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supplemental regulation, may divide any regulated area into a suppressive area and a generally infested area in accordance with the definitions thereof in §301.52-1. Less than an entire quarantined State, territory, or district will be designated as a regulated area only if the Deputy Administrator is of the opinion that:

(1) The State, territory, or district has adopted and is enforcing a quarantine or regulations which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and

(m) Regulated articles. Any articles described in §301.52(b).

(n) Restricted destination permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certified under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes.

(0) Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes.

(p) Suppressive area. That part of a regulated area where eradication of infestation is undertaken as an objective, as designated by the Deputy Administrator under § 301.52-2(a).

(q) Treatment manual. The provisions currently contained in the "Plant Protection and Quarantine Treatment Manual" and any amendments thereto. 2

[32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 17, 1987]

for Deputy Administrator to list regulated areas and suppressive or generally infested areas.

§301.52-2 Authorization

The Deputy Administrator shall publish and amend from time to time as the facts warrant, the following lists:

(a) List of regulated areas and suppressive or generally infested areas. The Deputy Administrator shall list as regulated areas in a supplemental regulation designated as §301.52-2a, the quarantined States, territories, or districts, or portions thereof, in which pink bollworm has been found or in which there is reason to believe that pink bollworm is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator, in the

2 A pamphlet containing such provisions is available, upon request, from the Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, or from an inspector.

(2) The designation of less than the entire State, territory, or district, as a regulated area will otherwise be adequate to prevent the interstate spread of the pink bollworm.

[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]

§301.52-2a Regulated areas; suppressive and generally infested areas.

are

The civil divisions and part of civil below divisions described designated as pink bollworm regulated areas within the meaning of the provisions of this subpart; and such regulated areas are hereby divided into generally infested areas or suppressive areas as indicated below.

ARIZONA

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

ARKANSAS

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

Poinsett County. T. 12N., R 5E.; Sections 22, 23, 24, 25, 26, 27, 34, 35, and 36.

CALIFORNIA

(1) Generally infested area.
Imperial County. The entire county.
Inyo County. The entire county.
Los Angeles County. The entire county.
Orange County. The entire county.
Riverside County. The entire county.
San Bernardino County. The entire county.
San Diego County. The entire county.
(2) Suppressive area.
Fresno County. The entire county.
Kern County. The entire county.
Kings County. The entire county.
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.

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8301.52–7 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.

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8 301.528 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. 8301.52-9 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 t1 Mexican fruit fly, a dangerous plai pest not heretofore widely prevalento distributed within and throughout th United States; and hereby establishe regulations governing the interstat movement of regulated articles speci fied in $ 301.64-2.

(b) Restrictions on interstate movemen. of regulated articles. No common carrie or other person shall move from ar regulated area any regulated artich interstate into or through America Samoa, Arizona, California, Florida Guam, Hawaii, Louisiana, the Northerr Mariana Islands, Puerto Rico, Texas and the Virgin Islands of the Unite States, except in accordance with the conditions prescribed in this subpart.

[48 FR 54580, Dec. 6, 1983, as amended at 4 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)

8301.52–10 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.

8301.64 Quarantine and regulations;

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

8 301.64–1 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 $ 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.

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 of live Mexican fruit flies in interstate or foreign commerce are contained in part 330 of this chapter.

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 §301.64-5(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

otherwise designated as a regulated area in accordance with § 301.64-3(b).

Regulated article. Any article listed in §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]

§301.64-2 Regulated articles.

(a) The following fruits are regulated articles:

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 (smoothskinned 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
jambos))

(Eugenia

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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