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a quarantined area and during its movement from a packing plant in a quarantined area to destinations outside that quarantined area.

(iv) At the packing plant, regulated fruit produced outside the quarantined areas is stored separately from and has had no contact with regulated fruit produced in a quarantined area. Any equipment at the packing plant that comes in contact with regulated fruit produced in a quarantined area is treated in accordance with $310.75–11(d) of this subpart before being used to handle any regulated fruit not produced in a quarantined area.

(v) The regulated fruit is treated at the packing plant in accordance with 8 301.75–11(a) of this subpart.

(vi) Due to the likelihood that they will be commingled with similar regulated articles collected from regulated fruit produced in a quarantined area, all leaves, litter, and culls collected from the shipment of regulated fruit at the packing plant are handled as prescribed in § 301.75–4(d)(2)(ii)(E) of this subpart.

(vii) The regulated fruit is accompanied by a certificate issued in accordance with $ 301.75–12 of this subpart.

8301.75-9 Interstate movement of reg.

ulated articles from a quarantined area for experimental or scientific

purposes. A regulated article may be moved interstate from a quarantined area if:

(a) Moved by the United States Department of Agriculture for experimental or scientific purposes;

(b) Moved pursuant to a Departmental permit issued for such article by the Administrator;

(c) Moved in accordance with conditions specified on the Departmental permit and determined by the Administrator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing,

processing, growing, shipment, disposal; and

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

[50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, Sept. 11, 1990)

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Regulated seed may be moved interstate from a quarantined area into any area of the United States if all of the following conditions are met:

(a) During the 2 years before the interstate movement, no plants or plant parts infected with or exposed to citrus canker were found in the grove or nursery producing the fruit from which the regulated seed

extracted.

(b) The regulated seed was treated in accordance with $ 301.75–11(b) of this subpart.

(c) The regulated seed is accompanied by a certificate issued in accordance with $ 301.75–12 of this subpart.

8301.75–10 Interstate movement of

regulated articles through a quar

antined area. Any regulated article not produced in a quarantined area may be moved interstate through a quarantined area, without a certificate, limited permit, or Departmental permit, if all of the following conditions are met:

(a) The regulated article is accompanied by either: A receipt showing that the regulated article was purchased outside the quarantined area, or a bill of lading stating the location of the premises where the shipment originated, the type and quantity of regulated articles being moved interstate, and the date the interstate movement began.

(b) The regulated article is moved through the quarantined area without being unloaded, and no regulated article, except regulated fruit that qualifies for interstate movement from the quarantined area in accordance with $ 301.75–7 of this subpart, is added to the shipment in the quarantined area.

was

[55 FR 37452, Sept. 11, 1990)

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(c) The regulated article is com- (3) Hibistat; pletely covered, or enclosed in con- (4) Sani Clean Hand Soap; or tainers or in a compartment of a vehi- (5) Seventy Percent Isopropyl Alcocle, during movement through the hol. quarantined area, except that, covering (d) Vehicles, equipment, and other artior enclosure is not required if the regu- cles. All vehicles, equipment, and other lated article is moved through the articles for which treatment is requarantined area without stopping, ex- quired by this subpart must be cleaned cept for refueling or for traffic condi- and disinfected by removing all plants, tions, such as traffic lights or stop leaves, twigs, fruit, and other plant signs.

parts from all areas of the equipment

or vehicles, including in cracks, under [55 FR 37452, Sept. 11, 1990)

chrome strips, and the under8301.75–11 Treatments.

carriage of vehicles, and by wetting all

surfaces (including the inside of boxes (a) Regulated fruit. Regulated fruit for

and trailers), to the point of runoff, which treatment is required by this

with one of the following disinfectants: subpart must be treated in one of the following ways in the presence of an in- (1) A 200-ppm solution of sodium hyspector, or at a facility whose owner pochlorite with a pH of 6.0 to 7.5; operates under a compliance agree- (2) A 0.2-percent solution of a quaterment:

nary ammonium chloride (QAC) com(1) The regulated fruit must be thor- pound; oughly wetted for at least 2 minutes (3) A solution of hot water and deterwith a solution containing 200 parts per gent, under high pressure (at least 30 million sodium hypochlorite, with the pounds per square inch), at a minimum solution maintained at a pH of 6.0 to temperature of 160 °F; or 7.5, or

(4) Steam, at a minimum tempera(2) The regulated fruit must be thor- ture of 160°F. at the point of contact. oughly wetted with a solution con

(50 FR 51231, Dec. 13, 1985, as amended at 53 taining sodium o-phenyl phenate

FR 4006, Feb. 11, 1988; 54 FR 12183, Mar. 24, (SOPP) at a concentration of 1.86 to 2.0 1989. Redesignated and amended at 55 FR percent of the total solution, for 45 sec- 37450, Sept. 11, 1990) onds if the solution has sufficient soap or detergent to cause a visible foaming

8301.75-12 Certificates and limited action or for 1 minute if the solution

permits. does not contain sufficient soap to (a) Issuance and withdrawal. (1) Cercause a visible foaming action.

tificates and limited permits may be (3) Sodium hypochlorite and SOPP issued for the interstate movement of must be applied in accordance with regulated articles only by an inspector label directions.

or by persons operating under a com(b) Regulated seed. Regulated seed for pliance agreement. which treatment is required by this

(2) A certificate or limited permit subpart must be extracted from fruit may be withdrawn by an inspector if that has been treated in accordance the inspector determines that any of with paragraph (a) of this section. The the applicable requirements of this regulated seed must then be cleaned subpart have not been met. The decifree of pulp, immersed for 10 minutes in sion of the inspector and the reason for water heated to 125°F. (51.6°C.) or high- the withdrawal must be confirmed in er, then immersed for at least 2 min- writing as promptly as circumstances utes in a solution containing 200 parts allow. Any person whose certificate or per million sodium hypochlorite, with limited permit is withdrawn may apthe solution maintained at a pH of 6.0 peal the decision in writing to the Adto 7.5.

ministrator within 10 days after receiv(c) Personnel. All personnel for which ing the written notification. The aptreatment is required by this subpart peal must state all of the facts and reamust clean their hands using one of the sons upon which the person relies to following disinfectants:

show that the certificate or limited (1) Gallex 1027 Antimicrobial Soap; permit was wrongfully withdrawn. The (2) Hibiclens;

Administrator must grant or deny the

appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator.

(b) Attachment and disposition. (1) Certificates and limited permits accompanying regulated articles interstate must be attached during the interstate movement to one of the following:

(i) The outside of the regulated article, if the regulated article is not packed in a container, or

(ii) The outside of the container in which the regulated article is packed, or

(iii) The consignee's copy of the accompanying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated article to be identified.

(2) Certificates and limited permits accompanying regulated articles interstate must be given to the consignee at the point of destination. [55 FR 37453, Sept. 11, 1990)

provided as promptly as circumstances allow. Any person whose compliance agreement is cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator.

(55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994]

8301.75–14 Costs and charges.

The services of the inspector shall be furnished without cost. The United States Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions in this subpart, other than for the services of the inspector. [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990]

Subpart-Mediterranean Fruit Fly

SOURCE: 56 FR 57576, Nov. 13, 1991, unless otherwise noted.

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8301.75–13 Compliance agreements.

(a) Eligibility. Any person engaged in the business of growing or handling regulated articles for interstate movement may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate the interstate movement of regulated articles in accordance with this subpart. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Animal and Plant Health Inspection Service (listed in local telephone directories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236.

(b) Cancellation. Any compliance agreement may be cancelled orally or in writing by an inspector if the inspector finds that the person who entered into the compliance agreement has failed to comply with this subpart. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be

8301.78 Restrictions

interstate movement of regulated articles. No person shall move interstate from any quarantined area any regulated article except in accordance with this subpart.1

8301.78–1 Definitions.

In this subpart the following definitions apply:

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).

Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person 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 (APHIS).

Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of Mediterranean fruit fly and may be moved interstate to any destination.

Commercially produced. Fruits and vegetables that an inspector identifies as having been produced for sale and distribution in mass markets. Such identification will be based on a variety of indicators, including, but not limited to: Quantity of produce, monocultural practices, pest management programs, good sanitation practices including destruction of culls, type of packaging, identification of grower or packing house on the packaging, and documents consigning the shipment to a wholesaler or retailer. Compliance agreement.

А written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart.

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

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

Drip line. The line around the canopy of a plant.

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

Inspector. Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Administrator to enforce this subpart.

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

Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with $ 301.78– 5(b) of this subpart only to a specified destination and only in accordance with specified conditions.

Mediterranean fruit fly. The insect known as Mediterranean fruit fly Ceratitis capitata (Wiedemann) in any stage of development.

Moved (Move, Movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.

Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.

Quarantined area. Any State, or any portion of a State, listed in 8 301.78–3(c) of this subpart or otherwise designated as a quarantined area in accordance with $ 301.78–3(b) of this subpart.

Regulated article. Any article listed in 8 301.78–2(a) or (b) of this subpart or otherwise designated as a regulated article in accordance with $ 301.78–2(c) of this subpart.

State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory or possession of the United States.

(56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991; 62 FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997)

8 301.78-2 Regulated articles.

The following are regulated articles:

(a) The following berries, fruits, nuts, and vegetables. Almond with husk (Prunus dulcis (P.

amygdalus)) Apple (Malus sylvestris) Apricot (Prunus armeniaca) Avocado (Persea americana) Black Myrobalan (Terminalia cherbula) Cherries (sweet and sour) (Prunus

avium, P. cerasus) Citrus citron (Citrus medica) Date (Phoenix dactylifera) Eggplant (Solanum melongena L.), other

than commercially produced eggplant

below – 17.8 °C. (0 °F.) are not regulated articles.

(b) Soil within the drip area of plants that are producing or have produced the berries, fruits, nuts, or vegetables listed in paragraph (a) of this section.

(c) Any other article, product, or means of conveyance, not covered by paragraphs (a) or (b) of this section, that presents a risk of spread of the Mediterranean fruit fly and an inspector notifies the person in possession of it that the article, product, or means of conveyance is subject to the restrictions of this subpart. (56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994; 62 FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997)

Fig (ficus carica)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava)
Japanese persimmon (Diospyros kaki)
Japanese plum (Prunus salicina)
Kiwi (Actinidia chinensis)
Kumquat (Fortunella japonica)
Lemon (Citrus limon) except smooth-

skinned lemons harvested for pack

ing by commercial packing houses. Lemon, Meyer (Citrus limon X

reticulata) Lemon, Rough (Citrus jambhiri) Lime, sweet (Citrus aurantiifolia) Loquat (Eriobotrya japonica) Mandarin orange (Citrus reticulata)

(tangerine) Mango (Mangifera indica) Mock orange (Murraya exotica) Mountain apple (Syzigium malaccense

(Eugenia malaccensis)) Natal plum (Carissa macrocarpa) Nectarine (Prunus persica var.

nectarina) Olive (Olea europea) Opuntia cactus (Opuntia spp.) Orange, calamondin (Citrus reticulata x.

Fortunella) Orange, Chinese (Fortunella japonica) Orange, king (Citrus reticulata X. C.

sinensis) Orange, sweet (Citrus sinensis) Orange, Unshu (Citrus reticulata var.

Unshu) Papaya (Carica papaya) Peach (Prunus persica) Pear (Pyrus communis) Pepper (Capsicum frutescens, C. annuum) Pineapple guava (Feijoa sellowiana) Plum (Prunus americana) Pomegranate (Punica granatum) Prune (Prunus domestica) Pummelo (Citrus grandis) Quince (Cydonia oblonga) Rose apple (Eugenia jambos) Sour orange (Citrus aurantium) Spanish cherry (Brazilian

plum) (Eugenia dombeyi (E. brasiliensis)) Strawberry guava (Psidium cattleianum) Surinam cherry (Eugenia uniflora) Tomato (pink and red

ripe) (Lycopersicon esculentum) Walnut with husk (Juglans spp.) White sapote (Casimiroa edulis) Yellow oleander (Bestill) (Thevetia

peruviana)

Any berries, fruits, nuts, or vegetables that are canned or dried or frozen

g301.783 Quarantined areas.

(a) Except as otherwise provided in paragraph (b) of this section, the Administrator shall list as a quarantined area in paragraph (c) of this section, each State, or each portion of a State, in which the Mediterranean fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Mediterranean fruit fly is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which the Mediterranean fruit fly has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:

(1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles, and

(2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the Mediterranean fruit fly.

(b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section for listing such area. The Administrator will give a copy of this regulation along with a written notice of this temporary designation to the owner or person in possession of the nonquarantined area; thereafter,

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