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Subpart-Guam

QUARANTINE

§318.82 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 Zimm., Coniothyrium sp., Phyllosticta

batatae

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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

§318.82-1 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 construed, 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.

(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.

(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.

§318.82-2 Movement of regulated articles.

(a) Plants, plant products, and other articles designated in §318.82 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 chapter, 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

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 §318.82 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.

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319.19 Notice of quarantine.

Subpart-Corn Diseases

QUARANTINE

319.24 Notice of quarantine.

319.24a Administrative instructions relating to entry of corn into Guam.

REGULATIONS GOVERNING ENTRY OF INDIAN CORN OR MAIZE

319.24-1 Applications for permits for importation of corn.

319.24-2 Issuance of permits.

319.24-3 Marking as condition of entry. 319.24-4 Notice of arrival of corn by permittee.

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319.40-2 General prohibitions and restrictions; 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.

319.40-4 Application for a permit to import regulated articles; issuance and withdrawal of permits.

319.40-5 Importation and entry requirements for specified articles.

319.40-6 Universal importation options. 319.40-7 Treatments and safeguards. 319.40-8 Processing at facilities operating under compliance agreements. 319.40-9 Inspection and other requirements at port of first arrival.

319.40-10 Costs and charges.

319.40-11 Plant pest risk assessment standards.

instructions;

method used for the disinfection of imported broomcorn and broomcorn brooms.

319.41-6 Importations by mail.

Subpart-Rice

QUARANTINE

319.55 Notice of quarantine.

319.55a Administrative instructions relating to entry of rice straw and rice hulls into Guam.

319.55-1

RULES AND REGULATIONS

Definitions.

319.55-2 Application for permit. 319.55-3 Ports of entry.

319.55-4 Issuance of permits.

319.55-5 Notice of arrival by permittee.

319.55-6 Inspection and disinfection at port of arrival.

319.55-7 Importations by mail.

Subpart-Fruits and Vegetables
QUARANTINE

319.56 Notice of quarantine.
319.56a

Administrative instructions and interpretation relating to entry into Guam of fruits and vegetables under § 319.56.

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319.56-2d Administrative instructions for cold treatments of certain imported fruits.

319.56-2e Administrative instructions; conditions governing the entry of cipollini from Morocco. 319.56-2f Administrative

instructions prescribing method of treatment of oranges, grapefruit, tangerines, and Manila mangoes from Mexico. 319.56-2g Administrative instructions prescribing method of treatment of garlic from specified countries. 319.56-2h Regulations governing the entry of grapes from Australia. 319.56-21 Administrative instructions prescribing treatments for mangoes from Central America, Mexico, South America, and the West Indies. 319.56-2j Conditions governing the entry of apples and pears from Australia (including Tasmania) and New Zealand. 319.56-2k Administrative instructions prescribing method of fumigation of fieldgrown grapes from specified countries. 319.56-21 Administrative instructions prescribing method of treatment of imported yams.

319.56-2m Administrative instructions prescribing method of fumigation of apricots, grapes, nectarines, peaches, plumcot, and plums from Chile. 319.56-2n Administrative instructions prescribing a combination treatment of fumigation plus refrigeration for certain fruits. 319.56-20 Administrative instructions prescribing method of treatment of avocados for the Mediterranean fruit fly, the melon fly, and the oriental fruit fly. 319.56-2p Administrative instructions prescribing treatment and relieving restrictions regarding importation of okra from Mexico, the West Indies, and certain countries in South America. 319.56-2q Administrative instructions; conditions for importation of grapefruits, oranges, and tangerines from Mexico. 319.56-2r Administrative instructions governing the entry of apples and pears from certain countries in Europe.

319.56-2s Administrative instructions governing the entry of apricots, nectarines, peaches, plumcot, and plums from Chile. 319.56-2t Administrative instructions; conditions governing the entry of certain fruits and vegetables.

319.56-2u Conditions governing the entry of peppers from Israel.

319.56-2v Conditions governing the entry of citrus from Australia.

319.56-2w Administrative instruction; conditions governing the entry of papayas from Costa Rica.

319.56-2x Administrative instructions; conditions governing the entry of certain fruits and vegetables for which treatment is required.

319.56-2y

Administrative instructions; conditions governing the entry of cantaloupe and watermelon from Ecuador. 319.56-2z Administrative instructions governing the entry of cherimoyas from Chile.

319.56-2aa Administrative instructions governing the entry of honeydew melons from Brazil.

319.56-2bb Administrative instructions governing movement of Hass avacados from Mexico to Alaska. 319.56-2cc Administrative instructions governing the entry of Fuji variety apples from Japan and the Republic of Korea. 319.56-2dd Administrative instructions: conditions governing the entry of pink or red tomatoes from Spain.

319.56-3 Applications for permits for importation 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.

319.56-8 Territorial applicability.

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