this subpart, that are less stringent than those contained in the regulations.

(d) This quarantine shall leave in full force and effect all other quarantines and orders.

(e) As used in this subpart, 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 10788, Dec. 29, 1959, as amended at 26 FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; 60 FR 27682, May 25, 1995]

§319.69a Administrative

instructions

and interpretation relating to the entry into Guam of plant materials specified in § 319.69.

(a) Plants and products designated in §319.69(a)(1), (3), (4), and (5) and (b)(1) and (3) as prohibited or restricted entry into the United States from the countries and localities named may be imported into Guam as packing materials without prohibition or restriction under this subpart. Inspection of such importations may be made under the general authority of §330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with §330.106 of this chapter.

(b) Corn and allied plants listed in §319.69(a)(2) may be imported into Guam subject to the requirements of §§ 319.69-2, 319.69-3, and 319.69 4.

(c) Under $319.69(a) (6) and (7), coconut fronds and other parts of the coconut trees are prohibited entry into Guam as packing materials except as permitted in §319.37-16a.

[24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27682, May 25, 1995]

RULES AND REGULATIONS

$319.69-1 Definitions.

(a) Packing materials. The expression "packing material", as used in §319.69, includes any of the plants or plant products enumerated, when these are associated with or accompany any commodity or shipment to serve for filling, wrapping, ties, lining, mats, moisture retention, protection, or for

any other purpose; and 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. 1

(b) Soil containing vegetable matter. Soil containing an appreciable admixture of vegetable matter, here brought under quarantine only because its content of decaying vegetation or plant remains carries a definite pest risk, is to be distinguished from soil of purely mineral or earthy composition, which is not covered by this quarantine.

(c) Inspector. An inspector of the U.S. Department of Agriculture.

If the inspector shall find packing materials associated with or accompanying any commodity or shipment being imported, or to have been imported, in violation of §319.69 or of the regulations in this subpart or shall find them infested or infected with injurious insects or plant diseases, he may refuse entry to the shipment, or he may seize and destroy or otherwise dispose of such packing material, or he may require it to be replaced, or sterilized, or otherwise treated.

$319.69-5 Types of soil authorized for packing.

The following types of soil or earth are authorized as safe for packing: (a) Peat, (b) peat moss, and (c) Osmunda fiber.

1 Since it is the packing materials themselves which constitute the danger and not the manner of use, it is intended that the definition shall include their presence within or accompanying a shipment regardless of their function or relation to a shipment or the character of the shipment.

Subpart-Coffee

QUARANTINE

§319.73 Notice of quarantine.

as

Pursuant to sections 5, 7, and 9 of the Plant Quarantine Act of 1912, amended, and section 106 of the Federal Plant Pest Act (7 U.S.C. 159, 160, 162, 150ee), and after the public hearing required thereunder, the Administrator of the Animal and Plant Health Inspection Service hereby determines that the

unrestricted importation into Puerto Rico and Hawaii from all foreign countries and localities of (a) the seeds or beans of coffee which, previous to importation, have not been roasted to a degree which, in the judgment of an inspector of the Department of Agriculture, will have destroyed coffee borers in all stages, (b) coffee berries or fruits, (c) coffee plants and leaves, and (d) empty sacks previously used for unroasted coffee, may result in the entry into Puerto Rico and Hawaii of the coffee berry borer (Stephanoderes hampei Ferr. [S. coffeae Hgdn.]) and an injurious rust disease caused by the fungus Hemileia vastatrix B. and Br., and said Administrator hereby further determines, that, in order to prevent the introduction into Puerto Rico and Hawaii of said insect pest and coffee disease, which are new to and not heretofore widely prevalent or distributed within and throughout the United States, it is necessary to forbid the importation into Puerto Rico and Hawaii of the products and plants specified above, except as permitted in the regulations supplemental hereto. Hereafter, the products and plants specified above shall not be imported or offered for entry into Puerto Rico and Hawaii from any foreign country or locality except as permitted by said regulations. However, whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions as to pest risk involved in the importation of one or more of the products to which this subpart applies, make it safe to modify, by making less stringent the restrictions contained in any 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; or he may, upon request in specific cases, when the public interests will permit, authorize such importation under conditions specified in the permit to carry out the purposes of this part that are less stringent than those contained in the regulations.

REGULATIONS

§319.73-1 Definitions.

For the purposes of the provisions in this subpart, unless the context otherwise requires, the following words shall be construed, respectively, to mean:

(a) Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, 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.

(b) Inspector. A properly identified employee of the U.S. Department of Agriculture or other person authorized by the Department to enforce the provisions of the Plant Quarantine Act and the Federal Plant Pest Act.

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

[35 FR 14497, Sept. 16, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972]

§319.73-2 Products prohibited importation.

The seeds or beans of coffee which, previous to importation, have not been roasted to a degree which, in the judgment of an inspector, will have destroyed coffee borers in all stages; coffee berries or fruits; coffee plants and leaves; and empty sacks previously used for unroasted coffee; are prohibited importation into Puerto Rico or Hawaii, except as provided in §319.73-3. [35 FR 14497, Sept. 16, 1970]

167-013 0-96-10

§319.73-3 Conditions for transit move

ment of certain products through Puerto Rico or Hawaii.

(a) Transit shipments from any foreign country through Puerto Rico or Hawaii of samples of unroasted coffee seeds and beans in closed mail dispatches, destined to foreign countries or to destinations elsewhere in the United States in compliance with this subpart, will be allowed to proceed without action by the inspector. Other samples of unroasted coffee seeds or beans received by mail in the post offices in Puerto Rico or Hawaii shall be subject to inspection and safeguard action by the inspector, who shall require their immediate return to origin or immediate forwarding to a destination elsewhere in the United States in compliance with this subpart. Such return or onward movement shall be made in closed mail dispatches. If such immediate action is not possible the samples shall be destroyed.

(b) Samples of unroasted coffee seeds or beans coming to Puerto Rico or Hawaii as cargo and not unloaded in Puerto Rico or Hawaii will be allowed to proceed to a foreign destination or to a destination elsewhere in the United States in compliance with paragraph (a) of this section. If the samples are to be unloaded and transshipped in Puerto Rico or Hawaii, it shall be done immediately after the inspector ascertains that the samples are properly wrapped or packaged to prevent the escape of any plant pests that may be present during transit and, before transshipment the carrier shall rewrap or package the samples in such manner as the inspector may require if he deems such action is necessary to prevent the escape of any plant pests that may be present.

(c) Other mail, cargo, and baggage shipments of products covered by §319.73-2, arriving in Puerto Rico or Hawaii shall not be unloaded or transshipped in Puerto Rico or Hawaii and shall be subject to the inspection and other applicable requirements of the Plant Safeguard Regulations (part 352 of this chapter).

[35 FR 14497, Sept. 16, 1970]

$319.73-4 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, or his agent, having responsible custody thereof.

[35 FR 14498, Sept. 16, 1970]

Subpart-Cut Flowers

QUARANTINE

$319.74 Notice of quarantine.

(a) The Secretary of Agriculture, having given the public hearing required by law and having determined the pest risk involved, forbids the importation of cut flowers into the United States from foreign countries, including those in Europe, Asia, Africa, Australia, South America, Central America, North America, and other foreign countries and islands (other than cut flowers produced in the Dominion of Canada, Labrador, Newfoundland, and the United States), except as provided in the regulations supplemental to this subpart.

(b) This subpart shall not be construed to modify provisions applicable to cut flowers included in special quarantine or other restrictive orders now in force or hereafter promulgated.

(c) As used in this section, the term United States means the continental United States, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.

RULES AND REGULATIONS

$319.74-1 Definitions.

For the purpose of the regulations in this subpart the following words, names, and terms shall be construed, respectively, to mean:

(a) 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. This definition shall not include dried, bleached,

dyed, or chemically treated decorative plant materials; filler or greenery, such as fern fronds and asparagus plumes, frequently packed with fresh cut flowers; nor to Christmas greenery, such as holly, mistletoe, and Christmas trees.

(b) Inspector. An employee of the U.S. Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of the Plant Quarantine Act.

(c) Permit. A form of authorization to allow the importation of cut flowers in accordance with the regulations in this subpart. In the case of cut flowers imported in small quantities, this may be an oral authorization by the inspector at the port of entry.

$319.74-2 Regulated articles.

(a) All cut flowers imported into the United States from the foreign countries and islands designated in the quarantine are subject to the regulations in this subpart.

(b) Such types of cut flowers as may be determined by the Deputy Administrator of the Plant Protection and Quarantine Programs and designated by him in administrative instructions as involving special risk of introducing into the United States any new and potentially injurious insect or plant disease shall be admitted only under permit.

(c) Whenever, in the opinion of the Deputy Administrator of the Plant Protection and Quarantine Programs, a State, Territory or District of the United States covered by §319.74 shall have taken action to suppress types of pests that may be imported with certain cut flowers, and shall have promulgated, when such action contributes to the suppressive program, a plant quarantine prohibiting the entry in interstate movement of specific kinds of cut flowers that might introduce such pests, and further shall have requested through the responsible official that the U.S. Department of Agriculture cooperate by restricting the importation from foreign countries named in this quarantine of such cut flowers into the State or Territory or District in question, importations thereof to said State or Territory or District may be denied by the Deputy Administrator of the Plant Protection

and Quarantine Programs either through refusing approval of a permit or such other means as he may an

nounce.

§319.74-2a Administrative instruc

tions relative to the cut flower quarantine.

Pursuant to the authority conferred upon the Deputy Administrator of the Plant Protection and Quarantine Programs by $319.74-2(b) (Notice of Quarantine No. 74), it has been determined that the following types of cut flowers involve special risk of introducing into the United States new and potentially injurious insects or plant diseases when imported into the United States from the foreign countries and localities designated in §319.74:

Camellia-Camellia spp.

Gardenia, cape jasmine-Gardenia spp. Rhododendron-Rhododendron spp. (includ

ing Azalea)

Rose Rosa spp. Lilac-Syringa spp.

Accordingly it is hereby required that the above types of cut flowers may be imported from the designated foreign countries and localities only under permits issued in accordance with the procedure authorized in §§319.74-3 to 319.74-5, inclusive.

§ 319.74-3 Conditions governing the entry of cut flowers.

(a) All cut flowers imported from the named foreign countries and localities, whether or not subject to permit requirements, shall be given such inspection and treatment at the port of entry as may be deemed necessary by the inspector. Cut flowers imported from any country or locality and found upon inspection to be infested with agromyzids (insects of the family Agromyzidae) shall be fumigated at the time of importation with methyl bromide in accordance with a procedure specified in paragraph (d) of this section, except that such fumigation shall not be required for cut flowers imported from Canada (including Labrador and Newfoundland) or Mexico because of the finding of agromyzids, and shall not be required for cut flowers of Chrysanthemum spp. imported from Colombia or the Dominican Republic because of the finding of agromyzids, when such

agromyzids are identified by an inspector to be only agromyzids of the species Liriomyza trifolii (Burgess). Any cut flowers found upon inspection to be infested with injurious insects or infected with plant diseases, which cannot be eliminated by treatment, shall be denied entry. The importer will be given the option of abandoning for destruction such rejected cut flowers or immediately shipping them to a point outside the United States.

(b) Under circumstances which will in the judgment of the inspector eliminate pest risk, the inspector may orally authorize entry in small quantities of cut flowers that are subject to the permit requirements.

(c) Whenever, during the inspection of cut flowers imported in accordance with the regulations in this subpart, the inspector shall find them to be infested with an injurious insect or infected with an injurious plant disease, which can be eliminated by a method of treatment selected by him in accordance with administratively authorized procedures known to be effective under the conditions applied, he may prescribe as a condition of entry that such treatment be applied by the importer or his agent, under the supervision of the inspector. All costs for such treatment, except for the services of the inspector, shall be borne by the importer or his agent. Neither the Department of Agriculture nor the inspector shall be deemed responsible for any adverse effects of such treatment on the cut flowers so treated. In lieu of treatment the importer of infested or infected cut flowers shall be given the option of immediately shipping them to a point outside the United States or abandoning them for immediate destruction.

(d) Fumigation of cut flowers for agromyzids (insects of the family Agromyzidae) shall consist of fumigation with methyl bromide at normal atmospheric pressure in a chamber or under a tarpaulin in accordance with one of the following schedules:

11⁄2 lbs. per 1000 cu. ft. for 2 hours at 80°-90° F. (19 oz. concentration at first 1⁄2 hour) (12 oz. concentration at 2 hours); or

2 lbs. per 1000 cu. ft. for 2 hours at 70°-79° F. (24 oz. concentration at first 1⁄2 hour) (16 oz. concentration at 2 hours); or

21⁄2 lbs. per 1000 cu. ft. for 2 hours at 60°–69° F.

(30 oz. concentration at first 1⁄2 hour) (20 oz. concentration at 2 hours); or

3 lbs. per 1000 cu. ft. for 2 hours at 50°–59° F. (36 oz. concentration at first 1⁄2 hour) (24 oz. concentration at 2 hours); or

31⁄2 lbs. per 1000 cu. ft. for 2 hours at 40°-49° F. (41 oz. concentration at first 1⁄2 hour) (27 oz. concentration at 2 hours)

NOTE: There is a possibility that some cut flowers could be damaged by such fumigation.

(Secs. 5 and 9, 37 Stat. 316, 318, as amended, 7 U.S.C. 159, 162; 7 CFR 2.17, 2.51, and 371.2.; secs. 5 and 9, 37 Stat. 316, 318, as amended, 7 U. S. C. 159, 162; 7 CFR 2.17, 2.51, and 371.2(c)) [24 FR 10788, Dec. 29, 1959, as amended at 47 FR 38103, Aug. 30, 1982; 48 FR 16877, Apr. 20, 1983; 48 FR 20403, May 6, 1983; 49 FR 24988, June 19, 1984]

$319.74-4 Procedure for obtaining per

mits.

(a) Persons desiring to import cut flowers subject to the permit requirements of the regulations in this subpart (other than small quantities eligible for entry upon oral authorization) shall submit to the Plant Protection and Quarantine Programs an application1 stating the exact designation of the cut flowers to be imported, the name and address of the exporter, the country where grown, the port of entry, the destination in the United States, and the name and address of the importer or agent in the United States to whom the permit should be sent.

(b) Application for permit should be made in advance of the proposed importation.

(c) Upon receipt and approval of such application by the Plant Protection and Quarantine Programs, a permit will be issued which will authorize the importation, specify the port of entry, and prescribe conditions that may be

1 Address applications to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236. Form PPQ-587 may be used but a letter or telegram setting forth the required information will be accepted in lieu of an application on form PPQ-587.