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]

(a) Except as provided under § 321.8, potatoes will be admitted from any 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 pota

toes 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 ard other injurious potato diseases and insect pests.

(f) Shipments of potatoes certified as provided herein found to be infested 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 (Name and address of

to

consignee) shipped by (Name and address of exporter) were grown ina (District or locality and country), a district free from infection with potato wart, are contained in bags, boxes, barrels, or other containers, except as to bulk shipments, not previously used for potatoes, and were certified by (Name of inspector),

(Date and year), to be free from potato wart and other injurious potato diseases and insect pests. [SEAL] (Signed).

(Title of official inspector)

(b) Permits may be canceled and further permits refused for the importation of potatoes from any country whenever such potatoes, in the judgment 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.

8 321.7 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]

§ 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). Potatoes may be imported from Bermuda and Canada (except Newfoundland and the Land District of South Saanich on Vancouver Island of British Columbia) into the United States free of any restrictions under this subpart.

[34 FR 13147, Aug. 14, 1969]

REGULATIONS

§ 322.7 Prohibition on importation.

Except as provided in this part, the importation into the United States of adult honeybees is prohibited and all adult honeybees offered for entry shall be destroyed if not immediately exported.

§ 322.8 Conditions of entry.

(a) Except as provided in this section, no person shall offer adult honeybees for entry into the United States unless he has been issued a permit for the importation of such honeybees in accordance with the provisions of this part.

(b) The Administrator, having determined that no disease dangerous to adult honeybees exists in Canada and that adequate precautions have been taken to prevent the importation of adult honeybees into Canada from countries where such dangerous diseases are known to exist, hereby authorizes the unrestricted importation of adult honeybees from Canada by any person.

(c) Importation of adult honeybees from any country other than Canada shall be conditioned upon a determination by the Administrator that no disease dangerous to adult honeybees exists in the country in question and that adequate precautions have been taken by such country to prevent the importation or entry of adult honeybees from countries where such dangerous diseases exist. The determination of the Administrator shall be based upon adequate investigation by the Animal and Plant Health Inspection Service. In arriving at a decision on an application for the importation into the United States of adult honeybees the Administrator may consider information available from all sources, including, but not limited to publications, reports, records of the Department and of other governmental agencies. In the absence of substantial evidence that diseases dangerous to adult honeybees do not exist in the country in question or that adequate precautions have been taken by the country in question to prevent the importation or entry of adult honeybees from countries where such dangerous dis

eases exist, he shall deny the application. In the event he finds that under the conditions existing in areas surrounding the country in question adequate precautions cannot be taken by such country to prevent the entry of adult honeybees from countries where diseases dangerous to adult honeybees exist, he shall deny the application.

(d) The Animal and Plant Health Inspection Service, United States Department of Agriculture, may import into the United States from any country adult honeybees for experimental or scientific purposes.

[28 FR 3713, Apr. 12, 1963, as amended at 36 FR 24917; Dec. 24, 1971; 37 FR 10554, May 25, 1972]

§ 322.9 Application for entry.

(a) A written application for permission to import adult honeybees into the United States from countries other than Canada may be submitted by any person to the Administrator. The application shall set forth the name and address of the applicant; the species of honeybees and number desired to be imported; the country of origin and the country from which such honeybees are to be imported; the name and address of the person from whom such honeybees are to be obtained; the purpose for which such honeybees will be used; the name and address of the person who will receive the honeybees and the place of their utilization. The Administrator may request any additional information that he deems necessary for a determination on the application.

(b) In the event the Administrator determines that the granting of the application to import adult honeybees is in accordance with the requirements of this part and the provisions of the Act, he shall issue to the applicant a permit for the importation of the honeybees in question. The Administrator may impose such terms and conditions upon granting any application as he finds necessary to effectuate the purposes of the Act.

(c) In the event the Administrator determines the application should be denied, he shall inform the applicant of the reason for such denial.

Subpart-Movement of Plant Pests

330.200 Movement of plant pests regulated; permits required.

330.201 Applications for permits to move plant pests.

330.202 Consideration of applications for permits to move plant pests.

330.203 Action on applications for permits to move plant pests; form of and conditions in permits.

330.204 Denial or cancellation of permits; reconsiderations.

330.205 Disposal of plant pests when permits are canceled.

330.206 Permits for plant pest movement associated with National Defense projects.

330.207 Permits for movement of organisms issued by other agencies. 330.208 Courtesy permits.

330.209 Permits for means of conveyance. 330.210 Packing materials and containers

for plant pest movement; host materials. 330.210a Administrative instructions listing approved packing materials for plant pests.

330.211 Labelling of plant pests for movement under permits.

Words used in the singular form in the regulations in this part shall be deemed to impart the plural and vice versa, as the case may demand. For the purposes of this part, unless the context otherwise requires, the following words shall be construed, respectively, to mean:

(a) Department. The United States Department of Agriculture.

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

(c) Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs, Animal and Plant Inspection Health Service of the Department.

(d) Inspector. A properly identified employee of the Department or other person authorized by the Department to enforce the provisions of the Feder