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season and living only 1 year. This term includes such plants as cabbage, tomato, and aster.

(d) Inspector. Plant quarantine inspector of the United States Department of Agriculture.

(e) Moved. Offered for movement to or received for transportation by a common carrier or moved by any means whatever into or out of the District of Columbia.

(f) Certificate. A certificate showing that the nursery or premises from which the plants or plant products were taken were inspected within 1 year prior to the date of shipment and were found to be free from injurious insect pests and plant diseases, or that the plants or plant products were inspected prior to shipment and found to be free from injurious insect pests and plant diseases.

§ 302.3 Unrestricted articles.

No requirements as to certification or labeling are placed by the regulations in this part1 on the entry into or movement out of the District of Columbia of (a) annual plants, cut flowers, or decorative plant material (such as branches and Christmas trees); (b) seeds, except certain foreign-grown seeds as defined in § 302.2(a); nor of (c) other plants and plant products not included in the definitions in § 302.2(a), (b). The requirements as to delivery of plant materials are stated in § 302.4(c).

§ 302.4 Requirements relating to nursery stock and other plants and plant products.

(a) Certification and marking of nursery stock. No nursery stock as defined in § 302.2 shall be moved into the District of Columbia unless a valid certificate signed by the State nursery or horticultural inspector of the State or Territory or country from which the stock is shipped is attached to the outside of each package or other container. Each package or other container shall in addition be plainly marked

'Compliance with any special plant quarantine or restrictive order which may be applicable thereto is required. Information relative to such restrictions may be obtained from the Plant Protection and Quarantine Programs.

with the names and addresses of the consignor and consignee and with a statement showing the nature of the contents.

(b) Marking of herbaceous perennials, bulbs, or roots. No herbaceous perennial plants, bulbs, or roots, as defined in § 302.2, shall be moved into the District of Columbia unless the container thereof is plainly marked with the names and addresses of the consignor and consignee and with a statement showing the nature of the contents. 2

(c) Delivery of plants and plant products. (1) No nursery stock, herbaceous plants, bulbs, or roots, originating outside of the District of Columbia shall be delivered to the consignee in the District of Columbia by a common carrier or other person until such delivery is authorized by an inspector of the Plant Protection and Quarantine Programs.

(2) All nursery stock and herbaceous perennial plants, bulbs, and roots, annual plants, decorative plant material, and other plants and plant products, whether restricted or unrestricted, addressed to the United States Department of Agriculture, Washington, D.C., shall be delivered only at the Plant Inspection House of the Plant Protection and Quarantine Programs (Room 1127, Auditors Building, 14th Street and Independence Avenue SW). [24 FR 10776, Dec. 29, 1959, as amended at 28 FR 5203, May 24, 1963; 36 FR 24917, Dec. 24, 1971]

§ 302.5 Shipments which fail to comply with regulations.

Plants and plant products shipped into the District of Columbia, which are found to be infected or infested with any plant pest or disease, or which have not been moved in full compliance with the regulations in this part, may be disposed of as authorized in the Plant Quarantine Act.

2Herbaceous plants of foreign origin must be marked in accordance with the provisions of § 319.37 of this chapter.

§ 302.6 Certification of nursery stock and herbaceous perennial plants, bulbs, and roots.

(a) No nursery stock, or herbaceous perennial plants, bulbs, or roots, as defined in § 302.2, shall be moved out of the District of Columbia unless a certificate or permit has been issued therefor by the Plant Protection and Quarantine Programs. Each package or other container of such plants, bulbs, or roots shall have such a certificate or permit attached to the outside thereof.

(b) A certificate or permit may be issued for the movement out of the District of Columbia of the nursery stock covered by this section, when it has been examined by an inspector and found apparently free from dangerous plant diseases and insects and when such shipment is found to comply in full with all Federal quarantine regulations.

(c)(1) Nursery stock, herbaceous perennial plants, bulbs, or roots, to be shipped out of the District of Columbia must be presented at the Plant Inspection House of the Plant Protection and Quarantine Programs (Room 1127, Auditors Building, 14th Street and Independence Avenue SW.) for inspection at the time of shipment unless otherwise authorized by an inspector.

(2) When large shipments are contemplated, arrangements may be made for inspection at other places by telephoning 447-2598, or writing the Plant Protection and Quarantine Programs.

(3) Application for inspection of articles the movement of which is restricted by quarantine regulations or other restrictive orders shall be made at a season of the year sufficiently in advance of the contemplated date of shipment to provide for compliance with regulations.

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RULES AND REGULATIONS
Definitions.

318.13-1
318.13-2 Regulated articles.
318.13-3 Conditions of movement.
318.13-4 Conditions governing the issuance
of certificates or limited permits.
318.13-4a Administrative

instructions authorizing the movement from Hawaii of frozen fruits and vegetables. 318.13-4b Administrative instructions approving ethylene dibromide fumigation as a condition for certification of certain fruits and vegetables for movement from Hawaii.

318.13-4c Administrative instructions prescribing methods of vapor-heat treatment of certain fruits and vegetables from Hawaii.

318.13-4d Administrative instructions approving methyl bromide fumigation as a condition for certification of tomatoes for movement from Hawaii. 318.13-4e Administrative instructions approving methyl bromide fumigation as a condition for certification of avocados for movement from Hawaii.

318.13-4f Administrative instructions approving a combination treatment of methyl bromide fumigation plus refrigeration as a condition for certification of avocados for movement from Hawaii. 318.13-5 Application for inspection. 318.13-6 Type and marking of containers; certificate or limited permit to accompany shipment, exception.

318.13-7 Uncertified fruits, vegetables, and cut flowers, taken aboard ships, vessels, other surface craft, or aircraft.

318.13-8 Inspection of vessels.

13-9 Disinfection of vessels.

8.13-10 Inspection of aircraft.

318.13-11 Disinfection of aircraft.

318.13-12 Inspection of baggage and cargo. 318.13-13 Posting of warning notice and distribution of baggage declarations. 318.13-14 Shipments for experimental or other scientific purposes.

318.13-15 Parcel post inspection. 318.13-16 Costs and charges.

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spector designates to facilitate inspection.

§ 301.85-7 Attachment and disposition of certificates and 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.

§ 301.85-8 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 golden nematodes as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued by the Deputy Administrator.

§ 301.85-9 Movement of live golden nematodes.

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

§ 301.85-10 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-Sugarcane Diseases

AUTHORITY: Sections 8, 9, 37 Stat. 318, as amended, secs. 105 and 106, 71 Stat. 32 and 33 (7 U.S.C. 161, 162, 150dd, 150ee); 7 CFR 2.17, 2.51, and 37.12.

SOURCE: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.

QUARANTINE REGULATIONS

§ 301.87 Quarantine; restrictions on interstate movement of specified articles.1 2 (a) Notice of quarantine. Pursuant to sections 8 and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and sections 105 and 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150dd, 150ee), the Secretary of Agriculture hereby quarantines Hawaii in order to prevent the artificial spread of leaf scald disease and quarantines Puerto Rico in order to prevent the artifical spread of gummosis disease and leaf scald disease; and hereby establishes regulations governing the interstate movement from Hawaii and Puerto Rico of regulated articles described in §301.87-2 of this subpart.

(b) Quarantine restrictions on interstate movement of regulated articles. No common carrier or other person shall move interstate from any regulated area any regulated article except in accordance with the conditions prescribed in this subpart.

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Gummosis

disease. A dangerous

plant disease of sugarcane which is caused by the highly infectious bacterium, Xanthomonas vasculorum (Cobb) Dowson, and which is not widely prevalent or distributed within and throughout the United States.

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

Interstate. From any State into or through any other State.

Leaf scald disease. A dangerous plant disease of sugarcane which is caused by the highly infectious bacterium, Xanthomonas albilineans (Ashby) Dowson, and which is not widely prevalent or distributed within and throughout the United States.

Limited permit. A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that the regulated article is eligible for interstate movement in accordance with 8301.87-5(b) of this subpart.

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 caused or allowed to be moved by any means. "Movement" and "move" shall be construed in accordance with this definition.

Person. Any individual, partnership, corporation, company, society, association, or other organized group.

Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Quarantine Act, the Federal Plant Pest Act, and related legislation, and quarantines and regulations promulgated under these laws.

Regulated area. Any quarantined State, or any portion thereof, listed as a regulated area in §301.87-3(c) of this subpart, or otherwise designated as a regulated area in accordance with §301.87-3(b) of this subpart.

Regulated article. Any article listed in §301.87-2(a), (b), or (c) or otherwise designated as a regulated article in accordance with §301.87-2(d).

State. Any State, Territory, or District of the United States, including the Commonwealth of Puerto Rico.

Sugarcane disease. This means leaf scald disease with respect to activities in Hawaii, and means gummosis disease or leaf scald disease with respect to activities in Puerto Rico.

8 301.87-2 Regulated articles.

(a) Sugarcane plants, whole or in part, including true seed and bagasse, but not including pieces of cane boiled for a minimum of 30 minutes during processing into sugarcane chews;

(b) Used sugarcane processing equipment (sugarcane mill equipment, such as equipment used for extracting and refining sugarcane juice; and experimental devices, such as devices used for extracting sugarcane juice);

(c) Used sugarcane field equipment (equipment used for sugarcane field production purposes, e.g. planters, tractors, discs, cultivators, and vehicles); and

spector designates to facilitate inspection.

§ 301.85-7 Attachment and disposition of certificates and 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.

§ 301.85-8 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 golden nematodes as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued by the Deputy Administrator.

§ 301.85-9 Movement of live golden nematodes.

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

§ 301.85-10 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-Sugarcane Diseases

AUTHORITY: Sections 8, 9, 37 Stat. 318, as amended, secs. 105 and 106, 71 Stat. 32 and 33 (7 U.S.C. 161, 162, 150dd, 150ee); 7 CFR 2.17, 2.51, and 37.12.

SOURCE: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.

QUARANTINE REGULATIONS

§ 301.87 Quarantine; restrictions on interstate movement of specified articles. ↳ 2 (a) Notice of quarantine. Pursuant to sections 8 and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and sections 105 and 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150dd, 150ee), the Secretary of Agriculture hereby quarantines Hawaii in order to prevent the artificial spread of leaf scald disease and quarantines Puerto Rico in order to prevent the artifical spread of gummosis disease and leaf scald disease; and hereby establishes regulations governing the interstate movement from Hawaii and Puerto Rico of regulated articles described in §301.87-2 of this subpart.

(b) Quarantine restrictions on interstate movement of regulated articles. No common carrier or other person shall move interstate from any regulated area any regulated article except in accordance with the conditions prescribed in this subpart.

§301.87-1 Definitions.

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:

'Any propertly identified inspector is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd).

'Regulations concerning the movement of gummosis bacteria and leaf scald bacteria in interstate or foreign commerce are contained in Part 330 of this chapter.

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