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§301.64-9 Costs and charges.

The service of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.

§301.64-10 Treatments.

Treatments for regulated articles must be one of the following:

(a) Apple, grapefruit, orange, pear, plum, pomegranate, quince, and tangerine. Cold treatment in accordance with the PPQ Treatment Manual. For the full identification of this standard, see §300.1 of this chapter, "Materials incorporated by reference".

(b) Soil within the dripline of plants that are producing or that have produced fruits listed in § 301.64–2(a). Remove host fruits from host plants prior to treatment. Using ground equipment, drench the soil under the host plants with 5 lb a.i. diazinon per acre (0.12 lb or 2 oz avdp per 1,000 ft 2) mixed with 130 gal of water per acre (3 gal per 1,000 ft2). Apply at 14- to 16-day intervals as needed. Repeat applications if infestations become established. In addition to the above, follow all label directions for diazinon.

(c) Premises. A field, grove, or area that is located within the quarantined area but outside the infested core area, and that produces regulated articles, must receive regular treatments with either malathion or spinosad bait spray. These treatments must take place at 6-to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for completion of egg and larvae development of the Mexican fruit fly. Determination of the time period must be based on the day degrees model for Mexican fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground equipment at a rate of 2.4 oz of technical grade malathion and 9.6 oz of protein hydrolysate per acre. The spinosad bait spray treatment must be applied by aircraft or ground equipment at a rate of 0.01 oz of a USDA-approved spinosad formulation

and 48 oz of protein hydrolysate per acre. For ground applications, the mixture may be diluted with water to improve coverage.

(d) Grapefruit and oranges. Methyl bromide in accordance with the PPQ Treatment Manual.

(e) Grapefruit, oranges, and tangerines. High-temperature forced air in accordance with the PPQ Treatment Manual.

(f) Citrons, litchis, longans, persimmons, and white zapotes. Cold treatment in accordance with the PPQ Treatment Manual (for full identification of this standard, see $300.1 of this chapter, "Materials incorporated by reference") and in accordance with the following schedule:

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8301.75-1 Definitions.

Administrator. The Administrator of the Animal and Plant Health Inspection Service or any individual 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.

Certificate. An official document of the United States Department of Agriculture authorizing the interstate movement of a regulated article from a quarantined area into any area of the United States.

Citrus canker. A plant disease caused by strains of the bacterium Xanthomonas axonopodis pv. citri.

Commercial citrus-producing area. Any area designated as a commercial citrus-producing area in accordance with § 301.75-5 of this subpart.

Compliance agreement. A written agreement between the Animal and Plant Health Inspection Service and a person engaged in the business of growing or handling regulated articles for interstate movement, in which the person pledges to comply with this subpart.

Departmental permit. An official document of the United States Department of Agriculture authorizing the movement of a regulated article from a quarantined area.

Departmental tag or label. An official tag or label of the United States Department of Agriculture, which, attached to a regulated article or its container, indicates that the regulated article is eligible for interstate movement with a Departmental permit.

Exposed. Determined by an inspector to be at risk for developing citrus canker because of proximity during the past 2 years to infected plants, or to personnel, vehicles, equipment, other articles that may have been contaminated with bacteria that cause citrus canker.

or

Grove. Any tree or stand of trees maintained to produce fruit and separated from other trees by a boundary, such as a fence, stream, road, canal, irrigation ditch, hedgerow, open space, or sign or marker denoting change of fruit variety.

Infected. Containing bacteria that cause citrus canker.

Infestation. The presence of a plant or plants infected with citrus canker at a particular location, except when the plant or plants contracted the infection at a previous location and the infection has not spread to any other plant at the present location.

Inspector. An individual authorized by the Administrator to perform the specified duties.

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

Limited permit. An official document of the United States Department of Agriculture authorizing the interstate movement of a regulated article from a quarantined area, but restricting the areas of the United States into which the regulated article may be moved.

Move. Ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.

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Movement. The act of shipping, carrying, transporting, offering for shipment, receiving for shipment, or allowing to be transported by any means.

Nursery. Any premises, including greenhouses but excluding any grove, at which plants are grown or maintained for propagation or replanting. Person. Any individual, partnership, corporation, company, society, association, or other organized group.

Quarantined area. Any area designated as a quarantined area in accordance with §301.75-4 of this subpart.

Regulated article. Any article listed in §301.75-3 (a) or (b) of this subpart or designated as a regulated article in accordance with §301.75-3(c) of this subpart.

Regulated fruit, regulated plant, regulated seed, regulated tree. Any fruit, plant, seed, or tree defined as a regulated article.

State. Each of the 50 States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.

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

[55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996]

§301.75-2 General prohibitions.

(a) Regulated articles may not be moved interstate from a quarantined area expect in accordance with this subpart.

(b) Regulated articles moved from a quarantined area with a limited permit may not be moved interstate into any commercial citrus-producing area, except as follows: The regulated articles may be moved through a commercial citrus-producing area if they are covered, or enclosed in containers or in a compartment of a vehicle, while in the commercial citrus-producing area, and are not unloaded in the commercial citrus-producing area without the permission of an inspector.

(c) Regulated articles moved interstate with a limited permit to an area

of the United States that is not a commercial citrus-producing area may not subsequently be moved interstate into any commercial citrus-producing area. [55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990]

§301.75-3 Regulated articles.

(a) Plants or plant parts, including fruit and seeds, or any of the following: All species, clones, cultivars, strains, varieties, and hybrids of the genera Citrus and Fortunella, and all clones, cultivars, strains, varieties, and hybrids of the species Clausena lansium and Poncirus trifoliata. The most common of these are: lemon, pummelo, grapefruit, key lime, persian lime, tangerine, satsuma, tangor, citron, sweet orange, sour orange, mandarin, tangelo, ethrog, kumquat, limequat, calamondin, trifoliate orange, and wampi.

(b) Grass, plant, and tree clippings.

(c) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a) of this section, when it is determined by an inspector that it presents a risk of spread of citrus canker and the person in possession thereof has actual notice that the product, article, or means of conveyance is subject to the provisions of this subpart.

[50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 11, 1990]

8301.75-4 Quarantined areas.

(a) The following States or portions of States are designated as quarantined

areas:

FLORIDA

Collier County. Beginning at the intersection of SR 29 and SR 858; then north along SR 29 approximately 3.5 miles to the north section line of sec. 32, T. 47, R. 30; then east along the north section lines of secs. 32, 33, 34, 35, and 36, T. 47, R. 30, to the northeast corner of sec. 36, T. 47, R. 30; then south along the east section line of sec. 36, T. 47, R. 30, and secs. 1, 12, 13, 24, and 25, T. 48, R. 30, approximately 6 miles to the southeast corner of sec. 25, T. 48, R. 30; then west along the south section line of secs. 25, 26, 27, 28, and 29, T. 48, R. 30, approximately 4.5 miles to SR 29; then north along SR 29 approximately 2.5 miles to the point of beginning.

Dade and Broward Counties. Beginning at the mouth of the Miami River in Biscayne Bay; then north along Biscayne Bay to Bal Harbor; then east along the inlet at Bal Harbor to the Atlantic Ocean; then north along the shoreline of the Atlantic Ocean to the Port Everglades Channel in Broward County; then west and south through the Port Everglades Channel to where it meets Eller Drive; then west on Eller Drive to I-595; then west on I-595 to I-75; then south on I-75 to the Florida Turnpike Homestead Extension; then south on the Florida Turnpike Homestead Extension to NW 58th Street; then west along NW 58th Street to Krome Avenue (NW 177th Avenue); then south along Krome Avenue (NW and SW 177th Avenue) to Coral Reef Drive (SW 152nd Street); then east along Coral Reef Drive to Biscayne Bay; then north along the shoreline of Biscayne Bay to the point of beginning.

Manatee County. Beginning at the intersection of the Manatee River and I-75; then west along the shoreline of the Manatee River to Terra Ceia Bay; then northeast along the shoreline of Terra Ceia Bay to the Terra Ceia River; then north along the Terra Ceia River to I-275; then east on I-275 to Bishop Harbor Road; then north and east on Bishop Harbor Road to U.S. 41; then north on U.S. 41 to Buckeye Road; then east on Buckeye Road to the eastern boundary of sec. 10, T. 33 S, R. 18 E; then south along the eastern boundary of sec. 10, T. 33 S, R. 18 E to Carter Road; then south on Carter Road to the eastern boundary of sec. 22, T. 33 S, R. 18 E; then south along the eastern boundary of sec. 22, T. 33 S, R. 18 E to Erie Road; then east and south along Erie Road to U.S. Highway 301; then southwest along U.S. Highway 301 to I75; then south along I-75 to the point of beginning.

(b) The Administrator may designate any non-quarantined area as a quarantined area in accordance with paragraphs (c) and (d) of this section upon giving written notice of this designation to the owner or persons in possession of the non-quarantined area. Thereafter, regulated articles may be moved interstate from that area only in accordance with this subpart. As soon as practicable, this area will be added to the list in paragraph (a) of this section, or the Administrator will terminate the designation. The owner or person in possession of an area for which designation is terminated will be given written notice as soon as practicable.

(c) Any State or portion of a State where an infestation is detected will be designated as a quarantined area and

will remain so until the area has been without infestation for 2 years.

(d) Less than an entire State will be designated as a quarantined area only if all of the following conditions are met:

(1) Survey. No area has been designated a survey area.

(2) Intrastate movement of regulated articles. The State enforces restrictions on the intrastate movement of regulated articles from the guarantined area that are at least as stringent as those on the interstate movement of regulated articles from the guarantined area, except as follows:

(i) Regulated fruit may be moved intrastate from a quarantined area for processing into a product other than fresh fruit if all of the following conditions are met:

(A) The regulated fruit is accompanied by a document that states the location of the grove in which the regulated fruit was produced, the variety and quantity of regulated fruit being moved intrastate, the address to which the regulated fruit will be delivered for processing, and the date the intrastate movement began,

(B) The regulated fruit and any leaves and litter are completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement.

(C) The vehicles, covers, and any containers used to carry the regulated fruit intrastate are treated in accordance with §301-11(d) of this subpart before leaving the premises where the regulated fruit is unloaded for processing, and

(D) All leaves, litter, and culls collected from the shipment of regulated fruit at the processing facility are either incinerated at the processing facility or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs.

(ii) Regulated fruit may be moved intrastate from a quarantined area for packing, either for subsequent interstate movement with a limited permit or for export from the United States, if all of the following conditions are met: (A) The regulated fruit is accompanied by a document that states the

location of the grove in which the regulated fruit was produced, the variety and quantity of regulated fruit being moved intrastate, the address to which the regulated fruit will be delivered for packing, and the date the intrastate movement began.

(B) The regulated fruit and any leaves and litter are completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement.

(C) The vehicles, covers, and any containers used to carry the regulated fruit intrastate are treated in accordance with §301.75-11(d) of this subpart before leaving the premises where the regulated fruit is unloaded for packing.

(D) At the packing plant, the regulated fruit is stored separately from and has no contact with fruit eligible for interstate movement to commercial citrus-producing areas. Any equipment that comes in contact with the regulated fruit at the packing plant is treated in accordance with §301.75-11(d) of this subpart before being used to handle any fruit eligible for interstate movement to commercial citrus-producing areas, and

(E) All leaves and litter collected from the shipment of regulated fruit at the packing plant are either incinerated at the packing plant or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. All culls collected from the shipment of regulated fruit are either processed into a product other than fresh fruit, incinerated at the packing plant, or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. Any culls moved intrastate for processing must be completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement, and the vehicles, covers, and any containers used to carry the regulated fruit must be treated in accordance with §301.75–11(d) of this subpart before leaving the premises where the regulated fruit is unloaded for processing.

(iii) Grass, tree, and plant clippings may be moved intrastate from the

quarantined area for disposal in a public landfill or for composting in a recycling facility, if all of the following conditions are met:

(A) The public landfill or recycling facility is located within the survey area described in paragraph (d)(1) of this section,

(B) The grass, tree, or plant clippings are completely covered during the movement from the quarantined area to the public landfill or recycling facility, and

(C) Any public landfill used is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs.

[55 FR 37450, Sept. 11, 1990; 55 FR 42698, Oct. 23, 1990, as amended at 55 FR 49502, Nov. 29, 1990; 56 FR 8102, Feb. 27, 1991; 57 FR 49374, Nov. 2, 1992; 59 FR 25288, May 16, 1994; 61 FR 1521, Jan. 22, 1996; 64 FR 4780, Feb. 1, 1999]

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(a) The following are designated as

vent the interstate spread of citrus canker.

[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986; as amended at 53 FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 FR 37450, Sept. 11, 1990]

§301.75-6 Interstate movement of regulated articles from a quarantined area, general requirements.

No regulated article may be moved interstate from a quarantined area unless all of the following conditions are met:

(a) Inspections. (1) In the quarantined area, every regulated plant and regulated tree, except indoor houseplants and regulated plants and regulated trees at nurseries, is inspected for citrus canker at least once a year, during May 1 through December 31, by an inspector, on foot.

(2) In the quarantined area, every regulated plant and regulated tree at every nursery containing regulated plants or regulated trees is inspected for citrus canker by an inspector at intervals of no more than 45 days.

(b) Treatment of personnel, vehicles,

commercial citrus-producing areas: P='04'≤and equipment. In the quarantined area,

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(b) The list in paragraph (a) of this section is intended to include jurisdictions which have commercial citrusproducing areas. Less than an entire State may be designated as a commercial citrus-producing area only if the Administrator determines that the area not included as a commercial citrus-producing area does not contain commercial citrus plantings; that the State has adopted and is enforcing a prohibition on the intrastate movement from areas not designated as commercial citrus-producing areas to commercial citrus-producing areas of fruit which are designated as regulated articles and which were moved interstate from a quarantined State pursuant to a limited permit; and that the designation of less than the entire State as a commercial citrus-producing area will otherwise be adequate to pre

all vehicles, equipment, and other articles used in providing inspection, maintenance, harvesting, or related services in any grove containing regulated plants or regulated trees, or in providing landscaping or lawn care services on any premises containing regulated plants or regulated trees, must be treated in accordance with §301.75-11(d) of this subpart upon leaving the grove or premises. All personnel who enter the grove or permises to provide these services must be treated in accordance with §301.75-11(c) of this subpart upon leaving the grove or premises.

(c) Destruction of infected plants and trees. No more than 7 days after a State or Federal laboratory confirms that a regulated plant or regulated tree is infected, the State must provide written notice to the owner of the infected plant or infected tree that the infected plant or infected tree must be destroyed. The owner must have the infected plant or infected tree destroyed within 45 days after receiving the written notice.

[55 FR 37451, Sept. 11, 1990]

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