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aurantium L., C. hystrix DC., C. limon (L.) Burm. f., C. paradisi Macf., C. reticulata Blanco, and C. sinensis (L.) Osbeck; and Fortunella margarita (Lour.) Swingle, from Argentina, Brazil, Paraguay, and Uruguay, is prohibited; and (3) that in order to prevent the introduction into the United States of the bacterial disease known “Cancrosis B” the importation into the United States of fruits and peel of all species and varieties of the genus Citrus, including among others Citrus aurantifolia (Christm.) Swingle, C. aurantium L., C. limon (L.) Burm. f., C. medica L., and C. sinensis (L.) Osbeck, from Argentina, Paraguay, and Uruguay, is prohibited: Provided, That seeds and processed peel of fruits designated herein are excluded from the provisions of this quarantine. Such seeds, however, are subject to the requirements of the Nursery Stock, Plant and Seed Quarantine No. 37 (88 319.37 to 319.37-27).

(b) The prohibition does not apply to Unshu oranges (Citrus reticulata Blanco

unshu, Swingle (Citrus unshiu Marcovitch, Tanaka]), also known as Satsuma, grown in Japan or on Cheju Island, Republic of Korea, and imported under permit into any area of the United States except for American Samoa, Arizona, California, Florida, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the United States: Provided, that each of the following safeguards is fully carried out:

(1) The Unshu oranges must be grown and packed in isolated, canker-free export areas established by the plant protection service of the country of origin. Only Unshu orange trees may be grown in these areas, which must be kept free of all citrus other than the propagative material of Unshu oranges. The export areas must be inspected and found free of citrus canker and prohibited plant material by qualified plant protection officers of both the country of origin and the United States. The export areas must be surrounded by 400-meterwide buffer zones. The buffer zones must be kept free of all citrus other than the following 10 varieties: Buntan Hirado (Citrus grandis); Buntan Vietnam (C. grandis); Hassaku (C. hassaku); Hyuganatsu (C. tamurana); Kinkan

(Fortunella spp. non Fortunella hindsii); Kiyomi tangor (hybrid); Orange Hyuga (C. tamurana); Ponkan (C. reticulata); Unshu (C. unshiu Marcovitch, Tanaka [Citrus reticulata Blanco var. unshu, Swingle]); and Yuzu (C. junos). The buffer zones must be inspected and found free of citrus canker and prohibited plant material by qualified plant protection officers of both the country of origin and the United States.

(2) Inspection of the Unshu oranges shall be performed jointly by plant protection officers of the country of origin and the United States in the groves prior to and during harvest, and in the packinghouses during packing operations.

(3) Before packing, such oranges shall be given a surface sterilization as prescribed by the U.S. Department of Agriculture.

(4) The identity of the fruit shall be maintained in the following manner:

(i) On its tissue paper wrapping, and on the individual box in which such oranges are shipped, there is to be stamped or printed a statement specifying the States into which the Unshu oranges may be imported, and from which they are prohibited removal under a Federal plant quarantine.

(ii) Each shipment of oranges handled in accordance with these procedures shall be accompanied by a certificate of the plant protection service of the country of origin certifying that the fruit is apparently free of citrus canker disease.

(5) [Reserved]

(6) The Unshu oranges may be imported into the United States only through a port of entry listed in $ 319.37–14 of this part, except that the importation is prohibited through ports of entry located in American Samoa, Arizona, California, Florida, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the United States.

(c) This prohibition shall not apply to importations for experimental or scientific purposes by the U.S. Department of Agriculture upon such conditions and under such requirements as may be prescribed in permits that may be issued by the Deputy Administrator of the Plant Protection and Quarantine Programs for such importations.

(d) Further, this prohibition shall not the Deputy Administrator to enforce apply to importations into Guam of the the regulations in this subpart. fruits and peel designated in paragraph

(32 FR 7959, June 2, 1967, as amended at 36 FR (a)(1) of this section.

24917, Dec. 24, 1971; 37 FR 7481, Apr. 15, 1972; (e) Importations allowed in para

37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, graphs (b), (c), and (d) of this section 1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, shall be subject to the permit and Dec. 16, 1988; 59 FR 13183, Mar. 21, 1994; 60 FR other requirements under the Fruits 39103, 39104, Aug. 1, 1995) and Vegetables Quarantine (8319.56).

(f) All salary, travel, and subsistence Subpart-Nursery Stock, Plants, expenses incident to the assignment of Roots, Bulbs, Seeds, and Other personnel of the U.S. Department of Plant Products 1, 2 Agriculture to such operations in the country of origin of the Unshu oranges

SOURCE: 45 FR 31585, May 13, 1980, as shall be paid by those requesting the

amended at 60 FR 27674, May 25, 1995. service of such personnel.

(g) The term United States means the 8319.37 Prohibitions and restrictions States, District of Columbia, American on importation; disposal of articles Samoa, Guam, the Northern Mariana refused importation. Islands, Puerto Rico, and the Virgin Is

(a) No person shall import or offer for lands of the United States.

entry into the United States any pro(h) Any permit that has been issued

hibited article, except as otherwise for the importation of Unshu oranges provided in 319.37–2(c) of this subpart. may be withdrawn by an inspector

No person shall import or offer for orally or in writing, if he or she deter

entry into the United States any remines that the holder of the permit has stricted article except in accordance not complied with any of the condi

with this subpart. tions in the regulations. The holder of

(b) The importer of any article denied the permit shall be informed orally or

entry for noncompliance with this subin writing of the reasons for the with

part must, at the importer's expense drawal. If the withdrawal is oral, the

and within the time specified in an decision and the reasons for the with

emergency action notification (PPQ drawal will be confirmed in writing as

Form 523), destroy, ship to a point outpromptly as circumstances allow. Any

side the United States, or apply treatperson whose permit has been with

ments or other safeguards to the artidrawn may appeal the decision in writ

cle, as prescribed by an inspector to ing to the Deputy Administrator with

prevent the introduction into the in ten (10) days after receiving the written notification of the withdrawal.

1 The Plant Protection and Quarantine The appeal must state all of the facts

Programs also enforces regulations promuland reasons upon which the person re

gated under the Endangered Species Act of lies to show that the permit was 1973 (Pub. L. 93–205, as amended) which conwrongfully withdrawn. As promptly as tain additional prohibitions and restrictions circumstances allow, the Deputy Ad

on importation into the United States of arministrator will grant or deny the ap

ticles subject to this subpart (See 50 CFR peal, in writing, stating the reasons for

parts 17 and 23).

2 One or more common names of articles the decision. A hearing will be held to

are given in parentheses after most scientific resolve any conflict as to any material

names (when common names are known) for fact. Rules of practice concerning a the purpose of helping to identify the artihearing will be adopted by the Deputy cles represented by such scientific names; Administrator.

however, unless otherwise specified, a ref(i) The term inspector means any em

erence to a scientific name includes all arti

cles within the category represented by the ployee of Plant Protection and Quar

scientific name regardless of whether the antine, Animal and Plant Health In

common name or names are as comprehenspection Service, who is authorized by sive in scope as the scientific name.

United States of plant pests. In choosing which action to order and in setting the time limit for the action, the inspector shall consider the degree of pest risk presented by the plant pest associated with the article, whether the article is a host of the pest, the types of other host materials for the pest in or near the port, the climate and season at the port in relation to the pest's survival range, and the availability of treatment facilities for the article.

(c) No person shall remove any restricted article from the port of first arrival unless and until a written notice is given to the collector of customs by the inspector that the restricted article has satisfied all requirements under this subpart. [57 FR 43144, Sept. 18, 1992)

8319.37–1 Definitions.

Terms used in the singular form in this subpart shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:

Bulbs. The portion of a plant commonly known as a bulb, bulbil, bulblet, corm, cormel, rhizome, tuber, or pip, and including fleshy roots or other underground fleshy growths, a unit of which produces an individual plant.

Clean well water. Well water that does not contain plant pathogens or other plant pests.

Deputy Administrator. The Deputy Administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture for the Plant Protection and Quarantine Programs, or any other officer or employee of the Department to whom authority to act in his/her stead has been or may hereafter be delegated.

Disease. The term in addition to its common meaning, includes a disease agent which incites a disease.

Earth. The softer matter composing part of the surface of the globe, in distinction from the firm rock, and including the soil and subsoil, as well as finely divided rock and other soil formation materials down to the rock layer.

Europe. The continent of Europe, the British Isles, Iceland, the Azores, and the islands in the Mediterranean Sea.

From. An article is considered to be "from" any country or locality in which it was grown. Provided, That an article imported into Canada from another country or locality shall be considered as being solely from Canada if it meets the following conditions:

(a) It is imported into the United States directly from Canada after having been grown for at least 1 year in Canada,

(b) It has never been grown in a country from which it would be a prohibited article or grown in a country other than Canada from which it would be subject to conditions of $319.37–5 (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), or (m) of this subpart, or subject to conditions of 8319.37–6 of this subpart,

(c) It was not grown in a country or locality from which it would be subject to conditions of $319.37–7 of this subpart unless it was grown in Canada under postentry growing conditions equivalent to those specified in $319.37– 73 of this subpart, and

(d) It was not imported into Canada in growing media.

Indexing. A procedure for using plant material or its extracts to determine the presence or absence of one or more pests in or on the tested plant material. For the purposes of this subpart, indexing is performed in foreign countries to test the parent stock of designated articles that must meet special foreign inspection and certification requirements in accordance with $319.37– 5 to be eligible for importation into the United States. The results of indexing tests are used by the plant protection services of foreign countries to issue phytosanitary certificates declaring plant articles free of specified diseases. The following indexing procedures are authorized for use with the specified plant genera, if the procedures are performed using protocols acceptable to

3 Currently only Chaenomoles spp. (flowering quince), Cydonia spp. (quince), Malus spp. (apple, crabapple); Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) and Pyrus spp. (pear) are required under the laws of Canada to be grown in Canada under such equivalent conditions after importation.

on

or

or

the plant protection service that issues phytosanitary certificates based them: mechanical transmission of the pest to an indicator plant for Dianthus, Malus, Prunus, Rubus, and Syringa; graft transmission of the pest to an indicator plant for Chaenomeles, Cydonia, Malus, Prunus, Pyrus, Rubus, and Syringa; serology for Dianthus, Malus, Prunus, Pyrus, Rubus, and Syringa; electron microscopy for Dianthus and Prunus, and nucleic acid probes for Chaenomeles, Cydonia, Malus, and Pyrus.

Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the regulations in this subpart.

Nursery stock. All field-grown florist's stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots.

Oceania. The islands of Micronesia, Melanesia, and Polynesia (except Hawaii, Guam, and the Northern Mariana Islands) in the central and southern Pacific Ocean.

Person. An individual, corporation, company, society, or association.

Phytosanitary certificate of inspection. A document relating to a restricted article, which is issued by a plant protection official of the country in which the restricted article was grown, which is issued not more than 15 days prior to shipment of the restricted article from the country in which grown, which is addressed to the plant protection service of the United States (Plant Protection and Quarantine Programs), which contains a description of the restricted article intended to be imported into the United States, which certifies that the article has been thoroughly inspected, is believed to be free from injurious plant diseases, injurious insect pests, and other plant pests, and is otherwise believed to be eligible for importation pursuant

the current phytosanitary laws and regulations of

the United States, and which contains any specific additional declarations required under this subpart.

Plant pest. The egg, pupal, and larval stages as well as any other living stage of: Any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure

cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.

Plant Protection and Quarantine Programs. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Quarantine Act, the Federal Plant Pest Act, and related laws, and regulations promulgated thereunder.

Port of first arrival. The land area (such as a seaport, airport, or land border station) where a person, or a land, water, or air vehicle, first arrives after entering the territory of the United States, and where inspection of articles is carried out by inspectors.

Potable water. Water which is approved for drinking purposes by the national or local health authority having jurisdiction.

Prohibited article. Any nursery stock, plant, root, bulb, seed, or other plant product designated in 8319.37—2 (a) or (b), except wood articles regulated under 88 319.40-1 through 319.40-11, “Subpart-Logs, Lumber, and Other Unmanufactured Wood Articles.”

Restricted article. Any class of nursery stock or other class of plant, root, bulb, seed, or other plant product, for or capable of propagation, excluding any prohibited articles listed in $319.37-2 (a) or (b) of this subpart, excluding any articles subject to any restricted entry orders in 7 CFR part 321 (i.e., potatoes), and excluding any articles regulated in 7 CFR 319.8 through 319.24 or 319.41 through 319.74–7.

Secretary. The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in

to

volving operations of the State plant protection agency.

United States. The States, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.

his/her stead has been or may hereafter be delegated.

Soil. The loose surface material of the earth in which plants, trees, and shrubs grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts.

Solanum spp. true seed. Seed produced by flowers of Solanum capable of germinating and producing new Solanum plants, as distinguished from Solanum tubers, whole or cut, that are referred to as Solanum seeds or seed potatoes.

Spp. (species). All species, clones, cultivars, strains, varieties, and hybrids, of a genus.

State Plant Regulatory Official. The official authorized by the State to sign agreements with Federal agencies in

(45 FR 31585, May 13, 1980 as amended at 50 FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR 27674, May 25, 1995; 63 FR 13484, Mar. 20, 1998]

8319.37—2 Prohibited articles.

(a) The following listed articles from the designated countries and localities are prohibited articles and are prohibited from being imported or offered for entry into the United States except as provided in $319.37–2(c) of this subpart.

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