,"(a) Manifest. Immediately upon the arrival of a carrier in the United States the owner shall make available to the inspector for examination a complete manifest or other documentation from which the inspector may determine whether there are on board any prohibited or restricted products or articles subject to this part, other than accompanied baggage and mail. (b) Other documentation. Any notifications, reports, and similar documentation not specified in the regulations in this part, but necessary to carry out the purpose of the regulations, will be prescribed in administrative instructions. (c) Procedure after examination of documents. After examination of the carrier cargo manifest or other documentation the inspector may notify the owner and the Customs officer that certain products or articles on board the carrier are subject to this part and may not be unloaded or landed for any purpose pending plant quarantine inspection. In such case the owner shall not unload or land such products or articles without authorization by an inspector." 7:7:5.1.1.1.12.0.47.5,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,"§ 352.5 Permit; requirement, form and conditions.",APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019]","(a) General. (1) Permits are required for the arrival, unloading or landing, or other movement into or through the United States of plants, plant products, plant pests, biological control organisms, noxious weeds, and soil subject to this part. The permit may consist of a general authorization as set out in paragraph (b), (c), or (d) of this section or § 352.11, or it may be a specific permit. A specific permit may be formal or oral except as a formal permit is required by paragraph (c) or (e) of this section. The Deputy Administrator may in administrative instructions require specific or formal permits for any class of products or articles subject to this part. (2) A formal permit may be issued in prescribed form, in letter form, or a combination thereof. A rubber stamp impression or other endorsement made by the inspector on pertinent Customs documents covering the products or articles involved may constitute the formal permit in appropriate cases. (b) Permit for prohibited or restricted products or articles brought in for temporary stay where unloading or landing in the United States is not intended. No permit other than the authorization contained in this paragraph shall be required for bringing into the United States any plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to this part for temporary stay where unloading or landing in the United States is not intended, e.g., in connection with residue cargo movement under Customs procedure, or in connection with Customs entry for exportation or for transportation and exportation. This authorization also includes transshipment of products and articles under this paragraph from a carrier directly to another carrier of the same company when necessitated by an emergency or operating requirement and effected in accordance with safeguards prescribed in writing or orally by the inspector under § 352.10. (c) Permit for prohibited or restricted products or articles unloaded or landed for immediate transshipment and exportation, or immediate transportation and exportation. When in the opinion of the inspector it is unnecessary to specify in a formal permit the safeguards required to prevent plant pest dissemination, plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to this part may be unloaded or landed for immediate transshipment and exportation or for immediate transportation and exportation, as provided in § 352.10, with the approval of the inspector and no further permit than the authorization contained in this paragraph; otherwise a formal permit shall be required for such unloading or landing. (d) Permit for restricted products or articles moving as residue cargo from port of first arrival to port of entry. Restricted plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to this part arriving in the United States for movement under residue cargo procedures of Customs from a port of first arrival to another port for Customs entry into the United States may be allowed to so move without permit other than the authorization contained in this paragraph, if the inspector finds that apparently they can meet the applicable requirements of parts 319, 330, and 360 of this chapter at the port where entry is to be made; otherwise a formal permit shall be required for such movement. Such restricted products and articles shall become subject to the applicable permit and other requirements of parts 319, 330, and 360 of this chapter upon arrival at the port where Customs entry is to be made and shall not be unloaded or landed unless they comply with the applicable requirements. (e) Formal permits required for certain prohibited or restricted products or articles brought into a foreign trade zone. A formal permit must be obtained to bring any prohibited or restricted plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to the provisions in this part, into a foreign trade zone for storage, manipulation, or other handling, except for immediate transshipment and exportation or for immediate transportation and exportation. Special conditions to safeguard such storage, manipulation, or other possession or handling may be specified in the permit, and when so specified shall be in addition to any other applicable requirements of this part or the safeguards prescribed by the inspector or otherwise under this part." 7:7:5.1.1.1.12.0.47.6,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.6 Application for permit and approval or denial thereof.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019]","(a) Plants and plant products (including noxious weeds). Except as otherwise provided in this paragraph, any person desiring to unload or land, or otherwise move into or through the United States, any plants or plant products for which a specific permit is required by § 352.5, shall in the case of prohibited plants or plant products, and should in the case of restricted plants or plant products, in advance of arrival in the United States of the plants or plant products, submit an application for a permit to the Plant Protection and Quarantine Programs, 1 stating such of the following information as is relevant: The name and address of the importer, the approximate quantity and kind of plants and plant products it is desired to import under this part, the country where grown, the United States port of arrival, the United States port of export, the proposed routing from the port of arrival to the port of exportation, means of transportation to be employed ( i.e. , mail, air mail, express, air express, freight, air freight, baggage), and the name and address of the agent representing the importer. Applications may be made on forms provided for the purpose by the Plant Protection and Quarantine Programs, or orally, or by letter, telegram, or other means of communication furnishing all the information required by this paragraph. Applications need not be made for shipments handled under general authorizations set forth in § 352.5 (b), (c), or (d), or in § 352.11. 1 Application for such permits should be addressed to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, Maryland 20737-1236. (b) Plant pests. Any person desiring to unload or land, or otherwise move into or through the United States, any plant pest for which a specific permit is required by § 352.5 shall, in advance of the arrival of the plant pests in the United States, submit an application to the Plant Protection and Quarantine Programs for a permit in accordance with § 330.201 of this chapter. (c) Soil. Any person desiring to bring into or unload or land, or otherwise move into or through the United States, any soil for which a specific permit is required by § 352.5 shall, in advance of the arrival of the soil in the United States, submit an application for permit to the Plant Protection and Quarantine Programs as specified by § 330.203 of this chapter. (d) Constructive oral application. If a permit has not been issued in advance of arrival, application for any required permit (other than a formal permit) shall be considered to have been made orally to the inspector at the port of arrival by presentation of the shipment for entry or its listing on the manifest or other documentation, but this shall not excuse failure to make timely application as required by this section. Express application is required for a formal permit. (e) Approval or denial of permits. Upon approval of the application, the permit will be issued. Any conditions necessary to eliminate danger of plant pest, noxious weed, or biological control organism dissemination may be specified in the permit, or otherwise as provided in § 352.10. Permits will be denied if, in the opinion of the Deputy Administrator, it is not possible to prescribe conditions adequate to prevent danger of plant pest, noxious weed, or biological control organism dissemination by the plants, plant products, plant pests, or soil involved." 7:7:5.1.1.1.12.0.47.7,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.7 Notice of arrival.,APHIS,,,"[81 FR 40150, June 21, 2016]","Immediately upon arrival of any shipment of plants or plant products (including noxious weeds) subject to this part and covered by a specific permit, the importer shall submit to an inspector notice of such arrival using a form provided for that purpose (Form PPQ-368) and, where relevant, the proposed routing to the proposed U.S. port of exit. Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. Notice of arrival shall not be required for other products or articles subject to this part since other available documentation meets the requirement for this notice." 7:7:5.1.1.1.12.0.47.8,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.8 Marking requirements.,APHIS,,,,Prohibited and restricted products and articles subject to this part shall be adequately marked or otherwise identified by documentation to indicate their nature. 7:7:5.1.1.1.12.0.47.9,7,Agriculture,III,,352,PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS,,,,§ 352.9 Ports.,APHIS,,,"[25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019]","The arrival, unloading, landing, or possession of plants, plant products,plant pests, biological control organisms, noxious weeds, soil, or other products or articles subject to this part shall not be allowed at points within the United States other than at the ports specified in the Customs Regulations in 19 CFR 1.1 and 19 CFR 6.13, and Agana, Guam, or such other ports as may be named in permits or administrative instructions. Restrictions on the ports which may be used for particular types of handling of any products or articles subject to this part may be specified generally in administrative instructions or in permits in specific cases. When ports are specified in permits or otherwise, the arrival, unloading, landing, or possession of the products or articles involved at other ports will not be allowed except as the inspector may authorize changes in the ports specified." 7:7:5.1.1.1.13.0.47.1,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.1 Definitions.,APHIS,,,"[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 1105, Jan. 8, 1999; 64 FR 72264, Dec. 27, 1999; 65 FR 50131, Aug. 17, 2000; 66 FR 21059, Apr. 27, 2001; 66 FR 37116, July 17, 2001; 66 FR 37400, July 18, 2001; 67 FR 8466, Feb. 25, 2002; 72 FR 35917, July 2, 2007; 81 FR 40151, June 21, 2016]","Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Agent. An individual who meets the eligibility requirements set forth in § 353.6, and who is designated by the Animal and Plant Health Inspection Service to conduct phytosanitary field inspections of seed crops to serve as a basis for the issuance of phytosanitary certificates. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Consignment. One shipment of plants or plant products, from one exporter, to one consignee, in one country, on one means of conveyance; or any mail shipment to one consignee. Export certificate for processed plant products. A certificate (PPQ Form 578 or an approved electronic equivalent) issued by an inspector, describing the plant health condition of processed or manufactured plant products based on inspection of submitted samples and/or by virtue of the processing received. Family. An inspector or agent and his or her spouse, their parents, children, and first cousins. Industry-issued certificate. A certificate issued by a representative of the concerned agricultural or forestry industry under the terms of a written agreement with the Animal and Plant Health Inspection Service, giving assurance that a plant product has been handled, processed, or inspected in a manner required by a foreign government. An industry-issued certificate includes an ISPM 15 quality/treatment mark. Inspector. An employee of the Animal and Plant Health Inspection Service, or a State or county plant regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties, as to the phytosanitary condition of plant products inspected under the Act. Non-government facility. A laboratory, research facility, inspection service, or other entity that is maintained, at least in part, for the purpose of providing laboratory testing or phytosanitary inspection services and that is not operated by the Federal Government or by the government of a State or a subdivision of a State. Office of inspection. The office of an inspector of plants and plant products covered by this part. Phytosanitary certificate. A certificate (PPQ Form 577 or an approved electronic equivalent) issued by an inspector, giving the phytosanitary condition of domestic plants or unprocessed or unmanufactured plant products based on inspection of the entire lot or representative samples drawn by a Federal or State employee authorized to conduct such sampling. Phytosanitary certificate for reexport. A certificate (PPQ Form 579 or an approved electronic equivalent) issued by an inspector, giving the phytosanitary condition of foreign plants and plant products legally imported into the United States and subsequently offered for reexport. The certificate certifies that, based on the original foreign phytosanitary certificate and/or additional inspection or treatment in the United States, the plants and plant products are considered to conform to the current phytosanitary regulations of the receiving country and have not been subjected to the risk of infestation or infection during storage in the United States. Plants and plant products which transit the United States under Customs bond are not eligible to receive the phytosanitary certificate for reexport. Plant pests. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or other products of plants. Plant products. Products derived from nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, and vegetables, including manufactured or processed products. Plants and plant products. Nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, vegetables and other plant products, including manufactured or processed products. Reference Manual A. The Reference Manual for Administration, Procedures, and Policies of the National Seed Health System, published by the National Seed Health System (NSHS). Reference Manual A describes the structure, administration, procedures, policies, and working practices of the NSHS and also contains relevant documentation, forms, and references for the NSHS. Reference Manual A is incorporated by reference at § 300.3 of this chapter, and is available by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236, and on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation. Reference Manual B. The Reference Manual for Seed Health Testing and Phytosanitary Field Inspection Methods, published by the National Seed Health System (NSHS). Reference Manual B contains the detailed seed health testing, seed sampling, and inspection procedures for the NSHS. Reference Manual B is incorporated by reference at § 300.4 of this chapter, and is available by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236, and on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation. State. Any of the States of the United States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States. The Act. Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772, which was enacted June 20, 2000." 7:7:5.1.1.1.13.0.47.2,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.2 Purpose and administration.,APHIS,,,"[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 72264, Dec. 27, 1999; 72 FR 35917, July 2, 2007; 81 FR 40151, June 21, 2016]","The export certification program does not require certification of any exports, but does provide certification of plants and plant products as a service to exporters. After assessing the phytosanitary condition of the plants or plant products intended for export, relative to the receiving country's regulations, an inspector issues an internationally recognized phytosanitary certificate, a phytosanitary certificate for reexport, or an export certificate for processed plant products if warranted. APHIS also enters into written agreements with industry to allow the issuance of industry-issued certificates giving assurance that a plant product has been handled, processed, or inspected in a manner required by a foreign government. An industry-issued certificate includes an ISPM 15 quality/treatment mark." 7:7:5.1.1.1.13.0.47.3,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.3 Where service is offered.,APHIS,,,,"(a) Information concerning the location of inspectors who may issue certificates for plants and plant products may be obtained by contacting one of the following regional offices: (b) Inspectors who may issue phytosanitary certificates for terrestrial plants listed in 50 CFR part 17 or 23 are available only at a port designated for export in 50 CFR part 24, or at a nondesignated port if allowed by the U.S. Department of the Interior pursuant to section 9 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1538). The following locations are designated in 50 CFR part 24 as ports for export of terrestrial plants listed in 50 CFR part 17 or 23: (1) Any terrestrial plant listed in 50 CFR part 17 or 23: Nogales, AZ Los Angeles, CA San Diego, CA San Francisco, CA Miami, FL Orlando, FL Honolulu, HI New Orleans, LA Hoboken, NJ (Port of New York) Jamaica, NY San Juan, PR Brownsville, TX El Paso, TX Houston, TX Laredo, TX Seattle, WA Nogales, AZ Los Angeles, CA San Diego, CA San Francisco, CA Miami, FL Orlando, FL Honolulu, HI New Orleans, LA Hoboken, NJ (Port of New York) Jamaica, NY San Juan, PR Brownsville, TX El Paso, TX Houston, TX Laredo, TX Seattle, WA (2) Any plant of the family Orchidaceae (orchids) listed in 50 CFR part 17 or 23: Hilo, HI Chicago, IL Hilo, HI Chicago, IL (3) Roots of American ginseng ( Panax quinquefolius ) listed in 50 CFR 23.23: Atlanta, GA Chicago, IL Baltimore, MD St. Louis, MO Milwaukee, WI Atlanta, GA Chicago, IL Baltimore, MD St. Louis, MO Milwaukee, WI (4) Any plant listed in 50 CFR 17.12 or 23.23 and offered for exportation to Canada: Detroit, MI Buffalo, NY Rouses Point, NY Blaine, WA Detroit, MI Buffalo, NY Rouses Point, NY Blaine, WA (5) Any logs and lumber from trees listed in 50 CFR 17.12 or 23.23: Mobile, AL Savannah, GA Baltimore, MD Gulfport, MS Wilmington and Morehead City, NC Portland, OR Philadelphia, PA Charleston, SC Norfolk, VA Vancouver, WA Mobile, AL Savannah, GA Baltimore, MD Gulfport, MS Wilmington and Morehead City, NC Portland, OR Philadelphia, PA Charleston, SC Norfolk, VA Vancouver, WA (6) Plants of the species Dionaea muscipula (Venus flytrap): Wilmington, NC Wilmington, NC" 7:7:5.1.1.1.13.0.47.4,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.4 Products covered.,APHIS,,,,Plants and plant products when offered for export or re-export. 7:7:5.1.1.1.13.0.47.5,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.5 Application for certification.,APHIS,,,"[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 72264, Dec. 27, 1999; 72 FR 35917, July 2, 2007; 81 FR 40151, June 21, 2016]","(a) To request the services of an inspector, a written application (PPQ Form 572) shall be made as far in advance as possible, and shall be filed in the office of inspection at the port of certification. Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. (b) Each application shall be deemed filed when delivered to the proper office of inspection. When an application is filed, a record showing the date and time of filing shall be made in such office. (c) Only one application for any consignment shall be accepted, and only one certificate for any consignment shall be issued." 7:7:5.1.1.1.13.0.47.6,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.6 Inspection.,APHIS,,,,"Inspections shall be performed by agents, by inspectors, or by employees of a State plant protection agency who are authorized by the agency to perform field inspections in accordance with this part and who have successfully completed training in accordance with paragraph (a)(2)(iii) of this section. Employees of a State plant protection agency who are not agents may perform field inspections only under the supervision of an inspector. (a) Agent. (1) Agents may conduct phytosanitary field inspections of seed crops in cooperation with and on behalf of those State plant regulatory agencies electing to use agents and maintaining a Memorandum of Understanding with the Animal and Plant Health Inspection Service in accordance with the regulations. The Memorandum of Understanding must state that agents shall be used in accordance with the regulations in this part. Agents are not authorized to issue Federal phytosanitary certificates, but are only authorized to conduct the field inspections of seed crops required as a basis for determining phytosanitary condition prior to the issuance of a phytosanitary certificate for the crops. (2) To be eligible for designation as an agent, an individual must: (i) Have the ability to recognize, in the crops he or she is responsible for inspecting, plant pests, including symptoms and/or signs of disease-causing organisms, of concern to importing countries. (ii) Have a bachelor's degree in the biological sciences, and a minimum of 1 year's experience in identifying plant pests endemic to crops of commercial importance within the cooperating State, or a combination of higher education in the biological sciences and experience in identifying such plant pests, as follows: 0 years education and 5 years experience; 1 year education and 4 years experience; 2 years education and 3 years experience; 3 years education and 2 years experience; or 4 years education and 1 year experience. The years of education and experience do not have to be acquired consecutively. 0 years education and 5 years experience; 1 year education and 4 years experience; 2 years education and 3 years experience; 3 years education and 2 years experience; or 4 years education and 1 year experience. The years of education and experience do not have to be acquired consecutively. (iii) Successfully complete annual training provided by the State plant regulatory agency. The required training must include instruction in inspection procedures, identification of plant pests of quarantine importance to importing countries, methods of collection and submission of specimens (organisms and/or plants or plant parts) for identification, and preparation and submission of inspection report forms approved by the State plant regulatory agency. (iv) Have access to Federal or State laboratories for the positive identification of plants pests detected. (3) No agents shall inspect any plants or plant products in which they or a member of their family are directly or indirectly financially interested. (b) Inspector. (1) An employee of the Animal and Plant Health Inspection Service, or a State or county regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties, as to the phytosanitary condition of plants and plant products inspected under the Act. (2) To be eligible for designation as an inspector, a State or county plant regulatory official must: (i) Have a bachelor's degree in the biological sciences, and a minimum of 1 year's experience in Federal, State or county plant regulatory activities, or a combination of higher education in the biological sciences and experience in State plant regulatory activities, as follows: 0 years education and 5 years experience; 1 year education and 4 years experience; 2 years education and 3 years experience; 3 years education and 2 years experience; or 4 years education and 1 year experience. The years of education and experience do not have to be acquired consecutively. 0 years education and 5 years experience; 1 year education and 4 years experience; 2 years education and 3 years experience; 3 years education and 2 years experience; or 4 years education and 1 year experience. The years of education and experience do not have to be acquired consecutively. (ii) Successfully complete, as indicated by receipt of a passing grade, the Animal and Plant Health Inspection Service training course on phytosanitary certification. (3) No inspectors shall inspect any plants or plant products in which they or a member of their family are directly or indirectly financially interested. (c) Applicant responsibility. (1) When the services of an agent or an inspector are requested, the applicant shall make the plant or plant product accessible for inspection and identification and so place the plant or plant product to permit physical inspection of the lot for plant pests. (2) The applicant must furnish all labor involved in the inspection, including the moving, opening, and closing of containers. (3) Certificates may be refused for failure to comply with any of the foregoing provisions." 7:7:5.1.1.1.13.0.47.7,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.7 Certificates.,APHIS,,,"[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 1105, Jan. 8, 1999; 64 FR 72265, Dec. 27, 1999; 66 FR 37116, July 17, 2001; 72 FR 35917, July 2, 2007]","(a) Phytosanitary certificate (PPQ Form 577). (1) For each consignment of domestic plants or unprocessed plant products for which certification is requested, the inspector shall sign and issue a separate certificate based on the findings of the inspection. (2) The original certificate shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by the applicant. (3) One copy of each certificate shall be filed in the office of inspection at the port of certification, and one forwarded to the Administrator. (4) The Administrator may authorize inspectors to issue certificates on the basis of inspections made by cooperating Federal, State, and county agencies. The Administrator may also authorize inspectors to issue a certificate on the basis of a laboratory test or an inspection performed by a non-government facility accredited in accordance with § 353.8. (5) Inspectors may issue new certificates on the basis of inspections for previous certifications when the previously issued certificates can be canceled before they have been accepted by the phytopathological authorities of the country of destination involved. (b) Export certificate for processed plant products (PPQ Form 578). (1) For each consignment of processed plant products for which certification is requested, the inspector shall sign and issue a certificate based on the inspector's findings after inspecting submitted samples and/or by virtue of processing received. (2) The original certificate shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by the applicant. (3) One copy of each certificate shall be filed in the office of inspection at the port of certification. (4) The Administrator may authorize inspectors to issue certificates on the basis of inspections made by cooperating Federal, State, and county agencies. The Administrator may also authorize inspectors to issue a certificate on the basis of a laboratory test or an inspection performed by a non-government facility accredited in accordance with § 353.8. (5) Inspectors may issue new certificates on the basis of inspections/processing used for previous certifications. (c) Phytosanitary certificate for reexport (PPQ Form 579). (1) For each consignment of foreign origin plants or unprocessed plant products for which certification is requested, the inspector shall sign and issue a certificate based on the original foreign phytosanitary certificate and/or additional inspection or treatment in the United States after determining that the consignment conforms to the current phytosanitary regulations of the receiving country and has not been subjected to the risk of infestation or infection during storage in the United States. (2) The original certificate shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by the applicant. (3) One copy of each certificate shall be filed in the office of inspection at the port of certification, and one forwarded to the Administrator. (4) The Administrator may authorize inspectors to issue certificates on the basis of inspections made by cooperating Federal, State, and county agencies. The Administrator may also authorize inspectors to issue a certificate on the basis of a laboratory test or an inspection performed by a non-government facility accredited in accordance with § 353.8. (5) Inspectors may issue new certificates on the basis of inspections for previous certifications when the previously issued certificates can be canceled before they have been accepted by the phytopathological authorities of the country of destination involved. (d) Industry-issued certificate. A certificate issued under the terms of a written agreement between the Animal and Plant Health Inspection Service and an agricultural or forestry company or association giving assurance that a plant product has been handled, processed, or inspected in a manner required by a foreign government. An industry-issued certificate includes an ISPM 15 quality/treatment mark. The certificate may be issued by the individual who signs the agreement or his/her delegate. (1) Contents of written agreement. In each written agreement, APHIS shall agree to cooperate and coordinate with the signatory agricultural or forestry company or association to facilitate the issuance of industry-issued certificates and to monitor activities under the agreement, and the concerned agricultural or forestry company or association agrees to comply with the requirements of the agreement. Each agreement shall specify the articles subject to the agreement and any measures necessary to prevent the introduction and dissemination into specified foreign countries of specified injurious plant pests. These measures could include such treatments as refrigeration, heat treatment, kiln drying, etc., and must include all necessary preshipment inspections and subsequent sign-offs and product labeling as identified by Plant Protection and Quarantine (PPQ), APHIS, based on the import requirements of the foreign country. (2) Termination of agreement. An agreement may be terminated by any signatory to the agreement by giving written notice of termination to the other party. The effective date of the termination will be 15 days after the date of actual receipt of the written notice. Any agreement may be immediately withdrawn by the Administrator if he or she determines that articles covered by the agreement were moved in violation of any requirement of this chapter or any provision of the agreement. If the withdrawal is oral, the decision to withdraw the agreement and the reasons for the withdrawal of the agreement shall be confirmed in writing as promptly as circumstances permit. Withdrawal of an agreement may be appealed in writing to the Administrator within 10 days after receipt of the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the appellant relies to show that the agreement was wrongfully withdrawn. The Administrator shall grant or deny the appeal, in writing, stating the reasons for granting or denying the appeal as promptly as circumstances permit. If there is a conflict as to any material fact and the person from whom the agreement is withdrawn requests a hearing, a hearing shall be held to resolve the conflict. Rules of practice concerning the hearing shall be adopted by the Administrator. No written agreement will be signed with an individual or a company representative of the concerned agricultural or forestry company or association who has had a written agreement withdrawn during the 12 months following such withdrawal, unless the withdrawn agreement was reinstated upon appeal." 7:7:5.1.1.1.13.0.47.8,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.8 Accreditation of non-government facilities.,APHIS,,,"[64 FR 1105, Jan. 8, 1999, as amended at 66 FR 37400, July 18, 2001]","(a) The Administrator may accredit a non-government facility to perform specific laboratory testing or phytosanitary inspection services if the Administrator determines that the non-government facility meets the criteria of paragraph (b) of this section. 1 1 A list of accredited non-government facilities may be obtained by writing to Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road, Unit 140, Riverdale, MD 20737-1236. (1) A non-government facility's compliance with the criteria of paragraph (b) of this section shall be determined through an assessment of the facility and its fitness to conduct the laboratory testing or phytosanitary inspection services for which it seeks to be accredited. If, after evaluating the results of the assessment, the Administrator determines that the facility meets the accreditation criteria, the facility's application for accreditation will be approved. (2) The Administrator may deny accreditation to, or withdraw the accreditation of, any non-government facility to conduct laboratory testing or phytosanitary inspection services upon a determination that the facility does not meet the criteria for accreditation or maintenance of accreditation under paragraph (b) of this section and has failed to take the remedial action recommended to correct identified deficiencies. (i) In the case of a denial, the operator of the facility will be informed of the reasons for the denial and may appeal the decision in writing to the Administrator within 10 days after receiving notification of the denial. The appeal must include all of the facts and reasons upon which the person relies to show that the facility was wrongfully denied accreditation. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her decision. 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. (ii) In the case of withdrawal, before such action is taken, the operator of the facility will be informed of the reasons for the proposed withdrawal. The operator of the facility may appeal the proposed withdrawal in writing to the Administrator within 10 days after being informed of the reasons for the proposed withdrawal. The appeal must include all of the facts and reasons upon which the person relies to show that the reasons for the proposed withdrawal are incorrect or do not support the withdrawal of the accreditation of the facility. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her decision. 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. However, withdrawal shall become effective pending final determination in the proceeding when the Administrator determines that such action is necessary to protect the public health, interest, or safety. Such withdrawal will be effective upon oral or written notification, whichever is earlier, to the operator of the facility. In the event of oral notification, written confirmation will be given as promptly as circumstances allow. This withdrawal will continue in effect pending the completion of the proceeding, and any judicial review thereof, unless otherwise ordered by the Administrator. (3) The Administrator will withdraw the accreditation of a non-government facility if the operator of the facility informs APHIS in writing that the facility wishes to terminate its accredited status. (4) A non-government facility whose accreditation has been denied or withdrawn may reapply for accreditation using the application procedures in paragraph (b) of this section. If the facility's accreditation was denied or withdrawn under the provisions of paragraph (a)(2) of this section, the facility operator must include with the application written documentation specifying what actions have been taken to correct the conditions that led to the denial or withdrawal of accreditation. (5) All information gathered during the course of a non-government facility's assessment and during the term of its accreditation will be treated by APHIS with the appropriate level of confidentiality, as set forth in the U.S. Department of Agriculture's administrative regulations in § 1.11 of this title. (b) Criteria for accreditation of non-government facilities. (1) Specific standards for accreditation in a particular area of laboratory testing or phytosanitary inspection are set forth in this part and may be obtained by writing to APHIS. If specific standards for accreditation in a particular area of laboratory testing or phytosanitary inspection have not been promulgated by APHIS, and the Administrator determines that accreditation in that area is practical, APHIS will develop appropriate standards applicable to accreditation in the area for which the non-government facility is seeking accreditation and publish a notice of proposed rulemaking in the Federal Register to inform the public and other interested persons of the opportunity to comment on and participate in the development of those standards. (2) The operator of a non-government facility seeking accreditation to conduct laboratory testing or phytosanitary inspection shall submit an application to the Administrator. The application must be completed and signed by the operator of the facility or his or her authorized representative and must contain the following: (i) Legal name and full address of the facility; (ii) Name, address, and telephone and fax number of the operator of the facility or his or her authorized representative; (iii) A description of the facility, including its physical plant, primary function, scope of operation, and, if applicable, its relationship to a larger corporate entity; and (iv) A description of the specific laboratory testing or phytosanitary inspection services for which the facility is seeking accreditation. (3) Upon receipt of the application, APHIS will review the application to identify the scope of the assessment that will be required to adequately review the facility's fitness to conduct the laboratory testing or phytosanitary inspection services for which it is seeking accreditation. Before the assessment of the facility begins, the applicant's representative must agree, in writing, to fulfill the accreditation procedure, especially to receive the assessment team, to supply any information needed for the evaluation of the facility, and to enter into a trust fund agreement as provided by paragraph (c) of this section to pay the fees charged to the applicant facility regardless of the result of the assessment and to pay the charges of subsequent maintenance of the accreditation of the facility. Once the agreement has been signed, APHIS will assemble an assessment team and commence the assessment as soon as circumstances permit. The assessment team will measure the facility's fitness to conduct the laboratory testing or phytosanitary inspection services for which it is seeking accreditation against the specific standards identified by the Administrator for those services by reviewing the facility in the following areas: (i) Physical plant. The facility's physical plant (e.g., laboratory space, office space, greenhouses, vehicles, etc.) must meet the criteria identified in the accreditation standards as necessary to properly conduct the laboratory testing or phytosanitary inspection services for which it seeks accreditation. (ii) Equipment. The facility's personnel must possess or have unrestricted access to the equipment (e.g., microscopes, computers, scales, triers, etc.) identified in the accreditation standards as necessary to properly conduct the laboratory testing or phytosanitary inspection services for which it seeks accreditation. The calibration and monitoring of that equipment must be documented and conform to prescribed standards. (iii) Methods of testing or inspection. The facility must have a quality manual or equivalent documentation that describes the system in place at the facility for the conduct of the laboratory testing or phytosanitary inspection services for which the facility seeks accreditation. The manual must be available to, and in use by, the facility personnel who perform the services. The methods and procedures followed by the facility to conduct the laboratory testing or phytosanitary inspection services for which it seeks accreditation must be commensurate with those identified in the accreditation standards and must be consistent with or equivalent to recognized international standards for such testing or inspection. (iv) Personnel. The management and facility personnel accountable for the laboratory testing or phytosanitary inspection services for which the facility is seeking accreditation must be identified and must possess the training, education, or experience identified in the accreditation standards as necessary to properly conduct the testing or inspection services for which the facility seeks accreditation, and that training, education, or experience must be documented. (4) To retain accreditation, the facility must agree to: (i) Observe the specific standards applicable to its area of accreditation; (ii) Be assessed and evaluated on a periodic basis by means of proficiency testing or check samples; (iii) Demonstrate on request that it is able to perform the tests or inspection services representative of those for which it is accredited; (iv) Resolve all identified deficiencies; (v) Notify APHIS as soon as possible, but no more than 10 days following its occurrence, of any change in key management personnel or facility staff accountable for the laboratory testing or phytosanitary inspection services for which the facility is accredited; and (vi) Report to APHIS as soon as possible, but no more than 10 days following its occurrence, any change involving the location, ownership, physical plant, equipment, or other conditions that existed at the facility at the time accreditation was granted. (c) Fees and trust fund agreement. The fees charged by APHIS in connection with the initial accreditation of a non-government facility and the maintenance of that accreditation shall be adequate to recover the costs incurred by the government in the course of APHIS' accreditation activities. To cover those costs, the operator of the facility seeking accreditation must enter into a trust fund agreement with APHIS under which the operator of the facility will pay in advance all estimated costs that APHIS expects to incur through its involvement in the pre-accreditation assessment process and the maintenance of the facility's accreditation. Those costs shall include administrative expenses incurred in those activities, such as laboratory fees for evaluating check test results, and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the APHIS in performing those activities. The operator of the facility must deposit a certified or cashier's check with APHIS for the amount of the costs, as estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the operator of the facility must deposit another certified or cashier's check with APHIS for the amount of the remaining costs, as determined by APHIS, before APHIS' services will be completed. After a final audit at the conclusion of the pre-accreditation assessment, any overpayment of funds will be returned to the operator of the facility or held on account until needed for future activities related to the maintenance of the facility's accreditation." 7:7:5.1.1.1.13.0.47.9,7,Agriculture,III,,353,PART 353—EXPORT CERTIFICATION,,,,§ 353.9 Standards for accreditation of non-government facilities to perform laboratory seed health testing and seed crop phytosanitary inspection.,APHIS,,,"[66 FR 37400, July 18, 2001, as amended at 67 FR 8466, Feb. 25, 2002]","(a) Application for accreditation, certification of accreditation, and monitoring of accredited facilities. A facility may apply to be accredited to perform laboratory seed health testing or seed crop phytosanitary inspection, or to renew such accreditation, by submitting an application in accordance with § 353.8(b)(2) of this part. If there are portions of the application deemed to contain trade secret or confidential business information (CBI), each page of the application containing such information should be marked “CBI Copy.” The application must be accompanied by a copy of the facility's quality manual and a nonrefundable application fee of $1,000. The applicant must make additional deposits to cover the costs of gaining and maintaining accreditation into a trust fund established in accordance with § 353.8(c) of this part upon request by the Administrator. (1) Upon determining that a facility is eligible for accreditation, the Administrator will issue the facility a certificate of accreditation. Accreditation will be for a period of 3 years from the date of issuance of the certificate of accreditation and may be renewed by submitting a new application and application fee in accordance with this paragraph. (2) The Administrator may deny or withdraw accreditation in accordance with § 353.8(a)(2) of this part. A facility may appeal denial of accreditation in accordance with § 353.8(a)(2)(i) of this part, and may appeal withdrawal of accreditation in accordance with § 353.8(a)(2)(ii) of this part. (3) A facility that has been denied accreditation or had its accreditation withdrawn may not reapply within 60 days of the date the facility was notified in writing that accreditation was denied or withdrawn. (4) After a facility is accredited, the facility must allow APHIS access to the facility and all of its equipment and records for the purpose of conducting unannounced audits to determine the facility's continuing eligibility for accreditation. Such audits will occur at least once a year and may be performed more frequently at the discretion of the Administrator. (b) Standards for accreditation. A facility that, in accordance with § 353.8(b)(2) of this part, applies to be accredited to perform laboratory seed health testing or seed crop phytosanitary inspection will be evaluated for accreditation against these standards: (1) Physical plant. The facility's physical plant (e.g., laboratory space, office space, greenhouses, vehicles, etc.) must: (i) Have laboratory and office spaces enclosed by walls and locking doors to prevent unauthorized access; (ii) Conform to all State and local zoning and other ordinances; and (iii) Provide a work area that is dedicated to laboratory functions and has sufficient space to conduct the required tests and store the materials and samples required for the tests in a manner that prevents contamination by other samples in the laboratory and from other sources. (2) The facility must have access to all equipment required to conduct the laboratory testing or seed crop phytosanitary inspections for which it is accredited. Specific test methodologies, materials, and the calibration and monitoring of the equipment must conform to Reference Manual B, which is incorporated by reference at § 300.4 of this chapter. The general requirements for each test category are as follows: (i) Seed crop phytosanitary inspections. Seed crop phytosanitary inspection may also include related activities such as collection of seed samples for later laboratory testing, visual inspection of seed just prior to export, and inspection of greenhouses or growth chambers where plants are grown for seed production, as well as visual inspection of seed crops. In the field, inspectors must use accurate field maps, hand lenses, and secure containers for the collection, storage, and transportation of samples. Inspectors must have direct access to a laboratory that is fully equipped to carry out any necessary diagnostic tests needed for field samples. (ii) Direct visual examination. Visual examination of seed requires a stereo microscope. Visual examination of tissue requires a compound light microscope. Visual examination of loosely attached or accompanying material requires a centrifuge and shaker. (iii) Incubation. Required equipment includes incubation chambers, laminar flow hoods, media preparation equipment, scales, pH meters, distilled and sterile water, gas burners, an autoclave, and the appropriate media for the specified tests. (iv) Grow-out tests. Grow-out tests require a greenhouse, growth chamber, or an outdoor quarantine location, and access to a laboratory that is fully equipped to carry out any required diagnostic tests. (v) Serological tests. These tests require grinding, extraction, and sample purification equipment; fluorescent microscopes; plate readers; spectrophotometers; and the appropriate assay materials; or the appropriate equipment to use field ready test kits. (vi) DNA probes. To conduct these tests, a laboratory must be equipped with polymerase chain reaction (PCR) equipment, including thermal cyclers, electrophoresis and gel blotting equipment, and the reagents and DNA polymerases necessary to conduct the PCR. (3) Methods of testing and inspection. The facility must conduct its laboratory seed health testing and seed crop phytosanitary inspection procedures in accordance with Reference Manual B. The facility must have a quality manual documenting its quality system for laboratory seed health testing and seed crop phytosanitary inspection procedures. The quality system must follow the general guidelines described in ANSI/ASQC Q9001-1994, American National Standard: Quality Systems-Model for Quality Assurance in Design, Development, Production, Installation and Servicing. Acceptable models for quality systems for accredited facilities are also described in detail in Reference Manual A, which is incorporated by reference at § 300.3 of this chapter. The personnel who perform the testing and inspection services must comply with the quality manual, and management must enforce this compliance. The facility must maintain documented procedures for identification, collection, indexing, access, filing, storage, maintenance, and disposition of quality system records. The facility must maintain quality system records to demonstrate conformance to the quality manual and the effective operation of the quality system. (4) Personnel. There must be a selection procedure and a training system to ensure technical competence of all staff members. The education, technical knowledge, and experience required to perform assigned test and inspection functions must be documented and clearly defined. In addition: (i) Evaluation of plant or tissue samples must be undertaken by a plant pathologist or by laboratory technicians under the supervision of a plant pathologist, who may provide such supervision either on-site, or from a remote location. Where personnel are required to be trained at a facility to evaluate the particular types of plants or tissue samples handled by the facility, the training program must be evaluated by APHIS and determined to be effective. (ii) All staff must have access to and be familiar with the reference materials, guides, and manuals required for the routine performance of the tests and inspections they conduct." 7:7:5.1.1.1.14.0.47.1,7,Agriculture,III,,354,PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES,,,,"§ 354.1 Overtime work at border ports, sea ports, and airports.",APHIS,,,"[49 FR 1173, Jan. 10, 1984, as amended at 49 FR 12186, Mar. 29, 1984; 49 FR 19441, May 8, 1984; 52 FR 16822, May 6, 1987; 53 FR 52975, Dec. 30, 1988; 54 FR 13506, Apr. 4, 1989; 55 FR 3198, Jan. 31, 1990; 55 FR 41059, Oct. 9, 1990; 56 FR 1082, Jan. 11, 1991; 58 FR 32434, June 10, 1993; 67 FR 48523, July 25, 2002; 68 FR 51882, Aug. 29, 2003; 80 FR 59566, Oct. 2, 2015]","(a)(1) Any person, firm, or corporation having ownership, custody, or control of plants, plant products, animals, animal byproducts, or other commodities or articles subject to inspection, laboratory testing, certification, or quarantine under this chapter and subchapter D of chapter I, title 9 CFR, who requires the services of an employee of the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection on a Sunday or holiday, or at any other time outside the regular tour of duty of that employee, shall sufficiently in advance of the period of Sunday, holiday, or overtime service request the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector in charge to furnish the service during the overtime or Sunday or holiday period, and shall pay the Government at the rate listed in the following table, except as provided in paragraphs (a)(1)(i), (ii), and (iii), and (a)(3) of this section: Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals, Animal Products or Other Regulated Commodities (i) For any services performed on a Sunday or holiday, or at any time after 5 p.m. or before 8 a.m. on a weekday, in connection with the arrivals in or departure from the United States of a private aircraft or vessel, the total amount payable shall not exceed $25 for all inspection services performed by the U.S. Customs and Border Protection, Public Health Service, and the Department of Agriculture; (ii) Owners and operators of aircraft will be provided service without reimbursement during regularly established hours of service on a Sunday or holiday; and (iii) The overtime rate to be charged owners or operators of aircraft at airports of entry or other places of inspection as a consequence of the operation of the aircraft, for work performed outside of the regularly established hours of service is listed in the following table: Overtime for Commercial Airline Inspection Services 1 1 These charges exclude administrative overhead costs. (2) Except as provided in paragraph (a)(3) of this section, a minimum charge of 2 hours shall be made for any Sunday or holiday or unscheduled overtime duty performed by an employee on a day when no work was scheduled for him or her, or which is performed by an employee on his or her regular workday beginning either at least 1 hour before his or her scheduled tour of duty or which is not in direct continuation of the employee's regular tour of duty. In addition, each such period of Sunday or holiday or unscheduled overtime work to which the 2-hour minimum charge provision applies may include a commuted traveltime period (CTT) the amount of which shall be prescribed in administrative instructions to be issued by the Administrator, Animal and Plant Health Inspection Service or U.S. Customs and Border Protection for the areas in which the Sunday or holiday or overtime work is performed and such period shall be established as nearly as may be practicable to cover the time necessarily spent in reporting to and returning from the place at which the employee performs such Sunday or holiday or overtime duty. With respect to places of duty within the metropolitan area of the employee's headquarters, such CTT period shall not exceed 3 hours. It shall be administratively determined from time to time which days constitute holidays. The circumstances under which such CTT periods shall be charged and the percentage applicable in each circumstance are as reflected in the following table: 1 Actual time charged when work is contiguous with the daily tour will be in quarter hour multiples, with service time of 8 minutes or more rounded up to the next quarter hour and any time of less than 8 minutes will be disregarded. 2 The full CTT allowance will be the amount of commuted traveltime prescribed for the place at which the inspections are performed. See § 354.2. One-half CTT is 1/2 of the full CTT period. (3) The overtime rate and all other charges, including minimum and commute compensation charges, to be billed for services provided by an employee of U.S. Customs and Border Protection shall be charged according to the provisions of this section, 5 CFR part 551, or 19 CFR 24.16. (b) The Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector in charge of honoring a request to furnish inspection, laboratory testing, quarantine or certification service, shall assign employees to such Sunday or holiday or overtime duty with due regard to the work program and availability of employees for duty. (c) As used in this section— (1) The term private aircraft means any civilian aircraft not being used to transport persons or property for compensation or hire, and (2) The term private vessel means any civilian vessel not being used (i) to transport persons or property for compensation or hire, or (ii) in fishing operations or in processing of fish or fish products. (d)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity acting as an agent or broker by requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector on behalf of any other person, firm, partnership, corporation, or other legal entity (principal), and who has not previously requested such service from an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector, must pay the inspector before service is provided. (2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference. (3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection determines that the agent, broker, or principal has established an acceptable credit history. (4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector. (e)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector, and who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 60 days delinquent, must pay the inspector before service is provided. (2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference. (3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt. (4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection inspector. (f) Reimbursable Sunday, holiday, or overtime services will be denied to any principal, or any person, firm, partnership, corporation, or other legal entity who has a debt to the Animal and Plant Health Inspection Service or U.S. Customs and Border Protection more than 90 days delinquent. Services will be denied until the delinquent debt is paid." 7:7:5.1.1.1.14.0.47.2,7,Agriculture,III,,354,PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES,,,,§ 354.2 Administrative instructions prescribing commuted traveltime.,APHIS,,,"[49 FR 32332, Aug. 14, 1984]","Each period of overtime and holiday duty, as defined in § 354.1 shall, in addition, include a commuted traveltime period for the respective ports, stations, and areas in which employees are located. The prescribed commuted traveltime periods are set forth below: Commuted Traveltime Allowances [In hours]" 7:7:5.1.1.1.14.0.47.3,7,Agriculture,III,,354,PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES,,,,§ 354.3 User fees for certain international services.,APHIS,,,"[89 FR 38636, May 7, 2024, as amended at 90 FR 13272, Mar. 21, 2025; 90 FR 39308, Aug. 15, 2025]","(a) Definitions. Whenever in this section the following terms are used, unless the context otherwise requires, they shall be construed, respectively, to mean: APHIS. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA). Arrival. Arrival at a port of entry, as listed in 19 CFR 101.3 or as defined by 19 CFR 101.1, in the customs territory of the United States or at any place serviced by any such port of entry. Calendar year. The period from January 1 to December 31, inclusive, of any particular year. Cascadia. British Columbia and those ports of entry into the United States lying south of 59°26′59.316″ N, north of 43°23′34.152″ N, west of 122°20′31.2″ W, and east of 135°20′2.4″ W.” Certificate. Any certificate issued by or on behalf of APHIS describing the condition of a shipment of plants or plant products for export, including but not limited to Phytosanitary Certificate (PPQ Form 577), Export Certificate for Processed Plant Products (PPQ Form 578), and Phytosanitary Certificate for Reexport (PPQ Form 579). Commercial aircraft. Any aircraft used to transport persons or property for compensation or hire. Commercial purpose. The intention of receiving compensation or making a gain or profit. Commercial railroad car. Any carrying vehicle, measured from coupler to coupler and designed to operate on railroad tracks, other than a locomotive or a caboose. Commercial shipment. A shipment for gain or profit. Commercial truck. Any self-propelled vehicle, including an empty vehicle or a truck cab without a trailer, which is designed and used for the transportation of commercial merchandise or for the transportation of non-commercial merchandise on a for-hire basis. Commercial vessel. Any watercraft or other contrivance used or capable of being used as a means of transportation on water to transport property for compensation or hire, with the exception of any aircraft or ferry. Customs and Border Protection (CBP). U.S. Customs and Border Protection, U.S. Department of Homeland Security. Customs territory of the United States. The 50 States, the District of Columbia, and Puerto Rico. Designated State or county inspector. A State or county plant regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties as to the phytosanitary condition of plant products inspected under the Plant Protection Act (7 U.S.C. 7701 et seq. ). Great Lakes. The Great Lakes of North America and the waters of the St. Lawrence River west of a rhumb line drawn from Cap de Rosiers to West Point, Anticosti Island, and west of a line along 63° W. longitude from Anticosti Island to the north shore of the St. Lawrence River. Passenger. A natural person for whom transportation is provided, including infants, whether a separate ticket or travel document is issued for the infant, or the infant or toddler occupies a seat, or the infant or toddler is held or carried by another passenger. Person. An individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof. (b) Fee for inspection of commercial vessels of 100 net tons or more. (1) Except as provided in paragraphs (b)(2) and (3) of this section, the master, licensed deck officer, or purser of any commercial vessel which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D, and which is either required to make entry at the customs house under 19 CFR 4.3 or is a U.S.-flag vessel proceeding coastwise under 19 CFR 4.85, shall, upon arrival, proceed to CBP and pay an agricultural quarantine and inspection (AQI) user fee. The base AQI user fee for each arrival is shown in table 1. The fee will be paid for each arrival regardless of the number of arrivals taking place in the course of a single voyage. Table 1 to Paragraph ( b )(1)—Fee for Inspection of Commercial Vessels of 100 Net Tons or More (2) The following categories of commercial vessels are exempt from paying an AQI user fee: (i) Commercial cruise vessels carrying passengers paying fees under paragraph (f) of this section; (ii) Any vessel which, at the time of arrival, is being used solely as a tugboat; (iii) Vessels used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the vessel is not carrying persons or merchandise for commercial purposes; (iv) Vessels arriving in distress or to take on fuel, sea stores, or ship's stores; (v) Tugboats towing vessels on the Great Lakes; and (vi) Vessels returning to the United States after traveling to Canada solely to take on fuel. (3) If not otherwise exempt from paying the fee, a vessel traveling solely between the United States and Canada and within the Great Lakes or Cascadia may pay the AQI user fee for each arrival as the fee is shown in table 2, provided that the vessel: (i) Is not carrying cargo originating from countries other than the United States or Canada. (ii) Is not carrying plants or plant products. (iii) Is not carrying animals or animal products. (iv) Is not carrying soil or quarry products from areas in Canada listed in § 319.77-3 of this chapter as being infested with gypsy moth. (v) Is not carrying wood packaging material as defined under § 319.40-1 of this chapter. Table 2 to Paragraph ( b )(3)—Fee for Inspection of Commercial Vessels Traveling Solely Between the United States and Canada and Within the Great Lakes or Cascadia, and Not Otherwise Exempt (c) Fee for inspection of commercial trucks —(1) On-arrival payment. Upon arrival at a CBP port of entry, the driver or other person in charge of a commercial truck that is subject to inspection under part 330 of this chapter or under 9 CFR chapter I, subchapter D, must tender the AQI user fees to CBP, unless they have been prepaid as provided for in paragraph (c)(2) of this section. APHIS strongly encourages electronic remittance of fees. The fee applies to all commercial trucks, regardless of what they are carrying, as well as empty trucks and truck cabs (see table 3). Table 3 to Paragraph ( c )(1)—Fee for Inspection of Commercial Trucks Note: The per arrival fee has been rounded down to the next $0.05 (five-cent) increment to facilitate border operations. Additionally, the prepaid fees are set at 50 times the unrounded fee rate of $12.44, and 60 times the unrounded fee rates of $13.47, $14.51, and $15.59, respectively. (2) Prepayment. (i) The owner, their agent, or person in charge of a commercial vehicle may at any time prepay the commercial truck AQI fee as defined in paragraph (c)(1) of this section for all arrivals of that vehicle during a calendar year or any remaining portion of a calendar year. The prepayment transponder fee is set at 50 times the unrounded per arrival fee for the period between October 1, 2024 and September 30, 2025, and 60 times the unrounded per arrival fee thereafter. Prepayment of the AQI fee must be made in accordance with the procedures and payment methods set forth in 19 CFR 24.22. The following information must be provided, together with the prepayment amount for each arrival: (A) Vehicle make, model, and model year; (B) Vehicle Identification Number (VIN); (C) License numbers issued by State, Province, or country; and (D) Owner's name and address. (ii) Purchases of transponders may be made at any time during a calendar year; APHIS will not prorate for the portion of the calendar year already elapsed, nor refund single-crossing fees already paid. (d) Fee for inspection of commercial railroad cars —(1) General requirement. Except as provided in paragraph (d)(2) of this section, an AQI user fee will be charged for each commercial railroad car (loaded or empty) which is subject to inspection under part 330 of this chapter or under 9 CFR chapter I, subchapter D, upon each arrival, as indicated in table 4. The railroad company receiving a railroad car in interchange at a port of entry or, barring interchange, the company moving a car in line haul service into the customs territory of the United States, will be responsible for payment of the fee. Payment of the fee must be made in accordance with the procedures set forth in paragraph (d)(3) or (4) of this section. For purposes of this paragraph (d), the term “railroad car” means any carrying vehicle, measured from coupler to coupler and designed to operate on railroad tracks. If the AQI user fee is prepaid for all arrivals of a commercial railroad car during a calendar year or any remaining portion of a calendar year, the AQI user fee is an amount 48 times the AQI user fee for each arrival. Table 4 to Paragraph ( d )(1)—Fee for Inspection of Commercial Railroad Cars (2) Exemptions. The following categories of commercial railroad cars are exempt from paying an AQI user fee: (i) Any commercial railroad car that is part of a train whose journey originates and terminates in Canada, if: (A) The commercial railroad car is part of the train when the train departs Canada; and (B) No passengers board or disembark from the commercial railroad car, and no cargo is loaded or unloaded from the commercial railroad car, while the train is within the United States. (ii) Any commercial railroad car that is part of a train whose journey originates and terminates in the United States, if: (A) The commercial railroad car is part of the train when the train departs the United States; and (B) No passengers board or disembark from the commercial railroad car, and no cargo is loaded or unloaded from the commercial railroad car, while the train is within any country other than the United States; and (iii) Locomotives and cabooses. (3) Prepayment. The owner, agent, or person in charge of a railroad company may at any time prepay the commercial railroad car AQI fee as defined in paragraph (d)(1) of this section for all arrivals of that railroad car during a calendar year or any remaining portion of a calendar. This payment must be remitted in accordance with paragraph (d)(4)(iii) of this section. (4) Remittance procedures. The Association of American Railroads (AAR), the National Railroad Passenger Corporation (AMTRAK), and railroad companies acting individually shall file monthly written statement with USDA, APHIS, FMD, within 90 days after the end of each calendar month. Each written statement shall indicate: (i) The number of commercial railroad cars entering the customs territory of the United States during the relevant period by railroad company; (ii) The total monthly AQI user fees due from each railroad company; and (iii) In the case of prepayments to cover all annual arrivals of certain railroad car(s) in accordance with paragraph (d)(3) of this section; include the number of railroad cars being prepaid for, railroad car number(s) covered by the prepayment and the calendar year to which the prepayment applies. (iv) Railroad companies may include the written statement with their mailed payment as directed in this paragraph (d)(4). For all other payment types, the companies must email the written statement to ABSHelpline@usda.gov. Individual railroad companies must submit a written statement for periods with no fees collected. Detailed remittance instructions are located at https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees. Questions and correspondence may be directed to ABSHelpline@usda.gov or (612) 336-3400 (fax) or (877) 777-2128 (phone). (5) Payment procedures. (i) If the railroad company intends to pay monthly, the owner, agent or person in charge of an individual railroad company shall pay the AQI user fees calculated by the Association of American Railroads (AAR), the National Railroad Passenger Corporation (AMTRAK), or the individual railroad company itself within 90 days after the end of each calendar month in which commercial railroad cars entered the customs territory of the United States. (ii) If the owner, agent or person in charge of an individual railroad company intends to prepay for railroad car(s) for the entire calendar year, as specified in paragraph (d)(3) of this section, prepayment may be made at any time during a calendar year; APHIS will not prorate for the portion of the calendar year already elapsed, nor refund or credit per arrival fees already paid. (iii) Written statements as described in paragraph (d)(4) of this section, are required to accompany all payments. Detailed payment instructions are located at https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees. Questions and correspondence may be sent to ABSHelpline@usda.gov, fax (612) 336-3400 or phone (877) 777-2128. (6) Compliance. (i) AAR, AMTRAK, and each railroad company responsible for making AQI user fee payments must allow APHIS, CBP, and authorized representatives to verify the accuracy of AQI user fees collected and remitted and otherwise determine compliance with 21 U.S.C. 136a and this paragraph (d). The AAR, AMTRAK, and each railroad company responsible for making AQI user fee payments must advise the USDA, APHIS, FMD of the name, address, and telephone number of an agent or other responsible person who is authorized to verify AQI user fee calculations, collections, and written statements, payments, as well as any changes in the identifying information submitted. (ii) The agent or other responsible person for a payment remains the agent or responsible person until the railroad company notifies APHIS of a transfer of responsibility. The agent or responsible person must contact APHIS to initiate any transfer by contacting ABSHelpline@usda.gov. The new agent or responsible person assumes all responsibilities for ensuring compliance for meeting the requirements of this part. (e)(1) Fee for inspection of commercial aircraft. Except as provided in paragraph (e)(2) of this section, an AQI user fee will be charged for each commercial aircraft which is arriving, or which has arrived and is proceeding from one United States airport to another under a CBP “Permit to Proceed,” as specified in 19 CFR 122.81 through 122.85, or an “Agricultural Clearance or Safeguard Order” (PPQ Form 250), used pursuant to § 330.400 of this chapter and 9 CFR 94.5, and which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D. Each carrier or their agent is responsible for paying the AQI user fee. The AQI user fee for each arrival is shown in table 5: Table 5 to Paragraph ( e )(1)—Fee for Inspection of Commercial Aircraft (2) Exemptions. The following categories of commercial aircraft are exempt from paying an AQI user fee: (i) [Reserved] (ii) Any aircraft used exclusively in the governmental services of the United States or a foreign government, including any Agency or political subdivision of the United States or a foreign government, as long as the aircraft is not carrying persons or merchandise for commercial purposes; (iii) Any aircraft making an emergency or forced landing when the original destination of the aircraft was a foreign port; (iv) Any passenger aircraft with 64 or fewer seats, which is not carrying the following cargo: Fresh fruits, fresh vegetables, plants, unprocessed plant products, cotton or covers, sugarcane, or fresh or processed meats; and which does not offer meal service other than beverages and prepackaged snacks that do not contain meats derived from ruminants, swine, or poultry or fresh fruits and fresh vegetables. Aircraft exempt from the user fee under this paragraph would still be subject to the garbage handling requirements found in § 330.400 of this chapter and 9 CFR 94.5; (v) Any aircraft moving from the U.S. Virgin Islands to Puerto Rico; and (vi) Any aircraft making an in-transit stop at a port of entry, during which the aircraft does not proceed through any portion of the Federal clearance process, such as inspection or clearance by APHIS or CBP, no cargo is removed from or placed on the aircraft, no passengers get on or off the aircraft, no crew members get on or off the aircraft, no food is placed on the aircraft, and no garbage is removed from the aircraft. (3) Remittance and payment procedures. (i) The carrier or their agent must pay the appropriate fees for receipt no later than 90 days after the close of the month in which the aircraft arrivals occurred. APHIS strongly encourages electronic payment of fees. To set up electronic payment refer to our detailed instructions at https://www.aphis.usda.gov/mrpbs/userfees/aqi-paymen t-types.pdf or for further information relative to electronic remittance, or for further information relative to electronic remittance, contact ABSHelpline@usda.gov. In the event electronic remission is impractical, a check or money order can be mailed to the Agency lock box following detailed payment instructions at https://www.aphis.usda.gov/mrpbs/userfees/aqi-payment-types.pdf. Questions and correspondence may be directed to ABSHelpline@usda.gov or to (612) 336-3400 (fax) or (877) 777-2128 (phone). For payment information, refer to our detailed payment instructions at https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees. Late payments will be subject to interest, penalty, and a charge to cover the cost of processing and handling a delinquent claim as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717). (ii) The carrier or their agent must provide a written statement each month stating the fees that are due for the month. Carriers or their agents must include a hard copy of the written statement with any mailed payment. For all other payment types, including for months with no fees collected, the carriers must email the written statement to ABSHelpline@usda.gov. (iii) The written statement must include the following information: (A) Name and address of the person making the payment; (B) Calendar month covered by the payment; (C) Amount being paid, or a written statement stating that no fees were collected. (iv) All fee payments required under this section must be made in U.S. dollars. For all payment types accepted, please visit https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees. (4) Compliance. Each carrier subject to this section must allow APHIS, CBP, and authorized representatives to verify the accuracy of the AQI user fees paid and to otherwise determine compliance in accordance with this paragraph (e) and 21 U.S.C. 136a. Each carrier must advise USDA, APHIS, FMD, FOB of the name, address, and telephone number of an agent or responsible person who is authorized to verify AQI user fee calculations, payments, and written statements as well as any changes in the identifying information submitted. The agent or responsible person for a payment remains the agent or responsible person until the carrier notifies APHIS of a transfer of responsibility. The carrier or their agent or responsible person must contact APHIS at https://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/ppq-cbp-aqi-user-fees-contacts to initiate any transfer. The new agent or responsible person assumes all responsibilities for ensuring compliance for meeting the requirements of this part. (5) Limitations on charges. (i) Airlines will not be charged reimbursable overtime for inspection of aircraft if the aircraft is subject to the AQI user fee for arriving aircraft as prescribed by this section. (ii) Airlines will not be charged reimbursable overtime for inspection of cargo from an aircraft if: (A) The aircraft is subject to the AQI user fee for arriving aircraft as prescribed by this section; and (B) The cargo is inspected between 8 a.m. and 4:30 p.m., Monday through Friday; or (C) The cargo is inspected concurrently with the aircraft. (f)(1) Fee for inspection of international passengers. Except as specified in paragraph (f)(2) of this section, each passenger aboard a commercial aircraft or cruise ship who is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D, upon arrival from a place outside of the customs territory of the United States, must pay an AQI user fee. The fee covers one individual arriving into a port of entry within the customs territory of the United States from a foreign port. Each air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document for transportation into the customs territory of the United States is responsible for collecting from the passenger the applicable fee specified in this section, including the fee applicable to any infants or toddlers traveling without a separate ticket or travel document, whether in assigned seats or held in an adult passenger's lap. In the event that the air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document does not collect the AQI user fee when tickets are sold, the air carrier or cruise line must collect the user fee that is applicable at the time of departure from the passenger upon departure. The AQI user fee will apply to tickets purchased beginning October 1, 2024. The fees are shown in tables 6 and 7: Table 6 to Paragraph ( f )(1)—International Air Passenger Table 7 to Paragraph ( f )(1)—International Cruise (Sea) Passenger (2) Exemptions. The following categories of passengers are exempt from paying an AQI user fee: (i) Crew members onboard for purposes related to the operation of the vessel; (ii) Crew members who are on duty on a commercial aircraft; (iii) Airline employees, including “deadheading” crew members, who are traveling on official airline business; (iv) Diplomats, except for U.S. diplomats, who can show that their names appear on the accreditation listing maintained by the U.S. Department of State. In lieu of the accreditation listing, an individual diplomat may present appropriate proof of diplomatic status to include possession of a diplomatic passport or visa, or diplomatic identification card issued by a foreign government; (v) Passengers departing and returning to the United States without having touched a foreign port or place; (vi) Passengers arriving on any commercial aircraft used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the aircraft is not carrying persons or merchandise for commercial purposes. Passengers on commercial aircraft under contract to the U.S. Department of Defense (DOD) are exempted if they have been precleared abroad under the joint DOD/APHIS Military Inspection Program; (vii) Passengers arriving on an aircraft due to an emergency or forced landing when the original destination of the aircraft was a foreign port; (viii) Passengers transiting the United States and not subject to inspection; and (ix) Passengers moving from the U.S. Virgin Islands to Puerto Rico. (3) Circumstances of user fee collections. AQI user fees shall be collected under the following circumstances: (i) When through tickets or travel documents are issued indicating travel to the customs territory of the United States that originates in any foreign country; and (ii) When passengers arrive in the customs territory of the United States in transit from a foreign country and are inspected by APHIS or CBP. (4) Responsibility for collection of fees. (i) Any air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document on or after May 13, 1991, is responsible for collecting the AQI user fee from all passengers transported into the customs territory of the United States to whom the AQI user fee applies. (A) Tickets or travel documents must be marked by the person who collects the AQI user fee to indicate that the required AQI user fee has been collected from the passenger. (B) If the AQI user fee applies to a passenger departing from the United States and if the passenger's tickets or travel documents were issued on or after May 13, 1991, but do not reflect collection of the AQI user fee at the time of issuance, then the carrier transporting the passenger from the United States must collect the AQI user fee upon departure. (C) AQI user fees collected from international passengers pursuant to this paragraph (f) shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. AQI user fees collected from international passengers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the AQI user fees for international passengers, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS' right to collect interest for late remittance. (ii) [Reserved] (5) Remittance and payment procedures. (i) The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document or their own non-carrier related tickets or travel documents, must remit collections of AQI user fees from the passengers to APHIS. (ii) The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document must remit the passengers' fees to APHIS no later than 90 days after the close of the calendar month in which the ticket issuer collected the AQI user fees from the passengers. Late payments will be subject to interest, penalties, and a charge to cover the cost of processing and handling a delinquent claim as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717). (iii) All fee payments required under this section must be made in U.S. dollars. For payment types accepted please visit https://www.aphis.usda.gov/aphis/ourfocus/business-services/aqi-user-fees. APHIS strongly encourages electronic remittance of fees. To set up electronic remittance refer to our detailed payment instructions at https://www.aphis.usda.gov/mrpbs/userfees/aqi-payment-types.pdf or for further information relative to electronic remittance, contact ABSHelpline@usda.gov. In the event electronic remission is impractical, a check or money order can be mailed to the Agency lock box following detailed payment instructions at https://www.aphis.usda.gov/sites/default/files/aqi-payment-types.pdf. Questions and correspondence may be sent to ABSHelpline@usda.gov or fax (612) 336-3400 or (877) 777-2128. For payment information, refer to our detailed payment instructions at https://www.aphis.usda.gov/sites/default/files/aqi-payment-types.pdf. (iv) The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document must provide a written statement each month stating the passenger fees that are due for the month or stating that no payments are due. The air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document must include the written statement with their mailed payment. For all other payment types, they must email the written statement separately to ABSHelpline@usda.gov. The written statement must include the following information: (A) Name and address of the person remitting payment; (B) Calendar month covered by the payment; and (C) Amount collected and remitted. (v) Refunds by a remitter of AQI user fees collected in conjunction with unused tickets or travel documents shall be netted against the next subsequent remittance. The ticket or travel document-issuing entity must submit a revised written statement indicating the revised number of passengers and international passenger AQI user fees amount collected. The revised written statement must be completed and filed for each month during which the ticket or travel document-issuing entity certifies that there was a decrease in the number of passengers and international passenger AQI user fees collected. (6) Notification. Carriers contracting with U.S.-based tour wholesalers are responsible for notifying the USDA, APHIS, FMD, FOB at https://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/ppq-cbp-aqi-user-fees-contacts of all journeys contracted, the number of spaces contracted for, and the name, address, and taxpayer identification number of the United States-based tour wholesaler, within 90 days after the close of the calendar month in which such a journey occurred; except that, carriers are not required to make notification if tickets, marked to show collection of the AQI user fee, are issued for the individual contracted spaces. (7) Compliance. Each carrier, travel agent, U.S.-based tour wholesaler, or other entity subject to this section must allow APHIS, CBP, and authorized representatives to verify the accuracy of the AQI user fees collected and remitted and to otherwise determine compliance with 21 U.S.C. 136a and this paragraph (f). Each carrier, travel agent, U.S.-based tour wholesaler, or other entity must advise USDA, APHIS, FMD, at https://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/ppq-cbp-aqi-user-fees-contacts of the name, address, and telephone number of a responsible officer who is authorized to verify AQI user fee calculations, payments, and remittance, as well as any changes in the identifying information submitted. The responsible person for a payment remains the responsible person until the air or sea carrier, travel agent, tour wholesaler, or other party issuing a ticket or travel document notifies APHIS of a transfer of responsibility. The responsible person must contact APHIS to initiate any transfer. The new responsible person assumes all responsibilities for ensuring compliance for meeting the requirements of this part. (8) Limitation on charges. Airlines and cruise lines will not be charged reimbursable overtime for passenger inspection services required for any aircraft or cruise ship on which a passenger arrived who has paid the international passenger AQI user fee for that flight or cruise. (g) Fees for export certification of plants and plant products. (1) For each certificate issued by APHIS personnel, the recipient must pay the applicable AQI user fee at the time and place the certificate is issued. (2) When the work necessary for the issuance of a certificate is performed by APHIS personnel on a Sunday or holiday, or at any other time outside the regular tour of duty of the APHIS personnel issuing the certificate, in addition to the applicable user fee, the recipient must pay the applicable overtime rate in accordance with § 354.1. (3)(i) Each exporter who receives a certificate issued on behalf of APHIS by a designated State or county inspector must pay an administrative user fee, as shown in table 8. The administrative fee can be remitted by the exporter directly to APHIS through the Phytosanitary Certificate Issuance and Tracking System (PCIT), provided that the exporter has a PCIT account and submits the application for the export certificate through the PCIT. If the PCIT is not used, the State or county issuing the certificate is responsible for collecting the fee and remitting it monthly to the U.S. Bank, United States Department of Agriculture, APHIS, AQI, P.O. Box 979043, St. Louis, MO 63197-9000. Table 8 to Paragraph ( g )(3)( i )—Administrative User Fee (ii) The AQI user fees for an export or reexport certificate for a commercial shipment are shown in table 9. Table 9 to Paragraph ( g )(3)( ii )—Export or Reexport Certificate for Commercial Shipment (iii) The AQI user fees for an export or reexport certificate for a low-value commercial shipment are shown in table 10. A commercial shipment is a low-value commercial shipment if the items being shipped are identical to those identified on the certificate; the shipment is accompanied by an invoice which states that the items being shipped are worth less than $1,250; and the shipper requests that the user fee charged be based on the low value of the shipment. Table 10 to Paragraph ( g )(3)( iii )—Export or Reexport Certificate for Low-Value Commercial Shipment (iv) The AQI user fees for an export or reexport certificate for a noncommercial shipment are shown in table 11. Table 11 to Paragraph ( g )(3)( iv )—Export or Reexport Certificate for Noncommercial Shipment (v) The AQI user fees for replacing any certificate are shown in table 12. Table 12 to Paragraph ( g )(3)( v )—Replacement Fee (4) If a designated State inspector issues a certificate, the State where the certificate is issued may charge for inspection services provided in that State. (5) Any State which wishes to charge a fee for services it provides to issue certificates must establish fees in accordance with one of the following guidelines: (i) Calculation of a “cost-per-certificate” fee. The State must: (A) Estimate the annual number of certificates to be issued; (B) Determine the total cost of issuing certificates by adding together delivery, 1 support, 2 and administrative costs; 3 and 1 Delivery costs are costs such as employee salary and benefits, transportation, per diem, travel, purchase of specialized equipment, and user fee costs associated with maintaining field offices. Delivery hours are similar hours taken by inspectors, including travel time, inspection time, and time taken to complete paperwork. 2 Support costs are costs at supervisory levels which are similar to delivery costs, and user fee costs such as training, automated data processing, public affairs, enforcement, legal services, communications, postage, budget and accounting services, and payroll, purchasing, billing, and collecting services. Support hours are similar hours taken at supervisory levels, as well as hours taken in training, automated data processing, enforcement, legal services, communication, budgeting and accounting, payroll purchasing, billing, and collecting. 3 Administrative costs are costs incurred as a direct result of collecting and monitoring Federal phytosanitary certificates. Administrative hours are hours taken as a direct result of collecting and monitoring Federal phytosanitary certificates. (C) Divide the cost of issuing certificates by the estimated number of certificates to be issued to obtain a “raw” fee. The State may round the “raw” fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing; or (ii) Calculation of a “cost-per-hour” fee. The State must: (A) Estimate the annual number of hours taken to issue certificates by adding together delivery, 4 support, 5 and administrative 6 hours; 4 Delivery costs are costs such as employee salary and benefits, transportation, per diem, travel, purchase of specialized equipment, and user fee costs associated with maintaining field offices. Delivery hours are similar hours taken by inspectors, including travel time, inspection time, and time taken to complete paperwork. 5 Support costs are costs at supervisory levels which are similar to delivery costs, and user fee costs such as training, automated data processing, public affairs, enforcement, legal services, communications, postage, budget and accounting services, and payroll, purchasing, billing, and collecting services. Support hours are similar hours taken at supervisory levels, as well as hours taken in training, automated data processing, enforcement, legal services, communication, budgeting and accounting, payroll purchasing, billing, and collecting. 6 Administrative costs are costs incurred as a direct result of collecting and monitoring Federal phytosanitary certificates. Administrative hours are hours taken as a direct result of collecting and monitoring Federal phytosanitary certificates. (B) Determine the total cost of issuing certificates by adding together delivery, 1 support, 2 and administrative costs; and (C) Divide the cost of issuing certificates by the estimated number of hours taken to issue certificates to obtain a “cost-per-hour” fee. The State may round the “cost-per-hour” fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing. (6) For payment of any of the AQI user fees required in this paragraph (g), we will accept personal checks for amounts less than $100, and checks drawn on commercial accounts, cashier's checks, certified checks, traveler's checks, and money orders for any amount. All payments must be for the exact amount due. (h)(1) Fee for conducting and monitoring treatments. (1) Each importer of a consignment of articles that require treatment upon arrival from a place outside of the customs territory of the United States, either as a preassigned condition of entry or as a remedial measure ordered following the inspection of the consignment, must pay an AQI user fee. The AQI user fee is charged on a per-treatment basis, i.e., if two or more consignments are treated together, only a single fee will be charged, and if a single consignment is split or must be retreated, a fee will be charged for each separate treatment conducted. The AQI user fee for each treatment is shown in table 13: Table 13 to Paragraph ( h )(1)—Fee for Conducting and Monitoring Treatments (2) Treatment provider. (i) Private entities that provide AQI treatment services to importers are responsible for collecting the AQI treatment user fee from the importer for whom the service is provided. Treatment providers must collect the AQI treatment fee applicable at the time the treatment is applied. (ii) When AQI treatment services are provided by APHIS, APHIS will collect the AQI treatment fee applicable at the time the treatment is applied from the person receiving the services. Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.” (3) Collection of fees. (i) In cases where APHIS is not providing the AQI treatment and collecting the associated fee, AQI user fees collected from importers pursuant to this paragraph (h) shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. AQI user fees collected from importers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the AQI treatment user fees, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS' right to collect interest from the person holding such user fees for late remittance. (ii) [Reserved] (4) Remittance and statement procedures. (i) The treatment provider that collects the AQI treatment user fee must remit the fee to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000. (ii) AQI treatment user fees must be remitted for receipt no later than 31 days after the close of the calendar quarter in which the AQI user fees were collected. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3717). (iii) The remitter must mail with the remittance a written statement to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000. The statement must include the following information: (A) Name and address of the person remitting payment; (B) Taxpayer identification number of the person remitting payment; (C) Calendar quarter covered by the payment; and (D) Amount collected and remitted. (iv) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.” (i) Consequences for nonpayment or late payment of user fees —(1) Unpaid debt. In cases of delinquent debts, the government is required to charge and collect interest, penalties, and costs. See 31 U.S.C. 3717(a) (interest); 3717(e)(1) (costs); and 3717(e)(2) (penalties). If any person for whom the service is provided fails to pay when due any debt to APHIS, including any user fee due under chapter I or chapter III of this title, then: (i) Subsequent user fee payments. Payment must be made for subsequent user fees before the service is provided if: (A) For unbilled fees, the user fee is unpaid 60 days after the date the pertinent regulatory provision indicates payment is due; (B) For billed fees, the user fee is unpaid 60 days after date of bill; (C) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty charges, interest charges, or charges for the cost of processing and handling the delinquent bill on any delinquent APHIS user fee; or (D) Payment has been dishonored. (ii) Resolution of difference between estimate and actual. APHIS will estimate the user fee to be paid; any difference between the estimate and the actual amount owed to APHIS will be resolved as soon as reasonably possible following the delivery of the service, with APHIS returning any excess to the payor or billing the payor for the additional amount due. (iii) Prepayment form. The prepayment must be in guaranteed form of payment, such as money order or certified check. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt. (iv) Denied service. Service will be denied until the debt is paid if: (A) For unbilled fees, the user fee is unpaid 90 days after date the pertinent regulatory provision indicates payment is due; (B) For billed fees, the user fee is unpaid 90 days after date of bill; (C) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty charges, interest charges, or charges for the cost of processing and handling the delinquent bill on any delinquent APHIS user fee; or (D) Payment has been dishonored. (2) Unpaid debt during service. If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is inadequate or unacceptable, then APHIS will take the following action: If regulated articles in quarantine at a treatment facility cannot be released from quarantine, APHIS may seize and dispose of them, as determined by the Administrator, and may recover all expenses of handling the articles from persons liable for user fees under paragraph (h)(1) of this section. If regulated articles can be released from quarantine, the articles will be released, and any unpaid debt will be handled in accordance with procedures for unpaid debt in this section. (3) Late payments. If for unbilled user fees, the user fees are unpaid 30 days after the date the pertinent regulatory provisions indicates payment is due, or if billed, are unpaid 30 days after the date of the bill, APHIS will impose late payment penalty charges, interest charges, and charges for the cost of processing and handling the delinquent bill in accordance with 31 U.S.C. 3717. (4) Dishonored payment. User fees paid with dishonored forms of payment, such as a check returned for insufficient funds, will be subject to interest and penalty charges in accordance with 31 U.S.C. 3717. Administrative charges will be assessed at $20.00 per dishonored payment to be paid in addition to the original amount owed. Payment must be in guaranteed form, such as a money order or certified check. (5) Debt collection management. In accordance with applicable debt collection law, the following provisions apply: (i) Taxpayer identification number. APHIS will collect a taxpayer identification number from all persons, other than Federal agencies, who are liable for a user fee. (ii) Offset. APHIS takes appropriate action to collect debts through offset under applicable law, including by notifying the Department of the Treasury of debts that are over 120 days delinquent for the purposes of offset through the Treasury Offset Program. Through the Treasury Offset Program, the Department of the Treasury will offset eligible Federal and State payments to satisfy the debt to APHIS. (iii) Cross-servicing. APHIS will transfer debts that are over 120 days delinquent to the Department of the Treasury's Cross-Servicing program. Through the Cross-Servicing program, the Department of the Treasury will collect debts on behalf of APHIS. Exceptions may be made for debts that meet certain requirements, for example, debts that are already at a collection agency or in payment plans. (6) Report delinquent debt. APHIS will report all unpaid debts to credit reporting bureaus. ( j ) Recordkeeping and record retention. (1) Entities responsible for paying AQI user fees and their agents are required to establish, keep, and make available to APHIS the following records: (i) Records and reports required under this section, including written statements, if applicable; and (ii) Legible copies of contracts (including amendments to contracts) between the responsible entity or their agents and agents that conduct activities subject to this part for the responsible entity, and copies of documents relating to agreements made without a written contract. (2) Responsible entities or their agents must maintain sufficient documentation for APHIS, CBP, and representatives to verify the accuracy of the fee collections and, if applicable, written statements. Such information must be made available for inspection upon APHIS and CBP's demand. Such documentation shall be maintained in the United States for a period of 5 years from the date of remittance calculation, unless a longer retention period is determined to be needed by the Administrator. Each such affected entity shall provide to APHIS and CBP the name, address, and telephone number of a responsible officer who is able to verify any statements or records required to be filed or maintained under this section and shall promptly notify APHIS and CBP of any changes in the identifying information previously submitted. (k) Severability. The sections of this part are separate and severable from one another. If any section or portion therein is stayed or determined to be invalid, or the applicability of any section to any person or entity is held invalid, it is the APHIS' intention that the validity of the remainder of those parts shall not be affected, with the remaining sections to continue in effect. (Approved by the Office of Management and Budget under control numbers 1651-0019, 0579-0052, 0579-0094, and 0579-0489)." 7:7:5.1.1.1.14.0.47.4,7,Agriculture,III,,354,PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES,,,,§ 354.4 User fees for certain domestic services.,APHIS,,,"[57 FR 770, Jan. 9, 1992, as amended at 57 FR 14475, Apr. 21, 1992; 58 FR 38269, July 16, 1993; 59 FR 67611, Dec. 30, 1994]","(a) Individual agreements for inspection services at ports of entry. (1) Operators and owners of vessels or aircraft, or their agents, may enter into agreements with APHIS to receive, at points of entry in the United States inspection services in addition to the regular or on-call services available in connection with such vessels or aircraft. (2) Agreements may be made to cover the following types of services; (i) Opening and operating a new inspection station at a port of entry; and (ii) Providing one-time or occasional inspection services at a location where APHIS does not normally provide such services. (3) Owners and operators of vessels or aircraft, or their agents, must contact the Regional Director, USDA, APHIS, Plant Protection and Quarantine, 5 for the State where they want APHIS to provide services, to make an agreement. 5 A list of the Regional Directors, USDA, APHIS, Plant Protection and Quarantine and the States for which they are responsible, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Operational Support—Director's Office, 4700 River Road, Unit 131, Riverdale, Maryland 20737-1236. (4) All agreements must include the following: (i) Name, mailing address, and telephone number of the operator or owner of the vessel or aircraft, or, if applicable, the operator's or owner's agent; (ii) Explanation of inspection services to be provided; (iii) Date(s) and time(s) inspection services will be provided; (iv) Location (street address, port of entry, berth, dock, gate, etc.) and if applicable, identity (identification number, name, etc.) of vessel or aircraft or other thing to be inspected; (v) An estimate of the actual cost, as calculated by APHIS, to provide the described inspection services for 6 months; (vi) A statement that APHIS agrees to provide the described inspection services; (vii) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to pay, at the time the agreement is entered into, a user fee equal to the estimated cost of providing the described inspection services for 6 months; (viii) A statement that APHIS will credit an amount equal to all user fees received for services provided at the location to the owner or operator's account, until the total amount of user fees credited to the account is equal to the amount of money paid into the account by the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, at the time the agreement was entered into; and (ix) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to maintain a balance in the user fee payment account equal to the cost of providing the services described for 6 months, as calculated monthly by APHIS. (5) APHIS will enter into an agreement only if qualified personnel can be made available to provide the services to be provided. (6) An agreement can be terminated by either party on 30 days written notice. (7) If, at the time an agreement is terminated, any unobligated funds remain in the user fee account, APHIS will return them to the owner or operator, or his or her agent." 7:7:5.1.1.1.14.0.47.5,7,Agriculture,III,,354,PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES,,,,§ 354.5 Penalties for nonpayment or late payment of user fees.,APHIS,,,"[57 FR 771, Jan. 9, 1992]","(a) If a person requesting a service for which an APHIS user fee is payable, is delinquent in paying any APHIS user fee due under either title 7 or title 9, Code of Federal Regulations, or is delinquent in paying the interest on any delinquent APHIS user fee, then APHIS will not provide the service requested. (b) If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is insufficient or not in compliance with the regulations in this part, then APHIS will take the following action: (1) If an APHIS user fee is due for a certificate or a certificate for reexport, APHIS will not issue the certificate. (2) If an APHIS user fee is past due by more than 30 days, APHIS will impose a late payment penalty and interest charges in accordance with 31 U.S.C. 3717." 7:7:5.1.1.1.15.1.47.1,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,A,Subpart A—Purpose and Definitions,,§ 355.1 Purpose.,APHIS,,,"[66 FR 21060, Apr. 27, 2001]","Pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq. ), the Secretary is responsible for the enforcement of the provisions of the Act and Convention that pertain to the importation, exportation, or reexportation of terrestrial plants. 1 The regulations in this part are for the purpose of implementing this authority. Regulations of the U.S. Department of the Interior that correlate with the regulations in this part are contained in 50 CFR chapter I. 2 1 Under section 11 of the Act (16 U.S.C. 1540), it is unlawful for any person to knowingly violate any provision of the Act, any permit or certificate issued under the Act, or any regulation promulgated under the Act. Section 11 of the Act also provides for criminal, civil, and administrative penalties for any such violation. 2 Plant Protection and Quarantine also administers programs under the Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371 through 3378), 7 U.S.C. 2814, and the Plant Protection Act (7 U.S.C. 7701-7772), which authorize additional prohibitions and restrictions on the importation of plants subject to this part (see other parts of 7 CFR chapter III for regulations containing prohibitions and restrictions under these authorities)." 7:7:5.1.1.1.15.1.47.2,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,A,Subpart A—Purpose and Definitions,,§ 355.2 Definitions.,APHIS,,,"[49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005]","Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed, respectively, to mean: Act. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq. ). Convention. The Convention on International Trade in Endangered Species of Wild Fauna and Flora, TIAS 8249, 27 U.S.T. 1087, signed on March 3, 1973, and the Appendices thereto. Deputy Administrator. The Deputy Administrator of the Animal and Plant Health Inspection Service for Plant Protection and Quarantine, U.S. Department of Agriculture, or any other officer or employee of the Department to whom authority to act in his or her stead has been or may hereafter be delegated. Engage in business as an importer, exporter, or reexporter of terrestrial plants. To import, export, or reexport terrestrial plants for the purpose of selling, bartering, collecting, or otherwise exchanging or acquiring the plants as a livelihood or enterprise engaged in for gain or profit. This term shall not include persons engaged in business merely as carriers or customhouse brokers. Export (exported, exporting, exportation). To carry, send, take, transport or otherwise remove, or to attempt to carry, send, take, transport or otherwise remove from any place subject to the jurisdiction of the United States. Import (imported, importing, importation). To land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of 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 Act and Convention, and regulations promulgated thereunder. Person. Any individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof or of any foreign government. Plant. Any member of the plant kingdom, including seeds, roots and other parts thereof. 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 Act and Convention, and regulations promulgated thereunder. Protected plant permit. PPQ Form 622, “Protected Plant Permit to Engage in the Business of Importing, Exporting, or Reexporting Terrestrial Plants Regulated by 50 CFR 17.12 and 23.23.” Reexport (reexported, reexportation). To export following importation. Secretary. The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his or her stead has been or may hereafter be delegated. Terrestrial plants. Any plants (including epiphytic plants), except marine plants. Validation. An original stamp, signature, and date of inspection placed upon documentation required by 50 CFR part 17 or part 23 by an inspector at the port where the terrestrial plants are to be imported, exported or reexported. United States. Any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the U.S. Virgin Islands, Guam, and the Trust Territory of the Pacific Islands." 7:7:5.1.1.1.15.2.47.1,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,B,Subpart B—Permission to Engage in Business,,§ 355.10 Permission to engage in business concerning nonlisted terrestrial plants.,APHIS,,,"[49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005]","The Secretary hereby grants permission for any person engaged in business as an importer, exporter, or reexporter of terrestrial plants, other than terrestrial plants listed in 50 CFR 17.12 or 23.23, to engage in such business without a protected plant permit issued under § 355.11." 7:7:5.1.1.1.15.2.47.2,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,B,Subpart B—Permission to Engage in Business,,§ 355.11 Protected plant permits.,APHIS,,,"[49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994; 66 FR 21060, Apr. 27, 2001; 70 FR 57995, Oct. 5, 2005]","(a) On or after March 26, 1985 no person shall engage in business as an importer, exporter, or reexporter of any terrestrial plants listed in 50 CFR 17.12 or 23.23 unless such person has obtained a protected plant permit for engaging in such business from Plant Protection and Quarantine. (b) An application for a protected plant permit shall be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Permit Services, 4700 River Road Unit 133, Riverdale, MD 20737-1236. The completed application shall include the following information: 3 3 Application forms are available on the Internet ( http://www.aphis.usda.gov/ppq/permits ), by calling (877) 770-5990, or by writing to the address in this paragraph. Application forms may also be obtained from local offices at any of the ports designated in 50 CFR part 24. Telephone numbers and addresses of local offices are listed in telephone directories. (1) Date of application; (2) Applicant's name, mailing address, and telephone number; (3) If the applicant is an individual, the business affiliation, if any, having to do with the importation, exportation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23; (4) If the applicant is in the name of a business or if the applicant is affiliated with a business which imports, exports, or reexports terrestrial plants listed in 50 CFR 17.12 or 23.23, the form of the business, e.g., corporation, firm, partnership; and the name and address of each partner, officer, director, holder, and owner of 10 percent or more of the voting stock, and employee in a managerial or executive capacity; (5) The address of all applicants' business locations, including but not limited to locations of nurseries, growing fields, propagating beds, holding beds and similar facilities where activities relating to terrestrial plants listed in 50 CFR 17.12 or 23.23 would be conducted; (6) A brief and complete description of the nature of the applicant's business as it relates to engaging in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR 17.12 or 23.23; (7) Any address where books or records concerning the importation, exportation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23 would be kept; (8) Name, address, and telephone number of the person authorized to make records or plant inventories available for examination by inspectors or other duly authorized representatives of the Secretary; and (9) Certification by signature of the applicant (must be a partner or officer if the applicant is a business) after the following language: “I hereby certify that the information in this application is complete and accurate to the best of my knowledge and belief.” (c) Each application for a protected plant permit must be accompanied by a check or money order for $70 made payable to Plant Protection and Quarantine. The fee shall not be refunded if the application is denied or abandoned. (d) After receipt and review of the application by Plant Protection and Quarantine, a protected plant permit for the importation, exportation, and reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23 shall be issued if the applicant has submitted an application containing all information requested in paragraph (b) of this section, if the applicant has paid the fee in accordance with paragraph (c) of this section, and if a protected plant permit of the applicant or anyone responsibly connected with the business of the applicant has not been and is not denied, suspended or revoked pursuant to paragraph (i) of this section. (e) The applicant shall be notified in writing by Plant Protection and Quarantine of the approval or denial of any request for a protected plant permit. If a protected plant permit is denied, the notification shall state the reasons therefor. If a protected plant permit is denied, the applicant may request a hearing pursuant to paragraph (i)(1) of this section and may submit to Plant Protection and Quarantine, in writing, reasons why the permit should not have been denied. Such submissions of the applicant shall not be considered a new application if submitted within 60 days following the receipt of notification of the denial by the applicant. (f) Upon receipt of an incomplete or improperly executed application, the applicant shall be notified by Plant Protection and Quarantine of the deficiency of the application. If the applicant fails to supply the deficient information or otherwise fails to correct the deficiency within 60 days following the receipt of the notification by the applicant, the application shall be considered abandoned. (g) Upon receipt of an application filed with an insufficient fee, or without a fee, the application and any fee submitted will be returned to the applicant. (h) A protected plant permit shall be valid for 2 years from the date of issuance unless suspended or revoked pursuant to paragraph (i) of this section. A new application must be submitted for the renewal of the protected plant permit. A protected plant permit shall not be transferred, tampered with, amended or otherwise altered in any manner or form by any person. (i)(1) Any application for a protected plant permit may be denied and any protected plant permit which has been issued may be suspended or revoked for a time specified by the Deputy Administrator for any of the reasons provided in paragraph (i)(2) of this section. Before such action is taken, the applicant or permittee will be informed of the reasons for the proposed action, and upon request, shall be afforded an opportunity for a hearing with respect to the merits or validity of such action, in accordance with rules of practice which shall be adopted for the proceeding. However, such denial, suspension or revocation may become effective pending final determination in the proceeding, if the permittee has been convicted or a criminal violation of the Act, or of any regulation, permit, or certificate issued under the Act. Such denial, suspension or revocation shall be effective upon oral or written notification, whichever is earlier, to the permittee. In the event of oral notification of the denial, suspension or revocation, written confirmation shall be given to the permittee as promptly as circumstances allow. This denial, suspension or revocation shall continue in effect pending the completion of the proceeding and any judicial review thereof, unless otherwise ordered by the Deputy Administrator. (2) An application for a protected plant permit may be denied and any protected plant permit which has been issued may be suspended or revoked if: (i) Any requirement of this subpart is not complied with, or (ii) The applicant, permittee, or a person responsibly connected with the business of the applicant or permittee has been criminally convicted or had a civil penalty imposed for a violation of the Act or of any regulation, permit, or certificate issued under the Act, or (iii) The applicant, permittee, or a person responsibly connected with the business of the applicant or permittee has been convicted of any crime involving fraud, bribery, extortion, or any other crime involving a lack of integrity needed for the conduct of operations concerning the importation, exportation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23. (3) For the purposes of this section, a person shall be deemed to be responsibly connected with the business of the applicant or permittee if the person is a partner, officer, director, holder, or owner of 10 percent or more or its voting stock, or an employee in a managerial or executive capacity." 7:7:5.1.1.1.15.3.47.1,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,C,Subpart C—Inspections and Related Provisions,,"§ 355.20 Marketing and notification requirements for plants imported, exported, or reexported by means other than mail.",APHIS,,,"[49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005]","4 Certain terrestrial plants listed in Appendices I, II, or III of the Convention or determined by the U.S. Department of the Interior to be endangered or threatened or similar in appearance to endangered or threatened species are required to be accompanied by documentation at the time of importation, exportation, or reexportation (see 50 CFR chapter I). Plants are allowed to be imported, exported or reexported only at ports authorized for such purposes by the U.S. Department of the Interior, or, under certain circumstances as determined by the U.S. Department of the Interior, at nondesignated ports, pursuant to section 9(f) of the Act (16 U.S.C. 1538(f)). (see 50 CFR part 24 for a list of designated ports.) (a) Any terrestrial plant which is to be imported, exported, or reexported by means other than mail and which may be imported, exported, or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall at the time of importation, exportation, or reexportation plainly and correctly bear on the outer container or on a tag, invoice, packing list, or other document accompanying the plant, the following information: (1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid), (2) Country and locality where collected from the wild or where produced from cultivated stock, (3) Name and address (in the United States if exported or reexported) of shipper, owner or person shipping or forwarding the plants, (4) Name and address (in the United States if imported) of consignee, (5) Identifying shipper's mark and number, and (6) Serial number and type (e.g., permit, certificate) of document issued for the importation, exportation, or reexportation of the plant. (b) Promptly upon arrival at a port of import (listed in 50 CFR part 24, or, if allowed by the U.S. Department of the Interior, at a nondesignated port) of any terrestrial plant which is imported by means other than mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by documentation, the importer shall notify Plant Protection and Quarantine of the arrival and of the genus and species of the plant by such means as a manifest, Customs entry document, commercial invoice, waybill, broker's document, or notice form provided for that purpose. (c) Prior to the exportation or reexportation of any terrestrial plant which is to be exported or reexported by other than mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, the exporter or reexporter shall notify Plant Protection and Quarantine of the intended exportation or reexportation and of the genus and species of the plant by such means as a manifest, commercial invoice, waybill, broker's document, or notice form provided for that purpose." 7:7:5.1.1.1.15.3.47.2,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,C,Subpart C—Inspections and Related Provisions,,"§ 355.21 Marking and mailing requirements for plants imported, exported, or reexported by mail.",APHIS,,,,"(a) Any terrestrial plant which is to be imported by mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall be mailed to Plant Protection and Quarantine (at a port authorized for such purpose by the U.S. Department of the Interior in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538 (f))); and shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the name, address, and telephone number of the intended recipient in the United States; and shall plainly and correctly bear on the outer container the following information: (1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid), (2) Country and locality where collected from the wild or where produced from cultivated stock, (3) Name and address of shipper, owner, or person shipping or forwarding the plants, and (4) Serial number and type (e.g. permit, certificate) of document issued for the importation of the plant. (b) Any terrestrial plant which is to be exported or reexported by mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall be mailed to Plant Protection and Quarantine (at a port authorized for such purpose by the U.S. Department of the Interior in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538(f))); shall be wrapped in double wrapping, with an unsealed inner wrapping addressed to the foreign recipient and bearing sufficient postage for mailing to the foreign destination; shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the following information: (1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid), (2) Country and locality where collected from the wild or where produced from cultivated stock, (3) Name and address in the United States of shipper, owner, or person shipping or forwarding the plants, and (4) Serial number and type (e.g. permit, certificate) of document issued for the exportation or reexportation of the plant." 7:7:5.1.1.1.15.3.47.3,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,C,Subpart C—Inspections and Related Provisions,,§ 355.22 Validation of documentation.,APHIS,,,"[49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994; 70 FR 57995, Oct. 5, 2005]","(a) Documentation for any mailed or nonmailed terrestrial plant which is required to have documentation under 50 CFR part 17 or part 23 at the time of importation, must be validated by an inspector prior to movement of such plant from the Customs inspection area at the port of entry. The original documentation must be surrendered to the inspector at the time of validation. (b) Documentation for any mailed or nonmailed terrestrial plant which is listed in 50 CFR 17.12 or 23.23 and which is required to have documentation under 50 CFR part 17 or part 23 at the time of exportation or reexportation, must be validated at the port of export or reexport by an inspector prior to the exportation or reexportation of such plant. 5 The original and one copy of the documentation must be submitted for validation, and the copy must be surrendered to the inspector at the time of validation. 5 It is the policy of the Department of Agriculture to allow, if inspectors are available, terrestrial plants listed in 50 CFR 17.12 or 23.23 which are intended for export to be inspected at the premises where such plants are grown. However, the documentation required for the export of such plants by 50 CFR part 17 or part 23 shall only be validated at the port of export and only when such plants are presented at the port for export together with the documents required by 50 CFR part 17 or part 23 and a certified statement by the inspector who inspected the plants that the plants are apparently eligible for exportation in accordance with the provisions of this part and provisions of 50 CFR chapter I relating to the Act and Convention. Plants which have been previously inspected must be exported through a designated port (unless allowed by the United States Department of the Interior to be exported through a nondesignated port) in order to comply with section 9(f) of the Act [16 U.S.C. 1538(f)]. Plants which are inspected at the premises of origin must be available at the port of export for monitoring inspections and for other inspections deemed need for enforcement purposes, but, unless so inspected, will not need to be unpacked, inspected and repacked at the port. Information concerning the availability of inspectors to conduct inspections at the premise of origin may be obtained by calling local offices of Plant Protection and Quarantine, which are listed in telephone directories, or by writing the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Operational Support—Director's Office, 4700 River Road, Unit 131, Riverdale, Maryland 20737-1236. (c) Documentation for a plant shall be validated under this section upon endorsement of the documentation by an inspector when he or she determines that the plant was apparently eligible for importation, exportation, or reexportation in accordance with the provisions of this part and the provisions of 50 CFR chapter I relating to the Act and Convention. (d) To obtain validation of documentation, the importer, exporter, or reexporter, or agent thereof, shall make available to an inspector: (1) All shipping documents (including bills of lading, waybills, packing lists, and invoices): (2) All documents required by the Act and Convention; and (3) The plant being imported, exported, or reexported." 7:7:5.1.1.1.15.3.47.4,7,Agriculture,III,,355,PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS,C,Subpart C—Inspections and Related Provisions,,"§ 355.23 Recordkeeping, access, and reports.",APHIS,,,,"(a) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 shall keep such records as will fully and correctly disclose each importation, exportation, or reexportation of terrestrial plants made by such person and the subsequent disposition made by such person of the plants. Such records shall include shipping documents for each shipment of plants imported, exported, or reexported; a description of the form of the plants (such as whole live plants, cuttings, seeds, or other specific parts or derivatives of plants); the scientific and common names of the plants; the country or place of origin of the plants; the date and place of importation, exportation, or reexportation of the plants; the number (weight if the plants cannot be quantified by number) and specific location of plants; the date and means of subsequent disposition of the plants, whether by sale, barter, consignment, loan, delivery, destruction, or other means; and names and addresses of persons to whom the plants were disposed, if applicable. (b) Every record required to be kept under this section shall be kept for a period of 5 years after the occurrence of the transactions to which the records relate, and for such further time as the Deputy Administrator may require by written notice to the person required to keep such records under this part for purposes of any investigation, litigation, or other proceeding under the Act or this part. (c) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 shall, upon presentation of credentials by an inspector or duly authorized representatives of the Secretary; during ordinary business hours of the person given notice, afford such inspector access to the person's place of business, the opportunity to examine the person's inventory of plants and the records required to be kept under paragraph (a) of this section, and the opportunity to copy such records. The use of a room, table, or other facilities (other than reproduction equipment) necessary for examination and copying of records and for such examination of inventory shall be afforded such inspector. (d) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23, upon written request by the Deputy Administrator, shall submit within 60 days of such request, a report concerning any of the information required to be maintained under paragraphs (a) and (b) of this section." 7:7:5.1.1.1.16.0.47.1,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,§ 356.1 Property subject to forfeiture procedures.,APHIS,,,"[49 FR 46336, Nov. 26, 1984]","This part sets forth procedures relating to the forfeiture of any plant, equipment, means of conveyance or other property 1 seized under the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq. ) or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq. ), 2 in possession (actual or constructive) of the United States Department of Agriculture, and subject to forfeiture under these Acts because of activities pertaining to the importation, exportation, or reexportation of terrestrial plants. 1 Under section 11(e)(4) of the Endangered Species Act (“Act”; 16 U.S.C. 1540(e)(4)) any such equipment and means of conveyance would be subject to forfeiture upon conviction of a criminal violation pursuant to section 11(b)(1) of the Act (16 U.S.C. 1540(b)(1)); however, such a plant may be subject to forfeiture regardless of whether a criminal conviction is obtained. 2 Under section 5(a)(2) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(2)) USDA has authority to initiate forfeiture proceedings against all vessels, vehicles, aircraft, and other equipment used to aid in the importation or exportation of plants in a criminal violation of the Lacey Act Amendments of 1981 for which a felony conviction has been obtained if (a) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting part or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would be used in a criminal violation of the Lacey Act Amendments of 1981, and (b) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase plants. However, under section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3474(a)(1) plants seized for violations of the Amendments are subject to forfeiture regardless of whether a civil penalty assessment or criminal conviction is obtained." 7:7:5.1.1.1.16.0.47.2,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,§ 356.2 Appraisement.,APHIS,,,,"Promptly following the seizure or other receipt of property specified in § 356.1, the Deputy Administrator shall determine the retail value of such property in the same quantity or quantities as seized. If the property may lawfully be sold in the United States, the value thereof shall be determined by ascertaining the price at which the property or similar property in the ordinary course of trade is freely offered for sale at the time of appraisement, and at a principal market as close as possible to the place of appraisement. If the property may not lawfully be sold in the United States, the value thereof shall be determined by other reasonable means." 7:7:5.1.1.1.16.0.47.3,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,"§ 356.3 Property valued at greater than $10,000; notice of seizure and civil action to obtain forfeiture.",APHIS,,,,"Promptly following the seizures or other receipt of any property specified in § 356.1 and determined under § 356.2 to have a value greater than $10,000, the Deputy Administrator shall mail a notice of seizure by registered or certified mail to the current or last known or reasonable ascertainable address, return receipt requested, to persons known or reasonably ascertained to be the owner or agent of the seized property and to any other person having an interest in the property. Such notice shall describe the seized property, shall state the time, date, place, and reason for the seizure, that there is a right to petition for remission or mitigation of forfeiture pursuant to § 356.7, and shall state that action shall be taken in accordance with this part. Promptly following the seizure of such property, the Secretary shall also submit a report concerning such property to the U.S. Attorney for the district in which the seizure was made for institution of forfeiture proceedings in the U.S. District Court. The report shall provide a statement of all the relevant facts and circumstances of the case, including the names of the witnesses, and a citation to the laws believed to have been violated and on which reliance may be had for forfeiture." 7:7:5.1.1.1.16.0.47.4,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,"§ 356.4 Property valued at $10,000 or less; notice of seizure administrative action to obtain forfeiture.",APHIS,,,,"(a) When authorized. The Secretary shall take measures to obtain forfeiture in accordance with this section of any property specified in § 356.1 and determined under § 356.2 to have a value of $10,000 or less. (b) Waiver of forfeiture procedures by owner of seized property. A person claiming to be an owner or to have an interest in any property specified in § 356.1 with a value of $10,000 or less may waive any rights to any procedures relating to forfeiture under this subpart by signing a statement providing for waiver of such rights. (1) The Deputy Administrator shall publish a copy of the notice of seizure and proposed forfeiture as provided in paragraph (c)(1) of this section, by posting for 21 days in a conspicuous place accessible to the public at the Plant Protection and Quarantine Enforcement office nearest the place of seizure. The time and date of posting shall be indicated on the notice. (2) Upon the execution of such statement and following publication of the notice for 21 days as provided in paragraph (c)(1) of this section, any interest in such property by such owner shall become forfeited under the Act without further action under this subpart, and the Deputy Administrator shall not be required to send such owner any notices or declarations otherwise required by this subpart. (c) Procedure absent waiver of forfeiture procedures by owner. (1) Notice of seizure and proposed forfeiture. Promptly following seizure of property, the Deputy Administrator shall issue a notice of seizure and proposed forfeiture. The notice shall be in substantially the same form as a complaint for forfeiture filed in the U.S. District Court. The notice shall describe the seized property, including any identification numbers, such as the license, registration, motor, and serial numbers for a motor vehicle. The notice shall state the time, date, and place of seizure; the reason for seizure; and shall specify the value of the property as determined under § 356.2. The notice shall contain specific reference to the provisions of the Act, permit, certificate, or regulations allegedly violated and under which the property is subject to forfeiture. The notice shall state that any person desiring to claim the property must file a claim and a bond in accordance with paragraph (c)(2) of this section, and shall state that if a proper claim and bond are not received by the specified office within the time prescribed by such paragraph, the property will be declared forfeited to the United States and disposed of according to law. The notice shall also advise interested persons of their right to file a petition for remission or mitigation of forfeiture in accordance with § 356.7. (i) Promptly following the seizure, The Deputy Administrator shall mail a copy of the notice by registered or certified mail, return receipt requested, to persons known or reasonably ascertained to be the owner or agent of the seized property, and to any other person having an interest in the property, if such owner or agent or other person and their address is known or reasonably ascertainable. (ii) Publication. Promptly following the seizure, the Deputy Administrator shall publish a copy of the notice by posting for 21 days in a conspicuous place accessible to the public at the Plant Protection and Quarantine enforcement office nearest the place of seizure. The time and date of posting shall be indicated on the notice. (2) Filing a claim and bond. Upon issuance of the notice of proposed forfeiture, any person claiming ownership of or other interest in the seized property may file with the office specified in the notice a claim to the property and a bond in the amount of $250, with sureties to be approved by the Deputy Administrator, conditioned that in case of condemnation of the articles so claimed, the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation. Any claim and bond must be received in such office within 20 days after posting of the notice of proposed forfeiture, and shall state claimant's interest in the property. The Deputy Administrator may extend the 20 day period with an appropriate statement on the posted notice of proposed forfeiture, if necessary, to allow a person deemed to have an interest in the property at least 10 days to file such a claim and bond after receipt of a notice of proposed forfeiture. The bond shall be on a U.S. Customs Form 4615 or on a similar form provided by Plant Protection and Quarantine. There shall be endorsed on the bond a list or schedule in substantially the following form which shall be signed by the claimant in the presence of the witnesses to the bond, and attested by the witnesses: List or schedule containing a description of seized articles, claim for which is covered by the bond: The foregoing list is correct. Claimant Attest: List or schedule containing a description of seized articles, claim for which is covered by the bond: The foregoing list is correct. Claimant The claim and bond referred to in the paragraph shall not entitle the claimant or any other person to possession of the property. (3) Transmittal to U.S. Attorney. As soon as practicable after timely receipt by the specified office of a proper claim and bond in accordance with paragraph (c)(2) of this section, the Secretary shall transmit such claim, bond (with a duplicate list and description of the articles seized), and a report as described in § 356.3 to the U.S. Attorney for the district in which seizure was made for forfeiture proceedings in the U.S. District Court. (d) Summary forfeiture. If a proper claim and bond are not received by the specified office within the time periods as specified in paragraph (c)(2) of this section, the property shall be forfeited and the Deputy Administrator shall prepare a declaration of forfeiture. The declaration of forfeiture shall be in writing, and the Deputy Administrator shall send such declaration by registered or certified mail, return receipt requested, to each person whose whereabouts and prior interests in the seized property are known or reasonably ascertainable. The declaration shall be in substantially the same form as a default judgment of forfeiture entered in U.S. District Court. The declaration shall describe the property and state the time, date, place, and reason for its seizure. The declaration shall identify the notice of proposed forfeiture, describing the dates and manner of publication of the notice and any efforts made to serve the notice personally or by mail. The declaration shall state that in response to the notice a proper claim and bond were not timely received by the proper office from any claimant, and that, therefore, all potential claimants are deemed to admit the truth of the allegations of the notice. The declaration shall conclude with an order of condemnation and forfeiture of the property to the United States for disposition according to law." 7:7:5.1.1.1.16.0.47.5,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,§ 356.5 Bonded release.,APHIS,,,,"(a) The Deputy Administrator may accept a bond or other security, in the amount of the value of the property as determined under § 356.3, in place of any property specified in § 356.1 and release the property to the owner or agent of the property, if such action would not frustrate the purposes of the Act and Convention. As an example, this section does not allow the release of terrestrial plants that are without documentation required under 50 CFR chapter I. (b) Any request for the return of property based on the acceptance of a bond or other security shall be submitted in writing to the Deputy Administrator. The request shall include evidence to establish that the person making the request is the sole owner of the property referred to in the request or is the agent of the sole owner of such property. A response in writing, granting or denying the request, and the reasons therefor, shall be sent to the person making the request." 7:7:5.1.1.1.16.0.47.6,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,§ 356.6 Storage of property.,APHIS,,,,"Following the seizure or other receipt of any property specified in § 356.1 and valued at $10,000 or less, the property shall remain in the custody of the Deputy Administrator pending disposition. Pending such disposition, the property shall be stored in such place, as, in the opinion of the Deputy Administrator, is most convenient and appropriate with due regard to the expense involved, whether or not the place of storage is within the judicial district in which the property was seized." 7:7:5.1.1.1.16.0.47.7,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,§ 356.7 Petition for remission or mitigation of forfeiture.,APHIS,,,,"(a) Any person who has an interest in any property specified in § 356.1 and valued at $10,000 or less, or any person who has incurred or is alleged to have incurred a forfeiture of any such property, may file with the Deputy Administrator a petition for remission or mitigation of forfeiture while the property is in the custody of the Deputy Administrator. (b) A petition filed with the Deputy Administrator need not be in any particular form, but must contain the following: (1) A description of the property: (2) The time, date, and place of seizure; (3) Evidence of the petitioner's interest in the property such as contracts, bills of sale, invoices, security interests, certificates of title; and (4) A statement of all facts and circumstances relied upon by the petitioners to justify remission or mitigation of the forfeiture. (c) The petition shall be signed by the petitioner or the petitioner's attorney at law. If the petitioner is a business, the petition must be signed by a partner, officer, or petitioner's attorney at law. (d) Upon receiving the petition, the Deputy Administrator shall decide whether or not to grant relief. In making a decision, the Deputy Administrator shall consider the information submitted by the petitioner, as well as any other available information relating to the matter, and may require that testimony be taken concerning the petition. (e) If the Deputy Administrator finds that the forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law or finds the existence of such mitigating circumstances as to justify remission or mitigation of the forfeiture or alleged forfeiture, the Deputy Administrator may remit or mitigate the same upon terms and conditions as he deems reasonable and just. However, remission or mitigation will not be made if such action would frustrate the purposes of the Act or Convention. As an example, this section does not allow remission or mitigation with respect to terrestrial plants that are without documentation required under 50 CFR chapter I. (f) The Deputy Administrator shall notify the petitioner in writing concerning whether the petition was granted or denied, and shall state the reasons therefor. If the petition is denied fully or in part, the petitioner may then file a supplemental petition, but no supplemental petition shall be considered unless it is received within 60 days from the date of the Deputy Administrator's notification concerning the original petition. The Deputy Administrator shall notify the petitioner in writing concerning the action taken in response to the supplemental petition, and shall state the reasons therefor." 7:7:5.1.1.1.16.0.47.8,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,§ 356.8 Return procedure.,APHIS,,,,"If, at the conclusion of proceedings, seized property is to be returned to the person determined to be the owner or agent thereof, the Deputy Administrator shall issue a letter or other document to the person determined to be owner or agent thereof authorizing its return. This letter shall be delivered personally or sent by registered or certified mail, return receipt requested, and shall identify the person determined to be the owner or agent, the seized property, and if appropriate, the bailee of the seized property. It shall also provide that upon presentation of the letter or other document and proper identification, and the signing of a receipt provided by Plant Protection and Quarantine, the seized property is authorized to be released." 7:7:5.1.1.1.16.0.47.9,7,Agriculture,III,,356,PART 356—FORFEITURE PROCEDURES,,,,§ 356.9 Filing of documents.,APHIS,,,,"(a) Any document required by this subpart to be filed or served within a certain period of time, will be considered filed or served as of the time of receipt by the party with or upon whom filing or service is required. (b) Saturdays, Sundays, and federal holidays shall be included in computing the time allowed for the filing or serving of any document or paper; except that when such time expires on a Saturday, Sunday or federal holiday, such period shall be extended to include the next following business day." 7:7:5.1.1.1.17.0.47.1,7,Agriculture,III,,357,PART 357—CONTROL OF ILLEGALLY TAKEN PLANTS,,,,§ 357.1 Purpose and scope.,APHIS,,,"[85 FR 12212, Mar. 2, 2020]","The Lacey Act, as amended (16 U.S.C. 3371 et seq. ), makes it unlawful to, among other things, import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken, possessed, transported or sold in violation of any Federal or Tribal law, or in violation of a State or foreign law that protects plants or that regulates certain specified plant-related activities. The Lacey Act also makes it unlawful to make or submit any false record, account, or label for, or any false identification of, any plant covered by the Act. Common cultivars (except trees) and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms “common cultivar” and “common food crop” but instead authorizes the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. The regulations in this part provide the required definitions. Additionally, the regulations in this part address the declaration requirement of the Act." 7:7:5.1.1.1.17.0.47.2,7,Agriculture,III,,357,PART 357—CONTROL OF ILLEGALLY TAKEN PLANTS,,,,§ 357.2 Definitions.,APHIS,,,"[78 FR 40944, July 9, 2013, as amended at 85 FR 12212, Mar. 2, 2020]","Artificial selection. The process of selecting plants for particular traits, through such means as breeding, cloning, or genetic modification. Commercial scale. Production, in individual products or markets, that is typical of commercial activity, regardless of the production methods or amount of production of a particular facility or the purpose of an individual shipment. Common cultivar. A plant (except a tree) that: (1) Has been developed through artificial selection for specific morphological or physiological characteristics; and (2) Is a species or hybrid, or a selection thereof, that is produced on a commercial scale; and (3) Is not listed: (i) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (ii) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); or (iii) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction. Common food crop. A plant that: (1) Is raised, grown, or cultivated for human or animal consumption; and (2) Is a species or hybrid, or a selection thereof, that is produced on a commercial scale; and (3) Is not listed: (i) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (ii) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); or (iii) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction. Import. To land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. Person. Any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. Plant. Any wild member of the plant kingdom, including roots, seeds, parts or products thereof, and including trees from either natural or planted forest stands. The term plant excludes: (1) Common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof); (2) A scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and (3) Any plant that is to remain planted or to be planted or replanted. (4) A plant is not eligible for these exclusions if it is listed: (i) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (ii) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); or (iii) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction. Taken. Captured, killed, or collected, and with respect to a plant, also harvested, cut, logged, or removed. Tree. A woody perennial plant that has a well-defined stem or stems and a continuous cambium, and that exhibits true secondary growth." 7:7:5.1.1.1.17.0.47.3,7,Agriculture,III,,357,PART 357—CONTROL OF ILLEGALLY TAKEN PLANTS,,,,§ 357.3 Declaration requirement.,APHIS,,,"[85 FR 12212, Mar. 2, 2020]","(a) Any person importing any plant shall file upon importation a declaration that contains: (1) The scientific name of any plant (including the genus and species of the plant) contained in the importation; (2) A description of the value of the importation and the quantity, including the unit of measure, of the plant; and (3) The name of the country from which the plant was taken. (b) The declaration relating to a plant product shall also contain: (1) If the species of plant used to produce the plant product that is the subject of the importation varies, and the species used to produce the plant product is unknown, the name of each species of plant that may have been used to produce the plant product; (2) If the species of plant used to produce the plant product that is the subject of the importation is commonly taken from more than one country, and the country from which the plant was taken and used to produce the plant product is unknown, the name of each country from which the plant may have been taken; and (3) If a paper or paperboard plant product includes recycled plant product, the average percent recycled content without regard for the species or country of origin of the recycled plant product, in addition to the information for the non-recycled plant content otherwise required by this section. (c) Guidance on completion and submission of the declaration form can be found on the APHIS website at http://www.aphis.usda.gov/plant_health/lacey_act ." 7:7:5.1.1.1.17.0.47.4,7,Agriculture,III,,357,PART 357—CONTROL OF ILLEGALLY TAKEN PLANTS,,,,§ 357.4 Exceptions from the declaration requirement.,APHIS,,,"[85 FR 12212, Mar. 2, 2020]","Plants and products containing plant materials are excepted from the declaration requirement if: (a) The plant is used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported; or (b) The plant material in a product represents no more than 5 percent of the total weight of the individual product unit, provided that the total weight of the plant material in an entry of products in the same 10-digit provision of the Harmonized Tariff Schedule of the United States does not exceed 2.9 kilograms. (c) A product will not be eligible for an exception under paragraph (b) of this section if it contains plant material listed: (1) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (2) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq. ); or (3) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction." 7:7:5.1.1.1.18.0.47.1,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.100 Definitions.,APHIS,,,"[41 FR 49988, Nov. 12, 1976, as amended at 75 FR 68953, Nov. 102, 2010]","As used in this part, words in the singular form shall be deemed to import the plural and vice versa, as the case may require. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. APHIS. The Animal and Plant Health Inspection Service, United States Department of Agriculture. Department. The U.S. Department of Agriculture. Interstate. From one State into or through any other State; or within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Move. To carry, enter, import, mail, ship, or transport; to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive to carry, enter, import, mail, ship, or transport; to release into the environment; or to allow any of the activities described in this definition. Noxious weed. Any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment. Permit. A written authorization, including by electronic methods, by the Administrator to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Administrator. Person. Any individual, partnership, corporation, association, joint venture, or other legal entity. Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service of the Department. Responsible person. The person who has control over and will maintain control over the movement of the noxious weed and assure that all conditions contained in the permit and requirements in this part are complied with. A responsible person must be at least 18 years of age and must be a legal resident of the United States or designate an agent who is at least 18 years of age and a legal resident of the United States. State. Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Taxon (taxa). Any grouping within botanical nomenclature, such as family, genus, species, or cultivar. Through the United States. From and to places outside the United States. United States. All of the States." 7:7:5.1.1.1.18.0.47.10,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.500 Petitions to add a taxon to the noxious weed list.,APHIS,,,"[75 FR 68955, Nov. 10, 2010]","A person may petition the Administrator to have a taxon added to the noxious weeds lists in § 360.200. Details of the petitioning process for adding a taxon to the lists are available on the Internet at http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/listingguide.pdf. Persons who submit a petition to add a taxon to the noxious weed lists must provide their name, address, telephone number, and (if available) e-mail address. Persons who submit a petition to add a taxon to the noxious weed lists are encouraged to provide the following information, which can help speed up the review process and help APHIS determine whether the specified plant taxon should be listed as a noxious weed: (a) Identification of the taxon. (1) The taxon's scientific name and author; (2) Common synonyms; (3) Botanical classification; (4) Common names; (5) Summary of life history; (6) Native and world distribution; (7) Distribution in the United States, if any (specific States, localities, or Global Positioning System coordinates); (8) Description of control efforts, if established in the United States; and (9) Whether the taxon is regulated at the State or local level. (b) Potential consequences of the taxon's introduction or spread. (1) The taxon's habitat suitability in the United States (predicted ecological range); (2) Dispersal potential (biological characteristics associated with invasiveness); (3) Potential economic impacts ( e.g., potential to reduce crop yields, lower commodity values, or cause loss of markets for U.S. goods); and (4) Potential environmental impacts (e.g., impacts on ecosystem processes, natural community composition or structure, human health, recreation patterns, property values, or use of chemicals to control the taxon). (c) Likelihood of the taxon's introduction or spread. (1) Potential pathways for the taxon's movement into and within the United States; and (2) The likelihood of survival and spread of the taxon within each pathway. (d) List of references." 7:7:5.1.1.1.18.0.47.11,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.501 Petitions to remove a taxon from the noxious weed lists.,APHIS,,,"[75 FR 68955, Nov. 10, 2010]","A person may petition the Administrator to remove a taxon from the noxious weeds lists in § 360.200. Details of the petitioning process for removing a taxon from the lists are available at http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/delistingguide.pdf. Persons who submit a petition to remove a taxon from the noxious weed lists would be required to provide their name, address, telephone number, and (if available) e-mail address. Persons who submit a petition to remove a taxon from the noxious weed lists are encouraged to provide the following information, which can help speed up the review process and help APHIS determine whether the specified plant taxon should not be listed as a noxious weed: (a) Evidence that the species is distributed throughout its potential range or has spread too far to implement effective control. (b) Evidence that control efforts have been unsuccessful and further efforts are unlikely to succeed. (c) For cultivars of a listed noxious weed, scientific evidence that the cultivar has a combination of risk elements that result in a low pest risk. For example, the cultivar may have a narrow habitat suitability, low dispersal potential, evidence of sterility, inability to cross-pollinate with introduced wild types, or few if any potential negative impacts on the economy or environment of the United States. (d) List of references." 7:7:5.1.1.1.18.0.47.12,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.600 Preemption of State and local laws.,APHIS,,,"[74 FR 53400, Oct. 19, 2009. Redesignated at 75 FR 68955, Nov. 10, 2010]","(a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate it, or prevent its dissemination. A State or political subdivision of a State also may not impose prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has issued a regulation or order to prevent the dissemination of the noxious weed within the United States. The only exceptions to this are: (1) If the prohibitions or restrictions issued by the State or political subdivision of a State are consistent with and do not exceed the regulations or orders issued by the Secretary; or (2) If the State or political subdivision of a State demonstrates to the Secretary and the Secretary finds that there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment. (b) Therefore, in accordance with section 436 of the Plant Protection Act, the regulations in this part preempt all State and local laws and regulations that are inconsistent with or exceed the regulations in this part unless a special need request has been granted in accordance with the regulations in §§ 301.1 through 301.13 of this chapter." 7:7:5.1.1.1.18.0.47.2,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.200 Designation of noxious weeds.,APHIS,,,"[48 FR 20039, May 4, 1983, as amended at 49 FR 25223, June 20, 1984; 57 FR 8838, Mar. 13, 1992; 60 FR 35832, July 12, 1995; 64 FR 12883, Mar. 16, 1999; 65 FR 33743, May 25, 2000; 66 FR 21060, Apr. 27, 2001; 71 FR 35381, June 20, 2006; 74 FR 53400, Oct. 19, 2009; 75 FR 68953, Nov. 10, 2010]","The Administrator has determined that it is necessary to designate the following plants 1 as noxious weeds to prevent their introduction into the United States or their dissemination within the United States: 1 One or more of the common names of weeds are given in parentheses after most scientific names to help identify the weeds represented by such scientific names; however, a scientific name is intended to include all subordinate taxa within the taxon. For example, taxa listed at the genus level include all species, subspecies, varieties, and forms within the genus; taxa listed at the species level include all subspecies, varieties, and forms within the species. (a) Aquatic and wetland weeds: Azolla pinnata R. Brown (mosquito fern, water velvet) Caulerpa taxifolia (Vahl) C. Agardh, Mediterranean strain (killer algae) Eichhornia azurea (Swartz) Kunth Hydrilla verticillata (Linnaeus f.) Royle (hydrilla) Hygrophila polysperma T. Anderson (Miramar weed) Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory) Lagarosiphon major (Ridley) Moss Limnophila sessiliflora (Vahl) Blume (ambulia) Melaleuca quinquenervia (Cavanilles) S.T. Blake Monochoria hastata (Linnaeus) Solms-Laubach Monochoria vaginalis (Burman f.) C. Presl Ottelia alismoides (L.) Pers. Sagittaria sagittifolia Linnaeus (arrowhead) Salvinia auriculata Aublet (giant salvinia) Salvinia biloba Raddi (giant salvinia) Salvinia herzogii de la Sota (giant salvinia) Salvinia molesta D.S. Mitchell (giant salvinia) Solanum tampicense Dunal (wetland nightshade) Sparganium erectum Linnaeus (exotic bur-reed) Azolla pinnata R. Brown (mosquito fern, water velvet) Caulerpa taxifolia (Vahl) C. Agardh, Mediterranean strain (killer algae) Eichhornia azurea (Swartz) Kunth Hydrilla verticillata (Linnaeus f.) Royle (hydrilla) Hygrophila polysperma T. Anderson (Miramar weed) Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory) Lagarosiphon major (Ridley) Moss Limnophila sessiliflora (Vahl) Blume (ambulia) Melaleuca quinquenervia (Cavanilles) S.T. Blake Monochoria hastata (Linnaeus) Solms-Laubach Monochoria vaginalis (Burman f.) C. Presl Ottelia alismoides (L.) Pers. Sagittaria sagittifolia Linnaeus (arrowhead) Salvinia auriculata Aublet (giant salvinia) Salvinia biloba Raddi (giant salvinia) Salvinia herzogii de la Sota (giant salvinia) Salvinia molesta D.S. Mitchell (giant salvinia) Solanum tampicense Dunal (wetland nightshade) Sparganium erectum Linnaeus (exotic bur-reed) (b) Parasitic weeds: Aeginetia spp. Alectra spp. Cuscuta spp. (dodders), other than following species: Cuscuta americana Linnaeus Cuscuta applanata Engelmann Cuscuta approximata Babington Cuscuta attenuata Waterfall Cuscuta boldinghii Urban Cuscuta brachycalyx (Yuncker) Yuncker Cuscuta californica Hooker & Arnott Cuscuta campestris Yuncker Cuscuta cassytoides Nees ex Engelmann Cuscuta ceanothi Behr Cuscuta cephalanthi Engelmann Cuscuta compacta Jussieu Cuscuta coryli Engelmann Cuscuta cuspidata Engelmann Cuscuta decipiens Yuncker Cuscuta dentatasquamata Yuncker Cuscuta denticulata Engelmann Cuscuta epilinum Weihe Cuscuta epithymum (Linnaeus) Linnaeus Cuscuta erosa Yuncker Cuscuta europaea Linnaeus Cuscuta exaltata Engelmann Cuscuta fasciculata Yuncker Cuscuta glabrior (Engelmann) Yuncker Cuscuta globulosa Bentham Cuscuta glomerata Choisy Cuscuta gronovii Willdenow Cuscuta harperi Small Cuscuta howelliana Rubtzoff Cuscuta indecora Choisy Cuscuta leptantha Engelmann Cuscuta mitriformis Engelmann Cuscuta obtusiflora Kunth Cuscuta odontolepis Engelmann Cuscuta pentagona Engelmann Cuscuta planiflora Tenore Cuscuta plattensis A. Nelson Cuscuta polygonorum Engelmann Cuscuta rostrata Shuttleworth ex Engelmann & Gray Cuscuta runyonii Yuncker Cuscuta salina Engelmann Cuscuta sandwichiana Choisy Cuscuta squamata Engelmann Cuscuta suaveolens Seringe Cuscuta suksdorfii Yuncker Cuscuta tuberculata Brandegee Cuscuta umbellata Kunth Cuscuta umbrosa Beyrich ex Hooker Cuscuta veatchii Brandegee Cuscuta warneri Yuncker Orobanche spp. (broomrapes), other than the following species: Orobanche bulbosa (Gray) G. Beck Orobanche californica Schlechtendal & Chamisso Orobanche cooperi (Gray) Heller Orobanche corymbosa (Rydberg) Ferris Orobanche dugesii (S. Watson) Munz Orobanche fasciculata Nuttall Orobanche ludoviciana Nuttall Orobanche multicaulis Brandegee Orobanche parishii (Jepson) Heckard Orobanche pinorum Geyer ex Hooker Orobanche uniflora Linnaeus Orobanche valida Jepson Orobanche vallicola (Jepson) Heckard Striga spp. (witchweeds) Aeginetia spp. Alectra spp. Cuscuta spp. (dodders), other than following species: Orobanche spp. (broomrapes), other than the following species: Striga spp. (witchweeds) (c) Terrestrial weeds: Acacia nilotica (Linnaeus) Wildenow ex Delile (gum arabic tree, thorny acacia Ageratina adenophora (Sprengel) King & Robinson (crofton weed) Ageratina riparia (Regel) R.M. King and H. Robinson (creeping croftonweed, mistflower) Alternanthera sessilis (Linnaeus) R. Brown ex de Candolle (sessile joyweed) Arctotheca calendula (Linnaeus) Levyns (capeweed) Asphodelus fistulosus Linnaeus (onionweed) Avena sterilis Linnaeus (including Avena ludoviciana Durieu) (animated oat, wild oat) Carthamus oxyacantha M. Bieberstein (wild safflower) Chrysopogon aciculatus (Retzius) Trinius (pilipiliula) Commelina benghalensis Linnaeus (Benghal dayflower) Crupina vulgaris Cassini (common crupina) Digitaria abyssinica (Hochstetter ex A. Richard) Stapf (African couchgrass, fingergrass) Digitaria velutina (Forsskal) Palisot de Beauvois (velvet fingergrass, annual couchgrass) Drymaria arenariodes Humboldt & Bonpland ex J.A. Schultes (lightning weed) Emex australis Steinheil (three-cornered jack) Emex spinosa (Linnaeus) Campdera (devil's thorn) Euphorbia terracina Linnaeus (false caper, Geraldton carnation weed) Galega officinalis Linnaeus (goatsrue) Heracleum mantegazzianum Sommier & Levier (giant hogweed) Imperata brasiliensis Trinius (Brazilian satintail) Imperata cylindrica (Linnaeus) Palisot de Beauvois (cogongrass) Inula britannica Linnaeus (British elecampane, British yellowhead) Ischaemum rugosum Salisbury (murainograss) Leptochloa chinensis (Linnaeus) Nees (Asian sprangletop) Lycium ferocissimum Miers (African boxthorn) Lygodium flexuosum (Linnaeus) Swartz (maidenhair creeper) Lygodium microphyllum (Cavanilles) R. Brown (Old World climbing fern) Melastoma malabathricum Linnaeus Mikania cordata (Burman f.) B. L. Robinson (mile-a-minute) Mikania micrantha Kunth Mimosa diplotricha C. Wright (giant sensitive-plant) Mimosa pigra Linneaus var. pigra (catclaw mimosa) Moraea collina Thunberg (apricot Cape-tulip) Moraea flaccida (Sweet) Steudel (one-leaf Cape-tulip) Moraea miniata Andrews (two-leaf Cape-tulip) Moraea ochroleuca (Salisbury) Drapiez (red Cape-tulip) Moraea pallida (Baker) Goldblatt (yellow Cape-tulip) Nassella trichotoma (Nees) Hackel ex Arechavaleta (serrated tussock) Onopordum acaulon Linnaeus (stemless thistle) Onopordum illyricum Linnaeus (Illyrian thistle) Opuntia aurantiaca Lindley (jointed prickly pear) Oryza longistaminata A. Chevalier & Roehrich (red rice) Oryza punctata Kotschy ex Steudel (red rice) Oryza rufipogon Griffith (red rice) Paspalum scrobiculatum Linnaeus (Kodo-millet) Pennisetum clandestinum Hochstetter ex Chiovenda (kikuyugrass) Pennisetum macrourum Trinius (African feathergrass) Pennisetum pedicellatum Trinius (kyasumagrass) Pennisetum polystachion (Linnaeus) Schultes (missiongrass, thin napiergrass) Prosopis alpataco R. A. Philippi Prosopis argentina Burkart Prosopis articulata S. Watson Prosopis burkartii Munoz Prosopis caldenia Burkart Prosopis calingastana Burkart Prosopis campestris Griseback Prosopis castellanosii Burkart Prosopis denudans Bentham Prosopis elata (Burkart) Burkart Prosopis farcta (Banks & Solander) J.F. Macbride Prosopis ferox Grisebach Prosopis fiebrigii Harms Prosopis hassleri Harms Prosopis humilis Gillies ex Hooker & Arnott Prosopis kuntzei Harms Prosopis pallida (Humboldt & Bonpland ex Willdenow) Kunth Prosopis palmeri S. Watson Prosopis reptans Bentham var. reptans Prosopis rojasiana Burkart Prosopis ruizlealii Burkart Prosopis ruscifolia Grisebach Prosopis sericantha Gillies ex Hooker & Arnott Prosopis strombulifera (Lamarck) Bentham Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle Rottboellia cochinchinensis (Lour.) W. Clayton Rubus fruticosus Linnaeus (complex) (wild blackberry) Rubus moluccanus Linnaeus (wild raspberry) Saccharum spontaneum Linnaeus (wild sugarcane) Salsola vermiculata Linnaeus (wormleaf salsola) Senecio inaequidens DC. (South African ragwort) Senecio madagascariensis Poir. (Madagascar ragwort) Setaria pumila (Poir.) Roem. & Schult. subsp. pallidefusca (Schumach.) B.K. Simon (cattail grass) Solanum torvum Swartz (turkeyberry) Solanum viarum Dunal (tropical soda apple) Spermacoce alata Aublet Tridax procumbens Linnaeus (coat buttons) Urochloa panicoides Beauvois (liverseed grass) Acacia nilotica (Linnaeus) Wildenow ex Delile (gum arabic tree, thorny acacia Ageratina adenophora (Sprengel) King & Robinson (crofton weed) Ageratina riparia (Regel) R.M. King and H. Robinson (creeping croftonweed, mistflower) Alternanthera sessilis (Linnaeus) R. Brown ex de Candolle (sessile joyweed) Arctotheca calendula (Linnaeus) Levyns (capeweed) Asphodelus fistulosus Linnaeus (onionweed) Avena sterilis Linnaeus (including Avena ludoviciana Durieu) (animated oat, wild oat) Carthamus oxyacantha M. Bieberstein (wild safflower) Chrysopogon aciculatus (Retzius) Trinius (pilipiliula) Commelina benghalensis Linnaeus (Benghal dayflower) Crupina vulgaris Cassini (common crupina) Digitaria abyssinica (Hochstetter ex A. Richard) Stapf (African couchgrass, fingergrass) Digitaria velutina (Forsskal) Palisot de Beauvois (velvet fingergrass, annual couchgrass) Drymaria arenariodes Humboldt & Bonpland ex J.A. Schultes (lightning weed) Emex australis Steinheil (three-cornered jack) Emex spinosa (Linnaeus) Campdera (devil's thorn) Euphorbia terracina Linnaeus (false caper, Geraldton carnation weed) Galega officinalis Linnaeus (goatsrue) Heracleum mantegazzianum Sommier & Levier (giant hogweed) Imperata brasiliensis Trinius (Brazilian satintail) Imperata cylindrica (Linnaeus) Palisot de Beauvois (cogongrass) Inula britannica Linnaeus (British elecampane, British yellowhead) Ischaemum rugosum Salisbury (murainograss) Leptochloa chinensis (Linnaeus) Nees (Asian sprangletop) Lycium ferocissimum Miers (African boxthorn) Lygodium flexuosum (Linnaeus) Swartz (maidenhair creeper) Lygodium microphyllum (Cavanilles) R. Brown (Old World climbing fern) Melastoma malabathricum Linnaeus Mikania cordata (Burman f.) B. L. Robinson (mile-a-minute) Mikania micrantha Kunth Mimosa diplotricha C. Wright (giant sensitive-plant) Mimosa pigra Linneaus var. pigra (catclaw mimosa) Moraea collina Thunberg (apricot Cape-tulip) Moraea flaccida (Sweet) Steudel (one-leaf Cape-tulip) Moraea miniata Andrews (two-leaf Cape-tulip) Moraea ochroleuca (Salisbury) Drapiez (red Cape-tulip) Moraea pallida (Baker) Goldblatt (yellow Cape-tulip) Nassella trichotoma (Nees) Hackel ex Arechavaleta (serrated tussock) Onopordum acaulon Linnaeus (stemless thistle) Onopordum illyricum Linnaeus (Illyrian thistle) Opuntia aurantiaca Lindley (jointed prickly pear) Oryza longistaminata A. Chevalier & Roehrich (red rice) Oryza punctata Kotschy ex Steudel (red rice) Oryza rufipogon Griffith (red rice) Paspalum scrobiculatum Linnaeus (Kodo-millet) Pennisetum clandestinum Hochstetter ex Chiovenda (kikuyugrass) Pennisetum macrourum Trinius (African feathergrass) Pennisetum pedicellatum Trinius (kyasumagrass) Pennisetum polystachion (Linnaeus) Schultes (missiongrass, thin napiergrass) Prosopis alpataco R. A. Philippi Prosopis argentina Burkart Prosopis articulata S. Watson Prosopis burkartii Munoz Prosopis caldenia Burkart Prosopis calingastana Burkart Prosopis campestris Griseback Prosopis castellanosii Burkart Prosopis denudans Bentham Prosopis elata (Burkart) Burkart Prosopis farcta (Banks & Solander) J.F. Macbride Prosopis ferox Grisebach Prosopis fiebrigii Harms Prosopis hassleri Harms Prosopis humilis Gillies ex Hooker & Arnott Prosopis kuntzei Harms Prosopis pallida (Humboldt & Bonpland ex Willdenow) Kunth Prosopis palmeri S. Watson Prosopis reptans Bentham var. reptans Prosopis rojasiana Burkart Prosopis ruizlealii Burkart Prosopis ruscifolia Grisebach Prosopis sericantha Gillies ex Hooker & Arnott Prosopis strombulifera (Lamarck) Bentham Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle Rottboellia cochinchinensis (Lour.) W. Clayton Rubus fruticosus Linnaeus (complex) (wild blackberry) Rubus moluccanus Linnaeus (wild raspberry) Saccharum spontaneum Linnaeus (wild sugarcane) Salsola vermiculata Linnaeus (wormleaf salsola) Senecio inaequidens DC. (South African ragwort) Senecio madagascariensis Poir. (Madagascar ragwort) Setaria pumila (Poir.) Roem. & Schult. subsp. pallidefusca (Schumach.) B.K. Simon (cattail grass) Solanum torvum Swartz (turkeyberry) Solanum viarum Dunal (tropical soda apple) Spermacoce alata Aublet Tridax procumbens Linnaeus (coat buttons) Urochloa panicoides Beauvois (liverseed grass)" 7:7:5.1.1.1.18.0.47.3,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.300 Notice of restrictions on movement of noxious weeds.,APHIS,,,"[75 FR 68954, Nov. 10, 2010]","No person may move a Federal noxious weed into or through the United States, or interstate, unless: (a) He or she applies for a permit to move a noxious weed in accordance with § 360.301; (b) The permit application is approved; and (c) The movement is consistent with the specific conditions contained in the permit." 7:7:5.1.1.1.18.0.47.4,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.301 Information required for applications for permits to move noxious weeds.,APHIS,,,"[75 FR 68954, Nov. 10, 2010]","(a) Permit to import a noxious weed into the United States. A responsible person must apply for a permit to import a noxious weed into the United States. 2 The application must include the following information: 2 Information on applying for a permit to import a noxious weed into the United States is available at http://www.aphis.usda.gov/plant_health/permits/plantproducts.shtml. (1) The responsible person's name, address, telephone number, and (if available) e-mail address; (2) The taxon of the noxious weed; (3) Plant parts to be moved; (4) Quantity of noxious weeds to be moved per shipment; (5) Proposed number of shipments per year; (6) Origin of the noxious weeds; (7) Destination of the noxious weeds; (8) Whether the noxious weed is established in the State of destination; (9) Proposed method of shipment; (10) Proposed port of first arrival in the United States; (11) Approximate date of arrival; (12) Intended use of the noxious weeds; (13) Measures to be employed to prevent danger of noxious weed dissemination; and (14) Proposed method of final disposition of the noxious weeds. (b) Permit to move noxious weeds interstate. A responsible person must apply for a permit to move a noxious weed interstate. 3 The application must include the following information: 3 Information on applying for a permit to move a noxious weed interstate is available at http://www.aphis.usda.gov/plant_health/permits/plantproducts.shtml. (1) The responsible person's name, address, telephone number, and (if available) e-mail address; (2) The taxon of the noxious weed; (3) Plant parts to be moved; (4) Quantity of noxious weeds to be moved per shipment; (5) Proposed number of shipments per year, (6) Origin of the noxious weeds; (7) Destination of the noxious weeds; (8) Whether the noxious weed is established in the State of destination; (9) Proposed method of shipment, (10) Approximate date of movement; (11) Intended use of the noxious weeds; (12) Measures to be employed to prevent danger of noxious weed dissemination; and (13) Proposed method of final disposition of the noxious weeds. (c) Permits to move noxious weeds through the United States. Permits to move noxious weeds through the United States must be obtained in accordance with part 352 of this chapter." 7:7:5.1.1.1.18.0.47.5,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.302 Consideration of applications for permits to move noxious weeds.,APHIS,,,"[75 FR 68954, Nov. 10, 2010]","Upon the receipt of an application made in accordance with § 360.301 for a permit for movement of a noxious weed into the United States or interstate, the Administrator will consider the application on its merits. (a) Consultation. The Administrator may consult with other Federal agencies or entities, States or political subdivisions of States, national governments, local governments in other nations, domestic or international organizations, domestic or international associations, and other persons for views on the danger of noxious weed dissemination into the United States, or interstate, in connection with the proposed movement. (b) Inspection of premises. The Administrator may inspect the site where noxious weeds are proposed to be handled in connection with or after their movement under permit to determine whether existing or proposed facilities will be adequate to prevent noxious weed dissemination if a permit is issued." 7:7:5.1.1.1.18.0.47.6,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.303 Approval of an application for a permit to move a noxious weed; conditions specified in permit.,APHIS,,,"[75 FR 68954, Nov. 10, 2010]","The Administrator will approve or deny an application for a permit to move a noxious weed. If the application is approved, the Administrator will issue the permit including any conditions that the Administrator has determined are necessary to prevent dissemination of noxious weeds into the United States or interstate. Such conditions may include requirements for inspection of the premises where the noxious weed is to be handled after its movement under the permit, to determine whether the facilities there are adequate to prevent noxious weed dissemination and whether the conditions of the permit are otherwise being observed. Before the permit is issued, the Administrator will require the responsible person to agree in writing to the conditions under which the noxious weed will be safeguarded." 7:7:5.1.1.1.18.0.47.7,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.304 Denial of an application for a permit to move a noxious weed; revocation of a permit to move a noxious weed.,APHIS,,,"[75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014]","(a) The Administrator may deny an application for a permit to move a noxious weed when the Administrator determines that: (1) No safeguards adequate or appropriate to prevent dissemination of the noxious weed can be implemented; or (2) The destructive potential of the noxious weed, should it escape despite proposed safeguards, outweighs the probable benefits to be derived from the proposed movement and use of the noxious weed; or (3) The responsible person, or the responsible person's agent, as a previous permittee, failed to maintain the safeguards or otherwise observe the conditions prescribed in a previous permit and failed to demonstrate the ability or intent to observe them in the future; or (4) The movement could impede an APHIS eradication, suppression, control, or regulatory program; or (5) A State plant regulatory official objects to the issuance of the permit on the grounds that granting the permit will pose a risk of dissemination of the noxious weed into the State; or (6) The application for the permit contains information that is found to be materially false, fraudulent, or deceptive; or (7) APHIS may deny a permit to a person who has previously failed to comply with any APHIS regulation. (b) The Administrator may revoke any outstanding permit when: (1) After the issuance of the permit, information is received that constitutes cause for the denial of an application for permit under paragraph (a) of this section; or (2) The responsible person has not maintained the safeguards or otherwise observed the conditions specified in the permit. (c) If a permit is orally revoked, APHIS will provide the reasons for the withdrawal of the permit in writing within 10 days. Any person whose permit has been revoked or any person who has been denied a permit may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the revocation or denial. The appeal must state all of the facts and reasons upon which the person relies to show that the permit was wrongfully revoked or denied. The Administrator will 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 such a hearing will be adopted by the Administrator." 7:7:5.1.1.1.18.0.47.8,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.305 Disposal of noxious weeds when permits are revoked.,APHIS,,,"[75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014]","When a permit for the movement of a noxious weed is revoked by the Administrator and not reinstated under § 360.304(c), further movement of the noxious weed covered by the permit into or through the United States, or interstate, is prohibited unless authorized by another permit. The responsible person must arrange for disposal of the noxious weed in question in a manner that the Administrator determines is adequate to prevent noxious weed dissemination. The Administrator may seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of, in such manner as the Administrator deems appropriate, any noxious weed that is moved without compliance with any conditions in the permit or after the permit has been revoked whenever the Administrator deems it necessary in order to prevent the dissemination of any noxious weed into or within the United States." 7:7:5.1.1.1.18.0.47.9,7,Agriculture,III,,360,PART 360—NOXIOUS WEED REGULATIONS,,,,§ 360.400 Treatments.,APHIS,,,"[75 FR 68955, Nov. 10, 2010, as amended at 83 FR 11867, Mar. 19, 2018]","(a) Seeds of Guizotia abyssinica (niger seed) are commonly contaminated with noxious weed seeds listed in § 360.200, including (but not limited to) Cuscuta spp. Therefore, Guizotia abyssinica seeds may be imported into the United States only if: (1) They are treated in accordance with part 305 of this chapter at the time of arrival at the port of first arrival in the United States; or (2) They are treated prior to shipment to the United States at a facility that is approved by APHIS 4 and that operates in compliance with a written agreement between the treatment facility owner and the plant protection service of the exporting country, in which the treatment facility owner agrees to comply with the provisions of § 319.37-9(c) of this chapter and allow inspectors and representatives of the plant protection service of the exporting country access to the treatment facility as necessary to monitor compliance with the regulations. Treatments must be certified in accordance with the conditions described in § 319.37-9(c) of this chapter. 4 Criteria for the approval of heat treatment facilities are contained in part 305 of this chapter. (b) [Reserved]" 7:7:5.1.1.1.19.0.47.1,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.1 Definitions.,APHIS,,,,"Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other individual to whom the Administrator delegates authority to act in his or her stead. Agricultural seed. The following kinds and varieties of grass, forage, and field crop seed that are used for seeding purposes in the United States: Agrotricum—x Agrotriticum Ciferri and Giacom. Alfalfa— Medicago sativa L. Alfilaria— Erodium cicutarium (L.) L'Her. Alyceclover— Alysicarpus vaginalis (L.) DC. Bahiagrass— Paspalum notatum Fluegge Barley— Hordeum vulgare L. Barrelclover— Medicago truncatula Gaertn. Bean, adzuki— Vigna angularis (Willd.) Ohwi and Ohashi Bean, field— Phaseolus vulgaris L. Bean, mung— Vigna radiata (L.) Wilczek Beet, field— Beta vulgaris L. subsp. vulgaris Beet, sugar— Beta vulgaris L. subsp. vulgaris Beggarweed, Florida— Desmodium tortuosum (Sw.) DC. Bentgrass, colonial— Agrostis capillaris L. Bentgrass, creeping— Agrostis stolonifera L. var. palustris (Huds.) Farw. Bentgrass, velvet— Agrostis canina L. Bermudagrass— Cynodon dactylon (L.) Pers. var. dactylon Bermudagrass, giant— Cynodon dactylon (L.) Pers. var. aridus Harlan and de Wet Bluegrass, annual— Poa annua L. Bluegrass, bulbous— Poa bulbosa L. Bluegrass, Canada— Poa compressa L. Bluegrass, glaucantha— Poa glauca Vahl Bluegrass, Kentucky— Poa pratensis L. Bluegrass, Nevada— Poa secunda J.S. Presl Bluegrass, rough— Poa trivialis L. Bluegrass, Texas— Poa arachnifera Torr. Bluegrass, wood— Poa nemoralis L. Bluejoint— Calamagrostis canadensis (Michx.) P. Beauv. Bluestem, big— Andropogon gerardii Vitm. var. gerardii Bluestem, little— Schizachyrium scoparium (Michx.) Nash Bluestem, sand— Andropogon hallii Hack. Bluestem, yellow— Bothriochloa ischaemum (L.) Keng Bottlebrush-squirreltail— Elymus elymoides (Raf.) Swezey Brome, field— Bromus arvensis L. Brome, meadow— Bromus biebersteinii Roem. and Schult. Brome, mountain— Bromus marginatus Steud. Brome, smooth— Bromus inermis Leyss. Broomcorn— Sorghum bicolor (L.) Moench Buckwheat— Fagopyrum esculentum Moench Buffalograss— Buchloe dactyloides (Nutt.) Engelm. Buffelgrass— Cenchrus ciliaris L. Burclover, California— Medicago polymorpha L. Burclover, spotted— Medicago arabica (L.) Huds. Burnet, little— Sanguisorba minor Scop. Buttonclover— Medicago orbicularis (L.) Bartal. Canarygrass— Phalaris canariensis L. Canarygrass, reed— Phalaris arundinacea L. Carpetgrass— Axonopus fissifolius (Raddi) Kuhlm. Castorbean— Ricinus communis L. Chess, soft— Bromus hordeaceus L. Chickpea— Cicer arietinum L. Clover, alsike— Trifolium hybridum L. Clover, arrowleaf— Trifolium vesiculosum Savi Clover, berseem— Trifolium alexandrinum L. Clover, cluster— Trifolium glomeratum L. Clover, crimson— Trifolium incarnatum L. Clover, Kenya— Trifolium semipilosum Fresen. Clover, ladino— Trifolium repens L. Clover, lappa— Trifolium lappaceum L. Clover, large hop— Trifolium campestre Schreb. Clover, Persian— Trifolium resupinatum L. Clover, red or Red clover, mammoth— Trifolium pratense L. Red clover, medium— Trifolium pratense L. Clover, rose— Trifolium hirtum All. Clover, small hop or suckling— Trifolium dubium Sibth. Clover, strawberry— Trifolium fragiferum L. Clover, sub or subterranean— Trifolium subterraneum L. Clover, white— Trifolium repens L. (also see Clover, ladino) Clover—(also see Alyceclover, Burclover, Buttonclover, Sourclover, Sweetclover) Corn, field— Zea mays L. Corn, pop— Zea mays L. Cotton— Gossypium spp. Cowpea— Vigna unguiculata (L.) Walp. subsp. unguiculata Crambe— Crambe abyssinica R.E. Fries Crested dogtail— Cynosurus cristatus L. Crotalaria, lance— Crotalaria lanceolata E. Mey. Crotalaria, showy— Crotalaria spectabilis Roth Crotalaria, slenderleaf— Crotalaria brevidens Benth. var. intermedia (Kotschy) Polh. Crotalaria, striped or smooth— Crotalaria pallida Ait. Crotalaria, sunn— Crotalaria juncea L. Crownvetch— Coronilla varia L. Dallisgrass— Paspalum dilatatum Poir. Dichondra— Dichondra repens Forst. and Forst. f. Dropseed, sand— Sporobolus cryptandrus (Torr.) A. Gray Emmer— Triticum dicoccon Schrank Fescue, chewings— Festuca rubra L. subsp. commutata Gaud. Fescue, hair— Festuca tenuifolia Sibth. Fescue, hard— Festuca brevipila Tracey Fescue, meadow— Festuca pratensis Huds. Fescue, red— Festuca rubra L. subsp. rubra Fescue, sheep— Festuca ovina L. var. ovina Fescue, tall— Festuca arundinacea Schreb. Flax— Linum usitatissimum L. Galletagrass— Hilaria jamesii (Torr.) Benth. Grama, blue— Bouteloua gracilis (Kunth) Steud. Grama, side-oats— Bouteloua curtipendula (Michx.) Torr. Guar— Cyamopsis tetragonoloba (L.) Taub. Guineagrass— Panicum maximum Jacq. var. maximum Hardinggrass— Phalaris stenoptera Hack. Hemp— Cannabis sativa L. Indiangrass, yellow— Sorghastrum nutans (L.) Nash Indigo, hairy— Indigofera hirsuta L. Japanese lawngrass— Zoysia japonica Steud. Johnsongrass— Sorghum halepense (L.) Pers. Kenaf— Hibiscus cannabinus L. Kochia, forage— Kochia prostrata (L.) Schrad. Kudzu— Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen and S. Almeida Lentil— Lens culinaris Medik. Lespedeza, Korean— Kummerowia stipulacea (Maxim.) Makino Lespedeza, sericea or Chinese— Lespedeza cuneata (Dum.-Cours.) G. Don Lespedeza, Siberian— Lespedeza juncea (L. f.) Pers. Lespedeza, striate— Kummerowia striata (Thunb.) Schindler Lovegrass, sand— Eragrostis trichodes (Nutt.) Wood Lovegrass, weeping— Eragrostis curvula (Schrad.) Nees Lupine, blue— Lupinus angustifolius L. Lupine, white— Lupinus albus L. Lupine, yellow— Lupinus luteus L. Manilagrass— Zoysia matrella (L.) Merr. Meadow foxtail— Alopecurus pratensis L. Medic, black— Medicago lupulina L. Milkvetch or cicer milkvetch— Astragalus cicer L. Millet, browntop— Brachiaria ramosa (L.) Stapf Millet, foxtail— Setaria italica (L.) Beauv. Millet, Japanese— Echinochloa frumentacea Link Millet, pearl— Pennisetum glaucum (L.) R. Br. Millet, proso— Panicum miliaceum L. Molassesgrass— Melinis minutiflora Beauv. Mustard, black— Brassica nigra (L.) Koch Mustard, India— Brassica juncea (L.) Czernj. and Coss. Mustard, white— Sinapis alba L. Napiergrass— Pennisetum purpureum Schumach. Needlegrass, green— Stipa viridula Trin. Oat— Avena byzantina C. Koch, A. sativa L., A. nuda L. Oatgrass, tall— Arrhenatherum elatius (L.) J.S. Presl and K.B. Presl Orchardgrass— Dactylis glomerata L. Panicgrass, blue— Panicum antidotale Retz. Panicgrass, green— Panicum maximum Jacq. var. trichoglume Robyns Pea, field— Pisum sativum L. Peanut— Arachis hypogaea L. Poa trivialis—(see Bluegrass, rough) Rape, annual— Brassica napus L. var. annua Koch Rape, bird— Brassica rapa L. subsp. rapa Rape, turnip— Brassica rapa L. subsp. silvestris (Lam.) Janchen Rape, winter— Brassica napus L. var. biennis (Schubl. and Mart.) Reichb. Redtop— Agrostis gigantea Roth Rescuegrass— Bromus catharticus Vahl Rhodesgrass— Chloris gayana Kunth Rice— Oryza sativa L. Ricegrass, Indian— Oryzopsis hymenoides (Roem. and Schult.) Ricker Roughpea— Lathyrus hirsutus L. Rye— Secale cereale L. Rye, mountain— Secale strictum (K.B. Presl) K.B. Presl subsp. strictum Ryegrass, annual or Italian— Lolium multiflorum Lam. Ryegrass, intermediate— Lolium × hybridum Hausskn. Ryegrass, perennial— Lolium perenne L. Ryegrass, Wimmera— Lolium rigidum Gaud. Safflower— Carthamus tinctorius L. Sagewort, Louisiana— Artemisia ludoviciana Nutt. Sainfoin— Onobrychis viciifolia Scop. Saltbush, fourwing— Atriplex canescens (Pursh) Nutt. Sesame— Sesamum indicum L. Sesbania— Sesbania exaltata (Raf.) A.W. Hill Smilo— Piptatherum miliaceum (L.) Coss. Sorghum— Sorghum bicolor (L.) Moench Sorghum almum— Sorghum × almum L. Parodi Sorghum-sudangrass— Sorghum × drummondii (Steud.) Millsp. and Chase Sorgrass— Rhizomatous derivatives of a johnsongrass × sorghum cross or a johnsongrass × sudangrass cross Southernpea—(See Cowpea) Sourclover— Melilotus indicus (L.) All. Soybean— Glycine max (L.) Merr. Spelt— Triticum spelta L. Sudangrass— Sorghum × drummondii (Steud.) Millsp. and Chase Sunflower— Helianthus annuus L. Sweetclover, white— Melilotus albus Medik. Sweetclover, yellow— Melilotus officinalis Lam. Sweet vernalgrass— Anthoxanthum odoratum L. Sweetvetch, northern— Hedysarum boreale Nutt. Switchgrass— Panicum virgatum L. Timothy— Phleum pratense L. Timothy, turf— Phleum bertolonii DC. Tobacco— Nicotiana tabacum L. Trefoil, big— Lotus uliginosus Schk. Trefoil, birdsfoot— Lotus corniculatus L. Triticale—x Triticosecale Wittm. (Secale × Triticum) Vaseygrass— Paspalum urvillei Steud. Veldtgrass— Ehrharta calycina J.E. Smith Velvetbean— Mucuna pruriens (L.) DC. var. utilis (Wight) Burck Velvetgrass— Holcus lanatus L. Vetch, common— Vicia sativa L. subsp. sativa Vetch, hairy— Vicia villosa Roth subsp. villosa Vetch, Hungarian— Vicia pannonica Crantz Vetch, monantha— Vicia articulata Hornem. Vetch, narrowleaf or blackpod— Vicia sativa L. subsp. nigra (L.) Ehrh. Vetch, purple— Vicia benghalensis L. Vetch, woollypod or winter— Vicia villosa Roth subsp. varia (Host) Corb. Wheat, common— Triticum aestivum L. Wheat, club— Triticum compactum Host Wheat, durum— Triticum durum Desf. Wheat, Polish— Triticum polonicum L. Wheat, poulard— Triticum turgidum L. Wheat × Agrotricum— Triticum × Agrotriticum Wheatgrass, beardless— Pseudoroegneria spicata (Pursh) A. Love Wheatgrass, crested or fairway crested— Agropyron cristatum (L.) Gaertn. Wheatgrass, crested or standard crested— Agropyron desertorum (Link) Schult. Wheatgrass, intermediate— Elytrigia intermedia (Host) Nevski subsp. intermedia Wheatgrass, pubescent— Elytrigia intermedia (Host) Nevski subsp. intermedia Wheatgrass, Siberian— Agropyron fragile (Roth) Candargy subsp. sibiricum (Willd.) Meld. Wheatgrass, slender— Elymus trachycaulus (Link) Shinn. Wheatgrass, streambank— Elymus lanceolatus (Scribn. and J.G. Smith) Gould subsp. lanceolatus Wheatgrass, tall— Elytrigia elongata (Host) Nevski Wheatgrass, western— Pascopyrum smithii (Rydb.) A. Love Wildrye, basin— Leymus cinereus (Scribn. and Merr.) A. Love Wildrye, Canada— Elymus canadensis L. Wildrye, Russian— Psathyrostachys juncea (Fisch.) Nevski Zoysia japonica—(see Japanese lawngrass) Zoysia matrella—(see Manilagrass) Agrotricum—x Agrotriticum Ciferri and Giacom. Alfalfa— Medicago sativa L. Alfilaria— Erodium cicutarium (L.) L'Her. Alyceclover— Alysicarpus vaginalis (L.) DC. Bahiagrass— Paspalum notatum Fluegge Barley— Hordeum vulgare L. Barrelclover— Medicago truncatula Gaertn. Bean, adzuki— Vigna angularis (Willd.) Ohwi and Ohashi Bean, field— Phaseolus vulgaris L. Bean, mung— Vigna radiata (L.) Wilczek Beet, field— Beta vulgaris L. subsp. vulgaris Beet, sugar— Beta vulgaris L. subsp. vulgaris Beggarweed, Florida— Desmodium tortuosum (Sw.) DC. Bentgrass, colonial— Agrostis capillaris L. Bentgrass, creeping— Agrostis stolonifera L. var. palustris (Huds.) Farw. Bentgrass, velvet— Agrostis canina L. Bermudagrass— Cynodon dactylon (L.) Pers. var. dactylon Bermudagrass, giant— Cynodon dactylon (L.) Pers. var. aridus Harlan and de Wet Bluegrass, annual— Poa annua L. Bluegrass, bulbous— Poa bulbosa L. Bluegrass, Canada— Poa compressa L. Bluegrass, glaucantha— Poa glauca Vahl Bluegrass, Kentucky— Poa pratensis L. Bluegrass, Nevada— Poa secunda J.S. Presl Bluegrass, rough— Poa trivialis L. Bluegrass, Texas— Poa arachnifera Torr. Bluegrass, wood— Poa nemoralis L. Bluejoint— Calamagrostis canadensis (Michx.) P. Beauv. Bluestem, big— Andropogon gerardii Vitm. var. gerardii Bluestem, little— Schizachyrium scoparium (Michx.) Nash Bluestem, sand— Andropogon hallii Hack. Bluestem, yellow— Bothriochloa ischaemum (L.) Keng Bottlebrush-squirreltail— Elymus elymoides (Raf.) Swezey Brome, field— Bromus arvensis L. Brome, meadow— Bromus biebersteinii Roem. and Schult. Brome, mountain— Bromus marginatus Steud. Brome, smooth— Bromus inermis Leyss. Broomcorn— Sorghum bicolor (L.) Moench Buckwheat— Fagopyrum esculentum Moench Buffalograss— Buchloe dactyloides (Nutt.) Engelm. Buffelgrass— Cenchrus ciliaris L. Burclover, California— Medicago polymorpha L. Burclover, spotted— Medicago arabica (L.) Huds. Burnet, little— Sanguisorba minor Scop. Buttonclover— Medicago orbicularis (L.) Bartal. Canarygrass— Phalaris canariensis L. Canarygrass, reed— Phalaris arundinacea L. Carpetgrass— Axonopus fissifolius (Raddi) Kuhlm. Castorbean— Ricinus communis L. Chess, soft— Bromus hordeaceus L. Chickpea— Cicer arietinum L. Clover, alsike— Trifolium hybridum L. Clover, arrowleaf— Trifolium vesiculosum Savi Clover, berseem— Trifolium alexandrinum L. Clover, cluster— Trifolium glomeratum L. Clover, crimson— Trifolium incarnatum L. Clover, Kenya— Trifolium semipilosum Fresen. Clover, ladino— Trifolium repens L. Clover, lappa— Trifolium lappaceum L. Clover, large hop— Trifolium campestre Schreb. Clover, Persian— Trifolium resupinatum L. Clover, red or Clover, rose— Trifolium hirtum All. Clover, small hop or suckling— Trifolium dubium Sibth. Clover, strawberry— Trifolium fragiferum L. Clover, sub or subterranean— Trifolium subterraneum L. Clover, white— Trifolium repens L. (also see Clover, ladino) Clover—(also see Alyceclover, Burclover, Buttonclover, Sourclover, Sweetclover) Corn, field— Zea mays L. Corn, pop— Zea mays L. Cotton— Gossypium spp. Cowpea— Vigna unguiculata (L.) Walp. subsp. unguiculata Crambe— Crambe abyssinica R.E. Fries Crested dogtail— Cynosurus cristatus L. Crotalaria, lance— Crotalaria lanceolata E. Mey. Crotalaria, showy— Crotalaria spectabilis Roth Crotalaria, slenderleaf— Crotalaria brevidens Benth. var. intermedia (Kotschy) Polh. Crotalaria, striped or smooth— Crotalaria pallida Ait. Crotalaria, sunn— Crotalaria juncea L. Crownvetch— Coronilla varia L. Dallisgrass— Paspalum dilatatum Poir. Dichondra— Dichondra repens Forst. and Forst. f. Dropseed, sand— Sporobolus cryptandrus (Torr.) A. Gray Emmer— Triticum dicoccon Schrank Fescue, chewings— Festuca rubra L. subsp. commutata Gaud. Fescue, hair— Festuca tenuifolia Sibth. Fescue, hard— Festuca brevipila Tracey Fescue, meadow— Festuca pratensis Huds. Fescue, red— Festuca rubra L. subsp. rubra Fescue, sheep— Festuca ovina L. var. ovina Fescue, tall— Festuca arundinacea Schreb. Flax— Linum usitatissimum L. Galletagrass— Hilaria jamesii (Torr.) Benth. Grama, blue— Bouteloua gracilis (Kunth) Steud. Grama, side-oats— Bouteloua curtipendula (Michx.) Torr. Guar— Cyamopsis tetragonoloba (L.) Taub. Guineagrass— Panicum maximum Jacq. var. maximum Hardinggrass— Phalaris stenoptera Hack. Hemp— Cannabis sativa L. Indiangrass, yellow— Sorghastrum nutans (L.) Nash Indigo, hairy— Indigofera hirsuta L. Japanese lawngrass— Zoysia japonica Steud. Johnsongrass— Sorghum halepense (L.) Pers. Kenaf— Hibiscus cannabinus L. Kochia, forage— Kochia prostrata (L.) Schrad. Kudzu— Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen and S. Almeida Lentil— Lens culinaris Medik. Lespedeza, Korean— Kummerowia stipulacea (Maxim.) Makino Lespedeza, sericea or Chinese— Lespedeza cuneata (Dum.-Cours.) G. Don Lespedeza, Siberian— Lespedeza juncea (L. f.) Pers. Lespedeza, striate— Kummerowia striata (Thunb.) Schindler Lovegrass, sand— Eragrostis trichodes (Nutt.) Wood Lovegrass, weeping— Eragrostis curvula (Schrad.) Nees Lupine, blue— Lupinus angustifolius L. Lupine, white— Lupinus albus L. Lupine, yellow— Lupinus luteus L. Manilagrass— Zoysia matrella (L.) Merr. Meadow foxtail— Alopecurus pratensis L. Medic, black— Medicago lupulina L. Milkvetch or cicer milkvetch— Astragalus cicer L. Millet, browntop— Brachiaria ramosa (L.) Stapf Millet, foxtail— Setaria italica (L.) Beauv. Millet, Japanese— Echinochloa frumentacea Link Millet, pearl— Pennisetum glaucum (L.) R. Br. Millet, proso— Panicum miliaceum L. Molassesgrass— Melinis minutiflora Beauv. Mustard, black— Brassica nigra (L.) Koch Mustard, India— Brassica juncea (L.) Czernj. and Coss. Mustard, white— Sinapis alba L. Napiergrass— Pennisetum purpureum Schumach. Needlegrass, green— Stipa viridula Trin. Oat— Avena byzantina C. Koch, A. sativa L., A. nuda L. Oatgrass, tall— Arrhenatherum elatius (L.) J.S. Presl and K.B. Presl Orchardgrass— Dactylis glomerata L. Panicgrass, blue— Panicum antidotale Retz. Panicgrass, green— Panicum maximum Jacq. var. trichoglume Robyns Pea, field— Pisum sativum L. Peanut— Arachis hypogaea L. Poa trivialis—(see Bluegrass, rough) Rape, annual— Brassica napus L. var. annua Koch Rape, bird— Brassica rapa L. subsp. rapa Rape, turnip— Brassica rapa L. subsp. silvestris (Lam.) Janchen Rape, winter— Brassica napus L. var. biennis (Schubl. and Mart.) Reichb. Redtop— Agrostis gigantea Roth Rescuegrass— Bromus catharticus Vahl Rhodesgrass— Chloris gayana Kunth Rice— Oryza sativa L. Ricegrass, Indian— Oryzopsis hymenoides (Roem. and Schult.) Ricker Roughpea— Lathyrus hirsutus L. Rye— Secale cereale L. Rye, mountain— Secale strictum (K.B. Presl) K.B. Presl subsp. strictum Ryegrass, annual or Italian— Lolium multiflorum Lam. Ryegrass, intermediate— Lolium × hybridum Hausskn. Ryegrass, perennial— Lolium perenne L. Ryegrass, Wimmera— Lolium rigidum Gaud. Safflower— Carthamus tinctorius L. Sagewort, Louisiana— Artemisia ludoviciana Nutt. Sainfoin— Onobrychis viciifolia Scop. Saltbush, fourwing— Atriplex canescens (Pursh) Nutt. Sesame— Sesamum indicum L. Sesbania— Sesbania exaltata (Raf.) A.W. Hill Smilo— Piptatherum miliaceum (L.) Coss. Sorghum— Sorghum bicolor (L.) Moench Sorghum almum— Sorghum × almum L. Parodi Sorghum-sudangrass— Sorghum × drummondii (Steud.) Millsp. and Chase Sorgrass— Rhizomatous derivatives of a johnsongrass × sorghum cross or a johnsongrass × sudangrass cross Southernpea—(See Cowpea) Sourclover— Melilotus indicus (L.) All. Soybean— Glycine max (L.) Merr. Spelt— Triticum spelta L. Sudangrass— Sorghum × drummondii (Steud.) Millsp. and Chase Sunflower— Helianthus annuus L. Sweetclover, white— Melilotus albus Medik. Sweetclover, yellow— Melilotus officinalis Lam. Sweet vernalgrass— Anthoxanthum odoratum L. Sweetvetch, northern— Hedysarum boreale Nutt. Switchgrass— Panicum virgatum L. Timothy— Phleum pratense L. Timothy, turf— Phleum bertolonii DC. Tobacco— Nicotiana tabacum L. Trefoil, big— Lotus uliginosus Schk. Trefoil, birdsfoot— Lotus corniculatus L. Triticale—x Triticosecale Wittm. (Secale × Triticum) Vaseygrass— Paspalum urvillei Steud. Veldtgrass— Ehrharta calycina J.E. Smith Velvetbean— Mucuna pruriens (L.) DC. var. utilis (Wight) Burck Velvetgrass— Holcus lanatus L. Vetch, common— Vicia sativa L. subsp. sativa Vetch, hairy— Vicia villosa Roth subsp. villosa Vetch, Hungarian— Vicia pannonica Crantz Vetch, monantha— Vicia articulata Hornem. Vetch, narrowleaf or blackpod— Vicia sativa L. subsp. nigra (L.) Ehrh. Vetch, purple— Vicia benghalensis L. Vetch, woollypod or winter— Vicia villosa Roth subsp. varia (Host) Corb. Wheat, common— Triticum aestivum L. Wheat, club— Triticum compactum Host Wheat, durum— Triticum durum Desf. Wheat, Polish— Triticum polonicum L. Wheat, poulard— Triticum turgidum L. Wheat × Agrotricum— Triticum × Agrotriticum Wheatgrass, beardless— Pseudoroegneria spicata (Pursh) A. Love Wheatgrass, crested or fairway crested— Agropyron cristatum (L.) Gaertn. Wheatgrass, crested or standard crested— Agropyron desertorum (Link) Schult. Wheatgrass, intermediate— Elytrigia intermedia (Host) Nevski subsp. intermedia Wheatgrass, pubescent— Elytrigia intermedia (Host) Nevski subsp. intermedia Wheatgrass, Siberian— Agropyron fragile (Roth) Candargy subsp. sibiricum (Willd.) Meld. Wheatgrass, slender— Elymus trachycaulus (Link) Shinn. Wheatgrass, streambank— Elymus lanceolatus (Scribn. and J.G. Smith) Gould subsp. lanceolatus Wheatgrass, tall— Elytrigia elongata (Host) Nevski Wheatgrass, western— Pascopyrum smithii (Rydb.) A. Love Wildrye, basin— Leymus cinereus (Scribn. and Merr.) A. Love Wildrye, Canada— Elymus canadensis L. Wildrye, Russian— Psathyrostachys juncea (Fisch.) Nevski Zoysia japonica—(see Japanese lawngrass) Zoysia matrella—(see Manilagrass) Animal and Plant Health Inspection Service ( APHIS ). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. APHIS inspector. Any employee of the Animal and Plant Health Inspection Service or any other individual authorized by the Administrator to enforce this part. Coated Seed. Any seed unit covered with any substance that changes the size, shape, or weight of the original seed. Seeds coated with ingredients such as, but not limited to, rhizobia, dyes, and pesticides are excluded. Declaration. A written statement of a grower, shipper, processor, dealer, or importer giving for any lot of seed the kind, variety, type, origin, or the use for which the seed is intended. Hybrid. When applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines; one inbred or a single cross with an open-pollinated variety; or two selected clones, seed lines, varieties, or species. “Controlling the pollination” means to use a method of hybridization that will produce pure seed that is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names. Import/importation. To bring into the territorial limits of the United States. Kind. One or more related species or subspecies that singly or collectively is known by one common name, e.g., soybean, flax, or carrot. Lot of seed. A definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors that appear in the labeling. Mixture. Seeds consisting of more than one kind or variety, each present in excess of 5 percent of the whole. Official seed laboratory. An official laboratory member of the Association of Official Seed Analysts. Pelleted seed. Any seed unit covered with a substance that changes the size, shape, or weight of the original seed in order to improve the plantability or singulation of the seed. Person. Any individual, partnership, corporation, company, society, association, receiver, trustee, or other legal entity or organized group. Port of first arrival. The land area (such as a seaport, airport, or land border station) where a person, or a land, water, or air vehicle, first arrives after entering the territorial limits of the United States, and where inspection of articles is carried out by APHIS inspectors. Registered seed technologist. A registered member of the Society of Commercial Seed Technologists. Screenings. Chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed in any way from any seeds in any kind of cleaning or processing and which contains less than 25 percent of live agricultural or vegetable seeds. State. Any State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. United States. All of the States. Variety. A subdivision of a kind which is characterized by growth, plant, fruit, seed, or other characteristics by which it can be differentiated from other sorts of the same kind. Vegetable seed. The seed of the following kinds and varieties that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seed: Artichoke— Cynara cardunculus L. subsp. cardunculus Asparagus— Asparagus officinalis Baker Asparagusbean or yard-long bean— Vigna unguiculata (L.) Walp. subsp. sesquipedalis (L.) Verdc. Bean, garden— Phaseolus vulgaris L. Bean, lima— Phaseolus lunatus L. Bean, runner or scarlet runner— Phaseolus coccineus L. Beet— Beta vulgaris L. subsp. vulgaris Broadbean— Vicia faba L. Broccoli— Brassica oleracea L. var. botrytis L. Brussels sprouts— Brassica oleracea L. var. gemmifera DC. Burdock, great— Arctium lappa L. Cabbage— Brassica oleracea L. var. capitata L. Cabbage, Chinese— Brassica rapa L. subsp. pekinensis (Lour.) Hanelt Cabbage, tronchuda— Brassica oleracea L. var. costata DC. Cantaloupe—(see Melon) Cardoon— Cynara cardunculus L. subsp. cardunculus Carrot— Daucus carota L. subsp. sativus (Hoffm.) Arcang. Cauliflower— Brassica oleracea L. var. botrytis L. Celeriac— Apium graveolens L. var. rapaceum (Mill.) Gaud. Celery— Apium graveolens L. var. dulce (Mill.) Pers. Chard, Swiss— Beta vulgaris L. subsp. cicla (L.) Koch Chicory— Cichorium intybus L. Chives— Allium schoenoprasum L. Citron— Citrullus lanatus (Thunb.) Matsum. and Nakai var. citroides (Bailey) Mansf. Collards— Brassica oleracea L. var. acephala DC. Corn, sweet— Zea mays L. Cornsalad— Valerianella locusta (L.) Laterrade Cowpea— Vigna unguiculata (L.) Walp. subsp. unguiculata Cress, garden— Lepidium sativum L. Cress, upland— Barbarea verna (Mill.) Asch. Cress, water— Rorippa nasturtium-aquaticum (L.) Hayek Cucumber— Cucumis sativus L. Dandelion— Taraxacum officinale Wigg. Dill— Anethum graveolens L. Eggplant— Solanum melongena L. Endive— Cichorium endivia L. Gherkin, West India— Cucumis anguria L. Kale— Brassica oleracea L. var. acephala DC. Kale, Chinese— Brassica oleracea L. var. alboglabra (Bailey) Musil Kale, Siberian— Brassica napus L. var. pabularia (DC.) Reichb. Kohlrabi— Brassica oleracea L. var. gongylodes L. Leek— Allium porrum L. Lettuce— Lactuca sativa L. Melon— Cucumis melo L. Muskmelon—(see Melon). Mustard, India— Brassica juncea (L.) Czernj. and Coss. Mustard, spinach— Brassica perviridis (Bailey) Bailey Okra— Abelmoschus esculentus (L.) Moench Onion— Allium cepa L. Onion, Welsh— Allium fistulosum L. Pak-choi— Brassica rapa L. subsp. chinensis (L.) Hanelt Parsley— Petroselinum crispum (Mill.) A.W. Hill Parsnip— Pastinaca sativa L. Pea— Pisum sativum L. Pepper— Capsicum spp. Pe-tsai—(see Chinese cabbage). Pumpkin— Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima Duchesne Radish— Raphanus sativus L. Rhubarb— Rheum rhabarbarum L. Rutabaga— Brassica napus L. var. napobrassica (L.) Reichb. Sage— Salvia officinalis L. Salsify— Tragopogon porrifolius L. Savory, summer— Satureja hortensis L. Sorrel— Rumex acetosa L. Southernpea—(see Cowpea). Soybean— Glycine max (L.) Merr. Spinach— Spinacia oleracea L. Spinach, New Zealand— Tetragonia tetragonioides (Pall.) Ktze. Squash— Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima Duchesne Tomato— Lycopersicon esculentum Mill. Tomato, husk— Physalis pubescens L. Turnip— Brassica rapa L. subsp. rapa Watermelon— Citrullus lanatus (Thunb.) Matsum. and Nakai var. lanatus Artichoke— Cynara cardunculus L. subsp. cardunculus Asparagus— Asparagus officinalis Baker Asparagusbean or yard-long bean— Vigna unguiculata (L.) Walp. subsp. sesquipedalis (L.) Verdc. Bean, garden— Phaseolus vulgaris L. Bean, lima— Phaseolus lunatus L. Bean, runner or scarlet runner— Phaseolus coccineus L. Beet— Beta vulgaris L. subsp. vulgaris Broadbean— Vicia faba L. Broccoli— Brassica oleracea L. var. botrytis L. Brussels sprouts— Brassica oleracea L. var. gemmifera DC. Burdock, great— Arctium lappa L. Cabbage— Brassica oleracea L. var. capitata L. Cabbage, Chinese— Brassica rapa L. subsp. pekinensis (Lour.) Hanelt Cabbage, tronchuda— Brassica oleracea L. var. costata DC. Cantaloupe—(see Melon) Cardoon— Cynara cardunculus L. subsp. cardunculus Carrot— Daucus carota L. subsp. sativus (Hoffm.) Arcang. Cauliflower— Brassica oleracea L. var. botrytis L. Celeriac— Apium graveolens L. var. rapaceum (Mill.) Gaud. Celery— Apium graveolens L. var. dulce (Mill.) Pers. Chard, Swiss— Beta vulgaris L. subsp. cicla (L.) Koch Chicory— Cichorium intybus L. Chives— Allium schoenoprasum L. Citron— Citrullus lanatus (Thunb.) Matsum. and Nakai var. citroides (Bailey) Mansf. Collards— Brassica oleracea L. var. acephala DC. Corn, sweet— Zea mays L. Cornsalad— Valerianella locusta (L.) Laterrade Cowpea— Vigna unguiculata (L.) Walp. subsp. unguiculata Cress, garden— Lepidium sativum L. Cress, upland— Barbarea verna (Mill.) Asch. Cress, water— Rorippa nasturtium-aquaticum (L.) Hayek Cucumber— Cucumis sativus L. Dandelion— Taraxacum officinale Wigg. Dill— Anethum graveolens L. Eggplant— Solanum melongena L. Endive— Cichorium endivia L. Gherkin, West India— Cucumis anguria L. Kale— Brassica oleracea L. var. acephala DC. Kale, Chinese— Brassica oleracea L. var. alboglabra (Bailey) Musil Kale, Siberian— Brassica napus L. var. pabularia (DC.) Reichb. Kohlrabi— Brassica oleracea L. var. gongylodes L. Leek— Allium porrum L. Lettuce— Lactuca sativa L. Melon— Cucumis melo L. Muskmelon—(see Melon). Mustard, India— Brassica juncea (L.) Czernj. and Coss. Mustard, spinach— Brassica perviridis (Bailey) Bailey Okra— Abelmoschus esculentus (L.) Moench Onion— Allium cepa L. Onion, Welsh— Allium fistulosum L. Pak-choi— Brassica rapa L. subsp. chinensis (L.) Hanelt Parsley— Petroselinum crispum (Mill.) A.W. Hill Parsnip— Pastinaca sativa L. Pea— Pisum sativum L. Pepper— Capsicum spp. Pe-tsai—(see Chinese cabbage). Pumpkin— Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima Duchesne Radish— Raphanus sativus L. Rhubarb— Rheum rhabarbarum L. Rutabaga— Brassica napus L. var. napobrassica (L.) Reichb. Sage— Salvia officinalis L. Salsify— Tragopogon porrifolius L. Savory, summer— Satureja hortensis L. Sorrel— Rumex acetosa L. Southernpea—(see Cowpea). Soybean— Glycine max (L.) Merr. Spinach— Spinacia oleracea L. Spinach, New Zealand— Tetragonia tetragonioides (Pall.) Ktze. Squash— Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima Duchesne Tomato— Lycopersicon esculentum Mill. Tomato, husk— Physalis pubescens L. Turnip— Brassica rapa L. subsp. rapa Watermelon— Citrullus lanatus (Thunb.) Matsum. and Nakai var. lanatus" 7:7:5.1.1.1.19.0.47.10,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.10 Costs and charges.,APHIS,,,,"Unless a user fee is payable under § 354.3 of this chapter, the services of an APHIS inspector during regularly assigned hours of duty and at the usual places of duty will be furnished without cost. The U.S. Department of Agriculture's provisions relating to overtime charges for an APHIS inspector's services are set forth in part 354 of this chapter. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with this part, other than for the services of the APHIS inspector during regularly assigned hours of duty and at the usual places of duty. All expenses incurred by the U.S. Department of Agriculture (including travel, per diem or subsistence, and salaries of officers or employees of the Department) in connection with the monitoring of cleaning, labeling, other reconditioning, or destruction of seed, screenings, or refuse under this part shall be reimbursed by the owner or consignee of the seed or screenings." 7:7:5.1.1.1.19.0.47.2,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.2 Preemption of State and local laws; general restrictions on the importation of seed and screenings.,APHIS,,,"[62 FR 48460, Sept. 16, 1997, as amended at 74 FR 53400, Oct. 19, 2009; 79 FR 74594, Dec. 16, 2014; 83 FR 11867, Mar. 19, 2018]","(a) The regulations in this part preempt State and local laws regarding seed and screenings imported into the United States while the seed and screenings are in foreign commerce. Seed and screenings imported for immediate distribution and sale to the consuming public remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be considered on a case-by-case basis. (b) No person shall import any agricultural seed, vegetable seed, or screenings into the United States unless the importation is in compliance with this part. (c) Any agricultural seed, vegetable seed, or screenings imported into the United States not in compliance with this part shall be subject to exportation, destruction, disposal, or any remedial measures that the Administrator determines are necessary to prevent the dissemination into the United States of noxious weeds. (d) Except as provided in § 361.7(b), and in addition to the permit requirements of § 319.37-5 of this chapter, coated or pelleted seed, or seed that is embedded in a substrate that obscures visibility may enter the United States only if each lot of seed is accompanied by an officially drawn and sealed sample of seed drawn from the lot before the seed was coated or pelleted. The sample must be drawn in a manner consistent with that described in § 361.5 of this part. (e) Except as provided in §§ 361.4(a)(3) and 361.7(c), screenings of all agricultural seed and vegetable seed are prohibited entry into the United States." 7:7:5.1.1.1.19.0.47.3,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.3 Declarations and labeling.,APHIS,,,,"(a) All lots of agricultural seed, vegetable seed, and screenings imported into the United States must be accompanied by a declaration from the importer of the seed or screenings. The declaration must state the kind, variety, and origin of each lot of seed or screenings and the use for which the seed or screenings are being imported. (b) Each container of agricultural seed and vegetable seed imported into the United States for seeding (planting) purposes must be labeled to indicate the identification code or designation for the lot of seed; the name of each kind or kind and variety of agricultural seed or the name of each kind and variety of vegetable seed present in the lot in excess of 5 percent of the whole; and the designation “hybrid” when the lot contains hybrid seed. Kind and variety names used on the label shall conform to the kind and variety names used in the definitions of “agricultural seed” and “vegetable seed” in § 361.1. If any seed in the lot has been treated, each container must be further labeled, in type no smaller than 8 point, as follows: (1) The label must indicate that the seed has been treated and provide the name of the substance or process used to treat the seed. Substance names used on the label shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name. (i) Commonly accepted coined names are commonly recognized as names of particular substances, e.g., thiram, captan, lindane, and dichlone. (ii) Examples of commonly accepted chemical (generic) names are blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene, and ethyl mercury acetate. The terms “mercury” or “mercurial” may be used in labeling all types of mercurials. (iii) Examples of commonly accepted abbreviated chemical names are BHC (1,2,3,4,5,6-Hexachlorocyclohexane) and DDT (dichloro diphenyl trichloroethane). (2) If the seed has been treated with a mercurial or similarly toxic substance harmful to humans and vertebrate animals, the label must include a representation of a skull and crossbones and a statement indicating that the seed has been treated with poison. The skull and crossbones must be at least twice the size of the type used for the information provided on the label, and the poison warning statement must be written in red letters on a background of distinctly contrasting color. Mercurials and similarly toxic substances include the following: Aldrin, technical Demeton Dieldrin p-Dimethylaminobenzenediazo sodium sulfonate Endrin Ethion Heptachlor Mercurials, all types Parathion Phorate Toxaphene O-O-Diethyl-O-(isopropyl-4-methyl-6-pyrimidyl) thiophosphate O,O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate Aldrin, technical Demeton Dieldrin p-Dimethylaminobenzenediazo sodium sulfonate Endrin Ethion Heptachlor Mercurials, all types Parathion Phorate Toxaphene O-O-Diethyl-O-(isopropyl-4-methyl-6-pyrimidyl) thiophosphate O,O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate (3) If the seed has been treated with a substance other than one classified as a mercurial or similarly toxic substance under paragraph (b)(2) of this section, and the amount remaining with the seed is harmful to humans or other vertebrate animals, the label must indicate that the seed is not to be used for food, feed, or oil purposes. Any amount of any substance used to treat the seed that remains with the seed will be considered harmful when the seed is in containers of more than 4 ounces, except that the following substances will not be deemed harmful when present at a rate less than the number of parts per million (p/m) indicated: Allethrin—2 p/m Malathion—8 p/m Methoxyclor—2 p/m Piperonyl butoxide—20 p/m (8 p/m on oat and sorghum) Pyrethrins—3 p/m (1 p/m on oat and sorghum) Allethrin—2 p/m Malathion—8 p/m Methoxyclor—2 p/m Piperonyl butoxide—20 p/m (8 p/m on oat and sorghum) Pyrethrins—3 p/m (1 p/m on oat and sorghum) (c) In the case of seed in bulk, the information required under paragraph (b) of this section shall appear in the invoice or other records accompanying and pertaining to such seed. If the seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots included, the information required on each container under paragraph (b) of this section need not be shown on each container if each container has stenciled upon it or bears a label containing a lot designation and the invoice or other records accompanying and pertaining to such seed bear the various statements required for the respective seeds. (d) Each container of agricultural seed and vegetable seed imported into the United States for cleaning need not be labeled to show the information required under paragraph (b) of this section if: (1) The seed is in bulk; (2) The seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots involved, and the invoice or other records accompanying and pertaining to the seed show that the seed is for cleaning; or (3) The seed is in containers and in quantities of less than 20,000 pounds, and each container carries a label that bears the words “Seed for cleaning.”" 7:7:5.1.1.1.19.0.47.4,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.4 Inspection at the port of first arrival.,APHIS,,,,"(a) All agricultural seed, vegetable seed, and screenings imported into the United States shall be made available for examination by an APHIS inspector at the port of first arrival and shall remain at the port of first arrival until released by an APHIS inspector. Lots of agricultural seed, vegetable seed, or screenings may enter the United States without meeting the sampling requirements of paragraph (b) of this section if the lot is: (1) Seed that is not being imported for seeding (planting) purposes and the declaration required by § 361.3(a) states the purpose for which the seed is being imported; (2) Seed that is being shipped in bond through the United States; (3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, field peas, or field beans that are not being imported for seeding (planting) purposes and the declaration accompanying the screenings as required under § 361.2(a) indicates that the screenings are being imported for processing or manufacturing purposes; (4) Seed that is being imported for sowing for experimental or breeding purposes, is not for sale, is limited in quantity to the amount indicated in column 3 of table 1 of § 361.5, and is accompanied by a declaration stating the purpose for which it is being imported (seed imported for increase purposes only will not be considered as being imported for experimental or breeding purposes); or (5) Seed that was grown in the United States, exported, and is now returning to the United States, provided that the person importing the seed into the United States furnishes APHIS with the following documentation: (i) Export documents indicating the quantity of seed and number of containers, the date of exportation from the United States, the distinguishing marks on the containers at the time of exportation, and the name and address of the United States exporter; (ii) A document issued by a Customs or other government official of the country to which the seed was exported indicating that the seed was not admitted into the commerce of that country; and (iii) A document issued by a Customs or other government official of the country to which the seed was exported indicating that the seed was not commingled with other seed after being exported to that country. (b) Except as provided in §§ 361.5(a)(2) and 361.7, samples will be taken from all agricultural seed and vegetable seed imported into the United States for seeding (planting) purposes prior to being released into the commerce of the United States. (1) Samples of seed will be taken from each lot of seed in accordance with § 361.5 to determine whether any seeds of noxious weeds listed in § 361.6(a) are present. If seeds of noxious weeds are present at a level higher than the tolerances set forth in § 361.6(b), the lot of seed will be deemed to be adulterated and will be rejected for entry into the United States for seeding (planting) purposes. Once deemed adulterated, the lot of seed must be: (i) Exported from the United States; (ii) Destroyed under the monitoring of an APHIS inspector; (iii) Cleaned under APHIS monitoring at a seed-cleaning facility that is operated in accordance with § 361.8(a); or (iv) If the lot of seed is adulterated with the seeds of a noxious weed listed in § 361.6(a)(2), the seed may be allowed entry into the United States for feeding or manufacturing purposes, provided the importer withdraws the original declaration and files a new declaration stating that the seed is being imported for feeding or manufacturing purposes and that no part of the seed will be used for seeding (planting) purposes. (2) Seed deemed adulterated may not be mixed with any other seed unless the Administrator determines that two or more lots of seed deemed adulterated are of substantially the same quality and origin. In such cases, the Administrator may allow the adulterated lots of seed to be mixed for cleaning as provided in paragraph (b)(1)(iii) of this section. (3) If the labeling of a lot of seed is false or misleading in any respect, the seed will be rejected for entry into the United States. A falsely labeled lot of seed must be: (i) Exported from the United States; (ii) Destroyed under the monitoring of an APHIS inspector; or (iii) The seed may be allowed entry into the United States if the labeling is corrected under the monitoring of an APHIS inspector to accurately reflect the character of the lot of seed." 7:7:5.1.1.1.19.0.47.5,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.5 Sampling of seeds.,APHIS,,,,"(a) Sample sizes. As provided in § 361.4(b), samples of seed will be taken from each lot of seed being imported for seeding (planting) purposes to determine whether any seeds of noxious weeds listed in § 361.6(a) are present. The samples shall be drawn in the manner described in paragraphs (b) and (c) of this section. Unused portions of samples of rare or expensive seeds will be returned by APHIS upon request of the importer. (1) A minimum sample of not less than 1 quart shall be drawn from each lot of agricultural seed; a minimum sample of not less than 1 pint shall be drawn from each lot of vegetable seed, except that a sample of 1/4 pint will be sufficient for a vegetable seed importation of 5 pounds or less. The minimum sample shall be divided repeatedly until a working sample of proper weight has been obtained. If a mechanical divider cannot be used or is not available, the sample shall be thoroughly mixed, then placed in a pile; the pile shall be divided repeatedly into halves until a working sample of the proper weight remains. The weights of the working samples for noxious weed examination for each lot of seed are shown in column 1 of table 1 of this section. If the lot of seed is a mixture, the following methods shall be used to determine the weight of the working sample: (i) If the lot of seed is a mixture consisting of one predominant kind of seed or a group of kinds of similar size, the weight of the working sample shall be the weight shown in column 1 of table 1 of this section for the kind or group of kinds that comprises more than 50 percent of the sample. (ii) If the lot of seed is a mixture consisting of two or more kinds or groups of kinds of different sizes, none of which comprises over 50 percent of the sample, the weight of the working sample shall be the weighted average (to the nearest half gram) of the weight shown in column 1 of table 1 of this section for each of the kinds that comprise the sample, as determined by the following method: (A) Multiply the percentage of each component of the mixture (rounded off to the nearest whole number) by the sample sizes shown in column 1 of table 1 of this section; (B) Add all these products; (C) Total the percentages of all components of the mixtures; and (D) Divide the sum in paragraph (a)(1)(ii)(B) of this section by the total in paragraph (a)(1)(ii)(C) of this section. (2) It is not ordinarily practical to sample and test small lots of seed offered for entry. The maximum sizes of lots of each kind of seed not ordinarily sampled are shown in column 2 of table 1 of this section. (3) The maximum sizes of lots of each kind of seed allowed entry without sampling for sowing for experimental or breeding purposes as provided in § 361.4(a)(4) are shown in column 3 of table 1 of this section. Table 1 (b) Method of sampling. (1) When an importation consists of more than one lot, each lot shall be sampled separately. (2) For lots of six or fewer bags, each bag shall be sampled. A total of at least five trierfuls shall be taken from the lot. (3) For lots of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled. (Round off numbers with decimals to the nearest whole number, raising 0.5 to the next whole number.) Regardless of the lot size, it is not necessary to sample more than 30 bags. (4) When the lot of seed to be sampled is comprised of seed in small containers that cannot practically be sampled as described in paragraph (b)(2) or (b)(3) of this section, entire unopened containers may be taken in sufficient number to supply a sample that meets the minimum size requirements of paragraph (a)(1) of this section. (c) Drawing samples. Samples will not be drawn unless each container is labeled to show the lot designation and the name of the kind and variety of each agricultural seed, or kind and variety of each vegetable seed, appearing on the invoice and other entry papers, and a declaration has been filed by the importer as required under § 361.2(a). In order to secure a representative sample, an APHIS inspector will draw equal portions from evenly distributed parts of the quantity of seed to be sampled; the APHIS inspector, therefore, must be given access to all parts of that quantity. (1) For free-flowing seed in bags or in bulk, a probe or trier shall be used. For small free-flowing seed in bags, a probe or trier long enough to sample all portions of the bag shall be used. When drawing more than one trierful of seed from a bag, a different path through the seed shall be used when drawing each sample. (2) For non-free-flowing seed in bags or bulk that may be difficult to sample with a probe or trier, samples shall be obtained by thrusting one's hand into the seed and withdrawing representative portions. The hand shall be inserted in an open position with the fingers held closely together while the hand is being inserted and the portion withdrawn. When more than one handful is taken from a bag, the handfuls shall be taken from well-separated points. (3) When more than one sample is drawn from a single lot, the samples may be combined into a composite sample unless it appears that the quantity of seed represented as a lot is not of uniform quality, in which case the separate samples shall be forwarded together, but without being combined into a composite sample. (d) In most cases, samples will be drawn and examined by an APHIS inspector at the port of first arrival. The APHIS inspector may release a shipment if no contaminants are found and the labeling is sufficient. If contaminants are found or the labeling of the seed is insufficient, the APHIS inspector may forward the sample to the USDA Seed Examination Facility (SEF), Beltsville, MD, for analysis, testing, or examination. APHIS will notify the owner or consignee of the seed that samples have been drawn and forwarded to the SEF and that the shipment must be held intact pending a decision by APHIS as to whether the seed is within the noxious weed seed tolerances of § 361.6 and is accurately labeled. If the decision pending is with regard to the noxious weed seed content of the seed and the seed has been determined to be accurately labeled, the seed may be released for delivery to the owner or consignee under the following conditions: (1) The owner or consignee executes with Customs either a Customs single-entry bond or a Customs term bond, as appropriate, in such amount as is prescribed by applicable Customs regulations; (2) The bond must contain a condition for the redelivery of the seed or any part thereof upon demand of the Port Director of Customs at any time; (3) Until the seed is approved for entry upon completion of APHIS' examination, the seed must be kept intact and not tampered with in any way, or removed from the containers except under the monitoring of an APHIS inspector; and (4) The owner or consignee must keep APHIS informed as to the location of the seed until it is finally entered into the commerce of the United States." 7:7:5.1.1.1.19.0.47.6,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.6 Noxious weed seeds.,APHIS,,,"[62 FR 48460, Sept. 16, 1997, as amended at 64 FR 12884, Mar. 16, 1999; 65 FR 33743, May 25, 2000; 71 FR 35381, June 20, 2006; 74 FR 53400, Oct. 19, 2009; 75 FR 68956, Nov. 10, 2010]","(a) Seeds of the plants listed in paragraphs (a)(1) and (a)(2) of this section shall be considered noxious weed seeds. (1) Seeds with no tolerances applicable to their introduction: Acacia nilotica (Linnaeus) Wildenow ex Delile Aeginetia spp. Ageratina adenophora (Sprengel) King & Robinson Ageratina riparia (Regel) R.M. King and H. Robinson Alectra spp. Alternanthera sessilis (L.) R. Brown ex de Candolle Arctotheca calendula (Linnaeus) Levyns Asphodelus fistulosus L. Avena sterilis L. (including Avena ludoviciana Durieu) Azolla pinnata R. Brown Carthamus oxyacantha M. Bieberstein Chrysopogon aciculatus (Retzius) Trinius Commelina benghalensis L. Crupina vulgaris Cassini Cuscuta spp. Digitaria abyssinica (Hochstetter ex A. Richard) Stapf Digitaria velutina (Forsskal) Palisot de Beauvois Drymaria arenariodes Humboldt & Bonpland ex J.A. Schultes Eichhornia azurea (Swartz) Kunth Emex australis Steinheil Emex spinosa (L.) Campdera Euphorbia terracina Linnaeus Galega officinalis L. Heracleum mantegazzianum Sommier & Levier Hydrilla verticillata (Linnaeus f.) Royle Hygrophila polysperma T. Anderson Imperata brasiliensis Trinius Imperata cylindrica (Linnaeus) Palisot de Beauvois Inula britannica Linnaeus Ipomoea aquatica Forsskal Ischaemum rugosum Salisbury Lagarosiphon major (Ridley) Moss Leptochloa chinensis (L.) Nees Limnophila sessiliflora (Vahl) Blume Lycium ferocissimum Miers Lygodium flexuosum (Linnaeus) Swartz (maidenhair creeper) Lygodium microphyllum (Cavanilles) R. Brown (Old World climbing fern) Melaleuca quinquenervia (Cav.) Blake Melastoma malabathricum L. Mikania cordata (Burman f.) B. L. Robinson Mikania micrantha Kunth Mimosa diplotricha C. Wright Mimosa pigra L. var. pigra Monochoria hastata (L.) Solms-Laubach Monochoria vaginalis (Burman f.) C. Presl Moraea collina Thunberg Moraea flaccida (Sweet) Steudel Moraea miniata Andrews Moraea ochroleuca (Salisbury) Drapiez Moraea pallida (Baker) Goldblatt Nassella trichotoma (Nees) Hackel ex Arechavaleta Onopordum acaulon Linnaeus Onopordum illyricum Linnaeus Opuntia aurantiaca Lindley Orobanche spp. Oryza longistaminata A. Chevalier & Roehrich Oryza punctata Kotschy ex Steudel Oryza rufipogon Griffith Ottelia alismoides (L.) Pers. Paspalum scrobiculatum L. Pennisetum clandestinum Hochstetter ex Chiovenda Pennisetum macrourum Trinius Pennisetum pedicellatum Trinius Pennisetum polystachion (L.) Schultes Prosopis alapataco R. A. Philippi Prosopis argentina Burkart Prosopis articulata S. Watson Prosopis burkartii Munoz Prosopis caldenia Burkart Prosopis calingastana Burkart Prosopis campestris Grisebach Prosopis castellanosii Burkart Prosopis denudans Bentham Prosopis elata (Burkart) Burkart Prosopis farcta (Banks & Solander) J.F. Macbride Prosopis ferox Grisebach Prosopis fiebrigii Harms Prosopis hassleri Harms Prosopis humilis Gillies ex Hooker & Arnott Prosopis kuntzei Harms Prosopis pallida (Humboldt & Bonpland ex Willdenow) Kunth Prosopis palmeri S. Watson Prosopis reptans Bentham var. reptans Prosopis rojasiana Burkart Prosopis ruizlealii Burkart Prosopis ruscifolia Grisebach Prosopis sericantha Gillies ex Hooker & Arnott Prosopis strombulifera (Lamarck) Bentham Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle Rottboellia cochinchinensis (Lour.) W. Clayon Rubus fruticosus L. (complex) Rubus moluccanus L. Saccharum spontaneum L. Sagittaria sagittifolia L. Salsola vermiculata L. Salvinia auriculata Aublet Salvinia biloba Raddi Salvinia herzogii de la Sota Salvinia molesta D.S. Mitchell Senecio inaequidens DC. Senecio madagascariensis Poir. Setaria pumila (Poir.) Roem. & Schult. subsp. pallidefusca (Schumach.) B.K. Simon Solanum tampicense Dunal (wetland nightshade) Solanum torvum Swartz Solanum viarum Dunal Sparganium erectum L. Spermacoce alata Aublet Striga spp. Tridax procumbens L. Urochloa panicoides Beauvois Acacia nilotica (Linnaeus) Wildenow ex Delile Aeginetia spp. Ageratina adenophora (Sprengel) King & Robinson Ageratina riparia (Regel) R.M. King and H. Robinson Alectra spp. Alternanthera sessilis (L.) R. Brown ex de Candolle Arctotheca calendula (Linnaeus) Levyns Asphodelus fistulosus L. Avena sterilis L. (including Avena ludoviciana Durieu) Azolla pinnata R. Brown Carthamus oxyacantha M. Bieberstein Chrysopogon aciculatus (Retzius) Trinius Commelina benghalensis L. Crupina vulgaris Cassini Cuscuta spp. Digitaria abyssinica (Hochstetter ex A. Richard) Stapf Digitaria velutina (Forsskal) Palisot de Beauvois Drymaria arenariodes Humboldt & Bonpland ex J.A. Schultes Eichhornia azurea (Swartz) Kunth Emex australis Steinheil Emex spinosa (L.) Campdera Euphorbia terracina Linnaeus Galega officinalis L. Heracleum mantegazzianum Sommier & Levier Hydrilla verticillata (Linnaeus f.) Royle Hygrophila polysperma T. Anderson Imperata brasiliensis Trinius Imperata cylindrica (Linnaeus) Palisot de Beauvois Inula britannica Linnaeus Ipomoea aquatica Forsskal Ischaemum rugosum Salisbury Lagarosiphon major (Ridley) Moss Leptochloa chinensis (L.) Nees Limnophila sessiliflora (Vahl) Blume Lycium ferocissimum Miers Lygodium flexuosum (Linnaeus) Swartz (maidenhair creeper) Lygodium microphyllum (Cavanilles) R. Brown (Old World climbing fern) Melaleuca quinquenervia (Cav.) Blake Melastoma malabathricum L. Mikania cordata (Burman f.) B. L. Robinson Mikania micrantha Kunth Mimosa diplotricha C. Wright Mimosa pigra L. var. pigra Monochoria hastata (L.) Solms-Laubach Monochoria vaginalis (Burman f.) C. Presl Moraea collina Thunberg Moraea flaccida (Sweet) Steudel Moraea miniata Andrews Moraea ochroleuca (Salisbury) Drapiez Moraea pallida (Baker) Goldblatt Nassella trichotoma (Nees) Hackel ex Arechavaleta Onopordum acaulon Linnaeus Onopordum illyricum Linnaeus Opuntia aurantiaca Lindley Orobanche spp. Oryza longistaminata A. Chevalier & Roehrich Oryza punctata Kotschy ex Steudel Oryza rufipogon Griffith Ottelia alismoides (L.) Pers. Paspalum scrobiculatum L. Pennisetum clandestinum Hochstetter ex Chiovenda Pennisetum macrourum Trinius Pennisetum pedicellatum Trinius Pennisetum polystachion (L.) Schultes Prosopis alapataco R. A. Philippi Prosopis argentina Burkart Prosopis articulata S. Watson Prosopis burkartii Munoz Prosopis caldenia Burkart Prosopis calingastana Burkart Prosopis campestris Grisebach Prosopis castellanosii Burkart Prosopis denudans Bentham Prosopis elata (Burkart) Burkart Prosopis farcta (Banks & Solander) J.F. Macbride Prosopis ferox Grisebach Prosopis fiebrigii Harms Prosopis hassleri Harms Prosopis humilis Gillies ex Hooker & Arnott Prosopis kuntzei Harms Prosopis pallida (Humboldt & Bonpland ex Willdenow) Kunth Prosopis palmeri S. Watson Prosopis reptans Bentham var. reptans Prosopis rojasiana Burkart Prosopis ruizlealii Burkart Prosopis ruscifolia Grisebach Prosopis sericantha Gillies ex Hooker & Arnott Prosopis strombulifera (Lamarck) Bentham Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle Rottboellia cochinchinensis (Lour.) W. Clayon Rubus fruticosus L. (complex) Rubus moluccanus L. Saccharum spontaneum L. Sagittaria sagittifolia L. Salsola vermiculata L. Salvinia auriculata Aublet Salvinia biloba Raddi Salvinia herzogii de la Sota Salvinia molesta D.S. Mitchell Senecio inaequidens DC. Senecio madagascariensis Poir. Setaria pumila (Poir.) Roem. & Schult. subsp. pallidefusca (Schumach.) B.K. Simon Solanum tampicense Dunal (wetland nightshade) Solanum torvum Swartz Solanum viarum Dunal Sparganium erectum L. Spermacoce alata Aublet Striga spp. Tridax procumbens L. Urochloa panicoides Beauvois (2) Seeds with tolerances applicable to their introduction: Acroptilon repens (L.) DC. (= Centaurea repens L.) (= Centaurea picris ) Cardaria draba (L.) Desv. Cardaria pubescens (C. A. Mey.) Jarmol. Convolvulus arvensis L. Cirsium arvense (L.) Scop. Elytrigia repens (L.) Desv. (= Agropyron repens (L.) Beauv.) Euphorbia esula L. Sonchus arvensis L. Sorghum halepense (L.) Pers. Acroptilon repens (L.) DC. (= Centaurea repens L.) (= Centaurea picris ) Cardaria draba (L.) Desv. Cardaria pubescens (C. A. Mey.) Jarmol. Convolvulus arvensis L. Cirsium arvense (L.) Scop. Elytrigia repens (L.) Desv. (= Agropyron repens (L.) Beauv.) Euphorbia esula L. Sonchus arvensis L. Sorghum halepense (L.) Pers. (b) The tolerance applicable to the prohibition of the noxious weed seeds listed in paragraph (a)(2) of this section shall be two seeds in the minimum amount required to be examined as shown in column 1 of table 1 of § 361.5. If fewer than two seeds are found in an initial examination, the shipment from which the sample was drawn may be entered. If two seeds are found in an initial examination, a second sample must be examined. If two or fewer seeds are found in the second examination, the shipment from which the samples were drawn may be entered. If three or more seeds are found in the second examination, the shipment from which the samples were drawn may not be entered. If three or more seeds are found in an initial examination, the shipment from which the sample was drawn may not be entered. (c) Any seed of any noxious weed that can be determined by visual inspection (including the use of transmitted light or dissection) to be within one of the following categories shall be considered inert matter and not counted as a weed seed: (1) Damaged seed (other than grasses) with over one half of the embryo missing; (2) Grass florets and caryopses classed as inert: (i) Glumes and empty florets of weedy grasses; (ii) Damaged caryopses, including free caryopses, with over one-half the root-shoot axis missing (the scutellum excluded); (iii) Immature free caryopses devoid of embryo or endosperm; (iv) Free caryopses of quackgrass ( Elytrigia repens ) that are 2 mm or less in length; or (v) Immature florets of quackgrass ( Elytrigia repens ) in which the caryopses are less than one-third the length of the palea. The caryopsis is measured from the base of the rachilla. (3) Seeds of legumes ( Fabaceae ) with the seed coats entirely removed. (4) Immature seed units, devoid of both embryo and endosperm, such as occur in (but not limited to) the following plant families: buckwheat ( Polygonaceae ), morning glory ( Convolvulaceae ), nightshade ( Solanaceae ), and sunflower ( Asteraceae ). (5) Dodder ( Cuscuta spp.) seeds devoid of embryos and seeds that are ashy gray to creamy white in color are inert matter. Dodder seeds should be sectioned when necessary to determine if an embryo is present, as when the seeds have a normal color but are slightly swollen, dimpled, or have minute holes." 7:7:5.1.1.1.19.0.47.7,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.7 Special provisions for Canadian-origin seed and screenings.,APHIS,,,,"(a) In addition to meeting the declaration and labeling requirements of § 361.2 and all other applicable provisions of this part, all Canadian-origin agricultural seed and Canadian-origin vegetable seed imported into the United States from Canada for seeding (planting) purposes or cleaning must be accompanied by a certificate of analysis issued by the Canadian Food Inspection Agency or by a private seed laboratory accredited by the Canadian Food Inspection Agency. Samples of seed shall be drawn using sampling methods comparable to those detailed in § 361.5 of this part. The seed analyst who examines the seed at the laboratory must be accredited to analyze the kind of seed covered by the certificate. (1) If the seed is being imported for seeding (planting) purposes, the certificate of analysis must verify that the seed meets the noxious weed seed tolerances of § 361.6. Such seed will not be subject to the sampling requirements of § 361.3(b). (2) If the seed is being imported for cleaning, the certificate of analysis must name the kinds of noxious weed seeds that are to be removed from the lot of seed. Seed being imported for cleaning must be consigned to a facility operated in accordance with § 361.8(a). (b) Coated or pelleted agricultural seed and coated or pelleted vegetable seed of Canadian origin may be imported into the United States if the seed was analyzed prior to being coated or pelleted and is accompanied by a certificate of analysis issued in accordance with paragraph (a) of this section. (c) Screenings otherwise prohibited under this part may be imported from Canada if the screenings are imported for processing or manufacture and are consigned to a facility operating under a compliance agreement as provided by § 361.8(b)." 7:7:5.1.1.1.19.0.47.8,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.8 Cleaning of imported seed and processing of certain Canadian-origin screenings.,APHIS,,,,"(a) Imported seed that is found to contain noxious weed seeds at a level higher than the tolerances set forth in § 361.6(b) may be cleaned under the monitoring of an APHIS inspector. The cleaning will be at the expense of the owner or consignee. (1) At the location where the seed is being cleaned, the identity of the seed must be maintained at all times to the satisfaction of the Administrator. The refuse from the cleaning must be placed in containers and securely sealed and identified. Upon completion of the cleaning, a representative sample of the seed will be analyzed by a registered seed technologist, an official seed laboratory, or by APHIS; if the seed is found to be within the noxious weed tolerances set forth in § 361.6(b), the seed may be allowed entry into the United States; (2) The refuse from the cleaning must be destroyed under the monitoring of an APHIS inspector at the expense of the owner or consignee of the seed. (3) Any person engaged in the business of cleaning imported seed may enter into a compliance agreement under paragraph (c) of this section to facilitate the cleaning of seed imported into the United States under this part. (b) Any person engaged in the business of processing screenings who wishes to process screenings imported from Canada under § 361.7(c) that are otherwise prohibited under this part must enter into a compliance agreement under paragraph (c) of this section. (c) A compliance agreement for the cleaning of imported seed or processing of otherwise prohibited screenings from Canada shall be a written agreement 1 between a person engaged in such a business, the State in which the business operates, and APHIS, wherein the person agrees to comply with the provisions of this part and any conditions imposed pursuant thereto. Any compliance agreement may be canceled orally or in writing by the APHIS inspector who is monitoring its enforcement whenever the inspector finds that the person who entered into the compliance agreement has failed to comply with the provisions of this part or any conditions imposed pursuant thereto. If the cancellation is oral, the decision and the reasons for the decision shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision to the Administrator, in writing, within 10 days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator. 1 Compliance Agreement forms are available without charge from Permit Unit, PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD 20737-1236, and from local offices of the Plant Protection and Quarantine. (Local offices are listed in telephone directories)." 7:7:5.1.1.1.19.0.47.9,7,Agriculture,III,,361,PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT,,,,§ 361.9 Recordkeeping.,APHIS,,,,"(a) Each person importing agricultural seed or vegetable seed under this part must maintain a complete record, including copies of the declaration and labeling required under this part and a sample of seed, for each lot of seed imported. Except for the seed sample, which may be discarded 1 year after the entire lot represented by the sample has been disposed of by the person who imported the seed, the records must be maintained for 3 years following the importation. (b) Each sample of vegetable seed and each sample of agricultural seed must be at least equal in weight to the sample size prescribed for noxious weed seed examination in table 1 of § 361.5. (c) An APHIS inspector shall, during normal business hours, be allowed to inspect and copy the records." 7:7:5.1.1.1.2.1.9.1,7,Agriculture,III,,301,PART 301—DOMESTIC QUARANTINE NOTICES,A,Subpart A—Preemption and Special Need Requests,,§ 301.1 Purpose and scope.,APHIS,,,,"(a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not impose prohibitions or restrictions upon the movement in interstate commerce of articles, means of conveyance, plants, plant products, biological control organisms, plant pests, or noxious weeds if the Secretary has issued a regulation or order to prevent the dissemination of the biological control organism, plant pest, or noxious weed within the United States. The only exceptions to this are: (1) If the prohibitions or restrictions issued by the State or political subdivision of a State are consistent with and do not exceed the regulations or orders issued by the Secretary, or (2) If the State or political subdivision of a State demonstrates to the Secretary and the Secretary finds that there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment. (b) The regulations in this subpart provide for the submission and consideration of special need requests when a State or a political subdivision of a State seeks to impose prohibitions or restrictions on the movement in interstate commerce of articles, means of conveyance, plants, plant products, biological control organisms, plant pests, or noxious weeds that are in addition to the prohibitions or restrictions imposed by this part or by a Federal Order." 7:7:5.1.1.1.2.1.9.2,7,Agriculture,III,,301,PART 301—DOMESTIC QUARANTINE NOTICES,A,Subpart A—Preemption and Special Need Requests,,§ 301.1-1 Definitions.,APHIS,,,,"Administrator. The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Biological control organism. Any enemy, antagonist, or competitor used to control a plant pest or noxious weed. Interstate commerce. Trade, traffic, or other commerce (1) From one State into or through any other State or (2) Within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Move (moved, movement). Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved. Noxious weed. Any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health or the environment. Plant pest. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or parts thereof or any processed, manufactured, or other products of plants. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States." 7:7:5.1.1.1.2.1.9.3,7,Agriculture,III,,301,PART 301—DOMESTIC QUARANTINE NOTICES,A,Subpart A—Preemption and Special Need Requests,,§ 301.1-2 Criteria for special need requests.,APHIS,,,,"(a) A special need request, as described in § 301.1, may be generated by a State or a political subdivision of a State. If the request is generated by a political subdivision of a State, the request must be submitted to APHIS through the State. States may also collaborate with other States to submit multi-State special need requests. However, if submitted, the multi-State special need request must include information in sufficient detail to allow APHIS to analyze the impacts on each State on an individual basis. All special need requests must be signed by the executive official or officials or by a plant protection official or officials of the State(s) making the request and must contain the following: (1) Data drawn from a scientifically sound detection survey, showing that the biological control organism, noxious weed, or plant pest of concern does not exist in the State or political subdivision or, if already present in the State or political subdivision, the distribution of the biological control organism, noxious weed, or plant pest of concern; (2) If the biological control organism, noxious weed, or plant pest is not present in the State or political subdivision, a risk analysis or other scientific data showing that the biological control organism, noxious weed, or plant pest could enter the State or political subdivision and become established; (3) Specific information showing that, if introduced into or allowed to spread within the State or political subdivision, the biological control organism, noxious weed, or plant pest would harm or injure the environment or agricultural resources in the State or political subdivision. The request should contain detailed information, including quantitative estimates, if available, about what harm or injury would result from the introduction or dissemination of the biological control organism, noxious weed, or plant pest in the State or political subdivision; (4) Specific information showing that the State or political subdivision has characteristics that make it particularly vulnerable to the biological control organism, noxious weed, or plant pest, such as unique plants, diversity of flora, historical concerns, or any other special basis for the request for additional restrictions or prohibitions; and (5) Information detailing the proposed additional prohibitions or restrictions and scientific data demonstrating that the proposed additional prohibitions or restrictions are necessary and adequate, and that there is no less drastic action that is feasible and that would be adequate, to prevent the introduction or spread of the biological control organism, noxious weed, or plant pest in the State or political subdivision. (b) All special need requests must be submitted to the Deputy Administrator for Plant Protection and Quarantine, APHIS, USDA, Jamie L. Whitten Federal Building, 14th Street and Independence Avenue, SW., Room 301-E, Washington, DC 20250."