301.80-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements. 301.80-2a Regulated areas; suppressive and generally infested areas. 301.80-2b Exempted articles. 301.80-3 Conditions governing the interstate movement of regulated articles from quarantined States. 301.80-4 Issuance and cancellation of certificates and permits. 301.80-5 Compliance agreements; and cancellation thereof. 301.80-6 Assembly and inspection of regulated articles. 301.80-7 Attachment and disposition of certificates or permits. 301.80-8 Inspection and disposal of regulat ed articles and pests. 301.80-9 Movement of witchweed. 301.80-10 Nonliability of the Department. Subpart-Imported Fire Ant QUARANTINE AND REGULATIONS 301.81 Quarantine and regulations; restrictions on interstate movement of regulated articles. 301.81-1 Definitions. 301.81-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements. 301.81-2a Regulated areas; suppressive and generally infested areas. 301.81-2b Exempted articles. 301.81-3 Conditions governing the inter state movement of regulated articles from quarantined States. 301.81-4 Issuance and cancellation of certificates and permits. 301.81-5 Compliance agreement, and cancellation thereof. 301.81-6 Assembly and inspection of regulated articles. 301.81-7 Attachment and disposition of certificates and permits. 301.81-8 Inspection and disposal of regulated articles and pests. 301.81-9 Movement of live imported fire ants. 301.81-10 Nonliability of the Department. 301.85-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements. 301.85-2a Regulated areas; suppressive and generally infested areas. 301.85-2b Exempted articles. 301.85-3 Conditions governing the interstate movement of regulated articles from quarantined States. 301.85-4 Issuance and cancellation of certificates and permits. 301.85-5 Compliance agreement and cancellation thereof. 301.85-6 Assembly and inspection of regulated articles. 301.85-7 Attachment and disposition of certificates and permits. 301.85-8 Inspection and disposal of regulated articles and pests. 301.85-9 Movement of live golden nematodes. 301.85-10 Nonliability of the Department. Subpart-Sugarcane Diseases QUARANTINE AND REGULATIONS 301.87 Quarantine; restrictions on interstate movement of specified articles. 301.87-1 Definitions. 301.87-2 Regulated articles. 301.87-3 Regulated areas. 301.87-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States. 301.87-5 Issuance and cancellation of certificates and limited permits. 301.87-6 Compliance agreement; cancellation. 301.87-7 Assembly and inspection of regulated articles. 301.87-8 Attachment and disposition of certificates and limited permits. 301.87-9 Costs and charges. 301.87-10 Treatments. In this subpart the following definitions apply: Administrator. The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculure. Black stem rust. The disease commonly known as the black stem rust of grains (Puccinia graminis). Certificate. A document in which an inspector, or a person operating under a compliance agreement, affirms that a specified regulated article has met the criteria in § 301.38-5(b) of this subpart and may be moved interstate to any destination. Compliance agreement. A written agreement between a state that is a protected area or that encompasses a protected area and a person who moves regulated articles interstate, or in a non-protected area between 1 Any properly identified employee of the Animal and Plant Health Inspection Service 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 10 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff). APHIS and such person, in which that person agrees to comply with this subpart. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes, and that the regulated article is eligible for interstate movement under the conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the introduction of rust-susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia into protected areas. Inspector. Any APHIS employee or other person authorized by the Administrator in accordance with law to enforce this subpart. Interstate. From any state into or through any other state. Limited permit. A document issued by an inspector to allow the interstate movement into or through a protected area of regulated articles not eligible for certification under this subpart to a specified destination outside the protected area. Moved (movement, move). Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved. "Movement" and "move" shall be construed in accordance with this definition. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Protected area. Those states or counties designated in § 301.38-3(c) of this subpart. Rust-resistant plants. All plants of the genera Berberis, Mahoberberis, and Mahonia species, and their progeny, that have proven resistant to black stem rust during testing by the United States Department of Agriculture,2 2 Testing is performed by the Agricultural Research Service of USDA as follows: In a greenhouse, the suspect plant, or test subject, is placed under a screen with a control plant, i.e., a known rust-susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected wheat stems, a primary host of black stem rust, are placed on top of the screen. and that are listed as rust-resistant under § 301.38-2 (b) and (c). Rust-susceptible plants. All plants of the genera Berberis, Mahoberberis, and Mahonia species not listed as rustresistant under § 301.38-2 (b) and (c). Regulated article. Any article listed in § 301.38-2 (a) through (d) of this subpart or otherwise designated as a regulated article in accordance with § 301.38-2(e) of this subpart. Seedling. Any plant of the genera Berberis, Mahoberberis, and Mahonia grown from seed and having less than 2 years' growth. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any state, territory or possession of the United States. Two years' growth. The growth of a plant during all growing seasons of 2 successive calendar years. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989] § 301.38-2 Regulated articles. The following are regulated articles: 3 (a) All seedlings and plants of less than 2 years' growth of the genus Berberis. (b) All plants, seeds, fruits, and other plant parts capable of propagation from the following rust-resistant Berberis species. B. aridocalida B. buxifolia nana B. candidula B. cavallieri B. chenaulti The plants are moistened and maintained in 100% humidity, causing the spores to swell and fall on the plants lying under the screen. The plants are then observed for 7 days at 20-80% relative humidity. This test procedure is repeated 12 times. If in all 12 tests, the rust-susceptible plant shows signs of infection after 7 days and the test plants do not, USDA will declare the test plant variety rust-resistant. The tests must be performed on new growth, just as the leaves are unfolding. 3 Permit and other requirements for the interstate movement of black stem rust organisms are contained in Part 330 of this chapter. B. thunbergii minor B. thunbergii pluriflora B. thunbergii "Thornless" B. thunbergii “Upright Jewell" B. thunbergii xanthocarpa B. triculosa B. verruculosa B. virgatorum B. workingensis B. xanthoxylon (c) All plants, seedlings, seeds, fruits, and other plant parts capable of propagation from the following rust-resistant Mahoberberis and Mahonia species, except Mahonia cuttings for decorative purposes: (1) Genera Mahoberberis: M. aqui-candidula M. aqui-sargentiae M. miethkeana (2) Genera Mahonia: M. amplectens M. aquifolium M. aquifolium atropurpurea M. aquifolium compacta M. aquifolium compacta "John Muir" M. aquifolium "Donewell" M. aquifolium "Kings Ransom" M. aquifolium "Orangee Flame" M. aquifolium "Winter Sun" M. "Arthur Menzies" M. bealei M. dictyota M. fortunei M. "Golden Abundance" M. japonica M. lomarifolia M. nervosa M. pinnata M. pinnata "Ken Hartman" M. piperiana M. pumila M. repens (d) All plants, seeds, fruits, and other plant parts capable of propagation from rust-susceptible species and varieties of the general Berberis, Mahoberberis, and Mahonia, and seedlings from rust-susceptible species and varieties of the genera Mahoberberis and Mahonia, except Mahonia cuttings for decorative purposes. (e) Any other product or article not listed in paragraphs (a) through (d) of this section, that an inspector determines presents a risk of spread of black stem rust. The inspector must notify the person in possession of the product or article that it is subject to the provisions of this subpart. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989] § 301.38-3 Protected areas. (a) The Administrator may designate as a protected area in paragraph (c) of this section any state that has eradicated rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia under the cooperative federal-state eradication program. In addition, the state must employ personnel with responsibility for the issuance and withdrawal of certificates in accordance with § 301.38-5, and maintain and enforce an inspection program under which every plant nursery within the state is inspected at least once each year to ensure that they are free of rust-susceptible plants. During the requisite nursery inspections, all nursery stock shall be examined to determine that it consists only of rust-resistant varieties of the genera Berberis, Mahoberberis, and Mahonia, and that the plants are true to type. Plants that do not meet this criteria must be destroyed. If a nursery within the state raises plants of the genera Berberis, Mahoberberis, and Mahonia from seed, the state must conduct a visual inspection to verify that no wild or domesticated rust-susceptible plants are growing within one-half mile of the nursery.* 4 Persons performing the inspection must be able to recognize rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia. Inspectors must work side by side, 10 to 20 feet apart, and walk outward, away from the nursery, a distance of one half mile measured from the edge of the nursery, and observe all plants growing in the half-mile band. The distance between the inspectors may vary within this range depending upon the visibility of plant growth. In areas with low brush and flat terrain, the inspectors may be the maximum distance of 20 feet apart if they can observe all plants growing within ten feet of them. In areas of high plant growth or hilly terrain, the in . (b) The Administrator may designate as a protected area any county within a state, rather than the entire state, if areas within the state have eradicated rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia under the cooperative federal-state program, and; (1) The state employs personnel with responsibility for the issuance and withdrawal of certificates in accordance with § 301.38-5; (2) The state 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, as determined by the Administrator; and (3) The state maintains and enforces an inspection program under which every plant nursery within the county is inspected at least once each year to ensure that plant nurseries within that area are free of rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia. During the requisite nursery inspections, all nursery stock shall be examined to determine that it consists only of rust-resistant varieties of the genera Berberis, Mahoberberis, and Mahonia, and that the plants are true to type. Plants that do not meet this criteria must be destroyed. If a nursery grows plants of Berberis, Mahoberberis, and Mahonia from seed, the state must conduct a visual inspection to verify that no wild or domesticated rust-susceptible plants are growing within one-half of the nursery.4 spectors must be closer together due to limited or obstructed visibility. Each inspector must observe all plants growing between themselves and the mid-point of the distance between themselves and the next inspector. This process must be repeated so that the entire band, measured from the border of the nursery to the circumference of an imaginary circle having the nursery as its mid-point, is visually inspected in this manner. |