cfr_sections
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134 rows where part_number = 319 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:5.1.1.1.6.1.34.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | A | Subpart A—Preemption | § 319.1 Preemption of State and local laws. | 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 regulate in foreign commerce any plant or plant product in order to control, eradicate, or prevent the introduction or dissemination of a biological control organism, plant pest, or noxious weed within the United States. (b) Therefore, in accordance with section 436 of the Plant Protection Act, the regulations in this part preempt all State and local laws that are inconsistent with or exceed the regulations in this part. | |||||
| 7:7:5.1.1.1.6.10.41.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41 Notice of quarantine. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001; 78 FR 25571, May 2, 2013; 83 FR 11865, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019] | (a) The fact has been determined by the Secretary of Agriculture, and notice given, that dangerous plant pests, including the so-called European corn borer (Ostrinia nubilalis Hubn.), and also other dangerous insects, as well as plant diseases not heretofore widely prevalent or distributed within and throughout the United States, exist, as to one or more of such pests, in Europe, Asia, Africa, Dominion of Canada, Mexico, Central and South America, and other foreign countries and localities, and may be introduced into this country through importations of the stalks or other parts of Indian corn or maize, broomcorn, and related plants. (b) To prevent the introduction of these plant pests, the following articles may not be imported into the United States except in accordance with this subpart: The raw or unmanufactured stalk and all other parts of Indian corn or maize ( Zea mays L.), broomcorn ( Andropogon sorghum var. technicus ), sweet sorghums ( Andropogon sorghum ), grain sorghums ( Andropogon sorghum ), Sudan grass ( Andropogon sorghum sudanensis), Johnson grass ( Andropogon halepensis ), sugarcane ( Saccharum officinarum ), including Japanese varieties, pearl millet ( Pennisetum glaucum ), napier grass ( Pennisetum purpureum ), teosinte ( Euchlaena luxurians ), and jobs-tears ( Coix lachryma-Jobi ). (c) The Administrator may authorize the importation of articles otherwise prohibited under paragraph (b) of this section under conditions specified in a controlled import permit issued in accordance with § 319.6. (d) The importation of plants (including any plant parts) of any of the taxa listed in paragraph (b) of this section that are for planting or capable of being planted is restricted under Subpart H—Plants for Planting of this part. (e) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States. | ||||
| 7:7:5.1.1.1.6.10.41.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41a Administrative instructions relating to entry into Guam of broomcorn, brooms, and similar articles. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 72 FR 39501, July 18, 2007; 83 FR 11865, Mar. 19, 2018] | (a) Broomcorn for manufacturing purposes, and brooms and similar articles made of broomcorn may be imported into Guam without further permit, other than the authorization contained in this section, and without other restriction under this subpart. Notice of arrival for such importations is not necessary inasmuch as there is available to the inspector the essential information normally supplied by the importer at time of importation. Inspection of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part 319, disposition may be made in accordance with § 330.106 of this chapter. (b) Shelled corn and seeds of other plants listed in § 319.41, and mature corn on the cob, may be imported into Guam without further permit, other than the authorization contained in this section and without other restriction under this subpart, but such importations are subject to the requirements of § 319.37-6(a). (c) Green corn on the cob may be imported into Guam without restriction under this subpart, but such importations are subject to the requirements of § 319.56-3. | ||||
| 7:7:5.1.1.1.6.10.41.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41b Administrative instructions prescribing conditions for entry of broomstraw without treatment. | APHIS | [25 FR 12809, Dec. 14, 1960] | Broomstraw, sometimes referred to as “combed stalkless”, when consisting of individual straws entirely free from stems, stalks, stubs of stalks, and leaves, may be imported from all countries without seasonal limitation through ports of entry designated in the permit, provided it is bundled and baled to prevent breakage and scattering and to facilitate inspection, in the following manner: (a) The broomstraw shall be assembled into bundles with the base of the individual straws at the same end, no alternating of layers being permitted. (b) Each bundle shall be securely tied to prevent breakage. (c) Individual bundles shall be compacted, grouped into bales, and so arranged that the butt of each bundle is exposed on the outside of the bale. (d) Each bale shall be securely bound to prevent shifting or loosening of the bundles in transit. (e) Broomstraw found upon inspection at the port of entry to contain stems, stalks, stubs of stalks, or leaves shall be sterilized under the supervision of an inspector. Broomstraw contaminated in the aforesaid manner, from countries other than those on the North or South American Continents or the West Indies, shall be considered as broomcorn and shall be subject to compliance with § 319.41-3(b). | ||||
| 7:7:5.1.1.1.6.10.42.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41-1 Plant products permitted entry. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 58 FR 44745, Aug. 25, 1993; 71 FR 29769, May 24, 2006] | 1 Except as provided in § 319.41-6 the regulations in this subpart do not authorize importations through the mails. Except as restricted from certain countries and localities by special quarantines and other orders now in force, 2 and by such as may hereafter be promulgated, the following articles may be imported: 2 The entry of the following plants and plant products is prohibited or restricted by specific quarantines and other restrictive orders now in force. (a) Living canes of sugarcane, or cuttings or parts thereof, from all foreign countries. (§ 319.15.) (b) Except as provided for in paragraph (c) for corn seed from New Zealand, seed and all other portions in the raw or unmanufactured state of Indian corn or maize (Zea mays L.), and the closely related plants, including all species of Teosinte (Euchlaena), jobs-tears (Coix), Polytoca, Chionachne, Sclerachne, and Trilobachne, from Australia, Burma, Cambodia, China, Formosa, India, Indonesia, Japan and adjacent islands, Laos, Malaya, Manchuria, New Guinea, New Zealand, North Viet-Nam, Oceania, Pakistan, Philippines, Ryukyu Islands, Thailand, and Viet-Nam. (§ 319.24.) (c) Seed of Indian corn or maize ( Zea mays L. ) that is free from the cob and from all other parts of corn may be imported into the United States from New Zealand without further restriction. (§ 319.24.). (a) Subject only to the requirements of paragraphs (a), (b), and (c) of § 319.41-5: (1) Green corn on the cob, in small lots for local use only, from adjacent areas of Canada. (2) Articles made of the stalks, leaves, or cobs of corn, when prepared, manufactured, or processed in such manner that in the judgment of the inspector no pest risk is involved in their entry. (3) Corn silk. (b) Upon compliance with the regulations in this subpart: (1) Broomcorn for manufacturing purposes, brooms or similar articles made of broomcorn, clean shelled corn, and clean seed of the other plants covered by § 319.41. (2) Corn on the cob, green or mature, from the provinces of Canada west of a… | ||||
| 7:7:5.1.1.1.6.10.42.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41-2 Application for permits. | APHIS | [79 FR 19810, Apr. 10, 2014] | Persons contemplating the importation of any of the articles specified in § 319.41-1(b) shall first make application to the Plant Protection and Quarantine Program for a permit in accordance with §§ 319.7 through 319.7-5. | ||||
| 7:7:5.1.1.1.6.10.42.6 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41-3 Issuance of permits. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 33 FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, 1971; 78 FR 25571, May 2, 2013] | (a) On approval by the Administrator of the application mentioned in § 319.41-2, a permit will be issued. (b) For broomcorn and brooms and similar articles made of broomcorn, permits will be issued by the Administrator for such ports as may be designated therein, except that permits will be issued for the entry of broomcorn originating in countries other than those in the North or South American Continents or the West Indies only through the ports of Baltimore, Boston, New York, and Norfolk, or through other northeastern ports which may from time to time be designated in the permit, and at which facilities for treatment of infested material may be available, such entry to be limited to those shipments accompanied by on-board bills of lading dated within the period September 15 through February 15 of the succeeding year, both dates inclusive. Permits will not be issued for the entry of broomcorn from any source through ports on the Pacific Coast. (c) For shelled corn and for seeds of other plants listed in § 319.41, and for corn on the cob, green or mature, from the land areas designated in § 319.41(b)(2), permits will be issued for ports where the Plant Protection and Quarantine Programs maintains an inspection service and for such other ports as may be designated in the permit. (d) Pending development of adequate treating facilities in Guam, any of the articles specified in § 319.41-1 that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a U.S. port of arrival where such treating facilities are available. | ||||
| 7:7:5.1.1.1.6.10.42.7 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41-4 Notice of arrival by permittee. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] | Immediately upon arrival of the importation at the port of arrival the permittee shall submit, in duplicate, notice to the Plant Protection and Quarantine Programs, through the U.S. Collector of Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, on forms provided for that purpose, stating the number of the permit, the date of entry, the name of ship or vessel, railroad, or other carrier, the country and locality where the articles were grown, the name of the foreign shipper, the quantity or number of bales or containers, and the marks and numbers on the bales or containers, the port of arrival, and the name of the importer or broker at the port of arrival. | ||||
| 7:7:5.1.1.1.6.10.42.8 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41-5 Condition of entry. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4252, Jan. 26, 2010] | (a) The entry of the articles covered by § 319.41-1 is conditioned on their freedom from the European corn borer and other injurious insects and plant diseases, and upon their freedom from contamination with plant materials prohibited entry under other quarantines. All shipments of these articles shall be subject to inspection at the port of arrival by an inspector of the Plant Protection and Quarantine Programs, in order to determine their freedom from such insects and diseases and from contaminating materials, and to such sterilization, grinding, or treatment in accordance with part 305 of this chapter, as the inspector may prescribe. Should an importation be found on inspection to be so infested or infected or contaminated that, in the judgment of the inspector, it can not be made safe by sterilization or other treatment in accordance with part 305 of this chapter, the entire shipment may be refused entry. (b) When entry under sterilization or other treatment in accordance with part 305 of this chapter is permitted, the importation will be released to the permittee for such treatment, upon the filing with the appropriate customs official of a bond in the amount of $5,000, or in an amount equal to the invoice value, if such value be less than $5,000, with approved sureties, and conditioned that the importation shall be sterilized or otherwise treated under the supervision of the inspector; that no bale or container shall be broken, opened, or removed from the port of arrival unless and until a written notice is given to said customs official by an inspector that the importation has been properly sterilized or treated; and that the importation shall be redelivered to said customs official within 30 days after its arrival. (c) Should a shipment requiring sterilization or other treatment in accordance with part 305 of this chapter under the provisions of the regulation in this subpart arrive at a port where facilities for such sterilization or other treatment in accordance with part 305 of this chapter are not m… | ||||
| 7:7:5.1.1.1.6.10.42.9 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | J | Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants | § 319.41-6 Importations by mail. | APHIS | [79 FR 19810, Apr. 10, 2014] | In addition to entries by freight or express provided for in § 319.41-5, importations are permitted by mail of mature corn on the cob from the countries specified in § 319.41-1(b)(2), and clean shelled corn and clean seed of the other plants covered by § 319.41, provided that a permit has been issued for the importation in accordance with §§ 319.7 through 319.7-5 and all conditions of the permit are met. | ||||
| 7:7:5.1.1.1.6.11.43.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55 Notice of quarantine. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001; 78 FR 25571, May 2, 2013; 83 FR 11865, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019] | (a) The fact has been determined by the Secretary of Agriculture, and notice is hereby given: (1) That injurious fungal diseases of rice, including downy mildew ( Sclerospora macrospora ), leaf smut ( Entyloma oryzae ), blight ( Oospora oryzetorum ), and glume blotch ( Melanomma glumarum ), as well as dangerous insect pests, new to and not heretofore widely prevalent or distributed within and throughout the United States, exist, as to one or more of such diseases and pests, in Europe, Asia, Africa, Central America, South America, and other foreign countries and localities, and may be introduced into this country through importations of rice straw and rice hulls; and (2) That the unrestricted importation of rice straw and rice hulls may result in the entry into the United States of the injurious plant diseases heretofore enumerated, as well as insect pests. (b) To prevent the introduction into the United States of the plant pests and diseases indicated above, the Secretary has determined that it is necessary to restrict the importation of rice straw and rice hulls from all foreign locations, except as otherwise provided in this subpart. (c) The Administrator may authorize the importation of articles otherwise prohibited by this subpart under conditions specified in a controlled import permit issued in accordance with § 319.6. (d) The importation of seed or paddy rice is restricted under Subpart H—Plants for Planting of this part. (e) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States. | ||||
| 7:7:5.1.1.1.6.11.43.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55a Administrative instructions relating to entry of rice straw and rice hulls into Guam. | APHIS | Rice straw and rice hulls may be imported into Guam without further permit, other than the authorization contained in this paragraph. The port of entry shall be Agana or such other port as may be satisfactory to the inspector. Such importations may be made without the submission of a notice of arrival inasmuch as there is available to the inspector the essential information normally supplied by an importer at the time of importation. The requirements of §§ 319.55-6 and 319.55-7 shall not apply. Inspections of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated by any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter. | |||||
| 7:7:5.1.1.1.6.11.44.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55-1 Definitions. | APHIS | (a) Seed or paddy rice. Unhusked rice in the form commonly used for seed purposes; the regulations in this subpart do not apply to husked or polished rice imported for food purposes. (b) Port of first arrival. The first port within the United States where the shipment is (1) offered for consumption entry or (2) offered for entry for immediate transportation in bond. (c) Inspector. An Inspector of the Plant Protection and Quarantine Programs of the United States Department of Agriculture. | |||||
| 7:7:5.1.1.1.6.11.44.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55-2 Application for permit. | APHIS | [79 FR 19811, Apr. 10, 2014, as amended at 83 FR 11865, Mar. 19, 2018] | Application for a permit to import from any country rice straw or rice hulls may be made to the Plant Protection and Quarantine Programs in accordance with §§ 319.7 through 319.7-5. | ||||
| 7:7:5.1.1.1.6.11.44.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55-3 Ports of entry. | APHIS | [79 FR 19811, Apr. 10, 2014, as amended at 83 FR 11865, Mar. 19, 2018] | (a) For importations of rice straw and rice hulls, permits will be issued for entry at New York and Boston and at such other ports as may later be approved by the Plant Protection and Quarantine Programs. (b) Pending development of adequate treating facilities in Guam, rice straw and rice hulls that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a United States port of arrival where such treating facilities are available. (c) Should a shipment requiring treatment arrive at a port where facilities for such treatment are not maintained, such shipment shall either be promptly shipped under safeguards and by routing prescribed by the inspector to an approved port where facilities for treatment are available, or it shall be refused entry. | ||||
| 7:7:5.1.1.1.6.11.44.6 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55-4 [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.6.11.44.7 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55-5 Notice of arrival by permittee. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] | Immediately upon the arrival of a shipment at the port of first arrival, the permittee or his agent shall submit a notice, in duplicate, to the Plant Protection and Quarantine Programs, through the United States Collector of Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, on a form provided for that purpose, stating the number of the permit, the quantity in the shipment, the locality where grown, the date of arrival, and, if by rail, the name of the railroad company, the car numbers, and the terminal where the shipment is to be unloaded, or, if by vessel, the name of the vessel and the designation of the dock where the shipment is to be landed. | ||||
| 7:7:5.1.1.1.6.11.44.8 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55-6 Inspection and disinfection at port of arrival. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4252, Jan. 26, 2010; 83 FR 11865, Mar. 19, 2018] | (a) [Reserved] (b) Rice straw and rice hulls. (1) As a condition of entry, rice straw and rice hulls shall be subject to inspection and to treatment in accordance with part 305 of this chapter at the port of arrival, under the supervision of the inspector, by methods and at plants approved by the Plant Protection and Quarantine Programs and, as a further condition of entry, in order to permit effective treatment in accordance with part 305 of this chapter, the contents of packages or bales shall not be compressed to a density of more than 30 pounds per cubic foot. Rice straw and rice hulls will be admitted only at ports where adequate facilities are available for such treatment. The required treatment must be given within 20 days after arrival, but if any shipment of rice straw or rice hulls shall be found upon arrival to be dangerously infested or infected the inspector may direct immediate treatment under adequate safeguards; and, if the treatment and safeguards are not put into effect as directed, the shipment shall be removed from the country immediately or destroyed. (2) Unless, within 20 days after the date of arrival of a shipment at the port at which the formal entry was filed, the importation has received the required treatment, due notice of which shall be given to the collector of customs by the inspector, demand will be made by the collector for redelivery of the shipment into customs custody under the terms of the entry bond, and, if such redelivery is not made, the shipment shall be removed from the country or destroyed. (3) All charges for storage, cartage, and labor incident to inspection and disinfection, other than the services of the inspector, shall be paid by the importer. (4) All shipments shall be so baled, bagged, or wrapped as to prevent scattering or wastage. If, in the judgment of the inspector, a shipment is not so bagged, baled, or wrapped, it shall be reconditioned at the expense of the permittee or entry may be refused. | ||||
| 7:7:5.1.1.1.6.11.44.9 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | K | Subpart K—Rice | § 319.55-7 Importations by mail. | APHIS | [83 FR 11865, Mar. 19, 2018] | Importations of rice straw and rice hulls may be made by mail or cargo, provided that a permit has been issued for the importation in accordance with §§ 319.7 through 319.7-5 and all conditions of the permit are met. | ||||
| 7:7:5.1.1.1.6.12.45.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-1 Notice of quarantine. | APHIS | (a) Under section 412(a) of the Plant Protection Act, the Secretary of Agriculture may prohibit or restrict the importation and entry of any plant or plant product if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the dissemination within the United States of a plant pest or noxious weed. (b) The Secretary has determined that it is necessary to prohibit the importation into the United States of fruits and vegetables and associated plants and portions of plants except as provided in this part. | |||||
| 7:7:5.1.1.1.6.12.45.10 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-11 Importation of dried, cured, or processed fruits, vegetables, nuts, and legumes. | APHIS | [72 FR 39501, July 18, 2007, as amended at 75 FR 4252, Jan. 26, 2010; 83 FR 11866, Mar. 19, 2018] | (a) Dried, cured, or processed fruits and vegetables (except frozen fruits and vegetables), including cured figs and dates, raisins, nuts, and dried beans and peas, may be imported without permit, phytosanitary certificate, or other compliance with this subpart, except as specifically provided otherwise in this section or elsewhere in this part. (b) Acorns and chestnuts —(1) From countries other than Canada and Mexico; treatment required. Acorns and chestnuts intended for purposes other than propagation, except those grown in and shipped from Canada and Mexico, must be imported into the United States under permit, and subject to all the requirements of § 319.56-3, and must be treated in accordance with part 305 of this chapter. 2 2 Acorns and chestnuts imported into Guam are subject to the requirements of § 319.56-7(b). (2) From Canada and Mexico. Acorns and chestnuts grown in and shipped from Canada and Mexico for purposes other than propagation may be imported in accordance with paragraph (a) of this section. (3) For propagation. Acorns and chestnuts from any country may be imported for propagation only in accordance with the applicable requirements in §§ 319.37-1 through 319.37-23. (c) Macadamia nuts. Macadamia nuts in the husk or shell are prohibited importation into the United States unless the macadamia nuts were produced in, and imported from, St. Eustatius. | ||||
| 7:7:5.1.1.1.6.12.45.11 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-12 Importation of frozen fruits and vegetables. | APHIS | [72 FR 39501, July 18, 2007, as amended at 75 FR 4252, Jan. 26, 2010] | Frozen fruits and vegetables may be imported into the United States in accordance with § 319.56-3. Such fruits and vegetables must be held in accordance with the requirements for importing frozen fruits and vegetables in part 305 of this chapter.. | ||||
| 7:7:5.1.1.1.6.12.45.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-2 Definitions. | APHIS | [72 FR 39501, July 18, 2007, as amended at 73 FR 10972, Feb. 29, 2008; 80 FR 55018, Sept. 14, 2015; 83 FR 46638, Sept. 14, 2018] | Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any other employee of the United States Department of Agriculture delegated to act in his or her stead. APHIS. The Animal and Plant Health Inspection Service, United States Department of Agriculture. Commercial consignment. A lot of fruits or vegetables that an inspector identifies as having been imported for sale and distribution. Such identification will be based on a variety of indicators, including, but not limited to: Quantity of produce, type of packaging, identification of grower or packinghouse on the packaging, and documents consigning the fruits or vegetables to a wholesaler or retailer. Commodity. A type of plant, plant product, or other regulated article being moved for trade or other purpose. Consignment. A quantity of plants, plant products, and/or other articles, including fruits or vegetables, being moved from one country to another and covered, when required, by a single phytosanitary certificate (a consignment may be composed of one or more commodities or lots). Continental United States. The 48 contiguous States, Alaska, and the District of Columbia. Country of origin. Country where the plants from which the plant products are derived were grown. Frozen fruit or vegetable. Any variety of raw fruit or vegetable preserved by commercially acceptable freezing methods in such a way that the commodity remains at −6.7 °C (20 °F) or below for at least 48 hours prior to release. Fruits and vegetables. A commodity class for fresh parts of plants intended for consumption or processing and not for planting. Import and importation. To move into, or the act of movement into, the territorial limits of the United States. Inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of the Bureau of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this subpart. Lot. A number of units of a singl… | ||||
| 7:7:5.1.1.1.6.12.45.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-3 General requirements for all imported fruits and vegetables. | APHIS | [72 FR 39501, July 18, 2007, as amended at 73 FR 10972, Feb. 29, 2008; 75 FR 4252, Jan. 26, 2010; 79 FR 19811, Apr. 10, 2014] | All fruits and vegetables that are allowed importation under this subpart must be imported in accordance with the following requirements, except as specifically provided otherwise in this subpart. (a) Freedom from unauthorized plant parts. All fruits and vegetables imported under this subpart, whether in commercial or noncommercial consignments, must be free from plant litter or debris and free of any portions of plants that are specifically prohibited in the regulations in this subpart. (b) Permit. (1) All fruits and vegetables imported under this subpart, whether commercial or noncommercial consignments, must be imported under permit issued by APHIS, must be imported under the conditions specified in the permit, and must be imported in accordance with all applicable regulations in this part; except for: (i) Dried, cured, or processed fruits and vegetables (except frozen fruits and vegetables), including cured figs and dates, raisins, nuts, and dried beans and peas, except certain acorns and chestnuts subject to § 319.56-11 of this subpart; (ii) Fruits and vegetables grown in Canada (except potatoes from Newfoundland and that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road, which are prohibited importation into the United States); and (iii) Fruits and vegetables, except mangoes, grown in the British Virgin Islands that are imported into the U.S. Virgin Islands. (2) Persons contemplating the importation of any fruits or vegetables under this subpart must apply for a permit in accordance with §§ 319.7 through 319.7-5. (c) Ports of entry. (1) Fruits and vegetables must be imported into specific ports if so required by this subpart or by part 305 of this chapter, or if so required by a permit issued in accordance with this section and with §§ 319.7 through 319.7-5 for the importation of the particular fruit or vegetable. If a permit issued for the importation of fruits or vegetables names specific port(s) where the fruits or vegetables m… | ||||
| 7:7:5.1.1.1.6.12.45.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-4 Authorization of certain fruits and vegetables for importation. | APHIS | [83 FR 46638, Sept. 14, 2018, as amended at 89 FR 79734, Oct. 1, 2024] | (a) Determination by the Administrator. No fruit or vegetable is authorized importation into the United States unless the Administrator has determined that the risk posed by each quarantine pest associated with the fruit or vegetable can be reasonably mitigated by the application of one or more phytosanitary measures designated by the Administrator and the fruit or vegetable is imported into the United States in accordance with, and as stipulated in, the permit issued by the Administrator. (b) Designated phytosanitary measures. (1) The fruits and vegetables are subject to phytosanitary treatments, which could include, but are not limited to, pest control treatments in the field or growing site, and post-harvest treatments. (2) The fruits and vegetables are subject to growing area pest mitigations, which could include, but are not limited to detection surveys, trapping requirements, pest exclusionary structures, and field inspections. (3) The fruits and vegetables are subject to safeguarding and movement mitigations, which could include, but are not limited to, safeguarded transport, box labeling, limited distribution, insect-proof boxes, and importation as commercial consignments only. (4) The fruits and vegetables are subject to administrative mitigations, which could include, but are not limited to, registered fields or orchards, registered growing sites, registered packinghouses, inspection in the country of origin by an inspector or an official of the national plant protection organization of the exporting country, and operational workplan monitoring. (5) The fruits and vegetables are subject to any other measures deemed appropriate by the Administrator. (c) Authorized fruits and vegetables —(1) Comprehensive list. The name and origin of all fruits and vegetables authorized importation under this section, as well as the applicable requirements for their importation, may be found on the internet at https://acir.aphis.usda.gov/s/” (2) Fruits and vegetables authorized importation prior to October… | ||||
| 7:7:5.1.1.1.6.12.45.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-5 Pest-free areas. | APHIS | As provided elsewhere in this subpart, certain fruits and vegetables may be imported into the United States provided that the fruits or vegetables originate from an area that is free of a specific pest or pests. In some cases, fruits or vegetables may only be imported if the area of export is free of all quarantine pests that attack the fruit or vegetable. In other cases, fruits and vegetables may be imported if the area of export is free of one or more quarantine pests that attack the fruit or vegetable, and provided that the risk posed by the remaining quarantine pests that attack the fruit or vegetable is mitigated by other specific phytosanitary measures contained in the regulations in this subpart. (a) Application of international standard for pest free areas. APHIS requires that determinations of pest-free areas be made in accordance with the criteria for establishing freedom from pests found in International Standard for Phytosanitary Measures No. 4, “Requirements for the establishment of pest free areas.” The international standard was established by the International Plant Protection Convention of the United Nations' Food and Agriculture Organization and is incorporated by reference in § 300.5 of this chapter. (b) Survey protocols. APHIS must approve the survey protocol used to determine and maintain pest-free status, as well as protocols for actions to be performed upon detection of a pest. Pest-free areas are subject to audit by APHIS to verify their status. (c) Determination of pest freedom. (1) For an area to be considered free of a specified pest for the purposes of this subpart, the Administrator must determine, and announce in a notice or rule published in the Federal Register for 60 days public comment, that the area meets the criteria of paragraphs (a) and (b) of this section. (2) The Administrator will announce his or her decision in a subsequent Federal Register notice. If appropriate, APHIS would begin issuing permits for importation of the fruit or vegetable from a pest-free ar… | |||||
| 7:7:5.1.1.1.6.12.45.6 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-6 Trust fund agreements. | APHIS | If APHIS personnel need to be physically present in an exporting country or region to facilitate the exportation of fruits or vegetables and APHIS services are to be funded by the national plant protection organization (NPPO) of the exporting country or a private export group, then the NPPO or the private export group must enter into a trust fund agreement with APHIS that is in effect at the time the fruits or vegetables are exported. Under the agreement, the NPPO of the exporting country or the private export group must pay in advance all estimated costs that APHIS expects to incur in providing inspection services in the exporting country. These costs will include administrative expenses incurred in conducting the services and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the inspectors in performing services. The agreement must require the NPPO of the exporting country or region or a private export group to deposit a certified or cashier's check with APHIS for the amount of those costs, as estimated by APHIS. The agreement must further specify that, if the deposit is not sufficient to meet all costs incurred by APHIS, the NPPO of the exporting country or a private export group must deposit with APHIS, before the services will be completed, a certified or cashier's check for the amount of the remaining costs, as determined by APHIS. After a final audit at the conclusion of each shipping season, any overpayment of funds would be returned to the NPPO of the exporting country or region or a private export group, or held on account. | |||||
| 7:7:5.1.1.1.6.12.45.7 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-7 Territorial applicability and exceptions. | APHIS | [72 FR 39501, July 18, 2007, as amended at 75 FR 4252, Jan. 26, 2010] | (a) The regulations in this subpart apply to importations of fruits and vegetables into any area of the United States, except as provided in this section. (b) Importations of fruits and vegetables into Guam. (1) The following fruits and vegetables may be imported into Guam without treatment, except as may be required under § 319.56-3(d), and in accordance with all the requirements of this subpart as modified by this section: (i) All leafy vegetables and root crops from the Bonin Islands, Volcano Islands, and Ryukyu Islands. (ii) All fruits and vegetables from Palau and the Federated States of Micronesia (FSM), except Artocarpus spp. (breadfruit, jackfruit, and chempedak), citrus, curacao apple, guava, Malay or mountain apple ( Syzygium spp.), mango, and papaya, and except dasheen from the Yap district of FSM and from Palau, and bitter melon ( Momordica charantia ) from Palau. The excepted products are approved for entry into Guam after treatment in accordance with part 305 of this chapter. (iii) Allium (without tops), artichokes, bananas, bell peppers, cabbage, carrots, celery, Chinese cabbage, citrus fruits, eggplant, grapes, lettuce, melons, okra, parsley, peas, persimmons, potatoes, rhubarb, squash ( Cucurbita maxima ), stone and pome fruits, string beans, sweetpotatoes, tomatoes, turnip greens, turnips, and watermelons from Japan and Korea. (iv) Leafy vegetables, celery, and potatoes from the Philippine Islands. (v) Carrots (without tops), celery, lettuce, peas, potatoes, and radishes (without tops) from Australia. (vi) Arrowroot, asparagus, bean sprouts, broccoli, cabbage, carrots (without tops), cassava, cauliflower, celery, chives, cow-cabbage, dasheen, garlic, gingerroot, horseradish, kale, kudzu, leek, lettuce, onions, Portuguese cabbage, turnip, udo, water chestnut, watercress, waterlily root, and yam bean root from Taiwan. (vii) Lettuce from Papua New Guinea. (viii) Carrots (without tops), celery, lettuce, loquats, onions, persimmons, potatoes, tomatoes, and stone fruits from New Zealan… | ||||
| 7:7:5.1.1.1.6.12.45.8 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | §§ 319.56-8--319.56-9 [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.6.12.45.9 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | L | Subpart L—Fruits and Vegetables | § 319.56-10 Importation of fruits and vegetables from Canada. | APHIS | [72 FR 39501, July 18, 2007, as amended at 83 FR 11865, Mar. 19, 2018] | (a) General permit for fruits and vegetables grown in Canada. Fruits and vegetables grown in Canada and offered for entry into the United States will be subject to the inspection, treatment, and other requirements of § 319.56-3(d), but may otherwise be imported into the United States without restriction under this subpart; provided, that: (1) Consignments of Allium spp. consisting of the whole plant or above ground parts must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Canada with an additional declaration stating that the articles are free from Acrolepipsis assectella (Zeller). (2) Potatoes from Newfoundland and that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road are prohibited importation into the United States in accordance with § 319.37-20. (b) [Reserved] | ||||
| 7:7:5.1.1.1.6.13.45.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | M | Subpart M—Wheat Diseases | § 319.59-1 Definitions. | APHIS | [70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005; 78 FR 25571, May 2, 2013; 83 FR 11866, Mar. 19, 2018] | Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Controlled import permit. A written or electronically transmitted authorization issued by APHIS for the importation into the United States of otherwise prohibited or restricted plant material for experimental, therapeutic, or developmental purposes, under controlled conditions as prescribed by the Administrator in accordance with § 319.6. From. An article is considered to be “from” any country or locality in which it was grown. Grain. Wheat ( Triticum aestivum ), durum wheat ( Triticum durum ), and triticale ( Triticum aestivum × Secale cereale ) used for consumption or processing and not for planting. Hay. Host crops cut and dried for feeding to livestock. Hay cut after reaching the dough stage may contain mature kernels of the host crop. Host crops. Plants or plant parts, including grain, seed, or hay, of wheat ( Triticum aestivum ), durum wheat ( Triticum durum ), and triticale ( Triticum aestivum × Secale cereale ). Inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of the Bureau of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this subpart. Karnal bunt. A plant disease caused by the fungus Tilletia indica (Mitra) Mundkur. Plant. Any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed. Seed. Wheat ( Triticum aestivum ), durum wheat ( Triticum durum ), and triticale ( Triticum aestivum × Secale cereale ) used for propagation. Spp. (species). All species, clones, cultivars, strains, varie… | ||||
| 7:7:5.1.1.1.6.13.45.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | M | Subpart M—Wheat Diseases | § 319.59-2 General import prohibitions; exceptions. | APHIS | [70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005; 72 FR 43523, Aug. 6, 2007; 78 FR 25571, May 2, 2013; 83 FR 11866, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019] | (a) [Reserved] (b) Articles listed in § 319.59-3 as prohibited importation pending risk evaluation, and articles regulated for Karnal bunt in § 319.59-4(a) may be imported for experimental, therapeutic, or developmental purposes under a controlled import permit issued in accordance with § 319.6 if: (1) Imported at the National Plant Germplasm Inspection Station, Building 580, Beltsville Agricultural Center East, Beltsville, MD 20705, or through any USDA plant inspection station listed in accordance with § 319.37-8(a); (2) Imported pursuant to a controlled import permit issued for such article and kept on file at the National Plant Germplasm Inspction Station; (3) Imported under conditions of treatment, processing, growing, shipment, or disposal specified on the controlled import permit and found by the Administrator to be adequate to prevent the introduction into the United States of tree, plant, or fruit diseases, injurious insects, and other plant pests, and (4) Imported with a controlled import tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a controlled import permit number corresponding to the number of the controlled import permit issued for such article. (c) The importation of any host crops (including seed and any other plant parts) that are for planting or capable of being planted is restricted under Subpart H—Plants for Planting of this part. | ||||
| 7:7:5.1.1.1.6.13.45.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | M | Subpart M—Wheat Diseases | § 319.59-3 Articles prohibited importation pending risk evaluation. | APHIS | [70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005; 83 FR 11866, Mar. 19, 2018] | The articles listed in paragraph (a) of this section from the countries and localities listed in paragraph (b) of this section are prohibited from being imported or offered for entry into the United States, except as provided in § 319.59-2(b), pending the completion of an evaluation by APHIS of the potential pest risks associated with the articles. The national plant protection organization of any listed country or locality may contact APHIS 1 to initiate the preparation of a risk evaluation. If supported by the results of the risk evaluation, APHIS will take action to remove that country or locality from the list in paragraph (b) of this section. 1 Requests should be submitted in writing to Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road, Unit 140, Riverdale, MD 20737-1236. (a) The following articles of Triticum spp. (wheat) or of Aegilops spp. (barb goatgrass, goatgrass): Straw (other than straw, with or without heads, which has been processed or manufactured for use indoors, such as for decorative purposes or for use in toys); chaff; and products of the milling process ( i.e., bran, shorts, thistle sharps, and pollards) other than flour. (b) Afghanistan, Algeria, Armenia, Australia, Azerbaijan, Bangladesh, Belarus, Bulgaria, Chile, China, Cyprus, Egypt, Estonia, Falkland Islands, Georgia, Greece, Guatemala, Hungary, India, Iran, Iraq, Israel, Italy, Japan, Kazakhstan, Kyrgyzstan, Latvia, Libya, Lithuania, Moldova, Morocco, Nepal, North Korea, Oman, Pakistan, Portugal, Romania, Russia, Spain, Tajikistan, Tanzania, Tunisia, Turkey, Turkmenistan, South Africa, South Korea, Ukraine, Uzbekistan, and Venezuela. | ||||
| 7:7:5.1.1.1.6.13.45.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | M | Subpart M—Wheat Diseases | § 319.59-4 Karnal bunt. | APHIS | [70 FR 8231, Feb. 18, 2005, as amended at 75 FR 4253, Jan. 26, 2010; 83 FR 11866, Mar. 19, 2018] | (a) Regulated articles. The following are regulated articles for Karnal bunt: (1) Conveyances, including trucks, railroad cars, and other containers used to move host crops from a region listed in paragraph (b)(1) of this section that test positive for Karnal bunt through the presence of bunted kernels; (2) Plant parts, including grain, straw, or hay, of all varieties of wheat ( Triticum aestivum ), durum wheat ( Triticum durum ), and triticale ( Triticum aestivum × Secale cereale ) from a region listed in paragraph (b)(1) of this section, except for straw/stalks/seed heads for decorative purposes that have been processed or manufactured prior to movement and are intended for use indoors; (3) Tilletia indica (Mitra) Mundkur; (4) Mechanized harvesting equipment that has been used in the production of wheat, durum wheat, or triticale that has tested positive for Karnal bunt through the presence of bunted kernels; and (5) Seed conditioning equipment and storage/handling equipment that has been used in the production of wheat, durum wheat, or triticale seed found to contain the spores of Tilletia indica. (b)(1) Karnal bunt is known to occur in the following regions: Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, and South Africa. (2) The Administrator may recognize an area within a region listed in paragraph (b)(1) of this section as an area free of Karnal bunt whenever he or she determines that the area meets the requirements of the International Standard for Phytosanitary Measures (ISPM) No. 4, “Requirements for the establishment of pest free areas.” The international standard was established by the International Plant Protection Convention of the United Nations' Food and Agriculture Organization and is incorporated by reference in § 300.5 of this chapter. APHIS will publish a notice in the Federal Register and maintain on an APHIS Web site a list of the specific areas that are approved as areas in which Karnal bunt is not known to occur in order to provide the public with current, valid i… | ||||
| 7:7:5.1.1.1.6.14.45.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | N | Subpart N—Packing Materials | § 319.69 Notice of quarantine. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 26 FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; 60 FR 27682, May 25, 1995; 63 FR 31102, June 8, 1998; 78 FR 25571, May 2, 2013; 84 FR 29958, June 25, 2019] | (a) The following plants and plant products, when used as packing materials, are prohibited entry into the United States from the countries and localities named in this paragraph (a), exceptions to the prohibitions may be authorized in the case of specific materials which have been so prepared, manufactured, or processed that in the judgment of the inspector no pest risk is involved in their entry: (1) Rice straw, hulls, and chaff; from all countries. (2) Corn and allied plants (maize, sorghum, broomcorn, Sudan grass, napier grass, jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne); all parts, from all countries except Mexico, and the countries of Central America, the West Indies, and South America. (3) Cotton and cotton products (lint, waste, seed cotton, cottonseed, and cottonseed hulls); from all countries. (4) Sugarcane; all parts of the plant including bagasse, from all countries. (5) Bamboo; leaves and small shoots, from all countries. (6) Leaves of plants; from all countries. (7) Forest litter; from all countries. (8) Organic decaying vegetative matter from all countries, unless the matter is expressly authorized to be used as a packing material in this part. Exceptions to the prohibitions in paragraphs (a)(1) through (7) of this section may be authorized in the case of specific materials which has been so prepared, manufactured, or processed that in the judgment of the inspector no pest risk is involved in their entry. (b) The following plants and plant products when used as packing materials will be permitted entry into the United States from the countries and localities designated below only in accordance with the regulations in this subpart: (1) Cereal straw, hulls, and chaff (such as oats, barley, and rye) from all countries, except rice straw, hulls, and chaff, which are prohibited importation from all countries by paragraph (a)(1) of this section, and except wheat straw, hulls, and chaff, which are restricted importation by § 319.59 of this part from any country or locality listed in … | ||||
| 7:7:5.1.1.1.6.14.45.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | N | Subpart N—Packing Materials | § 319.69a Administrative instructions and interpretation relating to the entry into Guam of plant materials specified in § 319.69. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, 1997; 83 FR 11866, Mar. 19, 2018] | (a) Plants and products designated in § 319.69(a)(1), (3), (4), and (5) and (b)(1) and (3) as prohibited or restricted entry into the United States from the countries and localities named may be imported into Guam as packing materials without prohibition or restriction under this subpart. Inspection of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter. (b) Corn and allied plants listed in § 319.69(a)(2) may be imported into Guam subject to the requirements of §§ 319.69-2, 319.69-3, and 319.69-4. (c) Under § 319.69(a) (6) and (7), coconut fronds and other parts of the coconut trees are prohibited entry into Guam as packing materials except as permitted in § 319.37-11. | ||||
| 7:7:5.1.1.1.6.14.46.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | N | Subpart N—Packing Materials | § 319.69-1 Definitions. | APHIS | [75 FR 17292, Apr. 6, 2010, as amended at 84 FR 29958, June 25, 2019] | (a) Packing materials. The expression “packing material”, as used in § 319.69, includes any of the plants or plant products enumerated, when these are associated with or accompany any commodity or shipment to serve for filling, wrapping, ties, lining, mats, moisture retention, protection, or for any other purpose; and the word “packing”, as used in the expression “packing materials”, shall include the presence of such materials within, in contact with, or accompanying such commodity or shipment. 1 1 Since it is the packing materials themselves which constitute the danger and not the manner of use, it is intended that the definition shall include their presence within or accompanying a shipment regardless of their function or relation to a shipment or the character of the shipment. (b) Inspector. An inspector of the U.S. Department of Agriculture. | ||||
| 7:7:5.1.1.1.6.14.46.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | N | Subpart N—Packing Materials | § 319.69-2 Freedom from pests. | APHIS | All packing materials allowed entry under restriction shall be free from injurious insects and plant diseases. | |||||
| 7:7:5.1.1.1.6.14.46.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | N | Subpart N—Packing Materials | § 319.69-3 Entry inspection. | APHIS | All packing materials shall be subject to inspection at time of entry. | |||||
| 7:7:5.1.1.1.6.14.46.6 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | N | Subpart N—Packing Materials | § 319.69-4 Disposition of materials found in violation. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33326, June 7, 2005] | If the inspector shall find packing materials associated with or accompanying any commodity or shipment being imported, or to have been imported, in violation of § 319.69 or of the regulations in this subpart or shall find them infested or infected with injurious insects or plant diseases, the inspector may refuse entry to the shipment, or the inspector may seize and destroy or otherwise dispose of such packing material, or the inspector may require it to be replaced, or sterilized, or otherwise treated. | ||||
| 7:7:5.1.1.1.6.14.46.7 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | N | Subpart N—Packing Materials | § 319.69-5 Types of organic decaying vegetative matter authorized for packing. | APHIS | [84 FR 29958, June 25, 2019] | The following types of organic decaying vegetative matter are authorized as safe for packing: (a) Peat; (b) Peat moss; and (c) Osmunda fiber. | ||||
| 7:7:5.1.1.1.6.15.47.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | O | Subpart O—Coffee | § 319.73-1 Definitions. | APHIS | [63 FR 65650, Nov. 30, 1998, as amended at 83 FR 11866, Mar. 19, 2018] | Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead. Inspector. Any individual authorized by the Administrator to enforce this subpart. Sample. Unroasted coffee not for commercial resale. Intended use includes, but is not limited to, evaluation, testing, or market analysis. United States. The States, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. Unroasted coffee. The raw or unroasted seeds or beans of coffee intended for processing. | ||||
| 7:7:5.1.1.1.6.15.47.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | O | Subpart O—Coffee | § 319.73-2 Products prohibited importation. | APHIS | [63 FR 65650, Nov. 30, 1998, as amended at 83 FR 11866, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019] | (a) To prevent the spread of the coffee berry borer Hypothenemus hampei (Ferrari) and the fungus Hemileia vastatrix (Berkely and Broome), which causes an injurious rust disease, the following articles are prohibited importation into Hawaii and Puerto Rico, except as provided in § 319.73-3 of this subpart: (1) Unroasted coffee; (2) Coffee leaves; and (3) Empty sacks previously used for unroasted coffee. (b) The importation of any coffee plants (including bare seeds, seeds in pulp, and any other plant parts) that are for planting or capable of being planted is restricted under Subpart H—Plants for Planting of this part. | ||||
| 7:7:5.1.1.1.6.15.47.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | O | Subpart O—Coffee | § 319.73-3 Conditions for transit movement of certain products through Puerto Rico or Hawaii. | APHIS | (a) Mail. Samples of unroasted coffee that are transiting Hawaii or Puerto Rico en route to other destinations and that are packaged to prevent the escape of any plant pests may proceed without action by an inspector. Packaging that would prevent the escape of plant pests includes, but is not limited to, sealed cartons, airtight containers, or vacuum packaging. Samples of unroasted coffee received by mail but not packaged in this manner are subject to inspection and safeguard by an inspector. These samples must be returned to origin or forwarded to a destination outside Hawaii or Puerto Rico in a time specified by an inspector and in packaging that will prevent the escape of any plant pests. If this action is not possible, the samples must be destroyed. (b) Cargo. Samples of unroasted coffee that are transiting Hawaii or Puerto Rico as cargo and that remain on the carrier may proceed to a destination outside Hawaii or Puerto Rico without action by an inspector. Samples may be transshipped in Puerto Rico or Hawaii only after an inspector determines that they are packaged to prevent the escape of any plant pests. Samples that are not packaged in this manner must be rewrapped or packaged in a manner prescribed by an inspector to prevent the escape of plant pests before the transshipment will be allowed. (c) Other mail, cargo, and baggage shipments of articles covered by § 319.73-2 arriving in Puerto Rico or Hawaii may not be unloaded or transshipped in Puerto Rico or Hawaii and are subject to inspection and other applicable requirements of the Plant Safeguard Regulations (part 352 of this chapter). | |||||
| 7:7:5.1.1.1.6.15.47.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | O | Subpart O—Coffee | § 319.73-4 Costs. | APHIS | All costs of inspection, packing materials, handling, cleaning, safeguarding, treating, or other disposal of products or articles under this subpart will be borne by the owner, importer, or agent of the owner or importer, including a broker. The services of an inspector during regularly assigned hours of duty and at the usual places of duty will be furnished without cost to the importer. | |||||
| 7:7:5.1.1.1.6.16.47.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | P | Subpart P—Cut Flowers | § 319.74-1 Definitions. | APHIS | [64 FR 38110, July 15, 1999, as amended at 78 FR 25571, May 2, 2013; 83 FR 11866, Mar. 19, 2018] | Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead. Controlled import permit. A written or electronically transmitted authorization issued by APHIS for the importation into the United States of otherwise prohibited or restricted plant material for experimental, therapeutic, or developmental purposes, under controlled conditions as prescribed by the Administrator in accordance with § 319.6. Cut flower. The highly perishable commodity known in the commercial flower-producing industry as a cut flower, which is the severed portion of a plant, including the inflorescence and any parts of the plant attached to it, in a fresh state and not for planting. This definition does not include dried, bleached, dyed, or chemically treated decorative plant materials; filler or greenery, such as fern fronds and asparagus plumes, frequently packed with fresh cut flowers; or Christmas greenery, such as holly, mistletoe, and Christmas trees. Inspector. Any individual authorized by the Administrator to enforce this subpart. United States. All of the States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories or possessions of the United States. | ||||
| 7:7:5.1.1.1.6.16.47.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | P | Subpart P—Cut Flowers | § 319.74-2 Conditions governing the entry of cut flowers. | APHIS | [64 FR 38110, July 15, 1999, as amended at 71 FR 4464, Jan. 27, 2006; 72 FR 15811, Apr. 3, 2007; 75 FR 4253, Jan. 26, 2010] | (a) Inspection. All cut flowers imported into the United States must be made available to an inspector for examination at the port of first arrival and must remain at the port of first arrival until released, or authorized further movement, by an inspector. (b) Actions to prevent the introduction of plant pests; notice by an inspector. If an inspector orders any disinfection, cleaning, treatment, reexportation, or other action with regard to imported cut flowers that are found to be infested with injurious plant pests or infected with diseases, the inspector will provide an emergency action notification (PPQ Form 523) to the importer, owner, or agent or representative of the importer or owner of the cut flowers. The importer, owner, or agent or representative of the importer or owner must, within the time specified in the PPQ Form 523 and at his or her own expense, destroy the cut flowers, ship them to a point outside the United States, move them to an authorized site, and/or apply treatments, clean, or apply other safeguards to the cut flowers as prescribed by the inspector on the PPQ Form 523. Further, if the importer, owner, or agent or representative of the importer or owner fails to follow the conditions on PPQ Form 523 by the time specified on the form, APHIS will arrange for destruction of the cut flowers, and the importer, owner, or agent or representative of the importer or owner will be responsible for all costs incurred. Cut flowers that have been cleaned or treated must be made available for further inspection, cleaning, and treatment at the option of the inspector at any time and place indicated by the inspector before the requirements of this subpart will have been met. Neither the Department of Agriculture nor the inspector may be held responsible for any adverse effects of treatment on imported cut flowers. (c) Fumigation for agromyzids. Cut flowers imported from any country or locality and found upon inspection to be infested with agromyzids (insects of the family Agromyzidae) must be fum… | ||||
| 7:7:5.1.1.1.6.16.47.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | P | Subpart P—Cut Flowers | § 319.74-3 Importations for experimental or similar purposes. | APHIS | [78 FR 25571, May 2, 2013] | Cut flowers may be imported for experimental, therapeutic, or developmental purposes under conditions specified in a controlled import permit issued in accordance with § 319.6. | ||||
| 7:7:5.1.1.1.6.16.47.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | P | Subpart P—Cut Flowers | § 319.74-4 Costs and charges. | APHIS | The Animal and Plant Health Inspection Service, U.S. Department of Agriculture, will be responsible only for the costs of providing the services of an inspector during regularly assigned hours of duty and at the usual places of duty (provisions relating to costs for other services of an inspector are contained in 7 CFR part 354). The importer, owner, or agent or representative of the importer or owner of cut flowers is responsible for all additional costs of inspection, treatment, movement, storage, or destruction ordered by an inspector under this subpart, including the costs of any labor, chemicals, packing materials, or other supplies required. | |||||
| 7:7:5.1.1.1.6.17.47.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75 Restrictions on importation of regulated articles; disposal of articles refused importation. | APHIS | [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, 2001; 72 FR 43523, Aug. 6, 2007; 78 FR 25572, May 2, 2013; 79 FR 19811, Apr. 10, 2014; 83 FR 11866, Mar. 19, 2018] | (a) The Secretary has determined that in order to prevent the entry into the United States of khapra beetle ( Trogoderma granarium Everts) it is necessary to restrict the importation of certain articles from foreign countries and localities. Accordingly, no person shall import any regulated article unless in conformity with all of the applicable restrictions in this subpart. (b) Any article refused importation for noncompliance with the requirements of this subpart shall be promptly removed from the United States or abandoned by the importer, and pending such action shall be subject to the immediate application of such safeguards against escape of plant pests as the inspector determines necessary to prevent the introduction into the United States of plant pests. If the article is not promptly safeguarded, removed from the United States, or abandoned by the importer for destruction, it may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714). (c) A regulated article may be imported without complying with other restrictions under this subpart if: (1) Imported for experimental, therapeutic, or developmental purposes under the conditions specified in a controlled import permit issued in accordance with § 319.6; (2) Imported at the National Plant Germplasm Inspection Station, Building 580, Beltsville Agricultural Research Center East, Beltsville, MD 20705, or through any USDA plant inspection station listed in § 319.37-8(a); and (3) Imported with a controlled import tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a controlled import permit number corresponding to the number of the controlled import permit issued for such article. | ||||
| 7:7:5.1.1.1.6.17.47.10 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-9 Inspection and phytosanitary certificate of inspection. | APHIS | [50 FR 8707, Mar. 5, 1985, as amended at 79 FR 19811, Apr. 10, 2014; 83 FR 11866, Mar. 19, 2018] | (a) Any fruit, vegetable, or other plant product designated as a regulated article and grown in a country maintaining an official system of inspection for the purpose of determining whether such article is free from injurious plant diseases, injurious insect pests, and other plant pests shall be accompanied by a phytosanitary certificate of inspection from the plant protection service of such country at the time of importation or offer for importation into the United States. Such certificate may cover more than one article and more than one container kept together during shipment and offer for importation. (b) Any fruit, vegetable, seed, or other plant product designated as a regulated article which is accompanied by a valid phytosanitary certificate of inspection is subject to inspection by an inspector at the time of importation into the United States for the purpose of determining whether such article is free of injurious plant diseases, injurious insect pests, and other plant pests, and whether such article is otherwise eligible to be imported into the United States. (c) Any fruit, vegetable, seed, or other plant product designated as a regulated article and grown in a country not maintaining an official system of inspection for the purpose of determining whether such article is free from injurious plant diseases, or injurious insect pests, and other plant pests shall be inspected by an inspector at the time of importation into the United States for the purpose of determining whether such article is free of such diseases and pests and whether such article is otherwise eligible to be imported into the United States. | ||||
| 7:7:5.1.1.1.6.17.47.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-1 Definitions. | APHIS | [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057, Apr. 27, 2001; 78 FR 25572, May 2, 2013; 19811, Apr. 10, 2014; 79 FR 77841, Dec. 29, 2014; 83 FR 11866, Mar. 19, 2018] | Terms used in the singular form in this subpart shall be construed as the plural, and vice-versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead. From. An article is considered to be “from” any country or locality in which it originated or any country(ies) or locality(ies) in which it was offloaded prior to arrival in the United States. Import. (importation, imported). To import or move into the United States. Inspector. Any individual authorized by the Administrator or the Commissioner of U.S. Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this subpart. Person. Any individual, corporation, company, society, association or other organized group. Phytosanitary certificate of inspection. A document relating to a regulated article, which is issued by a plant protection official of the country in which the regulated article was grown, which is issued not more than 15 days prior to shipment of the regulated article from the country in which grown, which is addressed to the plant protection service of the United States (Plant Protection and Quarantine), which contains a description of the regulated article intended to be imported into the United States, which certifies that the article has been thoroughly inspected, is believed to be free from injurious plant diseases, injurious insect pests, and other plant pests, and is otherwise believed to be eligible for importation pursuant to the current phytosanitary laws and regulations of the United States. Plant gum. Any of numerous colloidal polysaccharide substances of plant origin that are gelatinous when moist but harden on drying. Plant gums include but are not limited to acacia gum, guar gum, gum arabic, locust gum and tr… | ||||
| 7:7:5.1.1.1.6.17.47.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-2 Regulated articles. | APHIS | [79 FR 77841, Dec. 29, 2014, as amended at 80 FR 43010, July 21, 2015; 83 FR 11866, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019] | 1 The importation of restricted articles may be subject to prohibitions or restrictions under other provisions of 7 CFR part 319. For example, fresh whole chilies ( Capsicum spp.) and fresh whole red peppers ( Capsicum spp.) from Pakistan are prohibited from being imported into the United States under the provisions of Subpart L—Fruits and Vegetables of this part, and the importation of any restricted articles that are for planting or capable of being planted is restricted under Subpart H—Plants for Planting of this part. (a) The following articles are regulated articles from all countries designated in accordance with paragraph (c) of this section as infested with khapra beetle and are subject to mandatory treatment in accordance with § 319.75-4: (1) Seeds of the plant family Cucurbitaceae 2 if in shipments greater than 2 ounces, if not for propagation; 2 Seeds of the plant family Cucurbitaceae include but are not limited to: Benincasa hispida (wax gourd), Citrullus lanatus (watermelon), Cucumis melo (muskmelon, cantaloupe, honeydew), Cucumis sativus (cucumber), Cucurbita pepo (pumpkin, squashes, vegetable marrow), Lagenaria siceraria (calabash, gourd), Luffa cylindrica (dishcloth gourd), Mormordica charantia (bitter melon), and Sechium edule (chayote). (2) Goatskins, lambskins, and sheepskins (excluding goatskins, lambskins, and sheepskins which are fully tanned, blue-chromed, pickled in mineral acid, or salted and moist); (3) Plant gums and plant gum seeds shipped as bulk cargo (in an unpackaged state); (4) Used jute or burlap bagging not containing cargo; (5) Used jute or burlap bagging that is used as a packing material (such as filler, wrapping, ties, lining, matting, moisture retention material, or protection material), and the cargo for which the used jute or burlap bagging is used as a packing material; and (6) Whole chilies ( Capsicum spp.), whole red peppers ( Capsicum spp.), and cumin seeds ( Cuminum cyminum ) when packed in new jute or burlap bagging; (b) The fo… | ||||
| 7:7:5.1.1.1.6.17.47.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-3 Permits. | APHIS | [79 FR 19811, Apr. 10, 2014] | A regulated article may be imported only after issuance of a written permit or oral authorization by the Plant Protection and Quarantine Programs in accordance with §§ 319.7 through 319.7-5. | ||||
| 7:7:5.1.1.1.6.17.47.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-4 Treatments. | APHIS | [79 FR 77841, Dec. 29, 2014] | Prior to moving into the United States from the port of entry, a regulated article listed in § 319.75-2(a) shall be treated for possible infestation with khapra beetle in accordance with part 305 of this chapter. | ||||
| 7:7:5.1.1.1.6.17.47.6 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-5 Marking and identity. | APHIS | [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, 1983; 79 FR 19811, Apr. 10, 2014] | (a) Any regulated article at the time of importation shall plainly and correctly bear on the outer container (if in a container) or on the regulated article (if not in a container) the following information: (1) General nature and quantity of the contents, (2) Country or locality of origin, (3) Name and address of shipper, owner, or person shipping or forwarding the article, (4) Name and address of consignee, (5) Identifying shipper's mark and number, and (b) Any regulated article shall be accompanied at the time of importation by an invoice or packing list indicating the contents of the shipment. | ||||
| 7:7:5.1.1.1.6.17.47.7 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-6 Arrival notification. | APHIS | [46 FR 38334, July 27, 1981, as amended at 48 FR 57466, Dec. 30, 1983; 79 FR 19811, Apr. 10, 2014] | Promptly upon arrival of any regulated article at a port of entry, the importer shall notify Plant Protection and Quarantine of the arrival by such means as a manifest, Customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for that purpose. | ||||
| 7:7:5.1.1.1.6.17.47.8 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-7 Costs and charges. | APHIS | [46 FR 38334, July 27, 1981, as amended at 79 FR 19811, Apr. 10, 2014; 84 FR 2429, Feb. 7, 2019] | The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer. 3 The importer shall be responsible for arrangements for treatments required under § 319.75-4. Any treatment required under § 319.75-4 for a regulated article shall be performed at the port of entry by a nongovernmental fumigator at the importer's expense, and shall be performed under the supervision of an inspector. Plant Protection and Quarantine will not be responsible for any costs or charges, other than those indicated in this section. 3 Provisions relating to costs for other services of an inspector are contained in 7 CFR part 354. | ||||
| 7:7:5.1.1.1.6.17.47.9 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | Q | Subpart Q—Khapra Beetle | § 319.75-8 Ports of entry. | APHIS | [46 FR 38334, July 27, 1981, as amended at 72 FR 43523, Aug. 6, 2007; 78 FR 25572, May 2, 2013;79 FR 19811, Apr. 10, 2014; 83 FR 11866, Mar. 19, 2018] | Any regulated article shall be imported only at a Customs designated port of entry indicated in 19 CFR 101.3(b)(1) and found by the Administrator and specified on the permit issued pursuant to § 319.75-3 to have a nongovernmental fumigator available at the port to treat such regulated article pursuant to § 319.75-4. It is the responsibility of the importer to arrange with the nongovernmental fumigator for treatment of the article. | ||||
| 7:7:5.1.1.1.6.18.47.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | R | Subpart R—Gypsy Moth Host Material from Canada | § 319.77-1 Definitions. | APHIS | [64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38175, June 20, 2000] | Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Canadian infested area. Any area of Canada listed as a gypsy moth infested area in § 319.77-3 of this subpart. Canadian noninfested area. Any area of Canada that is not listed as a gypsy moth infested area in § 319.77-3 of this subpart. Certification of origin. A signed, accurate statement certifying the area in which a regulated article was produced or grown. The statement may be provided directly on the shipping documents accompanying shipments of commercial wood products from Canada, or may be provided on a separate certificate. Gypsy moth. The insect known as the gypsy moth, Lymantria dispar (Linnaeus), in any stage of development. Import (imported, importation). To bring or move into the territorial limits of the United States. Mobile home. Any vehicle, other than a recreational vehicle, designed to serve, when parked, as a dwelling or place of business. Outdoor household articles. Articles associated with a household that are generally kept or used outside the home. Examples of outdoor household articles are awnings, barbeque grills, bicycles, boats, dog houses, firewood, garden tools, hauling trailers, outdoor furniture and toys, recreational vehicles and their associated equipment, and tents. Phytosanitary certificate. A document issued by an official authorized by the national government of Canada that contains a description of the regulated article intended for importation into the United States and that certifies that the article has been thoroughly inspected or treated, is believed to be free from plant pests, and is otherwise believed to be eligible for importation pursuant to the current phytosanitary laws and regulations of the United States. A phytosanitary certificate must be addressed to the Animal and Plant Health Inspection Service and may be issued no more than 14 days prior to the shipment of the regulated article. Recreational vehicles. … | ||||
| 7:7:5.1.1.1.6.18.47.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | R | Subpart R—Gypsy Moth Host Material from Canada | § 319.77-2 Regulated articles. | APHIS | [64 FR 45866, Aug. 23, 1999, as amended at 71 FR 40878, July 19, 2006; 83 FR 11866, Mar. 19, 2018; 84 FR 29958, June 25, 2019] | In order to prevent the spread of gypsy moth from Canada into noninfested areas of the United States, the gypsy moth host materials listed in paragraphs (a) through (e) of this section are designated as regulated articles. Regulated articles may be imported into the United States from Canada only under the conditions described in § 319.77-4 of this subpart. (a) Trees without roots (e.g., Christmas trees), unless they were greenhouse-grown throughout the year; (b) Logs with bark attached; (c) Pulpwood with bark attached; (d) Bark and bark products; (e) Outdoor household articles; (f) Mobile homes and their associated equipment; and (g) Stone and quarry products. | ||||
| 7:7:5.1.1.1.6.18.47.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | R | Subpart R—Gypsy Moth Host Material from Canada | § 319.77-3 Gypsy moth infested areas in Canada. | APHIS | [65 FR 38175, June 20, 2000, as amended at 67 FR 59453, Sept. 23, 2002] | The following areas in Canada are known to be infested with gypsy moth: (a) Province of New Brunswick —(1) Charlotte County. That portion of Charlotte County that includes the following parishes: Campobello Island, Dumbarton, Dufferin, Grand Manan Island, St. Andrews, St. Croix, St. David, St. George, St. James, St. Patrick, and St. Stephen. (2) Kings County. That portion of Kings County that includes the following parishes: Greenwich, Kars, and Springfield. (3) Queens County. (i) That portion of Queens County that includes the following parishes: Canning, Cambridge, Gagetown, Johnston, and Wickham; and (ii) That portion of Chipman Parish south or west of highway 10; and (iii) That portion of Waterborough Parish west of highway 10 and south of highway 2. (4) Sunbury County. That portion of Sunbury County that includes the following parishes: Blissville, Burton, Gladstone, Lincoln, and Sheffield. (5) York County. (i) That portion of York County that includes the City of Fredericton and the following parishes: North Lake and McAdam; and (ii) That portion of Queensbury parish south and east of the Scotch Lake Road beginning in the west at Bear Island on the St. John River and ending at the Parish border on the east. (b) Province of Nova Scotia —(1) Annapolis County. The entire county. (2) Digby County. The entire county. (3) Halifax County. The area of the county bounded by a line beginning at the intersection of the Halifax/Lunenburg County border and the Atlantic Ocean; then north along the Halifax/Lunenburg County border to the Halifax/Hants County border; then east along the Halifax/Hants County border to route 354; then south along route 354 to route 568 (Beaverbank-Windsor Junction Road); then east along route 568 (Beaverbank-Windsor Junction Road) to route 416 (Fall River Road); then east and north along route 416 (Fall River Road) to route 2; then south along route 2 to route 102/118; then south along route 118 to route 107; then south along route 107 to route 7; then east along … | ||||
| 7:7:5.1.1.1.6.18.47.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | R | Subpart R—Gypsy Moth Host Material from Canada | § 319.77-4 Conditions for the importation of regulated articles. | APHIS | [64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38176, June 20, 2000; 69 FR 61589, Oct. 20, 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, July 19, 2006; 83 FR 11866, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019; 84 FR 29958, June 25, 2019] | (a) Trees and shrubs. 1 (1) Trees without roots ( e.g., Christmas trees) may be imported into the United States from any area of Canada without restriction under this subpart if they: 1 Trees and Shrubs from Canada may be subject to additional restrictions under “ Subpart I—Logs, Lumber, and Other Wood Articles” (§§ 319.40-1 through 319.40-11). (i) Were greenhouse-grown throughout the year; (ii) Are destined for a U.S. infested area and will not be moved through any U.S. noninfested areas; or (iii) Are Christmas trees destined for a U.S. infested area and will not be moved through any U.S. noninfested areas other than noninfested areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and Somerset, ME ( i.e., areas in those counties that are not listed in 7 CFR 301.45-3). (2) Trees without roots (e.g., Christmas trees) that are destined for a U.S. noninfested area or will be moved through a U.S. noninfested area may be imported into the United States from Canada only under the following conditions: (i) If the trees originated in a Canadian infested area, they must be accompanied by an officially endorsed Canadian phytosanitary certificate that includes an additional declaration confirming that the trees have been inspected and found free of gypsy moth or that the trees have been treated for gypsy moth in accordance with part 305 of this chapter. (ii) If the trees originated in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur. (b) Bark and bark products and logs and pulpwood with bark attached. 2 (1) Bark and bark products or logs or pulpwood with bark attached that are destined for a U.S. infested area and that will not be moved through any U.S. noninfested area other than noninfested areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and Somerset, ME ( i.e. , areas in those counties that are not listed in § 301.4… | ||||
| 7:7:5.1.1.1.6.18.47.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | R | Subpart R—Gypsy Moth Host Material from Canada | § 319.77-5 Disposition of regulated articles denied entry. | APHIS | [64 FR 45866, Aug. 23, 1999, as amended at 66 FR 21057, Apr. 27, 2001] | Any regulated article that is denied entry into the United States because it does not meet the requirements of this subpart must be promptly safeguarded or removed from the United States. If the article is not promptly safeguarded or removed from the United States, it may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714). | ||||
| 7:7:5.1.1.1.6.2.34.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | B | Subpart B—Requests To Amend The Regulations | § 319.5 Requirements for submitting requests to change the regulations in 7 CFR part 319. | APHIS | [71 FR 30567, May 30, 2006, as amended at 89 FR 79734, Oct. 1, 2024] | (a) Definitions. Commodity. A plant, plant product, or other agricultural product being moved for trade or other purpose. (b) Procedures for submitting requests and supporting information. Persons who request changes to the import regulations contained in this part and who wish to import plants, plant parts, or plant products that are not allowed importation under the conditions of this part must file a request with the Animal and Plant Health Inspection Service (APHIS) in order for APHIS to consider whether the new commodity can be safely imported into the United States. The initial request can be formal (e.g., a letter) or informal (e.g., made during a bilateral discussion between the United States and another country), and can be made by any person. Upon APHIS confirmation that granting a person's request would require amendments to the regulations in this part, the national plant protection organization of the country from which the commodity would be exported must provide APHIS with the information listed in paragraph (d) of this section before APHIS can proceed with its consideration of the request; requests that are not supported with this information in a timely manner will be considered incomplete and APHIS may not take further action on such requests until all required information is submitted. (c) Addresses. The national plant protection organization of the country from which commodities would be exported must submit the information listed in paragraph (d) of this section to: PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737. (d) Information. The following information must be provided to APHIS in order for APHIS to consider a request to change the regulations in part 319: (1) Information about the party submitting the request. The address, telephone and fax numbers, and e-mail addresses of the national plant protection organization of the country from which commodities would be exported; or, for requests that address a multi-country region, the address, telephone and fax numbers… | ||||
| 7:7:5.1.1.1.6.3.34.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | C | Subpart C—Controlled Import Permits | § 319.6 Controlled import permits. | APHIS | [78 FR 25568, May 2, 2013, as amended at 79 FR 19807, Apr. 10, 2014; 81 FR 40150, June 21, 2016; 83 FR 11855, Mar. 19, 2018] | (a) Definitions. Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead. Developmental purposes. The evaluation, monitoring, or verification of plant material for plant health risks and/or the adaptability of the material for certain uses or environments. Experimental purposes. Scientific testing which utilizes collected data and employs analytical processes under controlled conditions to create qualitative or quantitative results. Therapeutic purposes. The application of specific scientific processes designed to eliminate, isolate, or remove potential plant pests or diseases. (b) Purpose and scope. The regulations in this part prohibit or restrict the importation into the United States of certain plants, plant products, and other articles to prevent the introduction and dissemination of plant pests and noxious weeds within and throughout the United States. The regulations in this subpart provide a process under which a controlled import permit (CIP) may be issued to authorize the importation, for experimental, therapeutic, or developmental purposes, of an article whose importation is prohibited under this part. A CIP may also be issued to authorize, for those same purposes, the importation of an article under conditions that differ from those prescribed in the relevant regulations in this part. (c) Application process. Applications for a CIP are available without charge from the Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), Permit Unit, 4700 River Road Unit 136, Riverdale, MD 20737-1236, or from local PPQ offices. Applications may be submitted by mail, by fax, or electronically and must be submitted at least 60 days prior to arrival of the article at the port of entry. Mailed applications must be submitted to the address above, faxed applications may be submitted to 301-734-4300, and el… | ||||
| 7:7:5.1.1.1.6.4.34.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | D | Subpart D—Permits: Allocation, Issuance, Denial, and Revocation | § 319.7 Definitions. | APHIS | The following definitions apply to this subpart: Administrative instructions. Published documents related to the enforcement of this part and issued under authority of the Plant Protection Act, as amended (7 U.S.C. 7701 et seq. ), by the Administrator. Administrator. The Administrator of the Animal and Plant Health Inspection Service or any employee of the United States Department of Agriculture delegated to act in his or her stead. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Applicant. A person at least 18 years of age who, on behalf of him- or herself or another person, submits an application for a permit to import into the United States or move interstate a regulated article in accordance with this part. Approved. Approved by the Administrator of the Animal and Plant Health Inspection Service. Article. Any material or tangible objects that could harbor or be a vector of plant pests or noxious weeds. Consignment. A quantity of plants, plant products, and/or other articles being moved from one country to another authorized when required, by a single permit. A consignment may be composed of one or more commodities or lots. Country of origin. The country where the plants, or plants from which the plant products are derived, were grown or where the non-plant articles were produced. Enter, entry. To move into, or the act of movement into, the commerce of the United States. Import, importation. To move into, or the act of movement into, the territorial limits of the United States. Inspector. Any individual authorized by the Administrator of the Animal and Plant Health Inspection Service or the Commissioner of the Bureau of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this part. Intended use. The purpose for the importation of the regulated article, including, but not limited to, consumption, propagation, or research purposes. Lot. All the re… | |||||
| 7:7:5.1.1.1.6.4.34.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | D | Subpart D—Permits: Allocation, Issuance, Denial, and Revocation | § 319.7-1 Applying for a permit. | APHIS | (a) Persons who wish to import regulated articles into the United States must apply for a permit, unless the regulated articles are not subject to a requirement under this part that a permit be issued prior to a consignment's arrival. An applicant for a permit to import regulated articles into the United States in accordance with this part must be: (1) Capable of acting in the capacity of the permittee in accordance with § 319.7-2(e), or must designate a permittee who is so capable should the permit be issued; (2) Applying for a permit on behalf of self or on behalf of another person as permittee; and (3) At least 18 years of age. (b) Permit applications must be submitted by the applicant in writing or electronically through one of the means listed at http://www.aphis.usda.gov/plant_health/permits/index.shtml in advance of the action(s) proposed on the permit application. (c) The application for a permit must contain the following information: (1) Legal name, address, and contact information of the applicant, and affirmation by the applicant that the applicant is at least 18 years of age; (2) The same information of the permittee if different from the applicant, and, if the permittee is an individual, affirmation by the permittee that the permittee is at least 18 years of age; (3) Specific type of regulated article (common and scientific names, if applicable); (4) Country of origin; (5) Intended use of the regulated article; (6) Intended port(s) of first arrival; and (7) A description of any processing, treatment, or handling of the regulated article to be performed prior to or following importation, including the location where any processing or treatment was or will be performed and the names and dosage of any chemical employed in treatments of the regulated article. (d) The application for a permit may also require the following information: (1) Means of conveyance; (2) Quantity of the regulated article; (3) Estimated date of arrival; (4) Name, address, and contact information of any broker … | |||||
| 7:7:5.1.1.1.6.4.34.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | D | Subpart D—Permits: Allocation, Issuance, Denial, and Revocation | § 319.7-2 Issuance of permits and labels. | APHIS | (a) Upon receipt of an application, APHIS will issue a permit if, after review of the application, APHIS determines that the regulated articles are eligible to be imported into the United States under any applicable conditions. The permit will specify the applicable conditions of entry and the port of entry, and a copy will be provided to the permittee. The permit will only be valid for the time period indicated on the permit. (b) The applicant for a permit for the importation of regulated articles into the United States must designate the person who will be named as the permittee upon the permit's issuance. The applicant and the permittee may be the same person or different persons. (c) The act, omission, or failure of the permittee as an officer, agent, or person acting for or employed by any other person within the scope of his or her employment or office will be deemed also to be the act, omission, or failure of the other person. (d) Failure to comply with all of the conditions specified in the permit or any applicable regulations or administrative instructions, or forging, counterfeiting, or defacing permits or shipping labels, may result in immediate revocation of the permit, denial of any future permits, and civil or criminal penalties for the permittee. (e) The permittee will remain responsible for the consignment regardless of any delegation to a subsequent custodian of the importation. (f) A permittee must: (1) If an individual, be at least 18 years of age and have and maintain an address in the United States that is specified on the permit and be physically present during normal business hours at that address during any periods when articles are being imported or moved interstate under the permit; or (2) If another legal entity, maintain an address or business office in the United States with a designated individual for service of process; and (3) Serve as the contact for the purpose of communications associated with the movement of the regulated article for the duration of the permit. The PPQ … | |||||
| 7:7:5.1.1.1.6.4.34.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | D | Subpart D—Permits: Allocation, Issuance, Denial, and Revocation | § 319.7-3 Denial of permits. | APHIS | (a) APHIS may deny an application for a permit to import a regulated article into the United States. A denial, including the reason for the denial, will be provided in writing, including by electronic methods, to the applicant as promptly as circumstances permit. The denial of a permit may be appealed in accordance with § 319.7-5. (b) APHIS may deny an application for a permit to import a regulated article: (1) If APHIS determines that the applicant is not likely to abide by permit conditions. Factors that may lead to such a determination include, but are not limited to, the following: (i) The applicant, or a partnership, firm, corporation, or other legal entity in which the applicant has a substantial interest, financial or otherwise, has not complied with any permit that was previously issued by APHIS; (ii) APHIS determines that issuing the permit would circumvent any order revoking or denying a permit under the Plant Protection Act; (iii) APHIS determines that the applicant has previously failed to comply with any APHIS regulation; (iv) APHIS determines that the applicant has previously failed to comply with any Federal, State, or local law, regulation, or instruction concerning the importation of prohibited or restricted foreign agricultural products; (v) APHIS determines that the applicant has failed to comply with the laws or regulations of a national plant protection organization or equivalent body, as these pertain to plant health; (vi) APHIS determines that the applicant has made false or fraudulent statements or provided false or fraudulent records to APHIS; or (vii) The applicant has been convicted or has pled nolo contendere to any crime involving fraud, bribery, extortion, or any other crime involving a lack of integrity. (2) If the application for a permit contains information that is found to be materially false, fraudulent, deceptive, or misrepresentative; (3) If APHIS concludes that the actions proposed under the permit would present an unacceptable risk to plants and plant products be… | |||||
| 7:7:5.1.1.1.6.4.34.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | D | Subpart D—Permits: Allocation, Issuance, Denial, and Revocation | § 319.7-4 Withdrawal, cancellation, and revocation of permits. | APHIS | [78 FR 19807, Apr. 10, 2014, as amended at 81 FR 5888, Feb. 4, 2016] | (a) Withdrawal of an application. If the applicant wishes to withdraw a permit application before issuance of a permit, he or she must provide the request in writing to APHIS. APHIS will provide written notification to the applicant as promptly as circumstances allow regarding reception of the request and withdrawal of the application. (b) Cancellation of permit by permittee. If a permittee wishes to cancel a permit after its issuance, he or she must provide the request in writing to APHIS. APHIS will provide written notification to the applicant as promptly as circumstances allow regarding reception of the request and cancellation of the permit. (c) Revocation of permit by APHIS. APHIS may revoke any outstanding permit to import regulated articles into the United States. A revocation, including the reason for the revocation, will be provided in writing, including by electronic methods, to the permittee as promptly as circumstances permit. The revocation of a permit may be appealed in accordance with § 319.7-5. (d) APHIS may revoke a permit to import a regulated article if: (1) Information is received subsequent to the issuance of the permit of circumstances that APHIS determines would constitute cause for the denial of an application under § 319.7-3; or (2) APHIS determines that the permittee has failed to maintain the safeguards or otherwise observe the conditions specified in the permit or in any applicable regulations or administrative instructions, including, but not limited to, all of the requirements of this part. (e) Upon revocation of a permit, the permittee must, without cost to the Federal Government and in the manner and method APHIS considers appropriate, either: (1) Surrender all regulated articles covered by the revoked permit and any other affected plant material to an inspector; (2) Destroy, under the supervision of an inspector, all regulated articles covered by the revoked permit and any other affected plant material; or (3) Remove all regulated articles covered by the revoked pe… | ||||
| 7:7:5.1.1.1.6.4.34.6 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | D | Subpart D—Permits: Allocation, Issuance, Denial, and Revocation | § 319.7-5 Appeal of denial or revocation. | APHIS | (a) All denials of an application for a permit, or revocations of an existing permit, will be provided in writing, including by electronic methods, as promptly as circumstances permit and will include the reasons for the denial or revocation. (b) Any person whose application for a permit has been denied or whose permit has been revoked may appeal the decision in writing to APHIS within 10 business days from the date the communication of notification of the denial or revocation of the permit was received. The appeal must state all facts and reasons upon which the person is relying to show that the denial or revocation was incorrect. (c) APHIS will grant or deny the appeal in writing and will state in writing the reason for the decision. The denial or revocation will remain in effect during the resolution of the appeal. | |||||
| 7:7:5.1.1.1.6.5.34.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8 Notice of quarantine. | APHIS | [78 FR 25569, May 2, 2013, as amended at 83 FR 11855, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019] | (a) Pursuant to sections 411-414 and 434 of the Plant Protection Act (7 U.S.C. 7711-7714 and 7754), the Administrator of the Animal and Plant Health Inspection Service has determined that the unrestricted importation into the United States from all foreign countries and localities of any parts or products of plants of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters, and other forms of cotton fiber (not including yarn, thread, and cloth); cottonseed hulls, cake, meal, and other cottonseed products, except oil; cotton waste, including gin waste and thread waste; any other unmanufactured parts of cotton plants; second-hand burlap and other fabrics, shredded or otherwise, that have been used or are of the kinds ordinarily used, for containing cotton, grains (including grain products), field seeds, agricultural roots, rhizomes, tubers, or other underground crops, may result in the entry into the United States of the pink bollworm ( Pectinophora gossypiella (Saund.)), the golden nematode of potatoes ( Heterodera rostochiensis Wr.), the flag smut disease ( Urocystis tritici Koern.), and other injurious plant diseases and insect pests. Accordingly, to prevent the introduction into the United States of plant pests, the importation of those articles into the United States is prohibited unless they are imported in accordance with the regulations in this subpart or their importation has been authorized for experimental, therapeutic, or developmental purposes by a controlled import permit issued in accordance with § 319.6. (b) The importation of cotton plants (including any plant parts) that are for planting or capable of being planted is restricted in Subpart H—Plants for Planting of this part. | ||||
| 7:7:5.1.1.1.6.5.34.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8a Administrative instructions relating to the entry of cotton and covers into Guam. | APHIS | The plants and products specified in § 319.8(a) may be imported into Guam without further permit, other than the authorization contained in this paragraph. Sections 319.8-2 and 319.8-3 shall not be applicable to such importations. In addition, such importations need not comply with the requirements of § 319.8-4 relating to notice of arrival inasmuch as there is available to the inspector the essential information normally supplied by the importer at the time of importation. Sections 319.8-5 through 319.8-27 shall not be applicable to importations into Guam. Inspection of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter. | |||||
| 7:7:5.1.1.1.6.5.35.3 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-1 Definitions. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, Apr. 27, 2001; 78 FR 25569, May 2, 2013; 79 FR 19870, Apr. 10, 2014; 83 FR 11855, Mar. 19, 2018] | For the purposes of the regulations in this subpart, the following words shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead. Approved. Approved by the Administrator. Approved areas of Mexico. Any areas of Mexico, other than Northwest Mexico and the west coast of Mexico, which are designated by the Administrator as areas in which cotton and cotton products are produced and handled under conditions comparable to those under which like cotton and cotton products are produced and handled in the generally infested pink bollworm regulated area in the United States. Approved fumigation facilities. Approved vacuum fumigation plant at a port where an inspector is available to supervise the fumigation. Approved mill or plant. A mill or plant operating under a signed agreement with the Plant Protection and Quarantine Programs required for approval of a mill or plant as specified in § 319.8-8(a)(2). Authorized. Authorized by the Administrator. Compressed. Compressed or pressed and baled or packaged to a density greater than approximately 20 pounds and less than approximately 28 pounds per cubic foot. Compressed to high density. Compressed or pressed and baled or packaged to a density of approximately 28 or more pounds per cubic foot. Contamination ( contaminate ). Containing or bearing whole cottonseed or seed cotton or other material which may carry the pink bollworm, the golden nematode of potatoes, the flag smut disease, or other injurious plant diseases or insect pests. (The verb contaminate shall be construed accordingly.) Cotton. Parts and products of plants of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters and other forms of cotton fiber, not including yarn, thread and cloth; cottonseed hulls, cake, meal, and other cottonseed products, except oil; waste; a… | ||||
| 7:7:5.1.1.1.6.5.36.10 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-8 Lint, linters, and waste. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 78 FR 25570, May 2, 2013; 79 FR 19810, Apr. 10, 2014] | (a) Compressed to high density. (1)(i) Entry of lint, linters, and waste, compressed to high density, will be authorized subject to vacuum fumigation by approved methods at any port where approved fumigation facilities are available. (ii) Importations of such lint, linters, and waste, arriving at a northern port where there are no approved fumigation facilities may be entered for transportation in bond to another northern port where such facilities are available, for the required vacuum fumigation. (iii) Such lint, linters, and waste compressed to high density arriving at a port in the State of California where there are no approved fumigation facilities may be entered for immediate transportation in bond via an all-water route if available, otherwise by overland transportation in van-type trucks or box cars after approved surface treatment, or under such other conditions as may be deemed necessary and are prescribed by the inspector to ( a ) any port where approved fumigation facilities are available, there to receive the required vacuum fumigation before release, or ( b ) to an approved mill or plant for utilization. (2) Entry of lint, linters, and waste compressed to high density, will be authorized without vacuum fumigation at any northern port, subject to movement to an approved mill or plant, the owner or operator of which has executed an agreement with the Plant Protection and Quarantine Programs to the effect that, in consideration of the waiving, of vacuum fumigation as a condition of entry and the substitution of approved utilization therefor: (i) The lint, linters, and waste so entered will be processed or manufactured at the mill or plant and until so used will be retained thereat, unless written authority is granted by the Plant Protection and Quarantine Programs to move the material to another mill or plant; (ii) Sanitary measures satisfactory to the Plant Protection and Quarantine Programs will be taken with respect to the collection and disposal of any waste, residues, and covers, including… | ||||
| 7:7:5.1.1.1.6.5.36.11 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-9 Hull fiber and gin trash. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962] | (a) Entry of hull fiber will be authorized under the same conditions as are applicable to waste under this subpart. (b) Gin trash may be imported only under the provisions of § 319.8-20. | ||||
| 7:7:5.1.1.1.6.5.36.12 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-10 Covers. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998] | (a) Entry of covers (including bags, slit bags, and parts of bags) which have been used as containers for cotton grown or processed in countries other than the United States may be authorized either (1) through a Mexican border port named in the permit for vacuum fumigation by an approved method in that part of the United States within the generally infested pink bollworm regulated area; or (2) through a northern port or a port in the State of California subject to vacuum fumigation by an approved method or without vacuum fumigation when the covers are to be moved to an approved mill or plant for utilization. When such covers are forwarded from a northern port to a mill or plant in California for utilization, or from a California port to another California or northern port for vacuum fumigation thereat or for movement to a mill or plant for utilization such movement shall be made by an all-water route unless the bales are compressed to a density of 20 pounds or more per cubic foot in which case the bales may be moved overland in van-type trucks or box cars if all-water transportation is not available. Such overland movement may be made only after approved surface treatment or under such other conditions as may be deemed necessary and are prescribed by the inspector. When such covers arrive at a port other than a northern, California, or Mexican border port they will be required to be transported therefrom immediately in bond by an all-water route to a northern or California port where approved vacuum fumigation facilities are available for vacuum fumigation thereat by an approved method or for forwarding therefrom to an approved mill or plant for utilization. (b) American cotton bagging, commonly known as coarse gunny, which has been used to cover only cotton grown or processed in the United States, may be authorized entry at any port under permit and upon compliance with §§ 319.8-4 and 319.8-5, without fumigation or other treatment. Marking patches of the finer burlaps or other fabrics when attached to bales of… | ||||
| 7:7:5.1.1.1.6.5.36.4 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-2 Permit procedure. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983; 78 FR 25570, May 2, 2013; 79 FR 19811, Apr. 10, 2014] | (a) Except as otherwise provided for in §§ 319.8-10 and 319.8-18, permits shall be obtained for importations into the United States of all cotton and covers. Permits will be issued only for cotton and covers authorized entry under §§ 319.8-6 through 319.8-20. Persons desiring to import cotton or covers under §§ 319.8-6 through 319.8-20 shall, in advance of departure of such material from a foreign port, submit to the Plant Protection and Quarantine Programs an application for a permit in accordance with §§ 319.7 through 319.7-5 . Applications to import cottonseed shall state the approximate quantity and the proposed United States port of entry. Applications to import lint, linters, or waste shall state whether such materials are compressed. (b) Applications to import lint, linters, or waste at a port 1 other than one in the North, in California, or on the Mexican Border shall also specify whether the commodity is compressed to high density. 1 Including ports in Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States. (c) Upon receipt of an application to import lint, linters, waste, or covers, without treatment, for utilization under agreement as defined in § 319.8-8(a)(2), an investigation will be made by an inspector to determine that the receiving mill or plant is satisfactorily located geographically, is equipped with all necessary safeguards, and is apparently in a position to fulfill all precautionary conditions to which it may agree. Upon determination by the inspector that these qualifications are fulfilled, the owner or operator of the mill or plant may sign an agreement specifying that the required precautionary conditions will be maintained. Such signed agreement will be a necessary requisite to the release at the port of entry of any imported lint, linters, waste, or covers for forwarding to and utilization at such mill or plant in lieu of vacuum fumigation or other treatment otherwise required by this subpart. Permits for the importation of such materials will be issued in ac… | ||||
| 7:7:5.1.1.1.6.5.36.5 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-3 Refusal and cancellation of permits. | APHIS | [27 FR 5389, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971; 70 FR 33324, June 7, 2005; 78 FR 25570, May 2, 2013] | (a) Permits for entry from the West Coast of Mexico, as authorized in § 319.8-12 of lint, linters, waste, cottonseed, and cottonseed hulls may be refused and existing permits cancelled by the Administrator if he or she has determined that the pink bollworm is present in the West Coast of Mexico or in Northwest Mexico, or that other conditions exist therein that would increase the hazard of pest introduction into the United States. (b) Permits for entry from Northwest Mexico as authorized in § 319.8-13 of lint, linters, waste, cottonseed, cottonseed hulls, and covers that have been used for cotton, may be refused and existing permits cancelled by the Administrator if he or she has determined that the pink bollworm is present in Northwest Mexico or in the West Coast of Mexico, or that other conditions exist therein that would increase the hazard of pest introduction into the United States. | ||||
| 7:7:5.1.1.1.6.5.36.6 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-4 Notice of arrival. | APHIS | [81 FR 40150, June 21, 2016] | Immediately upon arrival at a port of entry of any shipment of cotton or covers, the importer shall submit to an inspector or, in the case of Guam, through the Customs officer of the Government of Guam, notice of such arrival using a form provided for that purpose (Form PPQ-368). Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. | ||||
| 7:7:5.1.1.1.6.5.36.7 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-5 Marking of containers. | APHIS | [27 FR 5389, June 7, 1962, as amended at 48 FR 57466, Dec. 30, 1983] | Every bale or other container of cotton lint, linters, waste, or covers imported or offered for entry shall be plainly marked or tagged with a bale number or other mark to distinguish it from other bales or containers of similar material. Bales of lint, linters, and waste from approved areas of Mexico, the West Coast of Mexico, or Northwest Mexico shall be tagged or otherwise marked to show the gin or mill of origin unless they are immediately exported. | ||||
| 7:7:5.1.1.1.6.5.36.8 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-6 Cottonseed cake and cottonseed meal. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005] | Entry of cottonseed cake and cottonseed meal will be authorized through any port at which the services of an inspector are available, subject to examination by an inspector for freedom from contamination. If found to be free of contamination, importations of such cottonseed cake and cottonseed meal will be released from further plant quarantine entry restrictions. If found to be contaminated such importations will be refused entry or subjected as a condition of entry to such safeguards as the inspector may prescribe, according to a method selected by the inspector from administratively authorized procedures known to be effective under the conditions under which the safeguards are applied. | ||||
| 7:7:5.1.1.1.6.5.36.9 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-7 Processed lint, linters, and waste. | APHIS | Entry of lint, linters, and waste will be authorized without treatment but upon compliance with other applicable requirements of this subpart when the inspector can determine that such lint, linters, and waste have been so processed by bleaching, dyeing, or other means, as to have removed all cottonseed or to have destroyed all insect life. | |||||
| 7:7:5.1.1.1.6.5.37.13 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-11 From approved areas of Mexico. | APHIS | [27 FR 5309, June 7, 1962, as amended at 63 FR 31101, June 8, 1998; 78 FR 25570, May 2, 2013; 79 FR 19810, Apr. 10, 2014] | (a) Entry of lint, linters, and waste (including gin and oil mill wastes) which were derived from cotton grown in, and which were produced and handled only in approved areas of Mexico 3 may be authorized through Mexican Border ports in Texas named in the permits 3 See § 319.8-1(p) for definition of “Approved areas of Mexico.” These are within that part of Mexico not included in the “West Coast of Mexico” (§ 319.8-1(q)) or “Northwest Mexico” (§ 319.8-1(r)). (1) For movement into the generally infested pink bollworm regulated area such products becoming subject immediately upon release by the inspector to the requirements, in § 301.52 of this chapter, applicable to like products originating in the pink bollworm regulated area, or (2) For movement to an approved mill or plant for utilization, or (3) For movement to New Orleans for immediate vacuum fumigation. (b) Entry of cottonseed or cottonseed hulls in bulk, or in covers that are new or which have not been used previously to contain cotton or unmanufactured cotton products, may be authorized through Mexican Border ports in Texas named in the permits, for movement into the generally infested pink bollworm regulated area when certified by an inspector as having been produced in an approved area and handled subsequently in a manner satisfactory to the inspector. Upon arrival in the generally infested pink bollworm regulated area such cottonseed or cottonseed hulls will be released from further plant quarantine entry requirements and shall become subject immediately to the requirements in § 301.52 of this chapter. | ||||
| 7:7:5.1.1.1.6.5.37.14 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-12 From the West Coast of Mexico. | APHIS | [27 FR 5309, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971; 78 FR 25570, May 2, 2013] | Contingent upon continued freedom of the West Coast of Mexico and of Northwest Mexico from infestations of the pink bollworm, entry of the following products may be authorized under permit subject to inspection to determine freedom from hazardous plant pest conditions: (a) Compressed lint and linters. (b) Uncompressed lint and linters for movement into the generally infested pink bollworm regulated area, movement thereafter to be in accordance with § 301.52 of this chapter. (c) Compressed or uncompressed cotton waste for movement under bond to Fabens, Texas, for vacuum fumigation after which it will be released from further plant quarantine entry requirements. (d) Cottonseed when certified by an inspector as having been treated, stored, and transported in a manner satisfactory to the Administrator. (e) Untreated, non-certified cottonseed contained in new bags for movement by special manifest to any destination in the generally infested pink bollworm regulated area, movement thereafter to be in accordance with § 301.52 of this chapter. (f) Cottonseed hulls when certified by an inspector as having been treated, stored, and transported in a manner satisfactory to the Administrator. (g) Any cotton products for movement through Mexican border ports in Texas directly into the generally infested pink bollworm regulated area, movement thereafter to be in accordance with § 301.52 of this chapter. | ||||
| 7:7:5.1.1.1.6.5.37.15 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-13 From Northwest Mexico. | APHIS | Contingent upon continued freedom of Northwest Mexico and of the West Coast of Mexico from infestations of the pink bollworm and other plant pest conditions that would increase risk of pest introduction into the United States with importations authorized under this section, entry of the following products may be authorized under permit subject to inspection upon arrival to determine freedom from hazardous plant pest conditions: (a) Lint, linters, and waste. (b) Cottonseed. (c) Cottonseed hulls. (d) Covers that have been used for cotton only. | |||||
| 7:7:5.1.1.1.6.5.37.16 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-14 Mexican cotton and covers not otherwise enterable. | APHIS | Mexican cotton and covers not enterable under § 319.8-11, § 319.8-12, or § 319.8-13 may be entered in accordance with §§ 319.8-6 through 319.8-10 and §§ 319.8-16 through 319.8-20 insofar as said sections are applicable. | |||||
| 7:7:5.1.1.1.6.5.38.17 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-16 Importation into United States of cotton and covers exported therefrom. | APHIS | (a) Cotton and covers grown, produced, or handled in the United States and exported therefrom, and in the original bales or other containers in which such material was exported therefrom, may be imported into the United States at any port under permit, without vacuum fumigation or other treatment or restriction as to utilization, upon compliance with §§ 319.8-2, 319.8-4, and § 319.8-5, and upon the submission of evidence satisfactory to the inspector that such material was grown, produced, or handled in the United States and does not constitute a risk of introducing the pink bollworm into the United States. (b) Cotton and covers of foreign origin imported into the United States in accordance with this subpart and exported therefrom, when in the original bales or other original containers, may be reimported into the United States under the conditions specified in paragraph (a) of this section. | |||||
| 7:7:5.1.1.1.6.5.38.18 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-17 Importation for exportation, and importation for transportation and exportation; storage. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998; 78 FR 25570, May 2, 2013; 79 FR 19810, Apr. 10, 2014] | (a) Importation of cotton and covers for exportation, or for transportation and exportation, in accordance with this subpart shall also be subject to §§ 352.1 through 352.8 of this chapter, as amended. (b) Importation at northern ports of unfumigated lint, linters, waste, cottonseed cake, cottonseed meal and covers used only for cotton, for exportation or for transportation and exportation through another northern port, may be authorized by the inspector under permit if, in his judgment, such procedures can be authorized without risk of introducing the pink bollworm. (c) Entry under permit of lint, linters, or waste compressed to high density will be authorized for purposes of storage in the north pending exportation, fumigation, or utilization in an approved mill or plant provided the owner or operator of such proposed storage place has executed an agreement with the Plant Protection and Quarantine Programs similar to those required for mills or plants to utilize lint, linters, and waste as specified in § 319.8-8(a)(2), and provided further that (1) Inspectors are available to supervise the storage, (2) The bales of material to be stored are free from surface contamination, (3) The material is kept segregated from other cotton and covers in a manner satisfactory to the inspector, and (4) The waste is collected and disposed of in a manner satisfactory to the inspector. (d) Except as provided in § 319.8-23(a)(4), compressed lint, linters, and waste, uncompressed waste derived from cotton milled in a non-cotton-producing country, 4 and covers, arriving at a port in the north for entry for exportation, vacuum fumigation, or utilization in accordance with the requirements in this subpart, may be allowed movement in Customs custody for storage at a point in the north pending such exportation, or movement to an approved mill or plant for vacuum fumigation or utilization, when there are inspectors available to supervise such storage, if the bales are free of surface contamination, if they are kept segregate… | ||||
| 7:7:5.1.1.1.6.5.38.19 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-18 Samples. | APHIS | (a) Samples of lint, linters, waste, cottonseed cake, and cottonseed meal may be entered without further permit other than the authorization contained in this section, but subject to inspection and such treatment as the inspector may deem necessary. Samples which represent either such products of United States origin or such products imported into the United States in accordance with the requirements of this subpart, and which were exported from the United States, may be entered into the United States without inspection when the inspector is satisfied as to the identity of the samples. (b) Samples of cottonseed or seed cotton may be entered subject to the conditions and requirements provided in §§ 319.8-2, 319.8-4, and 319.8-19. (c) Bales or other containers of cotton shall not be broken or opened for sampling and samples shall not be drawn until the inspector has so authorized and has prescribed the conditions and safeguards under which such samples shall be obtained. | |||||
| 7:7:5.1.1.1.6.5.38.20 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | §§ 319.8-19--319.8-20 [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.6.5.38.21 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-21 Release of cotton and covers after 18 months' storage. | APHIS | Cotton and covers, the entry of which has been authorized subject to vacuum fumigation or other treatment because of the pink bollworm only, and which have not received such treatment but have been stored for a period of 18 months or more will be released from further plant quarantine entry restrictions. | |||||
| 7:7:5.1.1.1.6.5.38.22 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-22 Ports of entry or export. | APHIS | When ports of entry or export are not specifically designated in this subpart but are left to the judgment of the inspector, the inspector shall designate only such ports as have been administratively approved for such entry or export. | |||||
| 7:7:5.1.1.1.6.5.38.23 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-23 Treatment. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4251, Jan. 26, 2010] | (a)(1) Vacuum fumigation as required in this subpart must be conducted in accordance with part 305 of this chapter. (2) After cotton and covers have been vacuum fumigated they shall be so marked under the supervision of an inspector. Such material may thereafter be distributed, forwarded, or shipped without further plant quarantine entry restriction. (3) Cotton and covers held by an importer for vacuum fumigation must be stored under conditions satisfactory to the inspector. (4) Prompt vacuum fumigation of cotton and covers (other than high density cotton free of surface contamination) will be required at non-northern ports. Similar prompt vacuum fumigation will be required at Norfolk, Virginia, during the period June 15 to October 15 of each year, except for covers which have been used to contain only lint, linters, or waste, and the bales of which are compressed to a density of 28 or more pounds per cubic foot and are free of surface contamination. (b) An inspector may authorize the substitution of processing, utilization, or other form of treatment for vacuum fumigation when in his opinion such other treatment, selected by him from administratively authorized procedures, will be effective in eliminating infestation of the pink bollworm. | ||||
| 7:7:5.1.1.1.6.5.38.24 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-24 Collection and disposal of waste. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005] | (a) Importers shall handle imported, unfumigated cotton and covers in a manner to avoid waste. If waste does occur, the importer or his or her agent shall collect and dispose of such waste in a manner satisfactory to the inspector. (b) If, in the judgment of an inspector, it is necessary as a safeguard against risk of pest dispersal to clean railway cars, lighters, trucks, and other vehicles and vessels used for transporting such cotton or covers, or to clean piers, warehouses, fumigation plants, mills, or other premises used in connection with importation of such cotton or covers, the importer or his or her agent shall perform such cleaning, in a manner satisfactory to the inspector. (c) All costs incident to such collection, disposal, and cleaning other than the services of the inspector during his or her regular tour of duty and at the usual place of duty, shall be borne by the importer or his or her agent. | ||||
| 7:7:5.1.1.1.6.5.38.25 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-25 Costs and charges. | APHIS | The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer. The Plant Protection and Quarantine Programs will not assume responsibility for any costs or charges, other than those indicated in this section, in connection with the entry, inspection, treatment, conditioning, storage, forwarding, or any other operation of any character incidental to the physical entry of an importation of a restricted material. | |||||
| 7:7:5.1.1.1.6.5.38.26 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | E | Subpart E—Foreign Cotton and Covers | § 319.8-26 Material refused entry. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001] | Any material refused entry for noncompliance with the requirements of this subpart shall be promptly removed from the United States or abandoned by the importer for destruction, and pending such action shall be subject to the immediate application of such safeguards against escape of plant pests as the inspector may prescribe. If such material is not promptly safeguarded by the importer, removed from the United States, or abandoned for destruction to the satisfaction of the inspector it may be seized, destroyed, or otherwise disposed of in accordance with sections 414 and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731). Neither the Department of Agriculture nor the inspector will be responsible for any costs accruing for demurrage, shipping charges, cartage, labor, chemicals, or other expenses incidental to the safeguarding or disposal of material refused entry by the inspector, nor will the Department of Agriculture or the inspector assume responsibility for the value of material destroyed. | ||||
| 7:7:5.1.1.1.6.6.39.1 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | F | Subpart F—Sugarcane | § 319.15 Notice of quarantine. | APHIS | [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001; 78 FR 25570, May 2, 2013; 83 FR 11855, Mar. 19, 2018; 84 FR 2429, Feb. 7, 2019] | (a) The importation into the United States of sugarcane and its related products, including cuttings, canes, leaves and bagasse, from all foreign countries and localities is prohibited, except for importations for experimental, therapeutic, or developmental purposes under the conditions specified in a controlled import permit issued in accordance with § 319.6. (b) The importation of sugarcane plants (including any plant parts) that are for planting or capable of being planted is restricted under Subpart H—Plants for Planting of this part. (c) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States. | ||||
| 7:7:5.1.1.1.6.6.39.2 | 7 | Agriculture | III | 319 | PART 319—FOREIGN QUARANTINE NOTICES | F | Subpart F—Sugarcane | § 319.15a Administrative instructions and interpretation relating to entry into Guam of bagasse and related sugarcane products. | APHIS | Bagasse and related sugarcane products have been so processed that, in the judgment of the Department, their importation into Guam will involve no pest risk, and they may be imported into Guam without further permit, other than the authorization contained in this paragraph. Such importations may be made without the submission of a notice of arrival inasmuch as there is available to the inspector the essential information normally supplied by the importer at the time of importation. Inspection of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter. |
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