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pour-on treatment procedures are also acceptable.
(58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
PART 318-HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
Subpart-Hawailan Fruits and Vegetables
QUARANTINE Sec. 318.13 Notice of quarantine. 318.13a Administrative instructions provid
ing exemptions from specified requirements.
RULES AND REGULATIONS
mospheric pressure (chamber or tarpaulin, load not to exceed 80%) with
(A) 48 g/m3 (3 lb/1000 ft3) methyl bromide for 2 hours at 4.5 °C. (40–59 °F.), minimum gas concentration 44 g/m3 at 12 hour, 36 g/m3 at 2 hours; or
(B) 40 g/m3 (242 lb/1000 ft3) methyl bromide for 2 hours at 15.5-20.5 °C. (60-69 °F.), minimum gas concentration 36 g/ m3 at 42 hour, 28 g/m3 at 2 hours; or
(C) 32 g/m3 (2 lb/1000 ft3) methyl bromide for 2 hours at 21-26 °C. (70–79 °F.), minimum gas concentration 30 g/m3 at 42 hour, 25 g/m3 at 2 hours.
(3) Tomato (i) Fumigation. Fumigate with methyl bromide at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with 32g/m3 (2 lb/1000 ft3) for 342 hours at 21 °C. (70 °F.) or above, minimum gas concentration 26 g/m3 at 42 hour, 14 g/m3 at 4 hours.
(ii) Vapor heat. Heat by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of tomato reaches 44.4 °C. (112 °F.). Maintain at 44.4 °C. (112 °F.) for 834 hours, then immediately cool.
(b) Premises. A field, grove, or area that is located within the quarantined area but outside the infested core area, and that produces regulated articles, must receive regular treatments with malathion bait spray. These treatments must take place at 6- to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for completion of egg and larvae development of the Oriental Fruit Fly. Determination of the time period must be based on the day degrees model for Oriental fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground equipment at a rate of 2.4 ounces of technical grade malathion and 9.6 ounces of protein hydrolysate per acre.
(c) Soil. Soil within the drip area of plants which are producing or have produced the fruits, nuts, vegetables, and berries listed in 8301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the drip area with sufficient water to wet the soil to at least a depth of 4 inch. Both immersion and
318.13–1 Definitions. 318.13-2 Regulated articles. 318.133 Conditions of movement. 318.134 Conditions governing the issuance
of certificates or limited permits. 318.13 4a Administrative instructions au
thorizing the movement from Hawaii of
frozen fruits and vegetables. 318.134b Administrative instructions pre
scribing methods of vapor-heat treatment of certain fruits and vegetables
from Hawaii. 318.13 4c Administrative instructions ap
proving methyl bromide fumigation as a condition for certification of tomatoes
for movement from Hawaii. 318.13 4d Administrative instructions ap
proving methyl bromide fumigation as a condition for certification of avocados
for movement from Hawaii. 318.13 4e Administrative instructions ap
proving a combination treatment of methyl bromide fumigation plus refrigeration as a condition for certification of
avocados for movement from Hawaii. 318.13 4f Administrative instructions ap
proving an irradiation treatment as a condition for certification of papayas for
movement from Hawaii. 318.13 4g Administrative instructions gov
erning movement of avocados from Ha
waii to Alaska. 318.13-4h Administrative instructions; con
ditions governing the movement of the
fruit of carambola from Hawaii. 318.13-5 Application for inspection. 318.136 Container marking and identity. 318.13-7 Products as ships' stores or in the
possession of passengers or crew. 318.13 8 Articles and persons subject to in
spection. 318.13-9 Inspection of means of conveyance. 318.13-10 Inspection of baggage, other per
sonal effects, and cargo. 318.13–11 Disinfection of means of convey
318.47-1 Definitions. 318.47-2 Articles the movement of which is
prohibited or regulated. 318.47-3 Conditions governing the issuance
of certificates and permits. 318.4744 Shipments by the Department of
Subpart-Hawaiian Fruits and
Subpart-Fruits and Vegetables From
Puerto Rico or Virgin Islands
QUARANTINE 318.58 Notice of quarantine.
RULES AND REGULATIONS
318.58-1 Definitions. 318.58–2 Regulated articles. 318.58
3 Conditions of movement. 318.58
4 Issuance of certificates or limited
permits. 318.58 4a Administrative instructions au
thorizing the movement from Puerto
Rico of frozen fruits and vegetables. 318.58–5 Application for inspection. 318.586 Marking of containers. 318.58–7 Products as ships' stores or in the
possession of passengers and crew. 318.58-8 Articles and persons subject to in
spection. 318.58–9 Inspection of means of conveyance. 318.58–10 Inspection of baggage, other per
sonal effects, and cargo. 318.58–11 Disinfection of means of convey
8318.13 Notice of quarantine.
(a) Pursuant to section 8 of the Plant Quarantine Act of August 20, 1912, as amended (7 U.S.C. 161), and after public hearing, it has been determined that it is necessary to quarantine Hawaii to prevent the spread of dangerous plant diseases and insect infestations, including the Mediterranean fruit fly (Ceratitis capitata (Wied.)), the melon fly (Dacus cucurbitae Coq.), the oriental fruit fly (Dacus dorsalis Hendl.), green coffee scale (Coccus viridis (Green)), the bean pod borer (Maruca testulalis (Geyer)), the bean butterfly (Lampides boeticus (L.)), the Asiatic rice borer (Chilo suppressalis), the mango
weevil (Sternochetus mangiferae (F.)), the Chinese rose beetle (Adoretus sinicus Burm.), and a cactus borer (Cactoblastis cactorum (Berg.)), which are new to or not widely prevalent or distributed within and throughout the United States, and Hawaii is therefore quarantined.
gin Islands of the United States into or through any other State or certain Territories or Districts of the United States of sand, soil, or earth about the roots of plants.
(d) Regulations governing the movement of live plant pests designated in this section are contained in part 330 of this chapter. [28 FR 13280, Dec. 7, 1963, as amended at 33 FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 55 FR 38979, Sept. 24, 1990)
(b) No fruits or vegetables, in the raw or unprocessed state; cut flowers; rice straw; mango seeds; or cactus plants or parts thereof shall be 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 person from Hawaii into or through the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States, in manner or method or under conditions other than those prescribed in the regulations hereinafter made or amendments thereto: Provided, That whenever the Administrator of the Animal and Plant Health Inspection Service shall find that existing conditions as to the pest risk involved in the movement of any of the articles to which the regulations supplemental hereto apply, make it safe to modify, by making less stringent, the restrictions contained in any of such regulations, he shall publish such finding in administrative instructions specifying the manner in which the restrictions shall be made less stringent, whereupon such modification shall become effective; or he may, when the public interest will permit, with respect to the movement of any of such articles to Guam, upon request in specific cases and notification to the person making the request, authorize their certification under conditions, specified in the certificate to carry out the purposes of this subpart, that are less stringent than those contained in the regulations: And provided, further, That no restrictions are placed hereby on the movement of cactus plants from Hawaii to St. Croix, Virgin Islands of the United States, or on the movement of coconuts from Hawaii into or through the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States.
(c) This subpart leaves in full force and effect $318.30 which restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State or certain Territories or Districts of the United States of all varieties of sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and effect $318.60 which restricts the movement from Hawaii, Puerto Rico, or the Vir
8318.13a Administrative instructions
providing exemptions from speci
fied requirements. (a) The following fruits, vegetables, and other products may be moved from Hawaii into or through Guam without certification or other restriction under this subpart:
(2) Cut flowers, as defined in $318.13 1.
(3) All fruits and vegetables designated in $318.13-2(b).
(4) Beets, rutabagas, and turnips; when without tops.
(b) (Reserved) (33 FR 14621, Oct. 1, 1968, as amended at 54 FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990)
RULES AND REGULATIONS
For the purpose of the regulations in this subpart the following words, names, and terms shall be construed, respectively, to mean:
Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any other employee of the Animal and Plant Health Inspection Service to whom authority has been or may be delegated to act in the Administrator's stead.
Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS).
Cactus plants. Any of various fleshystemmed plants of the botanical family Cactaceae.
Certificate. A document signed by an inspector certifying that a particular ship, vessel, other surface craft, or aircraft, or any specified lot or shipment of fruits or vegetables or other plant materials, via baggage, parcel post, express, freight or other mode of transportation, has been inspected and found apparently free from articles the movement of which is prohibited by the quarantine and regulations in this subpart, and from the plant pests referred to in said quarantine; or that the lot or shipment is of such a nature that no danger of infestation or infection is involved; or that it has been treated in a manner to eliminate infestation. A certificate covering treated products must state the treatment applied.
Commercial shipment. Shipment containing fruits and vegetables that an inspector identifies as having been produced for sale or distribution in mass markets. Such identification will be based on a variety of indicators, including, but not limited to: Quantity of produce, type of packaging, identification of grower and packing house on the packaging, and documents consigning the shipment to a wholesaler or retailer.
Compliance agreement. Any agreement to comply with stipulated conditions
prescribed under 8318.13-3(b), 8318.13-4(b), or $318.13-4f of this subpart, executed by any person to facilitate the interstate movement of regulated articles under this subpart.
Continental United States. The 48 contiguous States, Alaska, and the District of Columbia.
Cut flowers. Any cut blooms, fresh foliage customarily used in the florist trade, and dried decorative plant material.
Disinfection (disinfect and disinfected). The application to parts or all of a ship, vessel, other surface craft, or aircraft of a treatment that may be designated by the inspector as effective against such plant pests as may be present. (“Disinfect” and “disinfected” shall be construed accordingly.)
Fruits and vegetables. The more or less succulent portions of food plants, and parts thereof, in raw or unprocessed state, such as bananas, pineapples, potatoes, ginger roots, tomatoes, peppers, mellons, citrus, mangoes, etc.
Inspector. An inspector of the Plant Protection and Quarantine Programs, United States Department of Agriculture.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector or a person operating under a compliance agreement for the interstate movement of regulated articles to a specified destination for:
(1) Consumption, limited utilization or processing, or treatment; or
(2) Movement into or through the continental United States in conformity with a transit permit.
Mango seeds. Seeds of the fruit of mango (Mangifera spp.), fresh or dried.
Means of conveyance. For the purposes of $318.13–17 of this subpart, “means of conveyance" shall mean a ship, truck, aircraft, or railcar.
Moved (move and movement). 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, directly or indirectly, from Hawaii into or through the continental United States, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States (or from or into or through other places as specified in this subpart). Local intrastate movement is in no way affected by the regulations in this subpart. (“Move" and "movement” shall be construed accordingly.)
Person. Any individual, corporation, company, society, association, or other organized group.
Plant pests. The injurious insects and plant diseases referred to in $318.13, in any stage of development.
Rice straw. Stems or straw of rice (Oryza sativa), when used as packing material or for other purposes.
Sealed (sealable) container. A completely enclosed container designed for the storage and/or transportation of commercial air, sea, rail, or truck cargo, and constructed of metal or fiberglass, or other similarly sturdy and impenetrable material, providing an enclosure accessed through doors that are closed and secured with a lock or seal. Sealed (sealable) containers used for sea shipments are distinct and separable from the means of conveyance carrying them when arriving in and in transit through the continental United States. Sealed (sealable) containers used for air shipments are distinct and separable from the means of converance carrying them before any transloading in the continental United States. Sealed (sealable) containers used for air shipments after transloading in the continental United States or for overland shipments in the continental United States may either be distinct and separable from the means of conveyance carrying them, or be the means of conveyance itself.
State. Each of the 50 States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States, and all other territories and possessions of the United States.
Transit permit. A written authorization issued by the Administrator for the movement of fruits and vegetables en route to a foreign destination that are otherwise prohibited movement by this subpart into or through the continental United States. Transit permits authorize one or more shipments over a designated period of time.
Transloading. The transfer of cargo from one sealable container to another, from one means of conveyance to another, or from a sealable container directly into a means of conveyance.
United States. The States, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13280, Dec. 7, 1963; 33 FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 54 FR 391, Jan. 6, 1989; 55 FR 38979, Sept. 24, 1990; 56 FR 59207, Nov. 25, 1991; 58 FR 7958, Feb. 11, 1993; 59 FR 66641, Dec. 28, 1994)
are prohibited movement from Alaska into or through other places in the continental United States, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.
(b) Regulated movement. The movement of the following fruits and vegetables from Hawaii is allowed throughout the year upon compliance with the regulations in this subpart:
Aechmea bracteata (Sw.) Griseb, fruitbearing panicles.
Allium spp., such as chives, garlic, leek, onions, and shallot.
Arrowhead (Sagittaria sagittifolia).
Artichoke, Jerusalem (Helianthus tuberosus).
Asparagus (Asparagus officinalis).
Broccoli (Brassica aleracea (Botrytis group).
Brussel sprouts (Brassica oleracera (Gemifera group)).
Burdock, great (Arctium lappa, Lappa major, L. edulis).
Butterbur (Petasites japonicus).
Cabbage, Chinese (Brassica pekinensis, B. chinensis).
Carrot (Daucus carota satira).
Cauliflower (Brassica oleracea (Botrytis group]).
Celery (Apium graveolens).
Chrysanthemum, garland (Chrysanthemum coronarium).
Coriander (Coriandrum sativum).
Foxheads or Nipple fruits (Solanum mamosum).
Ginger bracts (Zingiber mioga).
Mahogany fruit (Swietenia mahagoni (L.) Jacq.).
Mustard greens (Brassica spp).
Pineapples (Ananas sativa), smooth Cayenne.
Pineapple hybrids 53-116, 59 433, D10, and D20 (Ananas Sativa).
8318.13–2 Regulated articles.
(a)(1) Prohibited movement. Fruits, vegetables, and other products specified in 8318.13, and not eligible for inspection and certification under 8318.13 4 or otherwise expressly authorized movement either in the regulations in this subpart or in administrative instructions issued by the Administrator of the Animal and Plant Health Inspection Service are prohibited movement.
(2) Avocados which have been moved to Alaska in accordance with $318.13 4g