Mahonia spp. (mahonia) destined All to an eradication State listed in §301.38-2(a) of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with §301.38-1 of this chapter).

All All

A diversity of diseases including but not limited to those listed for Malus in §319.375(b)(1).

All except North and South America (excluding Barbados, Cryptorhynchus mangiferae F. (mango weevil). Dominica, French Guiana, Guadeloupe, Martinique, and St. Lucia). All except Canada

A diversity of diseases, insects, and other pests including but not limited to:
Mononychellus tanajoa (Bondar) (cassava mite); Phenococcus manihotis Matile-
Ferrero (cassava mealybug); Xanthomonas manihotis (Arthand-Berthet) Starr (Bac-
terial blight); Cassava brown streak virus; Cassava latent virus; Cassava African mo-
saic virus; Cassava common mosaic virus.

A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-
cadang disease.
Mulberry dwarf or mulberry mosaic diseases.

A diversity of diseases including but not limited to: Lethal yellowing disease; Cadangcadang disease.

A diversity of diseases including but not limited to: lethal yellowing disease; cadangcadang disease.

Heilipus lauri Boh. (Avocado weevil); Stenoma catenifer Wals. (Avocado seed moth); Conotrachelus spp.

Elm mottle virus.

A diversity of diseases including but not limited to: Lethal yellowing disease; Cadangcadang disease.

Chrysomyxa ledi (Alb. & Schw.) d By var. rhododendri (DC) Savile. (Rhododendronspruce needle rust).

Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Douglas fir canker).

Cronartium flaccidium (Alb. & Schw.) Wint. (Rust causing serious stunting of hard pines.)

A wide diversity of plant diseases, including but not limited to: banana streak virus, barley yellow mosaic virus, barley yellow striate mosaic virus, brome streak mosaic virus, cereal chlorotic mosaic virus, cocksfoot mild mosaic virus, corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle virus, Echinochloa ragged stunt virus, European aster yellows MLO, European wheat striate mosaic virus, Iranian maize mosaic virus, maize bushy stunt MLO, maize chlorotic mottle virus, maize mosaic virus, maize mottle/chlorotic stunt virus, maize rough dwarf virus, maize streak virus, maize stripe virus, northern cereal mosaic virus, oat red streak mosaic virus, oat sterile dwarf virus, rice dwarf virus, rice gall dwarf virus, rice tungro virus, rice wilted stunt virus, rice yellow mottle virus, rice yellow dwarf agent, yellow dwarf agent, sugarcane white leaf MLO, wheat yellow leaf virus, and wheat yellowing stripe bacterium.

Xanthomonas populi Ride (Canker).

prune) not meeting the condi

tions for importation in
§319.37-5(b).

Prunus spp. seed only (almond, All
apricot, nectarine, peach, plum,
and prune, but not species in
subgenus Cerasus) not meeting
the conditions for importation in
§319.37-5(j).
Pseudolarix spp. (golden larch)

....

Pseudotsuga spp. (Douglas fir) Pyrus spp. (pear) not meeting the conditions for importation in §319.37-5(b).

Plum

pox (Sharka) virus.

Provinces of New Brunswick and Nova Scotia in Canada, Eu- Lachnellula willkommii (Harteg) Dennis (European larch canker). rope, and Japan.

....

Europe All

Quercus spp. (oak)

Japan All

Andean potato latent virus; Andean potato mottle virus; potato mop top virus; dulcamara mottle virus; tomato blackring virus; tobacco rattle virus; potato virus Y (tobacco veinal necrosis strain); potato purple top wilt agent; potato marginal flavescence agent; potato purple top roll agent; potato witches broom agent; stolbur agent; parastolbur agent; potato leaflet stunt agent; potato spindle tuber viroid; arracacha virus B; potato yellowing virus.

Andean potato latent virus, potato virus T, tobacco ringspot virus (Andean potato calico strain); arracacha virus B; potato yellowing virus.

Mountain ash variegation or ringspot mosaic disease. Elm mottle virus.

A diversity of diseases and pests including but not limited to: cocoa swollen shoot virus,
cocoa mottle leaf virus, cocoa yellow mosaic virus, cocoa necrosis virus, Crinipellis
perniciosa (Stahel) Singer (witches broom fungus), Monilia roreri-Moniliophthora
rorei (CIF.) H.C. Evans et al. (watery pod rot), cocoa isolates of Ceratocystis fimbriata
Ellis and Halst (wilts), Trachysphaera fructigena Tabor and Bunting (mealy pod
agents of cushy gall disease), Oncobasidum theobromae Talbot and Keane (vascular
streak die-back), Xyleborus spp. beetles and Acrocercops cramella (Snellen) (cocoa
moth).

A diversity of diseases including but not limited to: Lethal yellowing disease; Cadangcadang disease.

(b) The following listed articles from all foreign places except Canada 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:

(1) Rhododendron spp. (rhododendron and azalea) or other genera or species of similar slow growth habit, other than artificially dwarfed trees or shrubs:

(i) Exceeding 3 years of age if grown from seeds or cuttings; or

(ii) Exceeding 2 years of age after severance from the parent plant if produced by layers; or

(iii) Having more than 3 years' growth from the bud or graft if produced by budding or grafting.

(2) Any naturally dwarf or miniature form of tree or shrub exceeding 305 millimeters (approximately 12 inches) in length from the soil line.

(except

(3) Herbaceous perennials epiphytes) imported in the form of root crowns or clumps exceeding 102 millimeters (approximately 4 inches) in diameter.

(4) Stem cuttings without leaves, without roots, without sprouts, and without branches (other than cactus cuttings and cuttings of epiphytes) exceeding 102 millimeters (approximately 4 inches) in diameter or exceeding 1.83 meters (approximately 6 feet) in length; and stem cuttings of epiphytes with or without aerial roots (without leaves, without sprouts, and without branches) exceeding 102 millimeters (approximately 4 inches) in diameter or exceeding 1.83 meters (approximately 6 feet) in length.

(5) Cactus cuttings (without roots or branches) exceeding 153 millimeters (approximately 6 inches) in diameter or exceeding 1.22 meters (approximately 4 feet) in length.

(6)(i) Plants (other than stem cuttings, cactus cuttings, artificially dwarfed plants such as bonsai, and palms and plants whose growth habits simulate palms) exceeding 460 millimeters (approximately 18 inches) in length from soil line (top of rooting zone for plants produced by air layering) to the farthest terminal growing point and whose growth habits simulate the woody habits of trees and

shrubs, including but not limited to cacti, cycads, yuccas, and dracaenas.

(ii) Palms and plants whose growth habits simulate palms, that exceed a total length (stem plus leaves) of 915 millimeters (approximately 36 inches) in length.

(7) Any tree or shrub of a type not listed above, other than an artificially dwarf tree or shrub, and:

(i) Exceeding 2 years of age if grown from seeds or cuttings; or

(ii) Exceeding 1 year of age after severance from the parent plant if produced by layers; or

(iii) Having more than 2 years' growth from the bud or graft if produced by budding or grafting.

(c) Any article listed as a prohibited article in paragraph (a) or (b) of this section may be imported or offered for entry into the United States if:

(1) Imported by the United States Department of Agriculture for experimental or scientific purposes;

(2) Imported at the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Research Center East, Beltsville, MD 20705 or at a port of entry designated by an asterisk in § 319.37-14(b);

(3) Imported pursuant to a Departmental permit issued for such article and kept on file at the port of entry;

(4) Imported under conditions specified on the Departmental permit and found by the Deputy Administrator to be adequate to prevent the introduction into the United States of plant pests, i.e., conditions of treatment, processing, growing, shipment, disposal; and

(5) Imported 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, and with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article.

[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 56 FR 19790, Apr. 30, 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147, 43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 FR 44610, Aug. 30, 1994; 60 FR 8924, Feb. 16, 1995; 62 FR 50238, Sept. 25, 1997; 63 FR 13485, Mar. 20, 1998]

$319.37-3 Permits.

(a) The restricted articles (other than articles for food, analytical, medicinal, or manufacturing purposes) in any of the following categories may be imported or offered for importation into the United States only after issuance of a written permit by the Plant Protection and Quarantine Programs:

(1) Articles subject to treatment and other requirements of § 319.37-6;

(2) Articles subject to the postentry quarantine conditions of § 319.37-7;

(3) Bulbs of Allium sativum spp. (garlic), Crocosmia spp. (montebretia), Gladiolus spp. (gladiolus), and Watsonia spp. (bugle lily) from New Zealand;

(4) Articles of Cocos nucifera (coconut); and articles (except seeds) of Dianthus spp. (carnation, sweet-william) from any country or locality except Canada;

(5) Lots of 13 or more articles (other than seeds, bulbs, or sterile cultures of orchid plants) from any country or locality except Canada;

(6) Seeds of trees or shrubs from any country or locality except Canada;

(7) Articles (except seeds) of Malus spp. (apple, crabapple), Pyrus spp. (pear), Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune), Cydonia spp. (quince), Chaenomeles spp. (flowering quince), and Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry), from Canada;

(8) Articles (except seeds) of Castanea spp. (chestnut) or Castanopsis spp. (chinquapin) destined to California or Oregon;

(9) Articles (except seeds) of Pinus spp. (pine), (5-leaved) destined to Wisconsin;

(10) Articles of Ribes spp. (currant, gooseberry), (including seeds) destined to Massachusetts, New York, West Virginia, or Wisconsin;

(11) Articles (except seeds) of Planera spp. (water elm, planer) or Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to California, Nevada, or Oregon;

(12) Seeds of Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) from Canada and destined to Colorado,

Michigan, New York, Washington, or West Virginia;

(13) Articles (except seeds) of Vitis spp. (grape) from Canada and destined to California, New York, Ohio, Oregon, and Washington;

(14) Articles (except seeds) of Corylus spp. (filbert, hazel, hazelnut, cobnut) from provinces east of Manitoba in Canada and destined to Oregon or Washington;

(15) Articles (except seeds) of Pinus spp. (pine) from Canada and destined to California, Idaho, Montana, Oregon, or Utah; and

(16) Articles (except seeds) of Ulmus spp. (elm) from Canada and destined to California, Nevada, or Oregon.

(17) Solanum tuberosum true seed from New Zealand and the X Region of Chile (that area of Chile between 39° and 44° South latitude-see §319.37-5(0)).

(b) An application for a written permit should be submitted to the Plant Protection and Quarantine Programs (Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236) at least 30 days prior to arrival of the article at the port of entry. The completed application shall include the following information: 4

(1) Name, address, and telephone number of the importer;

(2) Approximate quantity and kinds (botanical designations) of articles intended to be imported;

(3) Country(ies) or locality(ies) where grown;

(4) Intended United States port of entry;

(5) Means of transportation, e.g., mail, airmail, express, air express, freight, airfreight, or baggage; and

(6) Expected date of arrival.

(c) After receipt and review of the application by Plant Protection and Quarantine Programs, a written permit indicating the applicable conditions for importation under this subpart shall be

4 Application forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236, local offices which are listed in telephone directories.