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(h) Soil. The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts.
§ 320.4 Inspection.
As a condition of entry into the United States from Mexico all articles and materials designated in § 320.2 shall be subject to examination by an inspector for the purpose of determining whether they may enter the United States without risk of introducing insect pests and plant diseases.
§ 320.5 Railway cars.
When the inspector has determined by examination that railway cars may enter the United States without risk of introducing insect pests and plant diseases into the United States, he shall, insofar as these regulations may govern, permit their entry. If the examination discloses that any car is contaminated and would involve risk of introducing insect pests or plant diseases into the United States, he shall prescribe, as condition of entry, cleaning, transfer of cargo, or disinfection, or all three. When cleaning alone has been prescribed and done to the satisfaction of the inspector he shall permit the entry of the cleaned cars, insofar as these regulations may govern entry. When disinfection is prescribed the entry of the cars shall be conditioned on their being fumigated, under the supervision of the inspector, either in a Governmentowned fumigation house or otherwise in a place and by methods prescribed by the inspector. Immediately upon entry of railway cars for fumigation they shall be moved by the owner or agent having charge of same directly to the Government-owned fumigation plant or "spotted" at an approved place and before placing the cars in the fumigation chambers or "spotting" them for fumigating the railroad company servicing the cars shall cause the car doors to be opened and subsequent to fumigation it shall be the responsibility of the railroad company to remove the cars from the fumigation plant or place where they have been "spotted" and to close the car doors when the occasion requires. When the
prescribed fumigation has been accomplished in manner required by the Deputy Administrator of the Plant Protection and Quarantine Programs, the inspector shall permit entry into the United States insofar as this part may govern. The inspector may authorize temporary entry of railway cars under conditions to be prescribed by him for unloading or loading in railroad yards at the port of entry or for intransit movement from and to Mexico.
§ 320.6 Vehicles, articles, and materials, other than railway cars and unregulated boats.
When the inspector has determined by examination that vehicles, other than railway cars and unregulated boats, or any of the various articles and materials covered by this part may enter the United States without risk of introducing insect pests or plant diseases, he shall permit their entry insofar as the regulations in this part may govern. If the examination by the inspector discloses such regulated vehicles, articles, or materials are contaminated and would involve risk of introducing insect pests or plant diseases into the United States, he shall prescribe, as a condition of entry, cleaning, transfer of cargo, or disinfection, or any or all of these. The cleaning, transfer of cargo and disinfection shall be carried out under his supervision and to his satisfaction and until it has been so accomplished, entry into the United States shall be refused.
§ 320.7 Responsibility for opening and cleaning.
The owner or agent in charge of railway cars, other vehicles, and freight, express, baggage, articles, or other materials shall open these for inspection as required by the inspector and provide reasonable access to every part thereof, and when cleaning is prescribed by the inspector as a condition of entry, shall so open, and clean, and do any and all things reasonably pertaining thereto as required by the inspector. All costs incident to entry, opening, and cleaning, except for the
services of the inspector, shall be paid by the owner or agent in charge.
§ 320.8 Responsibility for disinfection.
When disinfection involves fumigation, the treatment may be done in Government-owned facilities available for that purpose or in the railway cars themselves. If, in the judgment of the inspector, fumigation will not provide adequate safeguards against the introduction of insect pests and plant diseases, he may prescribe another type of disinfection which shall be applied by the owner or agent under the supervision of the inspector. Costs incident to disinfection, other than for the services of the inspector, shall be borne by the owner or his agent.
[32 FR 8953, June 23, 1967]
§ 320.9 Fees for disinfection in Government-owned facilities.
Prior to entry of railway cars or other vehicles to be fumigated in Government-owned facilities, as a condition of entry, the owner or his agent (including a carrier) shall arrange for the payment of all costs incident to such fumigation, except for the service of an inspector during regularly assigned hours of duty and at the usual place of duty. The fee collected shall represent as nearly as may be determined by the Deputy Administrator of the Plant Protection and Quarantine Programs the average cost of materials, facilities, and special labor used by the Plant Protection and Quarantine Programs in performing such fumigation. Payment of the fee, if practicable, shall be in the form of postal money orders, bank drafts, or certified checks drawn on U.S. banks, drawn to the credit of the Treasurer of the United States. Payment in U.S. currency will be accepted if tendered. All fees so collected by the inspector shall be promptly turned in to the Treasury of the United States as miscellaneous receipts in accordance with the practice approved by the Secretary of Agriculture. When fumigation is performed outside Government-owned facilities, all costs of such fumigation shall be borne by the owner or agent in charge.
Soil may be imported, as such, from Mexico at any port on the Mexican border only as authorized under this section.
(a) Permits. The Deputy Administrator of the Plant Protection and Quarantine Programs may issue permits for the importation of soil for research, analytical, religious, ceremonial, patriotic or similar purposes, or such other purposes as he shall deem consistent with the objectives of this part, specifying in the permit or in the related correspondence, the safeguards, including methods of treatment or other conditions, which he deems necessary for the purpose of preventing the introduction of insect pests and plant diseases.
(b) Applications for permits. Only persons resident in the United States may apply for permits to import soil from Mexico at a port on the Mexican border. Any such person contemplating such an importation shall first make application for a permit by using the form provided therefor by the Plant Protection and Quarantine Programs or by submitting to the Plant Protection and Quarantine Programs, in the form of a letter or other written communication, the following information: Origin of the shipment, destination, quantity, method of shipment, proposed port of first arrival in the United States, approximate date of arrival in the United States, intended use, measures to be employed to prevent danger of dissemination of insect pests and plant diseases, method of final disposition, and the number of parcels expected to be moved. In acting upon the application for permit for such importation of soil, the Deputy Administrator will follow the procedures outlined in § 330.202 of this chapter for the consideration of applications for permits to move plant pests, insofar as they are applicable.
(c) Issuance of permits; special mailing labels for mail importations. Upon the approval of an application for a permit to import soil from Mexico under this part, a permit may be issued, including any conditions which,
in the opinion of the Deputy Administrator, are necessary in order to prevent the introduction of insect pests and plant diseases. The Deputy Administrator may require the applicant to agree in writing to the conditions prior to the issuance of the permit. The importer will receive with the permit information on the manner in which the importation is to be made. Permission to import soil without conditions may be issued orally by the inspector, if the soil is not imported by mail. All containers for soil are to be stoutly constructed so as to prevent breakage in transit and danger of dissemination of insect pests and plant diseases and shall be appropriately labeled as to contents. If the soil is imported by mail, special mailing labels will be issued to the importer, with instructions for their use, which he is to send to the foreign shipper. The quantity of mailing labels issued will be sufficient for the foreign shipper to attach one to each parcel forwarded by mail. Such mailing labels will indicate to the postal and the plant quarantine officials that the importation is authorized under the conditions specified in the permit. Importations arriving by mail without labels will be subject to refusal of entry into the United States by the inspector unless treated, at the expense of the owner, in a manner to remove danger of introduction of insect pests and plant diseases. The Deputy Administrator may issue mailing labels for importations into the United States of earth other than soil when the importation might otherwise be impeded because of similarity to earth subject to regulation under this section.
[24 FR 10822, Dec. 29, 1959, as amended at 32 FR 8954, June 23, 1967; 36 FR 24917, Dec. 24, 1971]
321.4 Applications for permits for importation of potatoes.
321.5 Permits for entry of potatoes. 321.6 Foreign certificate of inspection. 321.7 Notice of arrival of potatoes by permittee.
321.8 Special provision for the importation of potatoes from Bermuda and Canada (except Newfoundland and the Land District of South Saanich on Vancouver Island of British Columbia).
AUTHORITY: Sec. 9, 37 Stat. 318; 7 U.S.C. 162. Interpret or apply secs. 1 and 5, 37 Stat. 315, as amended, 316, 7 U.S.C. 154, 159.
SOURCE: 24 FR 10824, Dec. 29, 1959, unless otherwise noted.
(a) The Secretary of Agriculture, under authority conferred by section 5 of the act of Congress approved August 20, 1912, known as the Plant Quarantine Act (37 Stat. 316; 7 U.S.C. 159), does hereby determine and declare that, on and after January 15, 1914, potatoes imported or offered for import into the United States shall be subject to all the provisions of sections 1, 2, 3, and 4 of said act of Congress.
(b) As used in this part, 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.
[24 FR 10824, Dec. 29, 1959, as amended at 30 FR 14551, Nov. 23, 1965]
country when it is determined by such field inspection as shall be approved as adequate by the Plant Protection and Quarantine Programs that such country is free from potato wart and other injurious potato diseases and insect pests new to or not widely prevalent or distributed within and throughout the United States, and such country must further agree to examine and certify all potatoes offered for export in compliance with the regulations in this subpart: Provided, That the entry of potatoes will not be permitted from any country unless such country has an effective quarantine prohibiting the entry into such country of potatoes from any country known to be invaded by the potato wart or other injurious potato diseases or insect pests new to or not widely prevalent or distributed within and throughout the United States: Provided further, That the restrictions in this subpart shall not apply to the importation of potatoes into Guam, but such importations are subject to the requirements of § 319.56-2.
(b) Entry of potatoes will not be allowed unless the invoice is accompanied by an original certificate and unless each container bears a copy certificate in accordance with § 321.6.
(c) Potatoes will be admitted into the United States only through the port designated in the permit.
(d) The entry of potatoes will not be permitted except where the shipments pass directly from the country of origin to the port of entry in the United States: Provided, That when transshipment is necessary at a port of a country under quarantine such transshipment shall be made by lighters from boat to boat in the harbor without landing the potatoes, and the consular invoice of place of origin must follow the shipment from original port of departure to the port of entry in the United States.
(e) No shipment of potatoes will be permitted entry until it has been examined by an inspector of the Department of Agriculture and found or believed to be free from the potato wart and other injurious potato diseases and insect pests.
(f) Shipments of potatoes certified as provided herein found to be infest
ed with potato wart or other injurious potato diseases, or with insect pests, will be refused entry.
(g) All charges for storage, cartage, and labor incident to inspection other than the services of inspectors, shall be paid by the importer.
(h) Except in case of bulk shipments, potatoes shall be contained only in bags, boxes, barrels, or other containers that have not previously been used for potatoes.
§ 321.4 Applications for permits for importation of potatoes.
(a) Persons contemplating the importation of potatoes shall first make application to the Plant Protection and Quarantine Programs, Department of Agriculture, Washington, D.C. 20250, for a permit, stating in the application the name and address of the exporter, the country and locality where grown, the port of departure (or port of consular invoice), the proposed port of entry, and the name and address of the importer in the United States to whom the permit should be sent.
(b) Applications for permits must be made in advance of the shipment of the potatoes.
(c) Applications may be made by telegraph, in which case the information required above must be given.
(Approved by the Office of Management and Budget under control number 05790049)
(44 U.S.C. 35)
[24 FR 10824, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
§ 321.5 Permits for entry of potatoes.
(a) On approval by the Secretary of Agriculture of an application for the importation of potatoes a permit will be issued in quadruplicate. One copy of the permit will be furnished to the applicant, to be retained by him for presentation on the arrival of the imported potatoes to the customs officer at the port of entry named in the permit, one copy will be mailed to the collector at the port of entry, one to the inspector of the Department of Agriculture, and the fourth filed with the application. The beginning of the period for which a permit will be valid
will be expressed in the permit. All permits will expire on the 30th day of June next after they become valid.
(b) Permits for the entry of potatoes may be refused and existing permits may be canceled on proof that the certificate of inspection does not correctly give the locality where the potatoes were grown, character of the shipment as to freedom from disease or insect infestation, or that the containers have been previously used for the shipment of potatoes.
§ 321.6 Foreign certificate of inspection.
(a) Each certificate shall give the number of the permit; the date of inspection; name and address of the exporter; the district or locality and the country where grown; name and address of consignee; a statement that the potatoes were grown in a district free from infection with potato wart and have been certified by a duly authorized official to be free from potato wart and other injurious potato diseases and insect pests, and that they are contained in bags, boxes, barrels, or other containers that have not previously been used for potatoes, except as to bulk shipments. The original certificate shall be signed and sealed by a responsible inspection official for the country of origin. The copy certificate may be entirely printed, including the seal. The form of such certificate shall be as follows:
To whom it may concern:
This is to certify that the potatoes included in this shipment as per invoice attached, shipped under permit No. consigned to
(Name and address of
ment of the Plant Protection and Quarantine Programs, are found to be so infested as plainly to indicate that the foreign inspection is merely perfunctory.
(c) Lists of officials in foreign countries authorized to inspect potatoes, giving their names and official designations, will be furnished to collectors of customs through the Secretary of the Treasury.
§ 321.7 Notice of arrival of potatoes by permittee.
(a) Immediately upon arrival and before unloading from the vessel or other carrier the permittee shall notify the Secretary of Agriculture, on forms provided for that purpose, stating the number of permit, the quantity of potatoes included in the shipment, the country and locality where grown, the name and address of exporter or shipper, the port of departure, the date of arrival, and the name of the ship or vessel if transported by water, and the designation of the dock where the potatoes are to be landed, and, if by rail, the name of the railroad company, the car numbers, and the terminal where the potatoes are to be unloaded. If the destination of the car is changed en route the permittee shall immediately notify the Secretary of Agriculture of the final destination.
(b) At the same time a copy of the notice to the Secretary of Agriculture shall be sent by the permittee to the duly authorized inspector of the department at the port of entry designated in the permit.
(c) Permits may be canceled and other permits refused if the permittee fails to give either of said notices or gives a false notice.
(d) Lists of such inspectors and officers may be ascertained from the collector of customs or the Plant Protection and Quarantine Programs, Washington, D.C. 20250.
(Approved by the Office of Management and Budget under control number 05790049)
(44 U.S.C. 35)
[24 FR 10824, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]