§301.93 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 8301.93-1 Definitions. 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 or Service). Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of Oriental fruit fly and may be moved interstate to any destination. Compliance agreement. A written agreement between the Animal and Plant Health Inspection Service and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart. Core area. The 1 square mile area surrounding each property where Oriental fruit fly has been detected. Day degrees. A mathematical construct combining average temperature over time that is used to calculate the length of an Oriental 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 area. The area under the canopy of a plant. Infestation. The presence of the Oriental fruit fly or the existence of circumstances that make it reasonable to believe that the Oriental fruit fly is present. 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). 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 a specified regulated article is eligible for interstate movement in accordance with §301.93-5(b) of this subpart only to a specified destination and only in accordance with specified conditions. Moved (Move, Movement). Shipped, offered for shipment, received for transportation or transported, carried, or allowed to be moved, shipped, transported, or carried by any means. Oriental fruit fly. The insect known as Oriental fruit fly (Bactrocera dorsalis (Hendel)) in any stage of development. 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 §301.93–3(c) of this subpart. Regulated article. Any article listed in §301.93-2 of this subpart or otherwise designated as a regulated article in accordance with §301.93-2(c) of this subpart or otherwise designated as a quarantined area in accordance with §301.93-3(b) of this subpart. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory or possession of the United States. [58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993] §301.93–2 Regulated articles. The following are regulated articles: (a) The following fruits, nuts, vegetables, and berries: Akia (Wikstromeia phyllyraefolia) Alexander laurel (Calophyllum inophyllum) Apple (Malus sylvestris) Apricot (Prunus armeniaca) Avocado (Persea americana) Banana (Musa paradisiaca var. sapientum) (Musa x paradisiaca) Banana, dwarf (Musa nana) Barbados cherry (Malpighia glabra) Bell pepper (Capsicum annum) Cactus (Cereus coerulescens) Caimitillo (Chrysophyllum oliviforme) Coffee, Arabian (Coffea arabica) Country gooseberry (Averrhoa carambola) Cucumber (Cucumis sativas) Custard apple (Annona reticulata) Date palm (Phoenix dactylifera) Dragon tree (Dracena draco) Eggfruit tree (Pouteria campechiana) Elengi tree (Mimusops elengi) Fig (Ficus carica) Gourka (Garcinia celebica) Granadilla, sweet (Passiflora ligularis) Grapefruit (Citrus paradisi) Guava (Psidium guajava), (P. littorale), (P. cattleianum) Imbu (Spondias tuberosa) Jackfruit (Artocarpus heterophyllus) Jerusalem cherry (Solanum pseudocapsicum) Kitembilla (Dovyalis hebecarpa) Sandalwood (Santalum paniculatum) Sapodilla, chiku (Manilkara zapota) Star apple (Chryosophyllum cainito) Velvet apple (Diospyros discolor) Walnut, English (Juglans regia) catappa) West Indian cherry (Malpighia punicifolia) Ylang-Ylang (Cananga odorata) 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 an inspector determines presents a risk of spread of the Oriental fruit fly and notifies the person in possession of it that the product, article, or means of conveyance is subject to the restrictions of this subpart. [58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993] §301.93-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which the Oriental fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Oriental fruit fly is present, or that the Administrator considers necessary to regulate because of its proximity to the Oriental fruit fly or its inseparability for quarantine enforcement purposes from localities in which the Oriental 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 substantially the same as 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 Oriental fruit fly. give (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 quarantined areas. The Administrator will 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 will 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 Los Angeles County in the Sun Valley area bounded by a line drawn as follows: Beginning at the intersection of Van Nuys Boulevard and Interstate Highway 210; then southeast along Interstate Highway 210 to La Tuna Canyon Road; then south along an imaginary line to the intersection of Allen Avenue and Mountain Drive; then southeast along Mountain Drive to Grandview Avenue; then southwest along Grandview Avenue to San Fernando Boulevard; then southeast along San Fernando Boulevard to State Highway 134; then west along State Highway 134 to Forest Lawn Drive; then southwest along Forest Lawn Drive to Barham Boulevard; then south along Barham Boulevard to Interstate Highway 101; then southeast along Interstate Highway 101 to Mulholland Drive; then west along Mulholland Drive to Coldwater Canyon Avenue; then north along Coldwater Canyon Avenue to Ventura Boulevard; then northwest along Ventura Boulevard to Van Nuys Boulevard; then north and northeast along Van Nuys Boulevard to the point of beginning. [58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995; 62 FR 45142, Aug. 26, 1997; 62 FR 47552, Sept. 10, 1997; 62 FR 53225, Oct. 14, 1997; 63 FR 16878, Apr. 7, 1998; 64 FR 31964, June 15, 1999; 64 FR 52214, Sept. 28, 1999; 64 FR 55812, Oct. 15, 1999] §301.93-4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: 2 (a) With a certificate or limited permit issued and attached in accordance with §§ 301.93-5 and 301.93-8 of this subpart; (b) Without a certificate or limited permit, if: (1) The regulated article originated outside of any quarantined area and is moved directly 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 enclosed by a covering adequate to prevent access by Oriental fruit flies (such as canvas, plastic, or closely woven cloth) while moving through the quarantined area; and (2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area. 2 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. (c) Without a certificate or limited permit, if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or scientific purposes; (2) Pursuant to a permit issued by the Administrator for the regulated article; (3) Under conditions specified on the permit and found by the Administrator to be adequate to prevent the spread of Oriental fruit fly; and (4) With a tag or label bearing the number of the permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container. (Approved by the Office of Management and Budget under control number 0579-0088) §301.93-5 Issuance and cancellation of certificates and limited permits. (a) An inspector3 will issue a certificate for the interstate movement of a regulated article if the inspector determines that: (1) (i) The regulated article has been treated in accordance with § 301.93-10 of this subpart; or (ii) Based on inspection of the premises of origin, or treatment of the premises of origin in accordance with §301.93-10(c) of this subpart, the premises are free from Oriental fruit flies and the regulated article has not been exposed to Oriental fruit fly; or (iii) Based on inspection of the regulated article, it is free of Oriental fruit fly; and (2) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose, under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd); 4 to prevent the spread of the Oriental fruit fly; and 3 Inspectors are assigned to local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories. Information concerning these offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. 4 Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) provides that the Secretary (3) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (b) An inspector will issue a limited permit for the interstate movement of a regulated article if the inspector determines that: (1) The regulated article is to be moved interstate to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the Oriental fruit fly because life stages of the Oriental fruit fly will be destroyed by the specified handling, utilization, or processing. (2) The regulated article is to be moved interstate in compliance with any additional emergency conditions the Administrator may impose, under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd); to prevent the spread of the Oriental fruit fly; and (3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) Certificates and limited permits for use for interstate movement of regulated articles may be issued by an inspector or person engaged in growing, handling, or moving regulated articles provided the person is operating under a compliance agreement. A person operating under a compliance agreement may execute a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is otherwise eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may execute a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section. of Agriculture may-under certain conditions-seize, quarantine, treat, destroy, or apply other remedial measures to articles that the Administrator has reason to believe are infested or infected by or contain plant pests. (d) Any certificate or limited permit that has been issued may be withdrawn by an inspector orally or in writing, if the inspector determines that the holder of the certificate or limited permit has not complied with all conditions under this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. 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. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0088) [58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994] §301.93-6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the interstate movement of regulated articles under this subpart.5 (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and 5 Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, and from local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories. the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing shall be adopted by the Administrator. [58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994] §301.93-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or limited permits under §301.93-5(c)), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector6 as far in advance of the desired interstate movement as possible (but no less than 48 hours before the desired interstate movement). (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. §301.93-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during the interstate movement, must be attached to the outside of the container containing the regulated article, attached to the regulated article itself if not in a container, or attached to the consignee's copy of the accompanying waybill: Provided however, That the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill only if the regulated article is 6 See footnote 3 at §301.93-5(a). |