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plication required shall be approved by the Deputy Administrator for use in aircraft. If the aircraft is to depart from the territorial limits of the United States within 24 hours after the infestation is found, the inspector shall permit such departure in lieu of the application of other measures and shall prior to departure break any seals that would prevent access to the aircraft or safe operation thereof. Other seals shall remain intact at time of departure and shall be broken by the aircraft commander or a crew member upon his order only after the aircraft is beyond the territorial limits of the United States. Extension of the 24-hour period shall be given only under authority of the Deputy Administrator. The owner of the aircraft under notice of khapra beetle infestation which leaves the territorial limits of the United States before the infestation has been eradicated should arrange for eradication before returning the aircraft to the United States. Upon return to the United States, if the infestation is not eliminated to the satisfaction of the inspector, the aircraft shall be subject to the same disinfestation requirements and other safeguards immediately upon arrival in the United States. Customs officers shall be notified as required in paragraph (d)(1)(iv) of this section.
(4) Precautions. The owner of a means of conveyance required to be fumigated pursuant to this section shall arrange with a competent operator to apply the fumigant under the supervision of the inspector. The owner shall understand that if certain fumigants are used they may result in residues in or on foodstuffs which may render them unsafe for use as food items. He is hereby warned against such use unless as ascertains that the fumigated foodstuffs are fit for human consumption. It should also be understood by the owner that emergency measures prescribed by the inspector to safeguard against dissemination of infestation may have adverse effects on certain products and articles, and that the acceptance of fumigation as a requirement is an alternative to the immediate removal of the infested means of conveyance and any products and articles thereon, from
the territorial limits of the United States. Products or articles in a means of conveyance, or compartments thereof, which may be exposed to methyl bromide or other remedial measures and may be adversely affected thereby, may be removed from the means of conveyance or compartments thereof prior to the application of the remedial measures if in the opinion of the inspector this can be done without danger of plant pest dissemination and under conditions authorized by him, for additional inspection and/or application of effective remedial measures.
[24 FR 10825, Dec. 29, 1959, as amended at 25 FR 8989, Sept. 20, 1960; 32 FR 6339, Apr. 21, 1967; 36 FR 24917, Dec. 24, 1971]
The Deputy Administrator is authorized to issue the administrative instructions for which provision is made in the regulations in this part, for the purpose of preventing dissemination of plant pests into the United States or interstate. In addition, whenever the Deputy Administrator shall find that existing conditions as to pest risk involved in the movement of plant pests, means of conveyance, or other products or articles to which the regulations in this part apply, make it safe to modify by making less stringent the restrictions contained in any of such regulations, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent whereupon such modification shall become effective.
§ 330.109 Caution.
In applying treatments or taking other measures prescribed in adminisEtrative instructions or by the inspec'tor, it should be understood that inexactness or carelessness may result in · injury or damage.
§ 330.110 Seals.
(a) Use authorized; form. Whenever, in the opinion of the inspector, it is necessary, as a safeguard in order to prevent the dissemination of plant pests into the United States, or interstate, seals may be applied to openings, packages, or articles requiring the security provided by such seals. The words "openings, packages, or arIticles" shall include any form of container, shelf, bin, compartment, or other opening, package, or article which the inspector may have occasion to seal in lieu of more drastic action or otherwise, as a safeguard against plant pest dissemination. The seals may be automatic metal seals or labels or tags and will be provided by the Plant Protection and Quarantine Programs. When they consist of a label or tag, they will be printed in black ink on yellow paper and read substantially as follows: "Warning! The opening, package, or article to which this seal is affixed is sealed under authority of law. This seal is not to be broken while within the territorial limits of the United States except by, or under instructions of, an inspector."
(b) Breaking of seals. Seals may be broken: (1) By an inspector; (2) by a Customs officer for Customs purposes, in which case the opening, package, or article will be resealed with Customs seals; (3) by the owner or his agent when the means of conveyance, product, or article has left the territorial limits of the United States; (4) by any person authorized by the inspector or the Deputy Administrator under conditions specified by the inspector or Deputy Administrator. No person shall break seals applied under authority of this section except as provided in this paragraph. The movement into or through the United States, or interstate, of any means of conveyance or product or article on which a seal, applied under this paragraph, has been
broken in violation of this paragraph is hereby prohibited, except as author ized by an inspector.
(c) Notice of sealing. When an inspector seals any opening, product or article, he shall explain the purpose of such action to the owner or his repre sentative and shall present him with a written notice of the conditions under which the seal may be broken, if requested to do so.
[25 FR 8990, Sept. 20, 1960, as amended at 36 FR 24917, Dec. 24, 1971)
Subpart-Movement of Plant Pests
§ 330.200 Movement of plant pests regulat ed; permits required.
No person shall knowingly move any plant pest into or through the United States from any place outside thereof, or interstate, or knowingly accept delivery of any plant pest so moving unless such movement is authorized under permit under this part and is made in accordance with the conditions therein and the provisions in this part. The movement of snails and slugs, as well as other plant pests, is governed by such provisions. Biological specimens of plant pests, in preservative or dried, may be imported without further restriction under this part, but subject to inspection on arrival in the United States to confirm the nature of the material and freedom from risk of plant pest dissemination. § 330.201 Applications for permits to move plant pests.
(a) Into or through the United States from any place outside thereof. Only persons resident in the United States may apply for permits to move plant pests into the United States from any place outside thereof. Persons resident in the United States proposing such movement into the United States, or any person proposing movement through the United States, of any plant pests shall first make application for permits authorizing such movement by submitting to the Plant Protection and Quarantine Programs the form provided therefor by the Plant Protection and Quarantine Programs, or by submitting in the form of a letter or other written communica
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)
§ 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.
330.212 Movement of plant pests by baggage.
Subpart-Movement of Soil, Stone, and Quarry
330.300 Soil from foreign countries or Territories or possessions. 330.300a Administrative
exempting soil from parts of Canada from certain restrictions.
330.301 Stone and quarry products from certain areas in Canada. 330.302 Domestic movements of earth (including soil), stone, etc.
330.400 Garbage; quarantine; regulations on storage and movement on certain means of conveyance.
AUTHORITY: Secs. 103, 105-107, 111, 71 Stat. 32-34, 64 Stat. 561, sec. 501, 65 Stat. 290; 7 U.S.C. 150bb, 150dd-150ff 2260; 31 U.S.C. 483a, unless otherwise noted.
SOURCE: 24 FR 10825, Dec. 29, 1959, unless otherwise noted.
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