(3) Fruit that is to be moved interstate with a limited permit and that was produced in groves of 10 or more regulated trees located outside the areas of Florida listed in paragraph (b)(3) of this section: Treatment as prescribed in paragraph (a)(1) of this section or thorough wetting and brush scrubbing for one minute with a solution of water and soap (or water and detergent) sufficient to cause a visible foaming action. (b) Seed. Extracted from fruit that has been treated in accordance with paragraph (a) of this section, then cleaned free of pulp, then immersed in water at 125 °F (51.6 °C.) or higher for 10 minutes, and then immersed in a solution containing 200 parts per million sodium hypochlorite for a period of at least 2 minutes. (c) Personnel. All personnel 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 and equipment. Vehicles and equipment must be disinfected by removing all leaves, twigs, fruit, and other plant debris 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] § 301.75-13 Determination of extraordinary emergency. An extraordinary emergency was declared on October 17, 1984, because of an outbreak of citrus canker in Florida (49 FR 41268). The regulations in §§ 301.75-14 through 301.75-16 of this subpart establish provisions relating to the extraordinary emergency. § 301.75-14 Inspection, seizure, quarantine, and other actions. Any employee of the U.S. Department of Agriculture designated by the Administrator and identified by an official identification card, shall have authority to inspect, seize, quarantine, and take other actions authorized under 7 U.S.C. 150dd and 150ff, including entering with a warrant any premises in Florida to make necessary inspections and seizures. Any such employee shall be allowed to collect samples of plants or plant products found on such premises. Any such employee may enter upon any premises without a warrant if the person in possession of the premises voluntarily consents to such employee's entry. § 301.75-15 Compensation for destroyed plants. Compensation by the U.S. Department of Agriculture shall be paid for plants destroyed in Florida because of citrus canker pursuant to an order issued by an inspector that was issued between October 17, 1984, through January 29, 1986. Compensation shall be based on inspector's inventories of destroyed plants. Compensation shall be as follows: § 301.75-16 Claim for compensation. (a) A claim for compensation to be paid by the United States Department of Agriculture for economic losses resulting from the destruction of plants must be presented to an inspector before compensation will be made. The claim must be made on PPQ Form 751. The claimant must state whether the items for which compensation is requested are, or are not, subject to a mortgage, lien, or other security or beneficial interest held by any person other than the claimant. If the claimant is the owner and states that there is no mortgage, lien, or other such interest on the items, payment will be made to the owner. If the claimant states that there is a mortgage, lien, or other such interest, PPQ Form 751 shall be signed by the claimant and by each person holding a mortgage, lien, or other such interest on the items, consenting to the payment of any compensation allowed to the person specified thereon, and payment will be made to such person. (b) A person seeking compensation for scion or seed plants shall submit, in addition to PPQ Form 751, a copy of the current registration/validation issued by the Office of Budwood Registration, of the Florida Department of Agriculture and Consumer Services, Division of Plant Industry for such scion and seed plants. [51 FR 31607, Sept. 4, 1986, and 52 FR 1180, Jan. 12, 1987] 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 and any conditions imposed pursuant to it. Core area. The 1 square mile area measuring 1 mile on each side at the center of which is the point where the Mediterranean fruit fly has been de tected. 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 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 301.78-5(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, moved, or allowed to be moved. 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 § 301.783(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 Is lands, or any state, territory or possession of the United States. [54 FR 35629, Aug. 29, 1989, as amended at 54 FR 38645, Sept. 20, 1989] § 301.78-2 Regulated articles. The following are regulated articles: (a) The following fruits, nuts, vegetables and berries: Almond with husk (Prunus dulcis (P. amygdalus)) Apple (Malus sylvestris) Apricot (Prunus armeniaca) Avocado (Persea americana) Black Myrobalan (Terminalia cherbula) Cherries (sweet and sour) (Prunus avium, P. cerasus) Citrus citron (Citrus medica) Grapefruit (Citrus paradisi) Japanese persimmon (Diospyros kaki) Lime, sweet (Citrus aurantiifolia) Mandarin orange (Citrus reticulata) (tangerine) Mango (Mangifera indica) Mock orange (Murraya exotica) Mountain apple (Syzigium malaccense (Eugenia malaccensis)) Natal plum (Carissa macrocarpa) 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) Unshu) Unshu (Citrus reticulata var. Papaya (Carica papaya) Pepper (Capsicum frutescens, C. annuum) Strawberry guava (Psidium cattleianum) Tomato (pink and red ripe) (Lycopersicon esculentum) Walnut with husk (Juglans spp.) Yellow oleander (Bestill) (Thevetia peruviana) Any fruits, nuts, vegetables, or berries 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 fruits, nuts, vegetables, or berries listed in paragraph (a) of this section. (c) Any other product, article, or means of conveyance, not covered by paragraph (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 product, article, or means of conveyance is subject to the restrictions of this subpart. § 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: CALIFORNIA Los Angeles County That portion of the county in the Elysian Park area bounded by a line drawn as follows: Beginning at the intersection of U.S. Highway 101 and Barham Boulevard; then northerly along this boulevard to its intersection with Forest Lawn Drive; then northeasterly along this drive to its intersection with State Highway 134; then easterly along this highway to its intersection with Interstate Highway 5; then southerly along Interstate Highway 5 to its intersection with Colorado Boulevard; then easterly along this boulevard to its intersection with Eagle Rock Boulevard; then southwesterly along Eagle Rock Boulevard to its intersection with York Boulevard; then southeasterly along York Boulevard to its intersection with Figueroa Street; then southwesterly along this street to its intersection with Avenue 60; then southeasterly along this avenue to its intersection with Monterey Road; then southerly along this road to its intersection with Huntington Drive North; then southwesterly along this drive to its intersection with Soto Street; then southwesterly along this street to its intersection with Whittier Boulevard; then westerly along this boulevard to its intersection with 6th Street; then northwesterly along this street to its intersection with Broadway; then southwesterly along Broadway to its intersection with Interstate Highway 10; then westerly along this highway to its intersection with Western Avenue; then north along this avenue to its intersection with Venice Boulevard; then westerly along this boulevard to its intersection with Crenshaw Boulevard; then northeasterly along this boulevard to its intersection with Olympic Boulevard; then westerly along this boulevard to its intersection with Highland Avenue; then northerly along this avenue to its intersection with U.S. Highway 101; then northwesterly along this highway to the point of beginning. That portion of the county in the Whittier, Baldwin Park, Valinda, and San Gabriel Valley areas bounded by a line drawn as follows: Beginning at the intersection of Rosemead Boulevard and Interstate Highway 210; then easterly along this highway to its intersection with Grand Avenue; then southerly along this avenue to its intersection with Valley Boulevard; then southwesterly along this boulevard to its intersection with Brea Canyon Road; then southerly along this road to its intersection with State Highway 60; then westerly along this highway to its intersection with Nogales Street; then southerly along this street to its intersection with Colima Road; then westerly along this road to its intersection with Fullerton Road; then southerly along this road to its intersection with the La Habra Heights City Limits; then northwesterly along the city limits to its intersection with Hacienda Boulevard; then southerly along this boulevard to its intersection with the Los Angeles/Orange County line; then westerly and southerly along this county line to its intersection with La Habra Boulevard; then westerly along this boulevard to its intersection with Leffingwell Road; then southwesterly along this road to its intersection with Imperial Highway; then westerly along this highway to its intersection with Interstate Highway 5; then northwesterly along this highway to its intersection with Soto Street; then northeasterly along this street to its intersection with Huntington Drive; then northeasterly along this drive to its intersection with Monterey Road; then northerly along this road to its intersection with Avenue 60; then northwesterly along this avenue to its intersection with Figueroa Street; then northeasterly along this street to its intersection with York Boulevard; then westerly along this boulevard to its intersection with Eagle Rock Boulevard; then northeasterly along this boulevard to its intersection with Colorado Boulevard; then westerly along this boulevard to its intersection with State Highway 2; then northerly along this highway to its intersection with Chevy Chase Drive; then northeasterly along this drive to its intersection with Highland Drive; then easterly along this drive to its intersection with Woodbury Road; then easterly along this road to its intersection with Lake Avenue; then northerly along this avenue to its intersection with New York Drive; then easterly and southeasterly along this drive to its intersection with Sierra Madre Villa Avenue; I then southerly along this avenue to its intersection with Rosemead Boulevard; then southeasterly along this boulevard to the point of beginning. That portion of the county in the Sylmar area bounded by a line drawn as follows: Beginning at the intersection of Balboa Boulevard and Foothill Boulevard; then easterly and southerly along Foothill Boulevard to its intersection with Maclay Avenue; then southwesterly along this avenue to its intersection with Interstate Highway 5; then northwesterly along this highway to its intersection with San Fernando Mission Boulevard; then southwesterly along this boulevard to its intersection with Woodley Avenue; then northwesterly along this avenue to its intersection with Balboa Boulevard; then northeasterly along this avenue to the point of the beginning. That portion of the county in the North Hollywood area bounded by a line drawn as follows: Beginning at the intersection of Laurel Canyon Boulevard and Sherman Way; then easterly along this way to its intersection with Vineland Avenue; then southerly along this avenue to its intersection with Vanowen Street; then easterly along this street to its intersection with Empire Avenue; then easterly along this avenue to its intersection with Buena Vista Street; then southerly and southeasterly along this street to its intersection with Olive Avenue; then southwesterly along this avenue to its intersection with State Highway 134; then westerly along this highway to its intersection wth U.S. Highway 101; then westerly along this highway to its intersection with Laurel Canyon Boulevard; then northerly along this boulevard to the point of beginning. San Bernardino County That portion of the county bounded by a line beginning at the intersection of the Los Angeles and San Bernardino County line with the Los Angeles National Forest boundary; then east along the Los Angeles National Forest boundary to its intersection with the San Bernardino National Forest boundary; then east and south along this boundary to its intersection with Rochester Avenue; then south along this avenue to its intersection with 8th Street; then west along this street to its intersection with Miliken Avenue; then south along this avenue to its intersection with Interstate Highway 10; then west along this highway to its intersection with Holt Boulevard; then west along this boulevard to its intersection with Central Avenue; then north along this avenue to its intersection with Foothill Boulevard; then west along this boulevard to its intersection with the San Bernardino County line; then north along this county line to the point of beginning. |