cfr_sections
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8 rows where agency = "APHIS" and part_number = 355 sorted by section_id
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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:5.1.1.1.15.1.47.1 | 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… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);