§301.75-8 Interstate movement of regulated seed from a quarantined area. Regulated seed may be moved interstate from a quarantined area into any area of the United States if all of the following conditions are met: (a) During the 2 years before the interstate movement, no plants or plant parts infected with or exposed to citrus canker were found in the grove or nursery producing the fruit from which the regulated seed was extracted. (b) The regulated seed was treated in accordance with §301.75-11(b) of this subpart. (c) The regulated seed is accompanied by a certificate issued in accordance with §301.75-12 of this subpart. [55 FR 37452, Sept. 11, 1990] §301.75-9 Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes. A regulated article may be moved interstate from a quarantined area if: (a) Moved by the United States Department of Agriculture for experimental or scientific purposes; (b) Moved pursuant to a Departmental permit issued for such article by the Administrator; (c) Moved in accordance with conditions specified on the Departmental permit and determined by the Administrator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing, growing, shipment, disposal; and (d) Moved with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article. [50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] interstate through a quarantined area, without a certificate, limited permit, or Departmental permit, if all of the following conditions are met: (a) The regulated article is accompanied by either: A receipt showing that the regulated article was purchased outside the quarantined area, or a bill of lading stating the location of the premises where the shipment originated, the type and quantity of regulated articles being moved interstate, and the date the interstate movement began. (b) The regulated article is moved through the quarantined area without being unloaded, and no regulated article, except regulated fruit that qualifies for interstate movement from the quarantined area in accordance with §301.75-7 of this subpart, is added to the shipment in the quarantined area. (c) The regulated article is completely covered, or enclosed in containers or in a compartment of a vehicle, during movement through the quarantined area, except that, covering or enclosure is not required if the regulated article is moved through the quarantined area without stopping, except for refueling or for traffic conditions, such as traffic lights or stop signs. [55 FR 37452, Sept. 11, 1990] § 301.75-11 Treatments. (a) Regulated fruit. Regulated fruit for which treatment is required by this subpart must be treated in one of the following ways in the presence of an inspector, or at a facility whose owner operates under a compliance agreement: (1) The regulated fruit must be thoroughly wetted for at least 2 minutes with a solution containing 200 parts per million sodium hypochlorite, with the solution maintained at a pH of 6.0 to 7.5, or (2) The regulated fruit must be thoroughly wetted with a solution containing sodium o-phenyl phenate (SOPP) at a concentration of 1.86 to 2.0 percent of the total solution, for 45 seconds if the solution has sufficient soap or detergent to cause a visible foaming action or for 1 minute if the solution does not contain sufficient soap to cause a visible foaming action. (3) Sodium hypochlorite and SOPP must be applied in accordance with label directions. (b) Regulated seed. Regulated seed for which treatment is required by this subpart must be extracted from fruit that has been treated in accordance with paragraph (a) of this section. The regulated seed must then be cleaned free of pulp, immersed for 10 minutes in water heated to 125° F. (51.6° C.) or higher, then immersed for at least 2 minutes in a solution containing 200 parts per million sodium hypochlorite, with the solution maintained at a pH of 6.0 to 7.5. (c) Personnel. All personnel for which treatment is required by this subpart must clean their hands using one of the following disinfectants: (1) Gallex 1027 Antimicrobial Soap; (2) Hibiclens; (3) Hibistat; (4) Sani Clean Hand Soap; or (5) Seventy Percent Isopropyl Alcohol. (d) Vehicles, equipment, and other articles. All vehicles, equipment, and other articles for which treatment is required by this subpart must be cleaned and disinfected by removing all plants, leaves, twigs, fruit, and other plant parts from all areas of the equipment or vehicles, including in cracks, under chrome strips, and on the undercarriage of vehicles, and by wetting all surfaces (including the inside of boxes and trailers), to the point of runoff, with one of the following disinfectants: (1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 7.5; (2) A 0.2-percent solution of a quaternary ammonium chloride (QAC) compound; (3) A solution of hot water and detergent, under high pressure (at least 30 pounds per square inch), at a minimum temperature of 160° F; or (4) Steam, at a minimum temperature of 160° F. at the point of contact. [50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4006, Feb. 11, 1988; 54 FR 12183, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] §301.75-12 Certificates and limited permits. (a) Issuance and withdrawal. (1) Certificates and limited permits may be issued for the interstate movement of regulated articles only by an inspector or by persons operating under a compliance agreement. (2) A certificate or limited permit may be withdrawn by an inspector if the inspector determines that any of the applicable requirements of this subpart have not been met. The decision of the inspector and the reason for the withdrawal must be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit is withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Administrator must grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (b) Attachment and disposition. (1) Certificates and limited permits accompanying regulated articles interstate must be attached during the interstate movement to one of the following: (i) The outside of the regulated article, if the regulated article is not packed in a container, or (ii) The outside of the container in which the regulated article is packed, or (iii) The consignee's copy of the accompanying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated article to be identified. (2) Certificates and limited permits accompanying regulated articles interstate must be given to the consignee at the point of destination. [55 FR 37453, Sept. 11, 1990] §301.75-13 Compliance agreements. (a) Eligibility. Any person engaged in the business of growing or handling regulated articles for interstate movement may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate 174-011 0-97--3 the interstate movement of regulated articles in accordance with this subpart. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Animal and Plant Health Inspection Service (listed in local telephone directories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (b) Cancellation. Any compliance agreement may be cancelled orally or in writing by an inspector if the inspector finds that the person who entered into the compliance agreement has failed to comply with this subpart. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be provided as promptly as circumstances allow. Any person whose compliance agreement is cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. [55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994] §301.75-14 Costs and charges. The services of the inspector shall be furnished without cost. The United States Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions in this subpart, other than for the services of the inspector. [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990] Subpart-Mediterranean Fruit Fly SOURCE: 56 FR 57576, Nov. 13, 1991, unless otherwise noted. §301.78 Restrictions on interstate movement of regulated articles. No person shall move interstate from any quarantined area any regulated article except in accordance with this subpart.1 §301.78-1 Definitions. In this subpart the following definitions apply: Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of Mediterranean fruit fly and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart. Day degrees. A mathematical construct combining average temperature over time that is used to calculate the length of a Mediterranean fruit fly life cycle. Day degrees are the product of the following formula, with all temperatures measured in °F: [(Minimum Daily Temp + Maximum Daily Temp)/2] 54° Day Degrees. = Drip line. The line around the canopy of a plant. Infestation. The presence of the Mediterranean fruit fly or the existence of circumstances that make it reasonable to believe that the Mediterranean fruit fly is present. Inspector. Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or 1 Any properly identified inspector is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff). other person authorized by the Administrator to enforce this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with §301.785(b) of this subpart only to a specified destination and only in accordance with specified conditions. Mediterranean fruit fly. The insect known as Mediterranean fruit fly Ceratitis capitata (Wiedemann) in any stage of development. Moved (Move, Movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Quarantined area. Any State, or any portion of a State, listed in §301.78-3(c) of this subpart or otherwise designated as a quarantined area in accordance with §301.78–3(b) of this subpart. Regulated article. Any article listed in §301.78-2(a) or (b) of this subpart or otherwise designated as a regulated article in accordance with §301.78-2(c) of this subpart. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory or possession of the United States. [56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991] Opuntia cactus (Opuntia spp.) Orange, calamondin (Citrus reticulata x. Fortunella) Orange, Chinese (Fortunella japonica) Orange, king (Citrus reticulata x. C. sinensis) Orange, sweet (Citrus sinensis) Orange, Unshu (Citrus reticulata var. Papaya (Carica papaya) Pepper (Capsicum frutescens, C. annuum) Pomegranate (Punica granatum) Tomato (pink and red ripe) (Lycopersicon esculentum) Walnut with husk (Juglans spp.) Any berries, fruits, nuts, or vegetables that are canned or dried or frozen below 17.8 °C. (0 °F.) are not regulated articles. (b) Soil within the drip area of plants that are producing or have produced the berries, fruits, nuts, or vegetables listed in paragraph (a) of this section. (c) Any other article, product, or means of conveyance, not covered by paragraphs (a) or (b) of this section, that presents a risk of spread of the Mediterranean fruit fly and an inspector notifies the person in possession of it that the article, product, or means of conveyance is subject to the restrictions of this subpart. [56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994] §301.78-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator shall list as a quarantined area in paragraph (c) of this section, each State, or each portion of a State, in which the Mediterranean fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Mediterranean fruit fly is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which the Mediterranean fruit fly has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the Mediterranean fruit fly. (b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section for listing such area. The Administrator will give a copy of this regulation along with a written notice of this temporary designation to the owner or person in possession of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation shall be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable. (c) The areas described below are designated as quarantined areas: Mediterranean fruit fly is not known to exist in the continental United States. [56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 61 FR 31004, June 19, 1996] (a) With a certificate or limited permit issued and attached in accordance with §§ 301.78-5 and 301.78-8 of this subpart; (b) Without a certificate or limited permit, if: (1) The regulated article is moving as air cargo or as a meal intended for inflight consumption, and is transiting Los Angeles International Airport, California; (2) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Mediterranean fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and (3) The point of origin of the regulated article is indicated on the waybill. (c) Without a certificate or limited permit, if: (1) The regulated article originated outside any quarantined area and is moved through (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs) the quarantined area in an enclosed vehicle or is completely 2 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. |