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(m) Regulated articles. Any articles supplemental regulation, may divide described in 8301.52(b).

any regulated area into a suppressive (n) Restricted destination permit. A area and a generally infested area in document issued or authorized to be accordance with the definitions thereof issued by an inspector to allow the in 8 301.52–1. Less than an entire quarinterstate movement of regulated arti- antined State, territory, or district cles not certified under all applicable will be designated as a regulated area Federal domestic plant quarantines to only if the Deputy Administrator is of a specified destination for other than the opinion that: scientific purposes.

(1) The State, territory, or district (0) Scientific permit. A document has adopted and is enforcing a quarissued by the Deputy Administrator to antine or regulations which imposes reallow the interstate movement to a strictions on the intrastate movement specified destination of regulated arti- of the regulated articles which are subcles for scientific purposes.

stantially the same as those which are (p) Suppressive area. That part of a imposed with respect to the interstate regulated area where eradication of in

movement of such articles under this festation is undertaken as an objective,

subpart; and as designated by the Deputy Adminis

(2) The designation of less than the trator under $ 301.52–2(a).

entire State, territory, or district, as a (q) Treatment manual. The provisions

regulated area will otherwise be adecurrently contained in the “Plant Pro

quate to prevent the interstate spread tection and Quarantine Treatment

of the pink bollworm. Manual” and any amendments thereto. 2

(32 FR 16385, Nov. 30, 1967, as amended at 52

FR 26943, July 17, 1987) (32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 8301.52–2a Regulated areas; suppres1971; 37 FR 10554, May 25, 1972; 52 FR 26943, sive and generally infested areas. July 17, 1987]

The civil divisions and part of civil 8301.52–2 Authorization for Deputy

divisions described below are desAdministrator to list regulated ignated as pink bollworm regulated areas and suppressive or generally areas within the meaning of the proviinfested areas.

sions of this subpart; and such reguThe Deputy Administrator shall pub

lated areas are hereby divided into genlish and amend from time to time as

erally infested areas or suppressive the facts warrant, the following lists:

areas as indicated below. (a) List of regulated areas and suppres

ARIZONA sive or generally infested areas. The Deputy Administrator shall list as regu

(1) Generally infested area. Entire State.

(2) Suppressive area. None. lated areas in a supplemental regulation designated as $ 301.52–2a, the quar

ARKANSAS antined States, territories, or districts,

(1) Generally infested area. None. or portions thereof, in which pink

(2) Suppressive area. bollworm has been found or in which

Poinsett County. T. 12N., R 5E.; Sections 22, there is reason to believe that pink 23, 24, 25, 26, 27, 34, 35, and 36. bollworm is present, or which it is

CALIFORNIA deemed necessary to regulate because of their proximity to infestation or (1) Generally infested area. their inseparability for quarantine en

Imperial County. The entire county. forcement purposes from infested local

Inyo County. The entire county.

Los Angeles County. The entire county. ities. The Deputy Administrator, in the

Orange County. The entire county.

Riverside County. The entire county. 2 A pamphlet containing such provisions is San Bernardino County. The entire county. available, upon request, from the Deputy Ad- San Diego County. The entire county. ministrator, Plant Protection and Quar- (2) Suppressive area. antine Programs, Animal and Plant Health Fresno County. The entire county. Inspection Service, U.S. Department of Agri- Kern County. The entire county. culture, Washington, DC 20250, or from an in- Kings County. The entire county. spector.

Madera County. The entire county.

Merced County. The entire county.
San Benito County. The entire county.
Tulare County. The entire county.

NEW MEXICO

(1) Generally infested area. Entire State. (2) Suppressive area. None.

OKLAHOMA (1) Generally infested area. Entire State. (2) Suppressive area. None.

(4) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or

(c) From any area outside the regulated areas, without a certificate or permit if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. (32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987)

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(3) Between any noncontiguous suppressive areas; or

(4) Between contiguous suppressive areas when it is determined by the inspector that the regulated articles present a hazard of the spread of the pink bollworm and the person in possession thereof has been so notified; or

(b) From any regulated area, without certificate or permit if moved;

(1) From a generally infested area to a contiguous generally infested area; or

(2) From a suppressive area to a contiguous generally infested area; or

(3) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the pink bollworm exists; or

8301.52-4 Issuance and cancellation of

certificates and permits. (a) Certificates may be issued for any regulated articles by any inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and:

(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or

(2) Upon examination, have been found to be free of infestation; or

(3) Have been treated to destroy infestation in accordance with the treatment manual; or

(4) Have been grown, produced, manufactured, stored, or handled in such manner that no infestation would be transmitted thereby.

(b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles, not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the treatment manual, when upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of the pink bollworm and requirements of other applicable Federal domestic plant quarantines have been met.

(c) Restricted destination permits may be issued by an inspector to allow

3 Requirements under all other applicable Federal domestic plant quarantines must also be met.

8301.52–5 Compliance agreements; and

cancellation thereof. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector.

(b) Any compliance agreement may be cancelled by the inspector who is supervising its enforcement whenever he finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement.

the interstate movement of regulated articles to any destination permitted under all applicable Federal domestic plant quarantines (for other than scientific purposes) if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart.

(d) Scientific permits may be issued by the Deputy Administrator to allow the interstate movement of regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the Deputy Administrator.

(e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subsequent shipments provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may use the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has made one of the determination specified in paragraph (a) of this section with respect to such articles. Any such person may use the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specific destinations authorized by the inspector in accordance with paragraph (b) of this section. Any such person may use the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section.

(f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector if he determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart.

8301.52–6 Assembly and inspection of

regulated articles. Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under $301.524(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection.

g301.52–7 Attachment and disposition

of certificates or permits. (a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required.

(b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.

8301.52–8 Inspection and disposal of

regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and pink bollworms as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Plant Pest Act (7 U.S.C. 150dd), in accordance with instructions issued by the Deputy Administrator.

8 301.52-9 Movement of live pink

bollworms. Regulations requiring a permit for, and otherwise governing the movement of live pink bollworms in interstate or foreign commerce are contained in the Federal Plant Pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator.

prevent the artificial spread of the Mexican fruit fly, a dangerous plant pest not heretofore widely prevalent or distributed within and throughout the United States; and hereby establishes regulations governing the interstate movement of regulated articles specified in 8 301.64–2.

(b) Restrictions on interstate movement of regulated articles. No common carrier or other person shall move from any regulated area any regulated article interstate into or through American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the United States, except in accordance with the conditions prescribed in this subpart. [48 FR 54580, Dec. 6, 1983, as amended at 49 FR 33992, Aug. 28, 1984; 50 FR 14087, Apr. 10, 1985; 55 FR 27181, July 2, 1990; 55 FR 47738, Nov. 15, 1990; 57 FR 521, Jan. 7, 1992; 58 FR 219, Jan. 5, 1993; 58 FR 64103, Dec. 9, 1993; 59 FR 51840, Oct. 13, 1994; 61 FR 2392, Jan. 26, 1996; 62 FR 44202, Aug. 20, 1997; 62 FR 61214, Nov. 17, 1997; 64 FR 40282, July 26, 1999)

8 301.52–10 Nonliability of the Depart

ment. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.

Subpart-Mexican Fruit Fly Quarantine and Regulations

SOURCE: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.

g301.64 Quarantine and regulations;

8301.64–1 Definitions.

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

Certificate. A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with 8 301.64–5(c).

Compliance agreement. A written agreement between Plant Protection and Quarantine and a person engaged in the business of growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant thereto.

Core area. The 1 square mile area surrounding each property where Mexican fruit fly has been detected.

Day degrees. A mathematical construct combining average temperature over time that is used to calculate the length of a Mexican fruit fly life cycle.

restrictions on interstate movement

of regulated articles.1,2 (a) Quarantine and regulations. The Secretary of Agriculture hereby quarantines the State of Texas in order to

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).

2 Regulations concerning the movement live Mexican fruit flies in interstate or foreign commerce are contained in part 330 of this chapter.

otherwise designated as a regulated area in accordance with 8 301.64–3(b).

Regulated article. Any article listed in 8 301.64–2 of otherwise designated as a regulated article in accordance with $ 301.64-2(c).

State. Each of the several States of the United States, the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States and all other territories and possessions of the United States.

[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 521, Jan. 7, 1992]

8301.64–2 Regulated articles.

(a) The following fruits are regulated articles:

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

Infestation. The presence of the Mexican fruit fly or the existence of circumstances that make it reasonable to believe that the Mexican fruit fly is present.

Inspector. Any employee of Plant Protection and Quarantine, 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 quarantines and regulations in this subpart.

Interstate. From any State into or through any other State.

Limited permit. A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such regulated article is eligible for interstate movement in accordance with 8301.64-5(b).

Mexican fruit fly. The insect known as Mexican fruit fly (Anastrepha ludens (Loew)) in any stage of development.

Moved (movement, move). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. “Movement” and “move" shall be construed accordingly.

Person. Any individual, partnership, corporation, company, society, association, or other organized group.

Plant Protection and Quarantine. 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 legislation, and quarantines and regulations promulgated thereunder.

Regulated area. Any State, or any portion thereof, listed in § 301.64–3(c) or

Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Calamondin orange (X citrofortunella mitis)
Cherimoya (Annona cherimola)
Citrus citron (Citrus medica)
Custard apple (Annona reticulata)
Grapefruit (Citrus paradisi)
Guava (Pisdium guajava)
Japanese plum (Prunus salicina)
Lemon (Citrus limon) except Eureka, Lisbon,

and Villa Franca cultivars (smooth

skinned sour lemon) Lime (Citrus aurantiifolia) except sour limes Mamey (Mammea americana) Mandarin orange (tangerine) (Citrus

reticulata) Mango (Mangifera indica) Nectarine (Prunus persica) Peach (Prunus persica) Pear (Pyrus communis) Plum (Prunus americana) Pomegranate (Punica granatum) Prune, Plum (Prunus domestica) Plummelo (Shaddock) (Citrus maxima) Quince (Cydonia oblonga) Rose apple (Syzygium jambos (Eugenia

jambos)) Sour orange (Citrus aurantium) Sapote (Casimiroa spp.) Sapota, Sapodilla (Sapotaceae) Sargentia, yellow chapote (Sargentia greggii) Spanish plum, purple mombin or Ciruela

(Spondias spp.) Sweet orange (Citrus sinensis)

Except that the list does not include any fruits which have been canned, or frozen below - 17.8° C (0° F);

(b) Soil within the drip line of plants which are producing or have produced the fruits listed in paragraph (a) of this section, and

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