cfr_sections
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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 |
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| 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… | |||||
| 7:7:5.1.1.1.2.1.9.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | A | Subpart A—Preemption and Special Need Requests | § 301.1-3 Action on special need requests. | APHIS | (a) Upon receipt of a complete special need request submitted in accordance with § 301.1-2, APHIS will publish a notice in the Federal Register to inform the public of the special need request and to make the request and its supporting information available for review and comment for at least 60 days. (b) Following the close of the comment period, APHIS will publish another notice announcing the Administrator's decision to either grant or deny the special need request. The Administrator's determination will be based upon the evaluation of the information submitted by the State or political subdivision of a State in support of its request and would take into account any comments received. (1) If the Administrator grants the special need request, the State or political subdivision of a State will be authorized to impose only the specific prohibitions or restrictions identified in the request and approved by APHIS. APHIS will coordinate with the State, or with the State on behalf of the political subdivision of the State, to ensure that the additional prohibitions or restrictions are in accord with the special need exception granted by the Administrator. (2) If the Administrator denies the special need request, the State or political subdivision of a State will be notified in writing of the reason for the denial and may submit any additional information the State or political subdivision of a State may have in order to request a reconsideration. (c) If granted, a special need exception will be applicable for 2 years, at the end of which the State or political subdivision of a State must submit a request for renewal of the exception. A special need renewal request must address the same criteria as the initial request submitted under § 301.1-2 and must show that a special need still exists that warrants the continuation of the special need exception. The renewal must be submitted no sooner than 6 months and no later than 3 months prior to the end of the 2-year applicability period for the initial exception. Once… | |||||
| 7:7:5.1.1.1.2.11.11.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55 Restrictions on interstate movement of regulated articles. | APHIS | No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 Any properly identified inspector is authorized, upon probable cause, to stop and inspect persons and means of conveyance moving in interstate commerce and to hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). | |||||
| 7:7:5.1.1.1.2.11.11.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-9 Costs and charges. | APHIS | The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for all costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. | |||||
| 7:7:5.1.1.1.2.11.11.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-1 Definitions. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80007, Dec. 29, 2022] | Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Cactus plants. Any of various fleshy-stemmed plants of the botanical family Cactaceae. Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of South American cactus moth and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.55-4(c). Infestation. The presence of the South American cactus moth or the existence of circumstances that makes it reasonable to believe that the South American cactus moth may be present. Inspector. Any employee of APHIS or other person authorized by the Administrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.55-5(b) only to a specified destination and only in accordance with specified conditions. Moved (move, movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partner… | ||||
| 7:7:5.1.1.1.2.11.11.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-2 Regulated articles. | APHIS | [87 FR 80007, Dec. 29, 2022] | (a) List of regulated articles. The Administrator has determined that certain articles present a risk of spreading the South American cactus moth. A list of all such regulated articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth. Lists of all regulated articles may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (b) Normal process for designating additional regulated articles. (1) If the Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth presents a risk of spreading South American cactus moth, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for South American cactus moth. The notice will provide the basis for this determination, and will request public comment. (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register designating the article as a regulated article for South American cactus moth and listing it. (c) Immediate designation of regulated articles. An inspector may designate any other product, article, or means of conveyance not listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth as a regulated article if the inspector determines it presents a risk of spreading the South American cactus moth, after the inspector provides written notification to the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of this subpart. | ||||
| 7:7:5.1.1.1.2.11.11.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-3 Quarantined areas. | APHIS | [87 FR 80007, Dec. 29, 2022] | (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area each State, or each portion of a State, in which the South American cactus moth has been found by an inspector, in which the Administrator has reason to believe that the South American cactus moth is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities where South American cactus moth has been found. The Administrator will publish a list of all quarantined areas (the quarantine list) on the Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth. The list will include the date that the list was last updated. Lists of all quarantined areas may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, APHIS will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined areas. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will be adequate to prevent the interstate spread of the South American cactus moth. (b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give a copy of this subpart alon… | ||||
| 7:7:5.1.1.1.2.11.11.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-4 Conditions governing the interstate movement of regulated articles from quarantined areas. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | Any regulated article may be moved interstate from a quarantined area 1 only if moved under the following conditions: 1 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. (a) With a certificate or limited permit issued and attached in accordance with §§ 301.555 and 301.55-8; (b) Without a certificate or limited permit if: (1) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent access by South American cactus moths while moving through the quarantined area; and (2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area; and (3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs. (c) Without a certificate or limited permit if the regulated articles are cactus pads and fruits for consumption from outside the quarantined area that are being moved in accordance with the protocols described in a compliance agreement (see § 301.55-6(a)) to a commercial food warehouse or distribution center within the quarantined area and the regulated articles remain enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent access by South American cactus moths while within the quarantined area: and (d) Without a certificate or limited permit if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or scientific purposes; (2) Pursuant to a departmental permit issued by the Administrator for the regulated article; (3) Under conditions specified on the departmental permit and found by the Administrator to be adequate to prevent the spread of the South American … | ||||
| 7:7:5.1.1.1.2.11.11.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-5 Issuance and cancellation of certificates and limited permits. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | (a) An inspector 1 may issue a certificate for the interstate movement of a regulated article if the inspector determines that: 1 Services of an inspector may be requested by contacting local offices of Plant Protection and Quarantine, which are listed in telephone directories. (1) The regulated article to be moved and all other regulated articles on the premises have been grown and maintained indoors in a shadehouse or greenhouse and no other cactus moth host material exists on the premises outside of a shadehouse or greenhouse; (2) The regulated article to be moved and all other regulated articles on the premises are maintained on benches that are kept separate from benches containing non-host material; (3) The regulated article to be moved and all other regulated articles on the premises have been placed on a 21-day insecticide spray cycle and have been sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid if maintained in the nursery for longer than 21 days; (4) The regulated article to be moved has been sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid 3 to 5 days prior to shipment and inspected and found free of cactus moth egg sticks and larval damage; and (5) If the regulated article was moved into the premises from another premises in a quarantined area listed in § 301.55-3, it was immediately placed inside the shadehouse or greenhouse and sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid within 24 hours. (b) An inspector will issue a limited permit for the interstate movement of a regulated article if the inspector determines that: (1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the South American cactus moth because life stages of the South American … | ||||
| 7:7:5.1.1.1.2.11.11.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-6 Compliance agreements and cancellation. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person is aware of this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. 1 1 Compliance agreement forms are available without charge from local Plant Protection and Quarantine offices, which are listed in telephone directories. (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart or the terms of the compliance agreement. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. | ||||
| 7:7:5.1.1.1.2.11.11.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-7 Assembly and inspection of regulated articles. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | (a) Any person (other than a person authorized to issue limited permits under § 301.555(c)) who desires a certificate or limited permit to move a regulated article interstate must request an inspector 1 to examine the articles as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired interstate movement. 1 See footnote 1 in § 301.55-5. (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. | ||||
| 7:7:5.1.1.1.2.11.11.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-8 Attachment and disposition of certificates and limited permits. | APHIS | (a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated article; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee's copy of the accompanying waybill. If the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. | |||||
| 7:7:5.1.1.1.2.12.11.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74 Restrictions on interstate movement of regulated articles. | APHIS | [65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001] | No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 Any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, qurantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles a provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). | ||||
| 7:7:5.1.1.1.2.12.11.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-1 Definitions. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | The following definitions apply to this subpart. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.74-4. Infestation (infested, infected). The presence of plum pox or circumstances or symptoms that makes it reasonable to believe that plum pox is present. Inspector. Any employee of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or other person authorized by the Administrator to enforce this subpart. Interstate. From any State into or through any other State. Moved (move, movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Plant Protection and Quarantine. Plant Protection and Quarantine, Animal and Plant Health Inspection Service, United States Department of Agriculture. Plum pox. A plant disease caused by plum pox potyvirus that can affect many Prunus (stone fruit) species, including, but not limited to, almond, apricot, nectarine, peach, plum, and sweet and tart cherry. The strain of plum pox in Pennsylvania does not affect cherry trees. Quarantined area. Any State, or any portion of a State, listed in accordance with § 301.74-3(a) or otherwise designated as a quarantined area in accordance with § 301.74-3(b). Regulated article. Any article identified as a regulated article under § 301.74-2 as follows: liste… | ||||
| 7:7:5.1.1.1.2.12.11.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-2 Regulated articles. | APHIS | [87 FR 80008, Dec. 29, 2022] | (a) The Administrator has determined that certain articles present a risk of spreading plum pox. A list of all such articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox. Lists of all regulated articles may also be obtained by request from any local Plant Protection and Quarantine (PPQ) office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (1) If the Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox presents a risk of spreading plum pox, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for plum pox. The notice will provide the basis for this determination, and will request public comment. (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register designating the article as a regulated article for plum pox and listing it. (b) An inspector may designate any other product or article as a regulated article, if the inspector determines it to present a risk of spreading plum pox, and after the inspector notifies the person in possession of the product or article that it is subject to the restrictions in this subpart. | ||||
| 7:7:5.1.1.1.2.12.11.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-3 Quarantined areas. | APHIS | [87 FR 80008, Dec. 29, 2022] | (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area each State, or each portion of a State, in which plum pox has been detected through inspection and laboratory testing, or in which the Administrator has reason to believe that plum pox is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which plum pox has been detected. The Administrator will publish a list of all quarantined areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox. The list will include the date that the list was last updated. Lists of all quarantined areas may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, APHIS will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined areas. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the interstate spread of plum pox. (b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with paragraph (a) of this section. The Administrator will give a copy of this subpart along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, t… | ||||
| 7:7:5.1.1.1.2.12.11.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-4 Conditions governing the interstate movement of regulated articles from quarantined areas. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80009, Dec. 29, 2022] | The interstate movement of any regulated article from a quarantined area 1 is prohibited except when: 1 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. (a) The regulated article is moved by the United States Department of Agriculture: (1) For an experimental or scientific purpose; (2) Pursuant to a Departmental permit issued by the Administrator for the regulated article; (3) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of plum pox; and (4) With a tag or label bearing the number of the Departmental permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container; or (b) The regulated article originated outside the quarantined area and: (1) Is moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or other closely woven cloth) adequate to prevent access by aphids or other transmission agents of plum pox while in the quarantined area; (2) The regulated article's point of origin is indicated on the waybill; and (3) The regulated article must not be uncovered, unpacked, or unloaded while moving through the quarantined area. | ||||
| 7:7:5.1.1.1.2.12.11.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-5 Compensation. | APHIS | [65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004; 77 FR 5383, Feb. 3, 2012] | (a) Eligibility. The following individuals are eligible to receive compensation from the U.S. Department of Agriculture to mitigate losses or expenses incurred because of the plum pox quarantine and emergency actions: (1) Owners of commercial stone fruit orchards. Owners of commercial stone fruit orchards are eligible to receive compensation for losses associated with the destruction of trees in order to control plum pox pursuant to an emergency action notification issued by the Animal and Plant Health Inspection Service (APHIS). (i) Direct marketers. Orchard owners eligible for compensation under this paragraph who market all fruit they produce under the conditions described in this paragraph may receive compensation at the rates specified in paragraph (b)(1)(i) of this section. In order to be eligible to receive compensation at the rates specified in paragraph (b)(1)(i) of this section, orchard owners must have marketed fruit produced in orchards subsequently destroyed because of plum pox under the following conditions: (A) The fruit must have been sold exclusively at farmers markets or similar outlets that require orchard owners to sell only fruit that they produce; (B) The fruit must not have been marketed wholesale or at reduced prices in bulk to supermarkets or other retail outlets; (C) The fruit must have been marketed directly to consumers; and (D) Orchard owners must have records documenting that they have met the requirements of this section, and must submit those records to APHIS as part of their application submitted in accordance with paragraph (c) of this section. (ii) All other orchard owners. Orchard owners eligible for compensation under this paragraph who do not meet the requirements of paragraph (a)(1)(i) of this section are eligible for compensation only in accordance with paragraph (b)(1)(ii) of this section. (2) Owners of fruit tree nurseries. The owner of a fruit tree nursery will be eligible to receive compensation for net revenue losses associated with the prohibition on… | ||||
| 7:7:5.1.1.1.2.13.11.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-1 Definitions. | APHIS | [55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996; 65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001; 71 FR 33172, June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007; 74 FR 54444, Oct. 22, 2009; 76 FR 23457, Apr. 27, 2011; 87 FR 80009, Dec. 29, 2022; 88 FR 85470, Dec. 8, 2023] | ACC coverage. The crop insurance coverage against Asiatic citrus canker (ACC) provided under the Florida Fruit Tree Pilot Crop Insurance Program authorized by the Federal Crop Insurance Corporation. Administrator. The Administrator of the Animal and Plant Health Inspection Service or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Budded citrus nursery stock. Liners or rootstock citrus plants that have been grafted with a portion of a stem or branch with a vegetative bud (also known as budwood) that are maintained 1 month after grafting or until the plant reaches marketability. Budded container/greenhouse grown citrus plants. Individual, budded citrus nursery stock maintained in climate-controlled greenhouses in 4-or 6-inch diameter pots until it is sold for commercial use. Budded field grown citrus plants. Individual, budded citrus nursery stock maintained in the fields until it is sold for commercial use. Certificate. An official stamp, form, or other document of the United States Department of Agriculture authorizing the interstate movement of a regulated article from a quarantined area into any area of the United States. Certified citrus nursery stock. Citrus nursery stock, such as trees or plants, grown at a nursery that is in compliance with State certification requirements and approved for producing citrus nursery stock for commercial sale. Citrus canker. A plant disease caused by strains of the bacterium Xanthomonas citri. subsp. citri. Commercial citrus grove. An establishment maintained for the primary purpose of producing citrus fruit for commercial sale. Commercial citrus nursery. An establishment engaged in, but not limited to, the production of certified citrus nursery stock, including plants for planting or replanting in commercial groves or for wholesale or retail sales. Commercial citrus-producing area. Any area designated as … | ||||
| 7:7:5.1.1.1.2.13.11.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-10 Interstate movement of regulated articles through a quarantined area. | APHIS | [55 FR 37452, Sept. 11, 1990, as amended at 87 FR 80010, Dec. 29, 2022] | Any regulated article not produced in a quarantined area may be moved interstate through a quarantined area, without a certificate, limited permit, or Departmental permit, if all of the following conditions are met: (a) The regulated article is accompanied by either: A receipt showing that the regulated article was purchased outside the quarantined area, or a bill of lading stating the location of the premises where the shipment originated, the type and quantity of regulated articles being moved interstate, and the date the interstate movement began. (b) The regulated article is moved through the quarantined area without being unloaded, and no regulated article, except regulated fruit that qualifies for interstate movement from the quarantined area in accordance with § 301.75-7, is added to the shipment in the quarantined area. (c) The regulated article is completely covered, or enclosed in containers or in a compartment of a vehicle, during movement through the quarantined area, except that, covering or enclosure is not required if the regulated article is moved through the quarantined area without stopping, except for refueling or for traffic conditions, such as traffic lights or stop signs. | ||||
| 7:7:5.1.1.1.2.13.11.11 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-11 [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.2.13.11.12 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-12 Certificates and limited permits. | APHIS | [55 FR 37453, Sept. 11, 1990, as amended at 72 FR 13428, Mar. 22, 2007; 74 FR 16104, Apr. 9, 2009; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8, 2023] | (a) Issuance and withdrawal. (1) Certificates and limited permits may be issued for the interstate movement of regulated articles only by an inspector or by persons operating under a compliance agreement. (2) A certificate or limited permit may be withdrawn by an inspector if the inspector determines that any of the applicable requirements of this subpart have not been met. The decision of the inspector and the reason for the withdrawal must be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit is withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Administrator must grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (b) Attachment and disposition. (1) Except as provided in § 301.75-6(b)(8) for kumquat plants, or in § 301.75-6(c)(4) through (c)(5) for any regulated nursery stock, certificates and limited permits accompanying regulated articles interstate must be attached during the interstate movement to one of the following: (i) The outside of the regulated article, if the regulated article is not packed in a container, or (ii) The outside of the container in which the regulated article is packed, or (iii) The consignee's copy of the accompanying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated article to be identified. (2) Certificates and limited permits accompanying regulated articles interstate must be given to the consignee at the point of destination. | ||||
| 7:7:5.1.1.1.2.13.11.13 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-13 Compliance agreements. | APHIS | [55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8, 2023] | (a) Eligibility. Any person engaged in the business of growing or handling regulated articles for interstate movement may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate the interstate movement of regulated articles in accordance with this subpart. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Animal and Plant Health Inspection Service (listed in local telephone directories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (b) Cancellation. Any compliance agreement may be cancelled orally or in writing by an inspector if the inspector finds that the person who entered into the compliance agreement has failed to comply with this subpart, or any term or condition of the compliance agreement itself. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be provided as promptly as circumstances allow. Any person whose compliance agreement is cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. | ||||
| 7:7:5.1.1.1.2.13.11.14 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-14 Costs and charges. | APHIS | [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990] | The services of the inspector shall be furnished without cost. The United States Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions in this subpart, other than for the services of the inspector. | ||||
| 7:7:5.1.1.1.2.13.11.15 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-15 Funds for the replacement of commercial citrus trees. | APHIS | [65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001] | Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive funds to replace commercial citrus trees in accordance with the provisions of this section. (a) Eligibility. The owner of a commercial citrus grove may be eligible to receive funds to replace commercial citrus trees removed to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995. (b) Tree replacement payments. The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive funds to replace commercial citrus trees will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment of $26 per tree up to the following per-acre maximum payments: (c) How to apply for tree replacement funds. The form necessary to apply for funds to replace commercial citrus trees may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the number and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Tree Replacement Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 33881. Claims for trees destroyed on or before October 16, 2000, must have been received on or before December 15, 2000. Claims for trees destroyed after October 16, 2000, must be received within 60 days after the destruction of the trees. The Administrator may, on a case-by-case basis, approve the consideration of late claims when it appears that the claim was late through no fault of the owner of the trees, in the opinion of the Administrator. However, any request for consideration of a l… | ||||
| 7:7:5.1.1.1.2.13.11.16 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-16 Payments for the recovery of lost production income. | APHIS | [66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001; 71 FR 33172, June 8, 2006] | Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive payments in accordance with the provisions of this section to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker. (a) Eligibility. The owner of a commercial citrus grove may be eligible to receive payments to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995. (b) Calculation of payments. (1) The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive payments to recover lost production income will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment calculated using the following rates: (2) Payment adjustments. (i) In cases where the owner of a commercial citrus grove had obtained ACC coverage for trees in his or her grove and received crop insurance payments following the destruction of the insured trees, the payment provided for under paragraph (b)(1) of this section will be reduced by the total amount of the crop insurance payments received by the commercial citrus grove's owner for the insured trees. (ii) In cases where ACC coverage was available for trees in a commercial citrus grove but the owner of the grove had not obtained ACC coverage for his or her insurable trees, the per-acre payment provided for under paragraph (b)(1) of this section will be reduced by 5 percent. (c) How to apply for lost production payments. The form necessary to apply for lost production payments may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public… | ||||
| 7:7:5.1.1.1.2.13.11.17 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-17 Funds for the replacement of certified citrus nursery stock. | APHIS | [71 FR 33172, June 8, 2006] | Subject to the availability of appropriated funds, a commercial citrus nursery may be eligible to receive funds to replace certified citrus nursery stock in accordance with the provisions of this section. (a) Eligibility. A commercial citrus nursery may be eligible to receive funds to replace certified citrus nursery stock removed to control citrus canker if the nursery stock was removed pursuant to a public order after September 30, 2001, and before January 10, 2006. (b) Certified citrus nursery stock payments. A commercial citrus nursery that is eligible under paragraph (a) of this section to receive funds to replace certified citrus nursery stock will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment calculated using the following rates: (c) How to apply for certified nursery stock replacement funds. The form necessary to apply for funds to replace certified nursery stock may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the number and type of the certified nursery stock removed. If the certified nursery stock was planted in pots, the inventory should specify the size of the container. If the certified nursery stock was bare root plants or in a temporary container, the inventory should specify whether the plant was non-budded or budded. The completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Compensation, 10300 Sunset Dr., Suite 150, Miami, FL 33173. Claims for certified nursery stock must be received by August 7, 2006. | ||||
| 7:7:5.1.1.1.2.13.11.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-2 General prohibitions. | APHIS | [55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990; 72 FR 13427, Mar. 22, 2007] | (a) Regulated articles may not be moved interstate from a quarantined area except in accordance with a protocol in §§ 301.75-6, 301.75-7, or 301.75-8, or in accordance with § 301.75-4 if less than an entire State is designated as a quarantined area. Regulated articles may be moved in accordance with the regulations in § 301.75-9 for scientific or experimental purposes only. (b) Regulated articles moved from a quarantined area with a limited permit may not be moved interstate into any commercial citrus-producing area, except as follows: The regulated articles may be moved through a commercial citrus-producing area if they are covered, or enclosed in containers or in a compartment of a vehicle, while in the commercial citrus-producing area, and are not unloaded in the commercial citrus-producing area without the permission of an inspector. (c) Regulated articles moved interstate with a limited permit to an area of the United States that is not a commercial citrus-producing area may not subsequently be moved interstate into any commercial citrus-producing area. | ||||
| 7:7:5.1.1.1.2.13.11.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-3 Regulated articles. | APHIS | [87 FR 80009, Dec. 29, 2022] | (a) List of regulated articles. The Administrator has determined that certain articles present a risk of spread of citrus canker. A list of all such regulated articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker. Lists of all regulated articles may also be obtained by request from any local Plant Protection and Quarantine (PPQ) office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (b) Normal process for designating additional regulated articles. (1) If the Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker presents a risk of spread of citrus canker, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for citrus canker. The notice will provide the basis for this determination, and will request public comment. (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register designating the article as a regulated article for citrus canker and listing it. (c) Immediate designation of regulated articles. An inspector may designate any other product, article, or means of conveyance as a regulated article, if the inspector determines that it presents a risk of spread of citrus canker and the person in possession thereof has actual notice that the product, article, or means of conveyance is subject to the provisions of this subpart. | ||||
| 7:7:5.1.1.1.2.13.11.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-4 Quarantined areas. | APHIS | [87 FR 80009, Dec. 29, 2022] | (a) Quarantined areas. The Administrator will list as a quarantined area each State or portion of a State in which an infestation of citrus canker is found. The Administrator will publish a list of all quarantined areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker. The list will include the date that the list was last updated. Lists of all quarantined areas may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, APHIS will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined areas. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) Survey. No area has been designated a survey area. (2) Intrastate movement of regulated articles. The State enforces restrictions on the intrastate movement of regulated articles from the quarantined area that are at least as stringent as those on the interstate movement of regulated articles from the quarantined area, except as follows: (i) Regulated fruit may be moved intrastate from a quarantined area for processing into a product other than fresh fruit if all of the following conditions are met: (A) The regulated fruit is accompanied by a document that states the location of the grove in which the regulated fruit was produced, the variety and quantity of regulated fruit being moved intrastate, the address to which the regulated fruit will be delivered for processing, and the date the intrastate movement began; (B) The regulated fruit and any leaves and litter are completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement; (C) The vehicles, covers, and a… | ||||
| 7:7:5.1.1.1.2.13.11.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-5 Commercial citrus-producing areas. | APHIS | [50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986, as amended at 53 FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 FR 37450, Sept. 11, 1990; 88 FR 85470, Dec. 8, 2023] | (a) The areas as shown in the following table are designated as commercial citrus-producing areas: Table 1 to Paragraph ( a ) (b) The list in paragraph (a) of this section is intended to include jurisdictions which have commercial citrus-producing areas. Less than an entire State may be designated as a commercial citrus-producing area only if the Administrator determines that the area not included as a commercial citrus-producing area does not contain commercial citrus plantings; that the State has adopted and is enforcing a prohibition on the intrastate movement from areas not designated as commercial citrus-producing areas to commercial citrus-producing areas of fruit which are designated as regulated articles and which were moved interstate from a quarantined State pursuant to a limited permit; and that the designation of less than the entire State as a commercial citrus-producing area will otherwise be adequate to prevent the interstate spread of citrus canker. | ||||
| 7:7:5.1.1.1.2.13.11.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-6 Interstate movement of regulated nursery stock from a quarantined area. | APHIS | [72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75 FR 4240, Jan. 26, 2010; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8 2023] | (a) Regulated nursery stock may not be moved interstate from a quarantined area unless such movement is authorized in this section. (b) Kumquat ( Fortunella spp.) plants, with or without fruit attached, may be moved interstate from a quarantined area into any area of the United States except commercial citrus-producing areas if all of the following conditions are met: (1) The plants are own-root-only and have not been grafted or budded; (2) The plants are started, are grown, and have been maintained solely at the nursery from which they will be moved interstate. (3) If the plants are not grown from seed, then the cuttings used for propagation of the plants are taken from plants located on the same nursery premises or from another nursery that is eligible to produce kumquat plants for interstate movement under the requirements of this paragraph (b). Cuttings may not be obtained from properties where citrus canker is present. (4) All citrus plants at the nursery premises have undergone State inspection and have been found to be free of citrus canker no less than three times. The inspections must be at intervals of 30 to 45 days, with the most recent inspection being within 30 days of the date on which the plants are removed and packed for shipment. (5) All vehicles, equipment, and other articles used in providing inspection, maintenance, or related services in the nursery must be treated in accordance with part 305 of this chapter before entering the nursery to prevent the introduction of citrus canker. All personnel who enter the nursery to provide these services must be treated in accordance with part 305 of this chapter before entering the nursery to prevent the introduction of citrus canker. (6) If citrus canker is found in the nursery, all regulated plants and plant material must be removed from the nursery and all areas of the nursery's facilities where plants are grown and all associated equipment and tools used at the nursery must be treated in accordance with part 305 of this chapter in order for t… | ||||
| 7:7:5.1.1.1.2.13.11.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-7 Interstate movement of regulated fruit from a quarantined area. | APHIS | [74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010; 88 FR 85470, Dec. 8, 2023] | (a) Regulated fruit produced in a quarantined area or moved into a quarantined area for packing may be moved interstate with a certificate issued and attached in accordance with § 301.75-12 if all of the following conditions are met: (1) The regulated fruit was packed in a commercial packinghouse whose owner or operator has entered into a compliance agreement with APHIS in accordance with § 301.75-13. (2) The regulated fruit was treated in accordance with part 305 of this chapter. (3) The regulated fruit is free of leaves, twigs, and other plant parts, except for stems that are less than 1 inch long and attached to the fruit. (4) If the fruit is repackaged after being packed in a commercial packinghouse and before it is moved interstate from the quarantined area, the person that repackages the fruit must enter into a compliance agreement with APHIS in accordance with § 301.75-13 and issue and attach a certificate for the interstate movement of the fruit in accordance with § 301.75-12. (b) Regulated fruit that is not eligible for movement under paragraph (a) of this section may be moved interstate only for immediate export. The regulated fruit must be accompanied by a limited permit issued in accordance with § 301.75-12 and must be moved in a container sealed by APHIS directly to the port of export in accordance with the conditions of the limited permit. | ||||
| 7:7:5.1.1.1.2.13.11.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-8 Interstate movement of regulated seed from a quarantined area. | APHIS | [55 FR 37452, Sept. 11, 1990, as amended at 75 FR 4240, Jan. 26, 2010; 87 FR 80010, Dec. 29, 2022] | Regulated seed may be moved interstate from a quarantined area into any area of the United States if all of the following conditions are met: (a) During the 2 years before the interstate movement, no plants or plant parts infected with or exposed to citrus canker were found in the grove or nursery producing the fruit from which the regulated seed was extracted. (b) The regulated seed was treated in accordance with part 305 of this chapter. (c) The regulated seed is accompanied by a certificate issued in accordance with § 301.75-12. | ||||
| 7:7:5.1.1.1.2.13.11.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-9 Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes. | APHIS | [50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] | A regulated article may be moved interstate from a quarantined area if: (a) Moved by the United States Department of Agriculture for experimental or scientific purposes; (b) Moved pursuant to a Departmental permit issued for such article by the Administrator; (c) Moved in accordance with conditions specified on the Departmental permit and determined by the Administrator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing, growing, shipment, disposal; and (d) Moved with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article. | ||||
| 7:7:5.1.1.1.2.14.12.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76 Restrictions on the interstate movement of regulated articles. | APHIS | No person may move interstate from any quarantined area any articles regulated for citrus greening and Asian citrus psyllid, except in accordance with this subpart. 1 1 In order to enforce this section, any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of host articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). | |||||
| 7:7:5.1.1.1.2.14.12.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-9 Inspection of regulated nursery stock. | APHIS | [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 87 FR 80011, Dec. 29, 2022] | All nursery stock intended for interstate movement for immediate export from an area quarantined for citrus greening, must be inspected by an inspector 1 no more than 72 hours prior to movement. The person who desires to move the articles interstate must notify the inspector as far in advance of the desired interstate movement as possible. The articles must be inspected at the place and in the manner the inspector designates as necessary to comply with this subpart. If the inspector has reason to believe that the interstate movement of the articles may lead to the artificial spread of citrus greening or Asian citrus psyllid, he or she may deny issuance of a limited permit for interstate movement of the article or take other remedial measures to prohibit such spread. 1 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, MD 20737-1236. | ||||
| 7:7:5.1.1.1.2.14.12.11 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-10 Attachment and disposition of certificates and limited permits. | APHIS | (a) A certificate or limited permit required for the interstate movement of a regulated article, or a copy thereof, must, at all times during the interstate movement, be: (1) Attached to or legibly printed on the outside of the container containing the regulated article or attached to the regulated article itself, if the article is not packed in a container; and (2) Attached to or legibly printed on the sealed container in which the article is shipped; and (3) Attached to the consignee's copy of the accompanying waybill. The host article must be sufficiently described on the certificate or limited permit and on the waybill to identify the article. (b) The certificate or limited permit for the interstate movement of a host article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. | |||||
| 7:7:5.1.1.1.2.14.12.12 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-11 Costs and charges. | APHIS | The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. | |||||
| 7:7:5.1.1.1.2.14.12.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-1 Definitions. | APHIS | [75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012; 87 FR 80010, Dec. 29, 2022] | Administrator. The Administrator of the Animal and Plant Health Inspection Service or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Asian citrus psyllid. The insect known as Asian citrus psyllid ( Diaphorina citri Kuwayama) in any stage of development. Certificate. A document, stamp, or other means of identification approved by APHIS and issued by an inspector or person operating under a compliance agreement when he or she finds that, because of certain conditions, a regulated article can be moved safely from an area quarantined for Asian citrus psyllid and/or citrus greening without spreading the psyllid or the disease. Citrus greening. A plant disease, also commonly referred to as Huanglongbing disease of citrus, that is caused by several strains of the uncultured, phloem-limited bacterial pathogen “ Candidatus Liberibacter asiaticus”. Commercial citrus grove. A solid-set planting of trees maintained for the primary purpose of producing citrus fruit for commercial sale. Compliance agreement. A written agreement between APHIS and a person engaged in the business of growing, maintaining, processing, handling, packing, or moving regulated articles for interstate movement, in which the person agrees to comply with this subpart. For the purposes of this subpart, a memorandum of understanding is considered a compliance agreement. EPA. The U.S. Environmental Protection Agency. Established population. Presence of Asian citrus psyllid within an area that the Administrator determines is likely to persist for the foreseeable future. Inspector. An individual authorized by the Administrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued by an inspector or person operating under a compliance agreement to allow the interstate movement of regulated art… | ||||
| 7:7:5.1.1.1.2.14.12.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-2 Regulated articles for Asian citrus psyllid and citrus greening. | APHIS | [87 FR 80010, Dec. 29, 2022] | (a) List of regulated articles. The Administrator has determined that certain articles present a risk of spreading Asian citrus psyllid and/or citrus greening. A list of all such regulated articles is located at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/acp and www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greening, respectively. The list indicates whether the article is a regulated article for both citrus greening and Asian citrus psyllid, or just one of these two pests. Lists of all regulated articles may also be obtained by request from any local Plant Protection and Quarantine office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (b) Normal process for designating additional regulated articles. (1) If the Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/acpand/ or www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greeningpresentsariskofspreadingAsiancitruspsyllidand/ or citrus greening, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for either or both of these pests. The notice will provide the basis for this determination, and will request public comment. (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register designating the article as a regulated article and listing it. (c) Immediate designation of regulated articles. An inspector may designate any other product, article, or means of conveyance as a regulated article for Asian citrus psyllid and/or citrus greening, if the inspector determines that it presents… | ||||
| 7:7:5.1.1.1.2.14.12.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-3 Quarantined areas; citrus greening and Asian citrus psyllid. | APHIS | (a) The Administrator will designate an area as a quarantined area for citrus greening or as a quarantined area for Asian citrus psyllid in accordance with the criteria listed in paragraph (c) of this section. The Administrator will publish a description of all areas quarantined for citrus greening or Asian citrus psyllid on the Plant Protection and Quarantine (PPQ) Web site: ( http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/index.shtml ). The description of each quarantined area will include the date the description was last updated and a description of any changes that have been made to the quarantined area. Lists of all quarantined areas may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories and on the Internet at ( http://www.aphis.usda.gov/services/report_pest_disease/report_pest_disease.shtml ). After a change is made to the description of quarantined areas, we will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined areas. (b) Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area for citrus greening or the Asian citrus psyllid only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of citrus greening or Asian citrus psyllid. (c) Criteria for designation of a State, or a portion of a State, as a quarantined area for citrus greening or Asian citrus psyllid. (1) A State, or portion of a State, will be designated as a quarantined area for citrus greening when the presence of citrus greening is confirmed within the area by an APHIS-administered test. (2) A… | |||||
| 7:7:5.1.1.1.2.14.12.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-4 Labeling requirements for regulated nursery stock produced within an area quarantined for citrus greening. | APHIS | [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011] | (a) Effective September 15, 2010, except as provided in paragraphs (b) and (c) of this section, all regulated nursery stock offered for commercial sale within an area quarantined for citrus greening must have an APHIS-approved plastic or metal tag on which a statement alerting consumers to Federal prohibitions regarding the interstate movement of the article is prominently and legibly displayed. Alternatively, if the article is destined for commercial sale in a box or container, the statement may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement is prominently and legibly displayed. The operator of the site of propagation of the nursery stock and the person offering the plants for commercial sale are jointly responsible for all such labeling. (b) Nursery stock produced within a quarantined area for planting in a commercial citrus grove within that same area and moved directly to that grove, without movement outside of the quarantined area, may be moved without being labeled in accordance with paragraph (a) of this section. (c) Nursery stock that will be moved interstate in accordance with § 301.76-7 may be moved without being labeled in accordance with paragraph (a) of this section. | ||||
| 7:7:5.1.1.1.2.14.12.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-5 General conditions governing the issuance of any certificate or limited permit; provisions for cancellation of a certificate or limited permit. | APHIS | [75 FR 34332, June 17, 2010, as amended at 87 FR 80011, Dec. 29, 2022] | (a) Certificates. In addition to all other relevant conditions within this subpart, an inspector or person operating under a compliance agreement will issue a certificate only if a regulated article: (1) Will be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) 1 to prevent the spread of Asian citrus psyllid; and 1 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 414, 421, and 423 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). (2) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the article. (b) Limited permits. In addition to all other relevant conditions within this subpart, an inspector or person operating under a compliance agreement may issue a limited permit for the interstate movement of a regulated article only if the regulated article: (1) Is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit) and this movement of the regulated article will not result in the spread of citrus greening or the Asian citrus psyllid; (2) Is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of citrus greening and the Asian citrus psyllid; and (3) Is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the article. (c) Certificates and limited permits for the interstate movement of a regulated article may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a … | ||||
| 7:7:5.1.1.1.2.14.12.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-6 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quarantined for Asian citrus psyllid, but not for citrus greening. | APHIS | [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 78 FR 63367, Oct. 24, 2013; 87 FR 80011, Dec. 29, 2022] | (a) Additional conditions for issuance of a certificate; any regulated article. In addition to the general conditions for issuance of a certificate contained in § 301.76-5(a), an inspector or person operating under a compliance agreement may issue a certificate for the interstate movement of any regulated article to any State if: (1) The article is treated with methyl bromide 1 in accordance with 7 CFR part 305 of this chapter. 1 EPA and State and local environmental authorities may restrict the use of methyl bromide on certain articles. (2) The article is shipped in a container that has been sealed with an agricultural seal placed by an inspector. (3) The container that will be moved interstate is clearly labeled with the certificate. (4) A copy of the certificate will be attached to the consignee's copy of the accompanying waybill. (b) Additional conditions for issuance of a certificate; regulated nursery stock. In addition to the general conditions for issuance of a certificate contained in § 301.76-5(a), an inspector or person operating under a compliance agreement may issue a certificate for interstate movement of regulated nursery stock to any State if: (1) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding requirements, labeling requirements, and recordkeeping and inspection requirements specified in a PPQ protocol document. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 2 The compliance agreement may also specify additional conditions determined by APHIS to be necessary in order to prevent the spread of Asian citrus psyllid under which the nursery stock must be grown, maintained, and shipped in order to obtain a certificate for its movement. The compliance agreement will also specify that APHIS may amend the agreement. 2 … | ||||
| 7:7:5.1.1.1.2.14.12.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-7 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quarantined for citrus greening. | APHIS | [75 FR 34332, June 17, 2010, as amended at 76 FR 23458, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 87 FR 80011, Dec. 29, 2022] | (a) Additional conditions for the issuance of a certificate; regulated nursery stock produced within a nursery located in the quarantined area. In addition to the general conditions for issuance of a certificate contained in § 301.76-5(a), an inspector or person operating under a compliance agreement may issue a certificate for interstate movement of regulated nursery stock to any State if all of the following conditions are met: (1) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding requirements, labeling requirements, and recordkeeping and inspection requirements specified in a PPQ protocol document. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 1 The compliance agreement may also specify additional conditions determined by APHIS to be necessary in order to prevent the dissemination of citrus greening under which the nursery stock must be grown, maintained, and shipped in order to obtain a certificate for its movement. The compliance agreement will also specify that APHIS may amend the agreement. 1 The protocol document is also available on the Internet at http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/index.shtml and may be obtained from local Plant Protection and Quarantine offices, which are listed in telephone directories. (2) An inspector has determined that the nursery has adhered to all terms and conditions of the compliance agreement. (3) The nursery stock is completely enclosed in a sealed container that is clearly labeled with the certificate and is moved interstate in that container. (4) A copy of the certificate is attached to the consignee's copy of the accompanying waybill. (b) Additional conditions for issuance of a limited permit; regulated nursery stock grown, produced, or maintained at a nursery or oth… | ||||
| 7:7:5.1.1.1.2.14.12.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-8 Compliance agreements and cancellation. | APHIS | [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 87 FR 80011, Dec. 29, 2022] | (a) Any person involved in the growing, maintaining, processing, handling, packing, treating, or moving of regulating articles from areas quarantined for citrus greening or Asian citrus psyllid may enter into a compliance agreement when an inspector determines that the person understands this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. The person must also agree to maintain and offer for inspection such records as are necessary to demonstrate continual adherence to the requirements of the regulations and the provisions of the compliance agreement. 1 1 Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, MD 20737-1236, and from local offices of the Plant Protection and Quarantine offices, which are listed in telephone directories. (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart, or any term or condition of the compliance agreement itself. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongly canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. | ||||
| 7:7:5.1.1.1.2.15.12.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80 Quarantine; restriction on interstate movement of specified regulated articles. | APHIS | [87 FR 80011, Dec. 29, 2022] | (a) Notice of quarantine. Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary of Agriculture quarantines the States of North Carolina and South Carolina in order to prevent the spread of witchweed ( Striga spp.), a parasitic plant that causes a dangerous disease of corn, sorghum, and other crops of the grass family and is not widely prevalent or distributed within and throughout the United States. Through the aforementioned authorities, the Secretary imposes a quarantine on the States of North Carolina and South Carolina with respect to the interstate movement from those States of regulated articles, issues regulations in this subpart governing the movement of such articles, and gives notice of this quarantine action. (b) Quarantine restrictions on the interstate movement of regulated articles. No common carrier or other person shall move interstate from any quarantined State any regulated articles, except in accordance with the conditions prescribed in this subpart. (c) List of regulated articles. The Deputy Administrator has determined that certain articles present a hazard of spread of witchweed. A list of all such regulated articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program. Lists of all regulated articles may also be obtained by request from any local Plant Protection and Quarantine (PPQ) office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (d) Normal process for designating additional regulated articles. (1) If the Deputy Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program presents a hazard of spread of witchweed, APHIS will publish a notice in the Feder… | ||||
| 7:7:5.1.1.1.2.15.12.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-7 Attachment and disposition of certificates or permits. | APHIS | [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] | (a) If a certificate or permit is required for the interstate movement of regulated articles, the certificates or permit shall be securely attached to the outside of the container in which such articles are moved except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment. | ||||
| 7:7:5.1.1.1.2.15.12.11 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-8 Inspection and disposal of regulated articles and pests. | APHIS | [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976; 66 FR 21052, Apr. 27, 2001] | Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and witchweed as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in accordance with instructions issued by the Deputy Administrator. | ||||
| 7:7:5.1.1.1.2.15.12.12 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-9 Movement of witchweed. | APHIS | [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] | Regulations requiring a permit for, and otherwise governing the movement of witchweed in interstate or foreign commerce are contained in the Federal plant pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. | ||||
| 7:7:5.1.1.1.2.15.12.13 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-10 Nonliability of the Department. | APHIS | [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] | The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. | ||||
| 7:7:5.1.1.1.2.15.12.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-1 Definitions. | APHIS | [41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001; 87 FR 80011, Dec. 29, 2022] | Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean: Certificate. A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination. Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person. Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said Service to whom authority to act in his stead has been or may hereafter be delegated. Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws. Generally infested area. Any part of a regulated area not designated as a suppressive area in accordance with § 301.80-2. Infestation. The presence of witchweed or the existence of circumstances that make it reasonable to believe that witchweed is present. Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a specified destination for limited handling, utilization, or processing,… | ||||
| 7:7:5.1.1.1.2.15.12.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements. | APHIS | [87 FR 80012, Dec. 29, 2022] | (a) List of regulated areas and suppressive or generally infested areas. The Deputy Administrator will list as a regulated area each quarantined State, or portion of a State, in which witchweed has been found or in which there is reason to believe that witchweed is present or which it is deemed necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator may divide any regulated area into a suppressive area and generally infested area in accordance with definitions of these terms in § 301.80-1. The Deputy Administrator will publish a list of all regulated areas (the regulated areas list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program . The list will include the date that the list was last updated. Lists of all regulated areas may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd . After a change is made to the list of regulated areas, APHIS will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the regulated areas. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator determines that: (1) The State has adopted and is enforcing a quarantine which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the interstate spread of witchweed. (b) Temporary designation of regulated areas and suppressive or generally infested areas. The Deputy Administrator or an aut… | ||||
| 7:7:5.1.1.1.2.15.12.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-2a [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.2.15.12.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-2b [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.2.15.12.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-3 Conditions governing the interstate movement of regulated articles from quarantined States. | APHIS | [41 FR 27373, July 2, 1976, as amended at 87 FR 80012, Dec. 29, 2022] | (a) Any regulated articles, except soil samples for processing, testing, or analysis, may be moved interstate from any quarantined State under the following conditions: 1 (1) With certificate or permit issued and attached in accordance with §§ 301.80-4 and 301.80-7, if moved: (i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or (ii) From any generally infested area into or through any suppressive area; or (iii) Between any noncontiguous suppressive areas; or (iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the witchweed and the person in possession thereof has been so notified; or (v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or (2) Without certificate or permit if moved: (i) From any regulated area under the provisions of § 301.80-2 which exempt certain articles from certificate and permit requirements; or (ii) From a generally infested area to a contiguous generally infested area; or (iii) From a suppressive area to a contiguous generally infested area; or (iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the witchweed exists; or (v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or (3) From any area outside the regulated areas, if moved: (i) With a certificate or permit attached; or (ii) Without a certificate or permit, if: (A) The regulated articles are exempt from certification and permit requirements under the provisions of § 301.80-2; or (B) The point of origin of such moveme… | ||||
| 7:7:5.1.1.1.2.15.12.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-4 Issuance and cancellation of certificates and permits. | APHIS | [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] | (a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Have been treated to destroy infestation in accordance with the treatment manual; or (3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing, or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the treatment manual, when upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of witchweed and requirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart. (d) Scientific permits to allow the interstate movement of regulated articles, and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations, may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Administrator to prevent… | ||||
| 7:7:5.1.1.1.2.15.12.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-5 Compliance agreements; and cancellation thereof. | APHIS | [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] | (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector. (b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever he finds that such other party has failed to comply with the conditions of the agreement. As soon as possible after such cancellation, such party shall be notified in writing by the Deputy Administrator or an inspector of the reason therefor and afforded reasonable opportunity to present views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. | ||||
| 7:7:5.1.1.1.2.15.12.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | O | Subpart O—Witchweed | § 301.80-6 Assembly and inspection of regulated articles. | APHIS | [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] | Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.80-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such a manner as the inspector designates to facilitate inspection. | ||||
| 7:7:5.1.1.1.2.16.13.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81 Restrictions on interstate movement of regulated articles. | APHIS | No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. | |||||
| 7:7:5.1.1.1.2.16.13.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-9 Attachment and disposition of certificates and limited permits. | APHIS | [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] | (a) The consignor must ensure that the certificate or limited permit authorizing interstate movement of a regulated article is, at all times during interstate movement, attached to: (1) The outside of the container encasing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee's copy of the accompanying waybill: Provided, that the descriptions of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and (b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the shipment's destination. | ||||
| 7:7:5.1.1.1.2.16.13.11 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-10 Costs and charges. | APHIS | The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The United States Department of Agriculture will not be responsible for any other costs or charges. | |||||
| 7:7:5.1.1.1.2.16.13.12 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-11 Imported fire ant detection, control, exclusion, and enforcement program for nurseries producing containerized plants. | APHIS | [75 FR 4240, Jan. 26, 2010] | This detection, control, exclusion, and enforcement program is designed to keep nurseries free of the imported fire ant and provides a basis to certify containerized nursery stock for interstate movement. Participating regulated establishments must be operating under a compliance agreement in accordance with § 301.81-6. Such compliance agreements shall state the specific requirements that a shipper agrees to follow to move plants in accordance with the requirements of the program. Certificates and a nursery identification number may be issued to the nursery for use on shipments of regulated articles. (a) Detection. (1) Nursery owners are required to visually survey their entire premises twice monthly for the presence of imported fire ants. (2) Nurseries participating in this program will be inspected by Federal or State inspectors at least twice per year. More frequent inspections may be necessary depending upon imported fire ant infestation levels immediately surrounding the nursery, the thoroughness of nursery management in maintaining imported-fire-ant-free premises, and the number of previous detections of imported fire ants in or near containerized plants. Inspections by Federal and State inspectors should be more frequent just before and during the peak shipping season. Any nurseries determined during nursery inspections to have imported fire ant colonies must be immediately treated to the extent necessary to eliminate the colonies. (b) Control. Nursery plants that are shipped under this program must originate in a nursery that meets the requirements of this section. Nursery owners must implement a treatment program with registered bait and contact insecticides. The premises, including growing and holding areas, must be maintained free of the imported fire ant. As part of this treatment program, all exposed soil surfaces (including sod and mulched areas) on property where plants are grown, potted, stored, handled, loaded, unloaded, or sold must be treated in accordance with part 305 of this chapter a… | ||||
| 7:7:5.1.1.1.2.16.13.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-1 Definitions. | APHIS | Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture (APHIS). Certificate. A document in which an inspector or a person operating under a compliance agreement affirms that a specified regulated article meets the requirements of this subpart and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart. Imported fire ant. Living imported fire ants of the species Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of these species. Infestation (infested). The presence of an imported fire ant queen or a reproducing colony of imported fire ants, except that on grass sod and plants with roots and soil attached, an infestation is the presence of any life form of the imported fire ant. Inspector. An APHIS employee or other person authorized by the Administrator to enforce the provisions of this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector affirms that a specified regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit. Movement (moved). The act of shipping, transporting, delivering, or receiving for movement, or otherwise aiding, abetting, inducing or causing to be moved. Noncompacted soil. Soil that can be removed from an article by brisk brushing or washing with water under normal city water pressure (at least 4 gallons per minute at 40 to 50 pounds per square inch through a 1/2 -inch orifice). Person. Any association, compan… | |||||
| 7:7:5.1.1.1.2.16.13.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-2 Regulated articles. | APHIS | [87 FR 80012, Dec. 29, 2022] | (a) List of regulated articles. The Administrator has determined that certain articles present a risk of spread of the imported fire ant. A list of all such articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants . Lists of all regulated articles may also be obtained by request from any local Plant Protection and Quarantine (PPQ) office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd . (b) Normal process for designating additional regulated articles. (1) If the Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants presents a risk of spread of the imported fire ant, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for imported fire ant. The notice will provide the basis for this determination, and will request public comment. (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register designating the article as a regulated article for the imported fire ant and listing it. (c) Immediate designation of regulated articles. An inspector may designate any other article or means of conveyance as a regulated article if the inspector determines that it presents a risk of spread of the imported fire ant due to its proximity to an infestation of the imported fire ant, and after the inspector provides notification to the person in possession of the article or means of conveyance that it is now regulated under this subpart. | ||||
| 7:7:5.1.1.1.2.16.13.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-3 Quarantined areas. | APHIS | [87 FR 80012, Dec. 29, 2022] | (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area each State or portion of a State determined to be infested with the imported fire ant. The Administrator will also list as a quarantined area an area that is uninfested but determined to be in proximity to an infestation or that is determined to be inseparable from an infested locality for quarantine purposes; such a determination will be based on projections of spread of imported fire ant around the periphery of the infestation, as determined by previous years' surveys; availability of natural habitats and host materials, within the uninfested acreage, suitable for establishment and survival of imported fire ant populations; and the necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries. The Administrator will publish a list of all quarantined areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants . The list will include the date that the list was last updated. Lists of all quarantined areas may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd . After a change is made to the list of quarantined areas, APHIS will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined areas. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to the interstate movement restrictions imposed by this subpart; and (2) Designating less than the entire State as a quarantined area will prevent the spread of … | ||||
| 7:7:5.1.1.1.2.16.13.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-4 Interstate movement of regulated articles from quarantined areas. | APHIS | [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 75 FR 4240, Jan. 26, 2010; 87 FR 80013, Dec. 29, 2022] | (a) Any regulated article may be moved interstate from a quarantined area into or through an area that is not quarantined only if moved under the following conditions: (1) With a certificate or limited permit issued and attached in accordance with §§ 301.81-5 and 301.81-9; (2) Without a certificate or limited permit, provided that each of the following conditions is met: (i) The regulated article was moved into the quarantined area from an area that is not quarantined; (ii) The point of origin is indicated on a waybill accompanying the regulated article; (iii) The regulated article is moved through the quarantined area (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or parked in locations inaccessible to the imported fire ant, or in locations that have been treated in accordance with part 305 of this chapter, while in or moving through any quarantined area; and (iv) The article has not been combined or commingled with other articles so as to lose its individual identity; or (3) Without a certificate or limited permit provided the regulated article is a soil sample being moved to a laboratory approved by the Administrator 1 to process, test, or analyze soil samples. 1 Provisions for laboratory approval may be obtained from your State's State Plant Health Director. Contact information can be found at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD . (b) Inspectors are authorized to stop any person or means of conveyance moving in interstate commerce they have probable cause to believe is moving regulated articles, and to inspect the articles being moved and the means of conveyance. Articles found to be infested by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. Any treatments will be in accordance with part 305 of this chapter. | ||||
| 7:7:5.1.1.1.2.16.13.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-5 Issuance of a certificate or limited permit. | APHIS | [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 66 FR 21052, Apr. 27, 2001; 75 FR 4240, Jan. 26, 2010; 87 FR 80013, Dec. 29, 2022] | (a) An inspector 1 or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article approved under such compliance agreement if he or she determines that the regulated article: 1 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information on local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (1) Is eligible for unrestricted movement under all other applicable Federal domestic plant quarantines and regulations; (2) Is to be moved interstate in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; 2 and 2 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). (3)(i) Is free of an imported fire ant infestation, based on his or her visual examination of the article; (ii) Has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of the imported fire ant; (iii) Has been treated in accordance with part 305 of this chapter; or. (iv) If the article is containerized nursery stock, it has been produced in accordance with § 301.81-11. (b) An inspector will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if the inspector determines that the regulated article: (1) Is to be moved interstate to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the s… | ||||
| 7:7:5.1.1.1.2.16.13.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-6 Compliance agreements. --> | APHIS | [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994; 75 FR 4240, Jan. 26, 2010; 87 FR 80013, Dec. 29, 2022] | Persons who grow, handle, or move regulated articles interstate may enter into a compliance agreement 1 if such persons review with an inspector each stipulation of the compliance agreement, have facilities and equipment to carry out disinfestation procedures or application of chemical materials in accordance with part 305 of this chapter, and meet applicable State training and certification standards as authorized by the Federal Insecticide, Fungicide, and Rodenticide Act (86 Stat. 983; 7 U.S.C. 136b). Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart. 1 Compliance agreements may be initiated by contacting a local office of Plant Protection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices of Plant Protection and Quarantine may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. | ||||
| 7:7:5.1.1.1.2.16.13.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-7 Cancellation of a certificate, limited permit, or compliance agreement. | APHIS | [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] | Any certificate, limited permit, or compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agreement, has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances allow within 20 days after oral notification of the cancellation. Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. | ||||
| 7:7:5.1.1.1.2.16.13.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | P | Subpart P—Imported Fire Ant | § 301.81-8 Assembly and inspection of regulated articles. | APHIS | [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 87 FR 80013, Dec. 29, 2022] | (a) Persons requiring certification or other services must request the services from an inspector 1 at least 48 hours before the services are needed. 1 See footnote 1 of § 301.81-5(a). (b) The regulated articles must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. | ||||
| 7:7:5.1.1.1.2.18.14.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85 Quarantine; restriction on interstate movement of specified regulated articles. | APHIS | [87 FR 80013, Dec. 29, 2022] | (a) Notice of quarantine. Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary of Agriculture quarantines the State of New York in order to prevent the spread of the golden nematode ( Globodera rostochiensis ), which causes a dangerous disease of potatoes and certain other plants and is not widely prevalent or distributed within and throughout the United States. Through the aforementioned authorities, the Secretary imposes a quarantine on the State of New York with respect to the interstate movement from that State of regulated articles, issues regulations in this subpart governing the movement of such articles, and gives notice of this quarantine action. (b) Quarantine restrictions on the interstate movement of regulated articles. No common carrier or other person shall move interstate from any quarantined State any regulated articles, except in accordance with the conditions prescribed in this subpart. (c) List of regulated articles. The Deputy Administrator has determined that certain articles present a hazard of spread of golden nematodes. A list of all such regulated articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes . Lists of all regulated articles may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd . (d) Normal process for designating additional regulated articles. (1) If the Deputy Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes presents a hazard of spread of golden nematodes, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for golden nematode. The notic… | ||||
| 7:7:5.1.1.1.2.18.14.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-7 Attachment and disposition of certificates and permits. | APHIS | (a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment. | |||||
| 7:7:5.1.1.1.2.18.14.11 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-8 Inspection and disposal of regulated articles and pests. | APHIS | [37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001] | Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and golden nematodes as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) in accordance with instructions issued by the Deputy Administrator. | ||||
| 7:7:5.1.1.1.2.18.14.12 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-9 Movement of live golden nematodes. | APHIS | Regulations requiring a permit for and otherwise governing the movement of live golden nematodes in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. | |||||
| 7:7:5.1.1.1.2.18.14.13 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-10 Nonliability of the Department. | APHIS | The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. | |||||
| 7:7:5.1.1.1.2.18.14.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-1 Definitions. | APHIS | [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 87 FR 80014, Dec. 29, 2022] | Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed respectively to mean: Certificate. A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination. Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person. Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said service to whom authority to act in his stead has been or may hereafter be delegated. Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws. Generally infested area. Any part of a regulated area not designated as a suppressive area. Golden nematode. The nematode known as the golden nematode ( Globodera rostochiensis ), in any stage of development. Infestation. The presence of the golden nematode or the existence of circumstances that make it reasonable to believe that the golden nematode is present. Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator to enforce the provisions of the Quarantine and regulations in this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of nonce… | ||||
| 7:7:5.1.1.1.2.18.14.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-2 Authorization for the Deputy Administrator to list regulated areas and suppressive or generally infested areas. | APHIS | [87 FR 80014, Dec. 29, 2022] | (a) Criteria for designation and process for listing. The Deputy Administrator will list as a regulated area each State or portion of a State in which golden nematode has been determined to be found or in which there is reason to believe that golden nematode is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator may divide any regulated area into a suppressive area and a generally infested area in accordance with the definitions of these terms in § 301.85-1. The Deputy Administrator will publish a list of all regulated areas, including the suppressive and generally infested areas therein, at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes . The list will include the date that the list was last updated. Lists of all regulated areas, including the suppressive and generally infested areas therein, may also be obtained by request from any local Plant Protection and Quarantine office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd . After a change is made to the list of regulated areas, APHIS will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the regulated areas. Less than an entire State will be designated as a regulated area only if the Deputy Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a regulated area will be adequate to prevent the interstate spread of golden nematodes. (b) Temporary designation of regulated areas and suppressive or generally infested areas. Th… | ||||
| 7:7:5.1.1.1.2.18.14.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-2a [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.2.18.14.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-2b [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.2.18.14.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-3 Conditions governing the interstate movement of regulated articles from quarantined States. | APHIS | [37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002; 87 FR 80014, Dec. 29, 2022] | (a) Any regulated articles except soil samples for processing, testing, or analysis may be moved interstate from any quarantined State under the following conditions: 1 1 Requirements under all other applicable Federal domestic plant quarantines must also be met. (1) With certificate or permit issued and attached in accordance with §§ 301.85-4 and 301.85-7 if moved: (i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or (ii) From any generally infested area into or through any suppressive area; or (iii) Between any noncontiguous suppressive areas; or (iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the golden nematode and the person in possession thereof has been so notified; or (v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or (2) From any regulated area, without certificate or permit if moved: (i) Under the provisions of § 301.85-2(d) which exempts certain articles from certificate and permit requirements; or (ii) From a generally infested area to a contiguous generally infested area; or (iii) From a suppressive area to a contiguous generally infested area; or (iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the golden nematode exists; or (v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or (3) From any area outside the regulated areas, if moved: (i) With a certificate or permit attached; or (ii) Without a certificate or permit, if: (A) The regulated articles are exempt from certif… | ||||
| 7:7:5.1.1.1.2.18.14.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-4 Issuance and cancellation of certificates and permits. | APHIS | [37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005] | (a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if the inspector determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Have been treated to destroy infestation in accordance with part 305 of this chapter; or (3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with part 305 of this chapter, when, upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of the golden nematode and requirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart. (d) Scientific permits to allow the interstate movement of regulated articles and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Depu… | ||||
| 7:7:5.1.1.1.2.18.14.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-5 Compliance agreement and cancellation thereof. | APHIS | [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982; 70 FR 33268, June 7, 2005] | (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector. (b) Any person engaged in the business of removing soil from Irish potatoes by the process of grading, washing, or fluming may enter into a compliance agreement concerning such operations. The compliance agreement shall be a written agreement between the person conducting such operations and Plant Protection and Quarantine wherein such person agrees to conduct such operations in a manner which, in the judgment of the inspector supervising enforcement of the quarantine and regulations, will substantially remove the soil from the potatoes. (c) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever the inspector finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement. | ||||
| 7:7:5.1.1.1.2.18.14.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | R | Subpart R—Golden Nematode | § 301.85-6 Assembly and inspection of regulated articles. | APHIS | Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.85-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection. | |||||
| 7:7:5.1.1.1.2.19.15.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86 Restrictions on interstate movement of regulated articles. | APHIS | No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 Any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in section 414 of the Plant Protection Act (7 U.S.C. 7714). | |||||
| 7:7:5.1.1.1.2.19.15.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-9 Costs and charges. | APHIS | The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. | |||||
| 7:7:5.1.1.1.2.19.15.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-1 Definitions. | APHIS | [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009] | Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture. Associated field. A field that has been found to be at risk for infestation with pale cyst nematode in accordance with § 301.86-3(c)(2). Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of pale cyst nematode and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.86-4. Field. A defined production site that is managed separately from surrounding areas for phytosanitary purposes. Infestation (infested). The presence of the pale cyst nematode or the existence of circumstances that makes it reasonable to believe that the pale cyst nematode is present. Infested field. A field that has been found to be infested with pale cyst nematode in accordance with § 301.86-3(c)(1). Inspector. Any employee of APHIS or other person authorized by the Administrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.86-5(b) only to a specified destination and only in accordance with specified conditio… | ||||
| 7:7:5.1.1.1.2.19.15.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-2 Regulated articles. | APHIS | [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009; 87 FR 80015, Dec. 29, 2022] | The following are regulated articles: (a) Pale cyst nematodes. 1 1 Permit and other requirements for the interstate movement of pale cyst nematodes are contained in part 330 of this chapter. (b) The following pale cyst nematode host crops: Eggplant ( Solanum melongena L.) Pepper ( Capsicum spp.) Potato ( Solanum tuberosum L.) Tomatillo ( Physalis philadelphica ) Tomato ( Lycopersicon esculentum L.) Eggplant ( Solanum melongena L.) Pepper ( Capsicum spp.) Potato ( Solanum tuberosum L.) Tomatillo ( Physalis philadelphica ) Tomato ( Lycopersicon esculentum L.) (c) Root crops. (d) Garden and dry beans ( Phaseolus spp.) and peas ( Pisum spp.). (e) All nursery stock. (f) Soil, compost, humus, muck, peat, and manure, and products on or in which soil is commonly found, including grass sod and plant litter. (g) Hay, straw, and fodder. (h) Any equipment or conveyance used in an infested or associated field that can carry soil if moved out of the field. (i) Any other product, article, or means of conveyance not listed in paragraphs (a) through (h) of this section that an inspector determines presents a risk of spreading the pale cyst nematode, after the inspector provides written notification to the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of this subpart. | ||||
| 7:7:5.1.1.1.2.19.15.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-3 Quarantined areas. | APHIS | [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009; 85 FR 85503, Dec. 29, 2020] | (a) Designation of quarantined areas. In accordance with the criteria listed in paragraph (c) of this section, the Administrator will designate as a quarantined area each field that has been found to be infested with pale cyst nematode, each field that has been found to be associated with an infested field, and any area that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from infested or associated fields. The Administrator will publish the description of the quarantined area on the Plant Protection and Quarantine Web site, https://www.aphis.usda.gov/planthealth/pcn” . The description of the quarantined area will include the date the description was last updated and a description of the changes that have been made to the quarantined area. The description of the quarantined area may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories. After a change is made to the quarantined area, we will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined area. (b) Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the pale cyst nematode. (c) Criteria for designation of fields as infested fields and associated fields. (1) Infested fields. A field will be designated as an infested field for pale cyst nematode upon a determination that viable pale cyst nematode is present in the field. The determination will be made in accordance with the criteria established… | ||||
| 7:7:5.1.1.1.2.19.15.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-4 Conditions governing the interstate movement of regulated articles from quarantined areas. | APHIS | (a) Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: (1) With a certificate or limited permit issued and attached in accordance with §§ 301.86-5 and 301.86-8; (2) Without a certificate or limited permit if: (i) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or (ii) The regulated article originates outside the quarantined area and is moved interstate through the quarantined area under the following conditions: (A) The points of origin and destination are indicated on a waybill accompanying the regulated article; and (B) The regulated article is moved through the quarantined area without stopping (except for refueling and for traffic conditions such as traffic lights and stop signs); and (C) The regulated article is not unpacked or unloaded in the quarantined area; and (D) The article has not been combined or commingled with other articles so as to lose its individual identity. (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated article interstate, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infested by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. | |||||
| 7:7:5.1.1.1.2.19.15.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-5 Issuance and cancellation of certificates and limited permits. | APHIS | [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009; 87 FR 80015, Dec. 29, 2022] | (a) Certificates. An inspector 1 or person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if the inspector determines that the regulated article satisfies the general requirements for a certificate in paragraph (a)(1) of this section and any requirements that may apply to the regulated article under paragraphs (a)(2) through (a)(7) of this section. 1 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (1) Certification requirements for all regulated articles. The regulated article must be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) 2 to prevent the spread of the pale cyst nematode. In addition, the regulated article must be eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. 2 Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other remedial measures to destroy or otherwise dispose of any plant, plant pest, plant product, article, or means of conveyance that is moving, or has moved into or through the United States or interstate if the Secretary has reason to believe the article is a plant pest or is infested with a plant pest at the time of movement. (2) Certification requirements for nursery stock —(i) Potatoes. Potatoes intended for use as nursery stock ( i.e. , seed potatoes) are prohibited from being moved interstate from the quarantined area. (ii) Nursery stock of other host crops. An inspector may issue a certificate for t… | ||||
| 7:7:5.1.1.1.2.19.15.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-6 Compliance agreements and cancellation. | APHIS | [72 FR 51984, Sept. 12, 2007, as amended at 87 FR 80015, Dec. 29, 2022] | (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person is aware of this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. 1 1 Compliance agreement forms are available without charge from local Plant Protection and Quarantine offices, which are listed in telephone directories. (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with any of the provisions of this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. | ||||
| 7:7:5.1.1.1.2.19.15.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-7 Assembly and inspection of regulated articles. | APHIS | [72 FR 51984, Sept. 12, 2007, as amended at 87 FR 80015, Dec. 29, 2022] | (a) Any person (other than a person authorized to issue certificates or limited permits under § 301.86-5(c)) who desires a certificate or limited permit to move a regulated article interstate must notify an inspector 1 as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired interstate movement. 1 See footnote 1 in § 301.86-5. (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. | ||||
| 7:7:5.1.1.1.2.19.15.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | S | Subpart S—Pale Cyst Nematode | § 301.86-8 Attachment and disposition of certificates and limited permits. | APHIS | (a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated article; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee's copy of the accompanying waybill. If the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. | |||||
| 7:7:5.1.1.1.2.2.9.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | B | Subpart B—Imported Plants and Plant Parts | § 301.10 Definitions. | APHIS | Move (moved, movement). Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved. State. Any State, territory, district, or possession of the United States. | |||||
| 7:7:5.1.1.1.2.2.9.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | B | Subpart B—Imported Plants and Plant Parts | § 301.11 Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts. | APHIS | (a) In accordance with part 319 of this chapter, some plants and plant parts may only be imported into the United States subject to certain destination restrictions. That is, under part 319, some plants and plant parts may be imported into some States or areas of the United States but are prohibited from being imported into, entered into, or distributed within other States or areas, as an additional safeguard against the introduction and establishment of foreign plant pests and diseases. (b) Under this quarantine notice, whenever any imported plant or plant part is subject to destination restrictions under part 319: (1) The State(s) or area(s) into which the plant or plant part is allowed to be imported is quarantined with respect to that plant or plant part; and (2) No person shall move any plant or plant part from any such quarantined State or area into or through any State or area not quarantined with respect to that plant or plant part. | |||||
| 7:7:5.1.1.1.2.20.15.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | T | Subpart T—Sugarcane Diseases | § 301.87 Quarantine; restrictions on interstate movement of specified articles. | APHIS | [48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001; 87 FR 80015, Dec. 29, 2022] | (a) Notice of quarantine. Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), 1 2 the Secretary of Agriculture establishes quarantines within the United States to prevent the artificial spread of leaf scald disease and gummosis disease. The regulations in this subpart govern the interstate movement from regulated areas of regulated articles. (b) Quarantine restrictions on interstate movement of regulated articles. No common carrier or other person shall move interstate from any regulated area any regulated article except in accordance with the conditions prescribed in this subpart. |
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