(11) Okra and kenaf, including all parts of such plants, except canned or frozen okra.

(12) Any other products, articles or means of conveyance, of any character whatsoever, not covered by paragraphs (b) (1) through (11) of this section, when it is determined by an inspector that they present a hazard of spread of pink bollworm, and the person in possession thereof has been so notified.

(Sec. 106, 71 Stat. 33; 7 U.S.C. 150ee; sec. 8, 9, 37 Stat. 318; 7 U.S.C. 161, 162; 7 CFR 2.17, 2.51, 371.2(c))

[32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22,1983; 48 FR 46262, Oct. 12, 1983]

Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively to mean:

(a) Certificate. A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination.

(b) Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person.

cumstances that make it reasonable to believe that pink bollworm is present.

(f) Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart.

(g) Interstate. From any State, territory, or district of the United States into or through any other State, territory, or district of the United States (including Puerto Rico).

(h) Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertified regulated articles to a specified destination for limited handling, utilization, or processing or for treatment.

(i) Moved (movement, move). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. "Movement" and "move" shall be construed accordingly.

(j) Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing.

(k) Pink bollworm. The live insect known as the pink bollworm of cotton (Pectinophora gossypiella Saund.), in any stage of development.

(1) Regulated area. Any quarantined State, territory, or district, or any portion thereof, listed as a regulated area in § 301.52-2a by the Deputy Administrator in accordance with 301.522(a).

(m) Regulated articles. Any articles described in § 301.52(b).

(n) Restricted destination permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certified under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes.

(0) Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes.

(p) Suppressive area. That part of a regulated area where eradication of infestation is undertaken as an objective, as designated by the Deputy Administrator under § 301.52-2(a).

(q) Treatment manual. The provisions currently contained in the "Manual of Administratively Authorized Procedures To Be Used Under the Pink Bollworm Quarantine" and the "Fumigation Procedures Manual" and any amendments thereto.1

[32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972]

§ 301.52-2 Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas, and articles which are exempt from certification and permit requirements. The Deputy Administrator shall publish and amend from time to time as the facts warrant, the following lists:

(a) List of regulated areas and suppressive or generally infested areas. The Deputy Administrator shall list as regulated areas in a supplemental regulation designated as § 301.52-2a, the quarantined States, territories, or districts, or portions thereof, in which pink bollworm has been found or in which there is reason to believe that pink bollworm is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator, in the supplemental regulation, may divide any regulated area into a suppressive area and a generally infested area in accordance with the definitions thereof in § 301.52-1. Less than an entire quarantined State, territory, or district will be designated as a regulated area only if the Deputy Administrator is of the opinion that:

(1) The State, territory, or district has adopted and is enforcing a quarantine or regulations which imposes re

'A pamphlet containing such provisions is available, upon request, from the Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, D.C. 20250, or from an inspector.

strictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and

(2) The designation of less than the entire State, territory, or district, as a regulated area will otherwise be adequate to prevent the interstate spread of the pink bollworm.

(b) List of articles which are exempt from certification and permit requirements. The Deputy Administrator may, in a supplemental regulation designated as § 301.52-2b, list regulated articles which shall be exempt from the certification and permit requirements of § 301.52-3 under such conditions as he may prescribe, if he finds that facts exist as to the pest risk involved in the movement of such regulated articles which make it safe to so relieve such requirements.

§ 301.52-2a Regulated area; suppressive and generally infested areas.

The civil divisions and part of civil divisions described below are designated as pink bollworm regulated areas within the meaning of the provisions of this subpart; and such regulated areas are hereby divided into generally infested areas or suppressive areas as indicated below.

(2) Suppressive area.

Bossier Parish. The entire parish. Caddo Parish. The entire parish.

NEVADA

(1) Generally infested area. Clark County. The entire county. Nyle County. The entire county. (2) Suppressive area. None.

NEW MEXICO

(1) Generally infested area. Entire State. (2) Suppressive area. None.

OKLAHOMA

(1) Generally infested area. Entire State. (2) Suppressive area. None.

TEXAS

(1) Generally infested area. Entire State. (2) Suppressive area. None.

(Secs. 8, 9, 37 Stat. 318, as amended, sec. 106, 71 Stat. 33 (7 U.S.C. 161, 162, 150ee); 37 FR 28464, 28477; 38 FR 19140; 7 CFR 301.52-2, as amended; sec. 106, 71 Stat. 33; 7 U.S.C. 150ee; sec. 8, 9, 37 Stat. 318; 7 U.S.C. 161, 162; 7 CFR 2.17, 2.51, 371.2(c))

[42 FR 13533, Mar. 11, 1977; 42 FR 25849, May 20, 1977, as amended at 43 FR 25135, June 9, 1978; 44 FR 45595, Aug. 13, 1979; 45 FR 43368, June 27, 1980; 46 FR 21149, Apr. 9, 1981; 47 FR 8983, Mar. 3, 1982; 47 FR 33667, Aug. 4, 1982; 48 FR 28424, June 22, 1983; 48 FR 46262, Oct. 12, 1983]

§ 301.52-2b Exemptions and interpretation.

(a) The following articles are exempted from the certification and permit requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (3) of this section and have not been exposed to infestation after ginning, compression, or other handling as prescribed in said paragraphs:

(1) Baled cotton lint, linters and lint cleaner waste, if compressed to a minimum of 22 pounds per cubic foot.

(2) Baled cotton lint moving from the generally infested area into the suppressive area, if the lint is from seed cotton produced in the suppressive area and moved to the generally infested area for ginning, provided the identity of the baled cotton lint is maintained.

"The articles hereby exempted remain subject to applicable restrictions under other quarantines.

(3) Samples of cotton lint and cotton linters of the usual trade size. The samples may be assembled in a single package for shipment.

(b) Edible okra is exempted from the certification and permit requirements of this subpart from December 1 to May 15 of any year except for okra consigned to California which is exempted only during the period January 1 to March 15.

(c) In the administration of § 301.524(b), edible okra shall be deemed to be eligible for a limited permit, without any limitation as to handling, utilization, or processing or requirement of treatment, if it is moving during the period May 16 through November 30 of any year, to any destination in Colorado, Connecticut, Delaware, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, or Wyoming, or the District of Columbia, or that part of Virginia, Missouri, Illinois, or Kentucky north of the 38th parallel.

[33 FR 11585, Aug. 15, 1968]

8 301.52-3 Conditions governing the interstate movement of regulated articles from quarantined States. 3

Any regulated articles may be moved interstate from any quarantined State under the following conditions:

(a) From any regulated area, with certificate or permit issued and attached in accordance with §§ 301.52-4 and 301.52-7 if moved:

(1) From any regulated area into or through any point outside of the regulated areas; or

(2) From any generally infested area into or through any suppressive area;

or

(3) Between any noncontiguous suppressive areas; or

(4) Between contiguous suppressive areas when it is determined by the inspector that the regulated articles

'Requirements under all other applicable Federal domestic plant quarantines must also be met.

present a hazard of the spread of the pink bollworm and the person in possession thereof has been so notified; or (b) From any regulated area, without certificate or permit if moved;

(1) Under the provisions of § 301.522b which exempts certain articles from certificate and permit requirements; or

(2) From a generally infested area to a contiguous generally infested area;

or

(3) From a suppressive area to a contiguous generally infested area; or

(4) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the pink bollworm exists; or

(5) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or

(c) From any area outside the regulated areas, without a certificate or permit if the regulated articles are exempted under the provisions of § 301.52-2b or if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.

8 301.52-4 Issuance and cancellation of certificates and permits.

(a) Certificates may be issued for any regulated articles by any inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and:

(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or

(2) Upon examination, have been found to be free of infestation; or

(3) Have been treated to destroy infestation in accordance with the treatment manual; or

(4) Have been grown, produced, manufactured, stored, or handled in such

manner that no infestation would be transmitted thereby.

(b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles, not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the treatment manual, when upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of the pink bollworm and requirements of other applicable Federal domestic plant quarantines have been met.

(c) Restricted destination permits may be issued by an inspector to allow the interstate movement of regulated articles to any destination permitted under all applicable Federal domestic plant quarantines (for other than scientific purposes) if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart.

(d) Scientific permits may be issued by the Deputy Administrator to allow the interstate movement of regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the Deputy Administrator.

(e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subsequent shipments provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may use the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has made one of the determination specified in paragraph (a) of this section with respect to such articles. Any such person may use the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specific destinations authorized by the inspector in accordance with paragraph (b) of this

section. Any such person may use the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section.

(f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector if he determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart.

§ 301.52-5 Compliance agreements; and cancellation thereof.

(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector.

(b) Any compliance agreement may be cancelled by the inspector who is supervising its enforcement whenever he finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement.

§ 301.52-6 Assembly and inspection of regulated articles.

Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.52-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection.

§ 301.52-7 Attachment and disposition of certificates or permits.

(a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or

permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required.

(b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.

§ 301.52-8 Inspection and disposal of regulated articles and pests.

Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and pink bollworms as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Plant Pest Act (7 U.S.C. 150dd), in accordance with instructions issued by the Deputy Administrator.

§ 301.52-9 Movement of live pink boll

worms.

Regulations requiring a permit for, and otherwise governing the movement of live pink bollworms in interstate or foreign commerce are contained in the Federal Plant Pest regulations in Part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator.

8 301.52-10 Nonliability of the Department.

The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.

Subpart-Mexican Fruit Fly Quarantine and Regulations

AUTHORITY: Secs. 8 and 9, 37 Stat. 318, as amended (7 U.S.C. 161, 162); secs. 105 and 106, 71 Stat. 32, 71 Stat. 33 (7 U.S.C. 150dd, 150ee); 37 FR 28464, 38477, as amended; 45 FR 8564, 8565.