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301.808 Inspection and disposal of regulated

articles and pests. 301.80–9 Movement of witchweed. 301.80–10 Nonliability of the Department.

Subpart-Imported Fire Ant

301.75–2 General prohibitions. 301.753 Regulated articles. 301.754 Quarantined areas. 301.75–5 Commercial citrus-producing areas. 301.756 Interstate movement of regulated

articles from a quarantined area, general

requirements. 301.75–7 Interstate movement of regulated

fruit from a quarantined area. 301.75-8 Interstate movement of regulated

seed from a quarantined area. 301.75–9 Interstate movement of regulated

articles from a quarantined area for ex

perimental or scientific purposes. 301.75–10 Interstate movement of regulated

articles through a quarantined area. 301.75-11 Treatments. 301.75–12 Certificates and limited permits. 301.75–13 Compliance agreements. 301.75–14 Costs and charges.

QUARANTINE AND REGULATIONS 301.81 Restrictions on interstate movement

of regulated articles. 301.81-1 Definitions. 301.81-2 Regulated articles. 301.81-3 Quarantined areas. 301.814 Interstate movement of regulated

articles from quarantined areas. 301.81-5 Issuance of a certificate or limited

permit. 301.81-6 Compliance agreements. 301.81-7 Cancellation of a certificate, lim

ited permit, or compliance agreement. 301.818 Assembly and inspection of regu

lated articles. 301.81–9 Attachment and disposition of cer

tificates and limited permits. 301.81-10 Costs and charges. APPENDIX TO SUBPART "IMPORTED FIRE

ANT”-PORTION OF “IMPORTED FIRE ANT
PROGRAM MANUAL"

Subpart-Mediterranean Fruit Fly 301.78 Restrictions on interstate movement

of regulated articles. 301.78-1 Definitions. 301.78–2 Regulated articles. 301.78_3 Quarantined areas. 301.784 Conditions governing the interstate

movement of regulated articles from

quarantined areas. 301.7845 Issuance and cancellation of certifi

cates and limited permits. 301.78-6 Compliance agreements and can

cellation. 301.78–7 Assembly and inspection of regu

lated articles. 301.78-8 Attachment and disposition of cer

tificates and limited permits. 301.78–9 Costs and charges. 301.78-10 Treatments.

Subpart-Unshu Oranges [Reserved)

Subpart-Golden Nematode

Subpart-Witchwood

QUARANTINE AND REGULATIONS 301.80 Quarantine; restriction on interstate

QUARANTINE AND REGULATIONS 301.85 Quarantine; restriction on interstate

movement of specified regulated articles. 301.85-1 Definitions. 301.85–2 Authorization to designate, and ter

minate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from cer

tification, permit, or other requirements. 301.85-2a Regulated areas; suppressive and

generally infested areas. 301.85-2b Exempted articles. 301.853 Conditions governing the interstate

movement of regulated articles from

quarantined States. 301.854 Issuance and cancellation of certifi

cates and permits. 301.85–5 Compliance agreement and can

cellation thereof. 301.85-6 Assembly and inspection of regu

lated articles. 301.85–7 Attachment and disposition of cer

tificates and permits. 301.85–8 Inspection and disposal of regulated 301.91–5 Issuance and cancellation of certifi

movement of specified regulated articles. 301.80–1 Definitions. 301.80—2 Authorization to designate, and ter

minate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from cer

tification, permit, or other requirements. 301.80—2a Regulated areas; generally in

fested and suppressive areas. 301.80–2b Exempted articles. 301.80–3 Conditions governing the interstate

movement of regulated articles from

quarantined States. 301.80-4 Issuance and cancellation of certifi

cates and permits. 301.80–5 Compliance agreements; and can

cellation thereof. 301.80–6 Assembly and inspection of regu

lated articles. 301.80–7 Attachment and disposition of cer

tificates or permits.

articles and pests. 301.85–9 Movement of live golden nema

todes. 301.85–10 Nonliability of the Department.

cates and limited permits. 301.91-6 Compliance agreement and can

cellation thereof. 301.91–7 Assembly and inspection of regu

lated articles. 301.91-8 Attachment and disposition of cer

tificates and limited permits. 301.91–9 Costs and charge.

Subpart-Sugarcane Diseases

QUARANTINE AND REGULATIONS 301.87 Quarantine; restrictions on interstate

movement of specified articles. 301.87–1 Definitions. 301.87—2 Regulated articles. 301.87–3 Regulated areas. 301.87-4 Conditions governing the interstate

movement of regulated articles from reg

ulated areas in quarantined States. 301.87–5 Issuance and cancellation of certifi

cates and limited permits. 301.87–6 Compliance agreement; cancella

tion. 301.87–7 Assembly and inspection of regu

lated articles. 301.87–8 Attachment and disposition of cer

tificates and limited permits. 301.87–9 Costs and charges. 301.87–10 Treatments.

Subpart-Oriental Fruit Fly

Subpart-Kamal Bunt

301.93 Restrictions on interstate movement

of regulated articles. 301.93–1 Definitions. 301.93-2 Regulated articles. 301.93-3 Quarantined areas. 301.934 Conditions governing the interstate

movement of regulated articles from

quarantined areas. 301.93–5 Issuance and cancellation of certifi

cates and limited permits. 301.93-6 Compliance agreements and can

cellation. 301.93–7 Assembly and inspection of regu

lated articles. 301.93-8 Attachment and disposition of cer

tificates and limited permits. 301.93–9 Costs and charges. 301.93-10 Treatments.

AUTHORITY: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Subpart-Imported Plants and

Plant Parts

301.89–1 Definitions. 301.89-2 Regulated articles. 301.893 Regulated areas. 301.89 4 Planting. 301.89_5 Movement of regulated articles

from regulated areas. 301.89-6 Issuance of a certificate or limited

permit. 301.89–7 Compliance agreements. 301.89 8 Cancellation of a certificate, lim

ited permit, or compliance agreement. 301.89–9 Assembly and inspection of regu

lated articles. 301.89_10 Attachment and disposition of cer

tificates and limited permits. 301.89_11 Costs and charges. 301.89–12 Cleaning and disinfection. 301.89-13 Treatments. 301.89–14 Compensation for the 1995–1996

crop season. 301.89–15 Compensation for growers, han

dlers, and seed companies in the 1996–1997

and 1997-1998 crop seasons. 301.89_16 Compensation for grain storage fa

cilities, flour millers, and National Survey participants for the 1996–1997 and 1997–1998 crop seasons.

SOURCE: 62 FR 61212, Nov. 17, 1997, unless otherwise noted.

Subpart-Com Cyst Nematode

[Reserved]

8301.10 Definitions.

Move (moved, movement). Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved.

State. Any State, territory, district, or possession of the United States. 8301.11 Notice of quarantine; prohibi.

tion on the interstate movement of certain imported plants and plant

parts. (a) In accordance with part 319 of this hapter, some plants and plant parts may only be imported into the United States subject to certain destination restrictions. That is, under part 319, some plants and plant parts may be imported into some States or areas of the United States but are prohibited from being imported into, entered into, or

Subpart-European Larch Canker

QUARANTINE AND REGULATIONS 301.91 Quarantine and regulations; restric

tions on interstate movement of regu

lated articles. -301.91–1 Definitions. 301.91-2 Regulated articles. 301.91-3 Regulated areas. 301.91-4 Conditions governing the interstate

movement of regulated articles from regulated areas in quarantined States.

distributed within other States or areas, as

an additional safeguard against the introduction and establishment of foreign plant pests and diseases.

(b) Under this quarantine notice, whenever any imported plant or plant part is subject to destination restrictions under part 319:

(1) The State(s) or area(s) into which the plant or plant part is allowed to be imported is quarantined with respect to that plant or plant part; and

(2) No person shall move any plant or plant part from any such quarantined State or area into or through any State or area not quarantined with respect to that plant or plant part.

Subpart-Black Stem Rust

SOURCE: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.

8 301.38 Notice of quarantine; restric

tions on interstate movement of

regulated articles. The conterminous 48 States and the District of Columbia are quarantined in order to prevent the spread of black stem rust. No person shall move interstate any regulated article except in accordance with this subpart.1 8301.38-1 Definitions.

In this subpart the following definitions apply:

Administrator. The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person authorized to act for the Administrator.

Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculure.

Black stem rust. The disease commonly known as the black stem rust of grains (Puccinia graminis).

Certificate. A document in which an inspector, or a person operating under

compliance agreement, affirms that a specified regulated article has met the criteria in $301.38–5(b) of this subpart and may be moved interstate to any destination.

Compliance agreement. A written agreement between a State that is a protected area or that encompasses a protected area and a person who moves regulated articles interstate, or in a non-protected area between APHIS and such person, in which that person agrees to comply with this subpart.

Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes, and that the regulated article is eligible for interstate movement under the conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the introduction of rust-susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia into protected areas.

Inspector. Any APHIS employee or other person authorized by the Administrator in accordance with law to enforce this subpart.

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

Limited permit. A document issued by an inspector to allow the interstate movement into or through a protected area of regulated articles not eligible for certification under this subpart to a specified destination outside the protected area.

Moved (movement, move). Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved. “Movement” and “move" shall be construed in accordance with this definition.

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

Protected area. Those States or counties designated in $301.38–3(c) of this subpart.

Rust-resistant plants. All plants of the genera Berberis, Mahoberberis, and

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1 Any properly identified employee of the Animal and Plant Health Inspection Service 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 10 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff).

Mahonia species, and their progeny, that have proven resistant to black stem rust during testing by the United States Department of Agriculture, and that are listed as rust-resistant under $ 301.38-2 (b) and (c).

Rust-susceptible plants. All plants of the genera Berberis, Mahoberberis, and Mahonia species not listed as rust-resistant under $ 301.38–2 (b) and (c).

Regulated article. Any article listed in $301.38–2 (a) through (d) of this subpart or otherwise designated as a regulated article in accordance with $301.38–2(e) of this subpart.

Seedling. Any plant of the genera Berberis, Mahoberberis, and Mahonia grown from seed and having less than 2 years' growth.

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

Two years' growth. The growth of a plant during all growing seasons of 2 successive calendar years.

(54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989)

from the following rust-resistant Berberis species.

B. aridocalida
B. beaniana
B. burifolia
B. buxifolia nana
B. calliantha
B. candidula
B. candidula Amstelveen'
B. cavallieri
B. chenaulti
B. chanaulti 'Apricot Queen'
B. circumserrata
B. concinna
B. corii
B. darwini
B. dasystachya
B. dubia
B. feddeana
B. formosana
B. franchetiana
B. gagnepaini
B. gilgiana
B. gladwynensis
B. gladwynensis William Penn'
B. gyalaica
B. heterophylla
B. horvathi
B. hybrido-gagnepaini
B. insignis
B. julianae
B. julianae 'Nana'
B. julianae 'Spring Glory'
B. koreana
B. koreana X B. thunbergii hybrid Bailsel
B. koreana X B. thunbergii hybrid Tara
B. lempergiana
B. lepidifolia
B. linearifolia
B. linearifolia var. 'Orange King'
B. lologensis
B. manipurana
B. media 'Park Jewel'
B. media 'Red Jewel'
B. mentorensis
B. pallens
B. potanini
B. Renton
B. replicata
B. sanguinea
B. sargentiana
B. sikkimensis
B. stenophylla
B. stenophylla diversifolia
B. stenophylla irwini
B. stenophylla gracilis
B. stenophylla nana compacta
B. taliensis
B. telomaica artisepala
B. thunbergii
B. thunbergii aurea
B. thunbergii argenteo marginata
B. thunbergii atropurpurea
B. thunbergii atropurpurea erecta
B. thunbergii atropurpurea erecta Marshalli
B. thunbergii atropurpurea 'Golden Ring'

$301.38–2 Regulated articles.

The following are regulated articles: 3

(a) All seedlings and plants of less than 2 years' growth of the genus Berberis.

(b) All plants, seeds, fruits, and other plant parts capable of propagation

2 Testing is performed by the Agricultural Research Service of USDA as follows: In a greenhouse, the suspect plant, or test subject, is placed under a screen with a control plant, i.e., a known rust-susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected wheat stems, a primary host of black stem rust, are placed on top of the screen. The plants are moistened and maintained in 100% humidity, causing the spores to swell and fall on the plants lying under the screen. The plants are then observed for 7 days at 20 80% relative humidity. This test procedure is repeated 12 times. If in all 12 tests, the rustsusceptible plant shows signs of infection after 7 days and the test plants do not, USDA will declare the test plant variety rust-resistant. The tests must be performed on new growth, just as the leaves are unfolding.

3 Permit and other requirements for the interstate movement of black stem rust organisms are contained in part 330 of this chapter.

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B. thunbergii atropurpurea 'Intermedia'
B. thunbergii atropurpurea 'Knight Bur-

gundy
B. thunbergii atropurpurea nana
B. thunbergii atropurpurea 'Redbird'
B. thunbergii atropurpurea 'Rose Glow'
B. thunbergii 'Bagatelle'
B. thunbergii 'Bailone'
B. thunbergii 'Bailtwo'
B. thunbergii 'Bonanza Gold'
B. thunbergii 'Crimson Pygmy'
B. thunbergii 'Dwarf Jewell'
B. thunbergii erecta
B. thunbergii 'globe'
B. thunbergii 'golden'
B. thunbergii 'Harlequin'
B. thunbergii 'Helmond Pillar
B. thunbergii 'Kobold'
B. thunbergii 'Lustre Green'
B. thunbergii maximowiczi
B. thunbergii minor
B. thunbergii ‘Monry'
B. thunbergii 'Monlers'
B. thunbergii ‘Monomb'
B. thunbergii 'Pink Queen'
B. thunbergii pluriflora
B. thunbergii 'Sparkle'
B. thunbergii "Thornless'
B. thunbergii “Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon

(c) All plants, seedlings, seeds, fruits, and other plant parts capable of propagation from the following rust-resistant Mahoberberis and Mahonia species, except Mahonia cuttings for decorative purposes: (1) Genera Mahoberberis:

M. aqui-candidula
M. aqui-sargentiae
M. miethkeana

M. nervosa
M. pinnata
M. pinnata 'Ken Hartman'
M. piperiana
M. pumila
M. repens

(d) All plants, seeds, fruits, and other plant parts capable of propagation from rust-susceptible species and varieties of the general Berberis, Mahoberberis, and Mahonia, and seedlings from rust-susceptible species and varieties of the genera Mahoberberis and Mahonia, except Mahonia cuttings for decorative purposes.

(e) Any other product or article not listed in paragraphs (a) through (d) of this section, that an inspector determines presents a risk of spread of black stem rust. The inspector must notify the person in possession of the product or article that it is subject to the provisions of this subpart. (54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 56 FR 7784, Feb. 26, 1991; 57 FR 54166, Nov. 17, 1992; 58 FR 8820, Feb. 17, 1993; 59 FR 9066, Feb. 25, 1994; 59 FR 17917, Apr. 15, 1994; 60 FR 38667, July 28, 1995)

8301.383 Protected areas.

(a) The Administrator may designate as a protected area in paragraph (c) of this section any State that has eradicated rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia under the cooperative Federal-State eradication program. In addition, the State must employ personnel with responsibility for the issuance and withdrawal of certificates in accordance with $ 301.38–5, and maintain and enforce an inspection program under which every plant nursery within the State is inspected at least once each year to ensure that they are free of rust-susceptible plants. During the requisite nursery inspections, all nursery stock shall be examined to determine that it consists only of rust-resistant varieties of the genera Berberis, Mahoberberis, and Mahonia, and that the plants are true to type. Plants that do not meet this criteria must be destroyed.

(b) The Administrator may designate as a protected area any county within a State, rather than the entire State, if areas within the State have eradicated rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia

(2) Genera Mahonia:

M. amplectens
M. aquifolium
M. aquifolium atropurpurea
M. aquifolium compacta
M. aquifolium compacta ‘John Muir
M. aquifolium 'Donewell'
M. aquifolium 'Kings Ransom'
M. aquifolium 'Orangee Flame'
M. aquifolium 'Winter Sun'
M. 'Arthur Menzies'
M. bealei
M. dictyota
M. fortunei
M. 'Golden Abundance'
M. japonica
M. lomarifolia

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