destroyed, or otherwise disposed of as inspector for examination a complete authorized by section 10 of the Plant manifest or other documentation from Quarantine Act (7 U.S.C. 164a), section which the inspector may determine 105 of the Federal Plant Pest Act (7 whether there are on board any prohibU.S.C. 150dd), or the Mexican Border ited or restricted products or articles Act (7 U.S.C. 149). Any person who un subject to this part, other than accomloads or lands or otherwise brings or panied baggage and mail. moves into or through the United (b) Other documentation. Any notificaStates, any plants, plant products, tions, reports, and similar documentaplant pests, soil, or other products or tion not specified in the regulations in articles subject to this part in any this part, but necessary to carry out manner contrary to this part, shall be the purpose of the regulations, will be subject to prosecution under the appli- prescribed in administrative instruccable provisions of law.

tions. (b) Whenever the Deputy Adminis- (c) Procedure after examination of doctrator of the Plant Protection and uments. After examination of the carQuarantine Programs shall find that rier cargo manifest or other docuexisting conditions of danger of plant mentation the inspector may notify pest escape or dissemination involved the owner and the Customs officer that in the arrival, unloading, landing, or certain products or articles on board other movement, or possession in the the carrier are subject to this part and United States of plants, plant products, may not be unloaded or landed for any plant pests, soil, or other products or purpose pending plant quarantine inarticles subject to the regulations in spection. In such case the owner shall this part, make it safe to modify by not unload or land such products or armaking less stringent the restrictions ticles without authorization by an incontained in any such regulation, he spector. shall publish such findings in administrative instructions, specifying the 8352.5 Permit; requirement, form and manner in which the regulations shall

conditions. be made less stringent with respect (a) General. (1) Permits are required thereto, whereupon such modification for the arrival, unloading or landing, or shall become effective; or he may, upon other movement into or through the request in specific cases, when the pub- United States of plants, plant products, lic interests will permit, authorize ar- plant pests, and soil subject to this rival, unloading, landing, or other part. The permit may consist of a genmovement, or possession in the United eral authorization as set out in paraStates under conditions that are less graph (b), (c), or (d) of this section or stringent than those contained in the $352.11, or it may be a specific permit. regulations in this part.

A specific permit may be formal or oral (c) The Deputy Administrator also except as a formal permit is required may set forth and publish, in adminis- by paragraph (c) or (e) of this section. trative instructions, requirements and The Deputy Administrator may in adconditions for any class of products or ministrative instructions require spearticles supplemental to the regula- cific or formal permits for any class of tions in this part, and may promulgate products or articles subject to this interpretations of this part.

part. (d) The Deputy Administrator shall (2) A formal permit may be issued in employ procedures to carry out the prescribed form, in letter form, or a purposes of this part which will impose combination thereof. A rubber stamp a minimum of impediment to foreign impression or other endorsement made commerce, consistent with proper pre- by the inspector on pertinent Customs caution against plant pest dissemina- documents covering the products or artion.

ticles involved may constitute the for

mal permit in appropriate cases. 8352.4 Documentation.

(b) Permit for prohibited or restricted (a) Manifest. Immediately upon the products or articles brought in for temarrival of a carrier in the United States porary stay where unloading or landing the owner shall make available to the in the United States is not intended. No

permit other than the authorization shall become subject to the applicable contained in this paragraph shall be re- permit and other requirements of parts quired for bringing into the United 319, 320, 321, and 330 of this chapter States any plants, plant products, upon arrival at the port where Customs plant pests, or soil subject to this part entry is to be made and shall not be for temporary stay where unloading or unloaded or landed unless they comply landing in the United States is not in- with the applicable requirements. tended, e.g., in connection with residue (e) Formal permits required for certain cargo movement under Customs proce- prohibited or restricted products or artidure, or in connection with Customs cles brought into a foreign trade zone. A entry for exportation or for transpor- formal permit must be obtained to tation and exportation. This authoriza- bring any prohibited or restricted tion also includes transshipment of plants, plant products, plant pests, or products and articles under this para- soil subject to the provisions in this graph from a carrier directly to an

part, into a foreign trade zone for storother carrier of the same company

age, manipulation, or other handling, when necessitated by an emergency or

except for immediate transshipment operating requirement and effected in and exportation

or

for immediate accordance with safeguards prescribed

transportation and exportation. Spein writing or orally by the inspector

cial conditions to safeguard such storunder $352.10.

age, manipulation, or other possession (c) Permit for prohibited or restricted or handling may be specified in the perproducts or articles unloaded or landed mit, and when so specified shall be in for immediate transshipment and expor

addition to any other applicable retation, or immediate transportation and

quirements of this part or the safeexportation. When in the opinion of the

guards prescribed by the inspector or inspector it is unnecessary to specify

otherwise under this part. in a formal permit the safeguards required to prevent plant pest dissemina

$352.6 Application for permit and ap

proval or denial thereof. tion, plants, plant products, plant pests, or soil subject to this part may

(a) Plants and plant products. Except be unloaded or landed for immediate

as otherwise provided in this paratransshipment and exportation or for

graph, any person desiring to unload or immediate transportation and expor

land, otherwise move into or tation, as provided in $352.10, with the

through the United States, any plants approval of the inspector and no fur

or plant products for which a specific ther permit than the authorization

permit is required by $352.5, shall in contained in this paragraph; otherwise

the case of prohibited plants or plant a formal permit shall be required for

products, and should in the case of resuch unloading or landing.

stricted plants or plant products, in ad

vance of arrival in the United States of (d) Permit for restricted products or articles moving as residue cargo from port of

the plants or plant products, submit an first arrival to port of entry. Restricted

application for a permit to the Plant

Protection and Quarantine Programs, 1 plants, plant products, plant pests, or soil subject to this part arriving in the

stating such of the following informa

tion as is relevant: The name and adUnited States for movement under res

dress of the importer, the approximate idue cargo procedures of Customs from

quantity and kind of plants and plant a port of first arrival to another port

products it is desired to import under for Customs entry into the United

this part, the country where grown, the States may be allowed to so move

United States port of arrival, the Unitwithout permit other than the authorization contained in this paragraph, if

ed States port of export, the proposed

routing from the port of arrival to the the inspector finds that apparently they can meet the applicable requirements of parts 319, 320, 321, and 330 of

1 Application for such permits should be ad

dressed to the Animal and Plant Health Inthis chapter at the port where entry is

spection Service, Plant Protection and Quarto be made; otherwise a formal permit

antine, Port Operations, Permit Unit, 4700 shall be required for such movement. River Road, Unit 136, Riverdale, Maryland Such restricted products and articles 20737-1236.

or

port of exportation, means of transpor- the permit, or otherwise as provided in tation to be employed (i.e., mail, air $352.10. Permits will be denied if, in the mail, express, air express, freight, air opinion of the Deputy Administrator, freight, baggage), and the name and ad- it is not possible to prescribe condidress of the agent representing the im- tions adequate to prevent danger of porter. Applications may be made on plant pest dissemination by the plants, forms provided for the purpose by the plant products, plant pests, or soil inPlant Protection and Quarantine Pro- volved. grams, or orally, or by letter, tele

(Approved by the Office of Management and gram, or other means of communica

Budget under control number 0579-0049) tion furnishing all the information required by this paragraph. Applications

(44 U.S.C. 35) need not be made for shipments han- (25 FR 1929, Mar. 5, 1960, as amended at 36 FR dled under general authorizations set 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; forth in $352.5 (b), (c), or (d), or in

48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, $ 352.11.

1994) (b) Plant pests. Any person desiring to

8352.7 Notice of arrival. unload or land, or otherwise move into or through the United States, any Immediately upon arrival of any plant pest for which a specific permit is

shipment of plants or plant products required by $352.5 shall, in advance of subject to this part and covered by a the arrival of the plant pests in the

specific permit, the importer shall subUnited States, submit an application

mit in duplicate through the U.S. Colto the Plant Protection and Quar

lector of Customs for the U.S. Departantine Programs2 for a permit as speci

ment of Agriculture a notice of such fied by $330.201 of this chapter.

arrival on a form provided for that pur(c) Soil. Any person desiring to bring

pose (PQ-368) and shall give such inforinto or unload or land, or otherwise

mation as is called for by that form move into or through the United and, in addition, where relevant, the States, any soil for which a specific

proposed routing to the proposed U.S. permit is required by $352.5 shall, in port of exit. Notice of arrival shall not advance of the arrival of the soil in the be required for other products or artiUnited States, submit an application

cles subject to this part since other for permit to the Plant Protection and available documentation meets the reQuarantine Programs2 as specified by quirement for this notice. $330.300(b) of this chapter.

(Approved by the Office of Management and (d) Constructive oral application. If a Budget under control number 0579-0049) permit has not been issued in advance

(44 U.S.C. 35) of arrival, application for any required

[25 FR 1929, Mar. 5, 1960, as amended at 48 FR permit (other than a formal permit)

57466, Dec. 30, 1983] shall be considered to have been made orally to the inspector at the port of 8352.8 Marking requirements. arrival by presentation of the shipment

Prohibited and restricted products for entry or its listing on the manifest or other documentation, but this shall

and articles subject to this part shall

be adequately marked or otherwise not excuse failure to make timely application as required by this section.

identified by documentation to indiExpress application is required for a

cate their nature. formal permit.

8 352.9 Ports. (e) Approval or denial of permits. Upon approval of the application, the permit

The arrival, unloading, landing, or will be issued. Any conditions nec

possession of plants, plant products, essary to eliminate danger of plant

plant pests, soil, or other products or pest dissemination may be specified in

articles subject to this part shall not be allowed at points within the United

States other than at the ports specified 2 Application for permits should be made to the Plant Protection and Quarantine Pro

in the Customs Regulations in 19 CFR grams, Animal and Plant Health Inspection

1.1 and 19 CFR 6.13, and Agana, Guam, Service, U.S. Department of Agriculture, or such other ports as may be named in Washington, DC 20250.

permits or administrative instructions.