Subpart-Guam

QUARANTINE 8318.82 Notice of quarantine.

(a) Pursuant to sections 8 and 9 of the Plant Quarantine Act of 1912, as amended (7 U.S.C. 161, 162) and sections 103 and 106 of the Federal Plant Pest Act (7 U.S.C. 150bb, 150ee), and after public hearing, it has been determined that it is necessary to quarantine Guam to prevent the spread to other parts of the United States of dangerous insect infestations and plant diseases, which are new to or not heretofore widely prevalent or distributed within and throughout the United States, including among

others: Icerya aegyptiaca (Dougl.), Xanthomonas citri (Hasse) Dowson, Aleurocanthus spiniferus (Q.), Phyllocnistis citrella (Stainton), Coccus viridis (Green), Anomala sulcatula Burm., Furcaspis oceanica Ldgr., Stephanoderes hampei (Ferr.), Pectinophora scutigera (Holdaway), Dacus dorsalis Hend., Dacus cucurbitae (Coq.), Marcua testulalis (Geyer), Lampides boeticus (L.), Prays endocarpa Meyr., Prodenia litura (F.), Euscepes postfasciatus (Fairm.), Earias fabia (Stoll), Elsinoe batatas (Saw.) Viegas and Jenkins, Uredo dioscoreae-alatae Rac., Cercospora batatae Zimm., Coniothyrium

sp., Phyllosticta colocasiophila

Weed.,

Xanthomonas vasculorum (Cobb) Dowson, Rhabdoscelus obscurus (Boisd.), Neomaskellia bergii (Sign.), Pyrausta nubilalis (Hbn.), Physoderma zeaemaydis Shaw, Leptocorisa acuta (Thunb.), Adoretus sinicus Burm., and Holotrichia mindanaona Brenske, as well as other plant pests, and Guam is hereby quarantined because of such insect infestations and diseases and other plant pests, and regulations are prescribed in this subpart governing the movement of carriers of these pests.

(b) No plants or parts thereof capable of propagation; seeds; fruits or vegetables; cotton or cotton covers; sugarcane or parts or by-products thereof; cereals; cut flowers; or packing materials; as such articles are defined in regulations supplemental hereto, shall be shipped, deposited for transmission in the mail, offered for shipment, re

ceived for transportation, carried, otherwise transported or moved, or allowed to be moved, by mail or otherwise, by any person from Guam into or through any other State, Territory, or District of the United States, in any manner or method or under conditions other than those prescribed in the regulations, as from time to time amended: Provided, That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions as to the pest risk involved in the movement from Guam of the articles designated herein, make it safe to modify, by making less stringent, the restrictions contained in any regulations in this subpart or in any other subpart in this chapter made applicable thereto by this subpart, he shall publish such findings in administrative instructions, specifying the manner in which the regulations should be made less stringent with respect to such movement, whereupon such modification shall become effective; or he may, when the public interests will permit in specific cases, upon notification to the consignor and to the consignee, authorize the interstate movement from Guam of the articles to which such regulations apply, under conditions that are less stringent than those contained in the regulations.

(c) Regulations governing the movement of live plant pests designated in this section are contained in Part 330 of this chapter.

REGULATIONS

8318.82-1 Definitions.

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

(a) Plants. Trees, shrubs, vines, cuttings, grafts, scions, buds, herbaceous plants, bulbs, roots, and other plants and plant parts intended for propagation.

(b) Seeds. The mature ovular bodies produced by flowering plants, containing embryos capable of developing into new plants by germination.

(i) Administrative instructions. Published documents relating to the enforcement of the regulations in this subpart, issued under the authority of such regulations by the Deputy Administrator of the Plant Protection and Quarantine Programs.

(j) State, Territory, or District of the United States. Guam, Hawaii, Puerto Rico, the Virgin Islands of the United States, or the continental United States (including Alaska).

(k) United States. The States, the District of Columbia, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.

(1) Oceania. The islands of the Central and South Pacific, including Micronesia, Melanesia, and Polynesia, as well as Australia, New Zealand, and the Malay Archipelago.

(m) Far East. The countries of East and Southeast Asia, including Japan, Korea, Taiwan, the northeastern provinces of Manchuria, the Philippines, Indo-China, and India.

(c) Fresh fruits and vegetables. The edible, more or less succulent, portions of food plants in the raw or unprocessed state.

(d) Cotton and cotton covers. Any parts or products of plants of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters, and other forms of cotton fiber (not including yarn, thread, and cloth); cottonseed hulls, cake, meal, and other cottonseed products except oil; cotton waste, including gin waste and thread waste; and any other unmanufactured parts of cotton plants; and secondhand burlap and other fabrics, shredded or otherwise, which have been used, or are of the kinds ordinarily used, for containing cotton, grains (including grain products), field seeds, agricultural roots, rhizomes, tubers, or other underground crops.

(e) Sugarcane or parts or by-products thereof. Stems of sugarcane (Saccharum spp.), or cuttings or parts thereof, sugarcane leaves, or bagasse or other parts of sugarcane plants, except seeds, not sufficiently processed to remove plant pest danger.

(f) Cereals. Seed and other plant parts of all members of the grass family (Gramineae) which yield grain or seed suitable for food, including, but not limited to, wheat, rice, corn and related plants. This definition shall include straw, hulls, chaff and products of the milling process (but excluding flour) of such grains and seeds as well as stalks and all other parts of broomcorn.

(g) Cut flower. The highly perishable commodity known in the commercial flower-producing industry as a cut flower, and being the severed portion of a plant, including the inflorescence, and any parts of the plant attached thereto, in a fresh state.

(h) Packing materials. Any plant or plant product, or soil as defined in $330.100(t) of this chapter, or other substance associated with or accompanying any commodity or shipment to serve for filling, wrapping, ties, lining, mats, moisture retention, protection, or any other auxiliary purpose. The word “packing," as used in the expression “packing materials," shall include the presence of such materials within, in contact with, or accompanying such commodity or shipment.

8318.82–2 Movement of regulated arti

cles. (a) Plants, plant products, and other articles designated in 8318.82 may be moved from Guam into or through any other State, Territory, or District of the United States only if, in the case of articles other than soil, they meet the strictest plant quarantine requirements for similar articles offered for entry into such State, Territory, or District from Oceania or the Far East under part 319 or part 321 of this chap ter, except requirements for permits, foreign inspection certificates, notices of arrival, and notices of shipment from port of arrival, and in the case of soil if it meets the requirements of $330.300 of this chapter. If such similar articles cannot be imported into the particular State, Territory, or District from Oceania or the Far East under either part 319 or part 321 of this chapter, the interstate movement of the articles from Guam into or through such State, Territory or District shall be similarly prohibited. Plants, plant products, and other articles moved from Guam into or through any other State, Territory or District of the United States shall be subject to inspection at the port of first arrival in another part of the

319.8 4 Notice of arrival. 319.8-5 Marking of containers. 319.86 Cottonseed cake and cottonseed

meal. 319.8–7 Processed lint, linters, and waste. 319.8-8 Lint, linters, and waste. 319.8-9 Hull fiber and gin trash. 319.8-10 Covers. SPECIAL CONDITIONS FOR THE ENTRY OF

COTTON AND COVERS FROM MEXICO 319.8-11 From approved areas of Mexico. 319.8-12 From the West Coast of Mexico. 319.8–13 From Northwest Mexico. 319.8-14 Mexican cotton and covers not oth

erwise enterable.

United States to determine whether they are free of plant pests and otherwise meet the requirements applicable to them under this subpart, and shall be subject to release, in accordance with $330.105(a) of this chapter as if they were foreign arrivals. Such articles shall be released only if they meet all applicable requirements under this subpart.

(b) A release may be issued orally by the inspector when inspection of small quantities of regulated articles is involved except that a release issued in specific cases pursuant to the proviso in 8318.82 shall be in writing.

(c) The appropriate provisions of part 352 of this chapter are hereby made applicable to the safeguarding of regulated articles from Guam temporarily in parts of the United States other than Guam, when landing therein is not intended or landing has been refused in accordance with this subpart. The movement of plant pests, means of conveyance, plants, plant products, and other products and articles from Guam into or through any other State, Territory, or District is also regulated by part 330 of this chapter. 8318.82–3 Costs.

All costs incident to the inspection, handling, cleaning, safeguarding, treating, or other disposal of products or articles under this subpart, except for the services of an inspector during regularly assigned hours of duty and at the usual places of duty, shall be borne by the owner.

MISCELLANEOUS PROVISIONS 319.8-16 Importation into United States of

cotton and covers exported therefrom. 319.8-17 Importation for exportation, and

importation for transportation and ex

portation; storage. 319.8–18 Samples. 319.8-19 Cottonseed or seed cotton for exper

imental or scientific purposes. 319.8-20 Importations by the Department of

Agriculture. 319.8-21 Release of cotton and covers after

18 months' storage. 319.8-22 Ports of entry or export. 319.8-23 Treatment. 319.8–24 Collection and disposal of waste. 319.8-25 Costs and charges. 319.8–26 Material refused entry. 319.8–27 Applicability of Mexican Border

Regulations.

Subpart-Sugarcane

319.15 Notice of quarantine. 319.15a Administrative Instructions and in

terpretation relating to entry into Guam of bagasse and related sugarcane products.

CONDITIONS OF IMPORTATION AND ENTRY OF

COTTON AND COVERS 319.8-2 Permit procedure. 319.83 Refusal and cancellation of permits.

REGULATIONS GOVERNING ENTRY OF INDIAN

CORN OR MAIZE 319.24–1 Applications for permits for impor

RULES AND REGULATIONS 319.41-1 Plant products permitted entry. 319.41-2 Application for permits. 319.41-3 Issuance of permits. 319.414 Notice of arrival by permittee. 319.41-5 Condition of entry. 319.41-5a Administrative instructions;

method used for the disinfection of imported broomcorn and broomcorn

brooms. 319.41-6 Importations by mail.

319.37 Prohibitions and restrictions on im

portation; disposal of articles refused im

portation. 319.37-1 Definitions. 319.37-2 Prohibited Articles. 319.37-3 Permits. 319.37-4 Inspection, treatment, and

phytosanitary certificates of inspection. 319.37–5 Special foreign inspection and cer

tification requirements. 319.37–6 Specific treatment and other re

quirements. 319.37–7 Postentry quarantine. 319.37-8 Growing media. 319.37-9 Approved packing material. 319.37–10 Marking and identity. 319.37-11 Arrival notification. 319.37–12 Prohibited articles accompanying

restricted articles. 319.37-13 Treatment and costs and charges

for inspection and treatment. 319.37-14 Ports of entry.

Subpart-Rice

QUARANTINE 319.55 Notice of quarantine. 319.55a Administrative instructions relating

to entry of rice straw and rice hulls into Guam.

RULES AND REGULATIONS

Subpart-Logs, Lumber, and Other

Unmanufactured Wood Articles

319.55–1 Definitions.
319.55–2 Application for permit.
319.553 Ports of entry.
319.55

4 Issuance of permits. 319.55-5 Notice of arrival by permittee. 319.556 Inspection and disinfection at port

of arrival. 319.55–7 Importations by mail.

Subpart-Fruits and Vegetables

319.40-1 Definitions. 319.40-2 General prohibitions and restric

tions; relation to other regulations. 319.40-3 General permits; articles that may

be imported without a specific permit; articles that may be imported without either a specific permit or an importer

document. 319.404 Application for a permit to import

QUARANTINE 319.56 Notice of quarantine. 319.56a Administrative instructions and in

terpretation relating to entry into Guam of fruits and vegetables under $ 319.56.

RULES AND REGULATIONS

319.56-1 Definitions. 319.56-2 Restrictions on entry of fruits and

vegetables. 319.56-2a Permits required for entry of

chestnuts and acorns and certain coco

nuts. 319.56-2b Administrative instructions; con

ditions governing the entry of acorns and 319.56-2x Administrative instructions; con

ditions governing the entry of certain fruits and vegetables for which treat

ment is required. 319.56-2y Administrative Instructions; con

ditions governing the entry of canta

loupe and watermelon from Ecuador. 319.56-22 Administrative instructions gov

erning the entry of cherimoyas from

Chile. 319.56-2aa Administrative Instructions gov

erning the entry of honeydew melons

from Brazil. 319.56-2bb Administrative instructions gov

erning movement of Hass avacados from

Mexico to Alaska. 319.56-2cc Administrative instructions gov

erning the entry of Fuji variety apples

from Japan and the Republic of Korea. 319.56-2dd Administrative instructions: con

ditions governing the entry of pink or

red tomatoes from Spain. 319.56–3 Applications for permits for impor

tation of fruits and vegetables. 319.56-4 Issuance of permits. 319.56-5 Notice of arrival by permittee. 319.56–6 Inspection and other requirements

at the port of first arrival. 319.56-7 Inspection of baggage and cargo on

the dock. 319.568 Territorial applicability.

319.56-2d Administrative instructions for

cold treatments of certain imported

fruits. 319.56-2e Administrative instructions; con

ditions governing the entry of cipollini

from Morocco. 319.56–26 Administrative instructions pre

scribing method of treatment of oranges, grapefruit, tangerines, and Manila man

goes from Mexico. 319.56–2g Administrative instructions pre

scribing method of treatment of garlic

from specified countries. 319.56-2h Regulations governing the entry

of grapes from Australia. 319.56-21 Administrative instructions pre

scribing treatments for mangoes from Central America, Mexico, South Amer

ica, and the West Indies. 319.56-21 Conditions governing the entry of

apples and pears from Australia (includ

ing Tasmania) and New Zealand. 319.56-2k Administrative instructions pre

scribing method of fumigation of field

grown grapes from specified countries. 319.56-21 Administrative instructions pre

scribing method of treatment of im

ported yams. 319.56-2m Administrative instructions pre

scribing method of fumigation of apricots, grapes, nectarines, peaches,

plumcot, and plums from Chile. 319.56-2n Administrative instructions pre

Subpart-Wheat Diseases

319.59 Prohibitions on importation; disposal

of articles refused importation. 319.59–1 Definitions. 319.59-2 Prohibited articles.

Subpart-Packing Materials

QUARANTINE 319.69 Notice of quarantine. 319.69a Administrative instructions and in

terpretation relating to the entry into Guam of plant materials specified in $319.69.

RULES AND REGULATIONS 319.69-1 Definitions. 319.69-2 Freedom from pests. 319.693 Entry inspection. 319.69 4 Disposition of materials found in

violation. 319.69_5 Types of soil authorized for pack

ing.

Subpart-Coffee

QUARANTINE 319.73 Notice of quarantine.

REGULATIONS 319.73–1 Definitions. 319.73–2 Products prohibited importation.