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| 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 characte… | |||||||
| 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 Actin… | |||||||
| 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 pharmac… | |||||||
| 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 a… | |||||||
| 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… | |||||||
| 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 infor… | |||||||
| 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 … | |||||||
| 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… | ||||||
| 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 Unite… | ||||||
| 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 me… | ||||||
| 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 m… | ||||||
| 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 extendin… | ||||||
| 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 den… | ||||||
| 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 sough… | ||||||
| 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 proce… | ||||||
| 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 … | ||||||
| 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 perm… | ||||||
| 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… | ||||||
| 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 Charlesto… | |||||||
| 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 ye… | |||||||
| 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-govern… | ||||||
| 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 withdrawa… | ||||||
| 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 performe… | ||||||
| 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 administ… | ||||||
| 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.… | ||||||
| 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 agreem… | ||||||
| 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.… | ||||
| 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 busin… | ||||
| 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… | ||||
| 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, … | |||||
| 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 inspecti… | ||||
| 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… | |||||
| 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 prov… | |||||||
| 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 witho… | |||||||
| 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, dep… | ||||||
| 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 pers… | ||||||
| 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 Limn… | ||||||
| 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 … | ||||||
| 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 wro… | ||||||
| 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— … | |||||||
| 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 … | |||||||
| 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… | |||||||
| 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 compon… | |||||||
| 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… | ||||||
| 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 o… | |||||||
| 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 p… |
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