Code of Federal Regulations: Containing a Codification of Documents of ...

Sec.

301.81-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.

301.81-2a Regulated areas; suppressive and generally infested areas. 301.81-2b Exempted articles.

301.81-3 Conditions governing the interstate movement of regulated articles from quarantined States. 301.81-4 Issuance and cancellation of certificates and permits.

301.81-5 Compliance agreement, and cancellation thereof.

301.81-6 Assembly and inspection of regulated articles.

301.81-7 Attachment and disposition of certificates and permits.

301.81-8 Inspection and disposal of regulated articles and pests.

301.81-9 Movement of live imported fire ants.

301.81-10 Nonliability of the Department.

Subpart-Unshu Oranges

301.83 Notice of quarantine.

Subpart-Golden Nematode

QUARANTINE AND REGULATIONS

301.85 Quarantine; restriction on interstate movement of specified regulated articles.

301.85-1 Definitions.

301.85-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.

301.85-2a Regulated areas; suppressive and generally infested areas. 301.85-2b Exempted articles. 301.85-3 Conditions governing the inter

state movement of regulated articles from quarantined States.

301.85-4 Issuance and cancellation of certificates and permits.

301.85-5 Compliance agreement and cancellation thereof.

301.85-6 Assembly and inspection of regulated articles.

301.85-7 Attachment and disposition of certificates and permits.

301.85-8 Inspection and disposal of regulated articles and pests.

301.85-9 Movement of live golden nematodes.

301.85-10 Nonliability of the Department.

Sec.

Subpart-Sugarcane Diseases

QUARANTINE AND REGULATIONS

Sec. 301.87 Quarantine; restrictions on interstate movement of specified articles. 301.87-1 Definitions.

301.87-2 Regulated articles. 301.87-3 Regulated areas. 301.87-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.

301.87-5 Issuance and cancellation of certificates and limited permits.

301.87-6 Compliance agreement; cancellation.

301.87-7 Assembly and inspection of regulated articles.

301.87-8 Attachment and disposition of certificates and limited permits. 301.87-9 Costs and charges. 301.87-10 Treatments.

AUTHORITY: Secs. 8, 9, 37 Stat. 318, secs. 103, 106, 71 Stat. 32, 33; 7 U.S.C. 150bb, 150ee, 161, 162; 37 FR 28464, Dec. 27, 1972; 38 FR 19141, July 18, 1973, as amended, unless otherwise noted.

Subpart Black Stem Rust

SOURCE: 32 FR 18015, Dec. 16, 1967, unless otherwise noted.

QUARANTINE AND REGULATIONS

§ 301.38 Quarantine; restriction on interstate movement of specified regulated articles.

(a) Notice of quarantine. Pursuant to the provisions of section 8 of the Plant Quarantine Act of August 20, 1912, as amended, and section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 150ee), the Secretary of Agriculture heretofore determined, after public hearing, that it was necessary to quarantine all States within the conterminous United States and the District of Columbia in order to prevent the spread of black stem rust (Puccinia graminis), a dangerous plant disease of small grains, and accordingly quarantined said States and District. Under the authority of said provisions, the Secretary hereby continues such quarantine in effect with respect to the interstate movement from the quarantined States and the District of the articles described in para

graph (b) of this section, issues the regulations in this subpart governing such movement, and gives notice of said quarantine and regulations.

(b) Quarantine restrictions on interstate movement of specified regulated articles. No common carrier or other person shall move interstate from any quarantined State or District of the United States any of the following articles (defined in § 301.38-1(1) as regulated articles), except in accordance with the conditions prescribed in this subpart: All plants, seeds, fruits, and other parts of plants which are capable of propagation, and belong in the genera Berberis, Mahoberberis, or Mahonia, except Mahonia cuttings for decorative purposes.

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) Black stem rust. The disease commonly known as the black stem rust of grains (Puccinia graminis).

(b) 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.

(c) Compliance agreements. 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.

(d) Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said Service to whom authority to act in his stead has been or may hereafter be delegated.

(e) Eradication area. Any quarantined State or District, or portion of a State or District, listed as an eradica

tion area in § 301.38-2a by the Deputy Administrator in accordance with § 301.38-2.

(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 or utilization.

(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) One year's growth. The growth of a plant during all growing seasons of any calendar year.

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

(1) Regulated articles. Any articles described in § 301.38(b).

(m) 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.

(n) Rust-resistant plants. Berberis, Mahoberberis, and Mahonia plants listed as rust-resistant by the Deputy Administrator in the "Manual of Administratively Authorized Procedures to be Used Under the Black Stem Rust Quarantine".1

1A pamphlet containing a list of rust-resistant plants is available, upon request, from the Deputy Administrator of the Plant Continued

(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) Seedlings. Any plant grown from seed within the genus Berberis of less than 2 years' growth.

(q) Treatment manual. The provisions currently contained in the "Manual of Administratively Authorized Procedures To Be Used Under the Black Stem Rust Quarantine" and any amendments thereto.2

(r) Two years' growth. The growth of a plant during all growing seasons of 2 successive calendar years.

[32 FR 18015, Dec. 16, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972]

§ 301.38-2 Authorization for Deputy Administrator to list eradication areas. The Deputy Administrator shall list as eradication areas in a supplemental regulation designated as § 301.38-2a, the quarantined States or Districts, or portions of States or Districts, which have adopted and are enforcing specific procedures to eradicate Berberis, Mahoberberis, and Mahonia plants susceptible to black stem rust, in cooperation with the Plant Protection and Quarantine Programs; and shall amend such list from time to time as the facts warrant.

§ 301.38-2a Eradication areas.

The States, or portions of States, designated below have adopted and are enforcing specific procedures to eradicate Berberis, Mahoberberis, and Mahonia plants susceptible to black stem rust in cooperation with the Plant Protection and Quarantine Programs. Therefore, such States, or portions of States, are designated as

Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, D.C. 20250, or from an inspector.

2A pamphlet containing such provisions is available, upon request, from the Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, D.C. 20250, or from an inspector.

eradication areas within the meaning of the provisions of this subpart:

All counties within the States of: Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, South Dakota, West Virginia, Wisconsin, Wyoming.

All portions of the following States except the counties and cities specified:

Pennsylvania. Delaware and Philadelphia Counties.

Virginia. Accomack, Amelia, Brunswick, Caroline, Charles City, Charlotte, Chesterfield, Cumberland, Dinwiddie, Elizabeth City, Essex, Gloucester, Goochland, Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Lunenburg, Matthews, Mecklenburg, Middlesex, Nansemond, New Kent, Northampton, Northumberland, Nottoway, Patrick, Pittsylvania, Powhatan, Prince Edward, Prince George, Richmond, Southampton, Sussex, Surry, Warwick, Westmoreland, and York Counties; and, the cities of Norfolk and Virginia Beach.

§ 301.38-3 Conditions governing the interstate movement of regulated articles from quarantined States.*

The following regulated articles may be moved interstate from a quarantined State or District under this subpart if all of the applicable conditions as specified below have been fulfilled and if certificates or permits are issued and attached in accordance with §§ 301.38-4 and 301.38-7:

(a) Rust-resistant Berberis, Mahoberberis, and Mahonia plants. (1) Seedlings of rust-resistant Berberis plants may be moved interstate if accompanied by a permit, to any destination authorized by such permit.

(2) Rust-resistant Berberis plants of at least 2 years' growth, Mahoberberis and Mahonia plants, and cuttings taken from such plants, may be moved interstate to any destination if an in

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

graph (b) of this section, issues the regulations in this subpart governing such movement, and gives notice of said quarantine and regulations.