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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 ounces of technical grade malathion and 9.6 ounces of protein hydrolysate per acre.

(c) Soil. Soil within the drip area of plants which are producing or have produced the fruits, nuts, vegetables, and berries listed in §301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the drip area with sufficient water to wet the soil to at least a depth of 1⁄2 inch. Both immersion and pour-on treatment procedures are also acceptable.

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318.58-2 Regulated articles.

(Ceratitis capitata (Wied.)), the melon 318.58-3 Conditions of movement.

fly (Dacus cucurbitae Coq.), the ori318.584 Issuance of certificates or limited

ental fruit fly (Dacus dorsalis Hendl.), permits. 318.584a Administrative instructions au

green coffee scale (Coccus viridis thorizing the movement from Puerto

(Green)), the bean pod borer (Maruca Rico of frozen fruits and vegetables.

testulalis (Geyer)), the bean butterfly 318.585 Application for inspection.

(Lampides boeticus (L.)), the Asiatic 318.5846 Marking of containers.

rice borer (Chilo suppressalis), the 318.58–7 Products as ships' stores or in the mango weevil (Sternochetus possession of passengers and crew.

mangiferae (F.)), the Chinese rose bee318.58-8 Articles and persons subject to in

tle (Adoretus sinicus Burm.), and a cacspection.

tus 318.58–9 Inspection of means of conveyance.

borer (Cactoblastis cactorum 318.58–10 Inspection of baggage, other per

(Berg.)), which are new to or not widely sonal effects, and cargo.

prevalent or distributed within and 318.58–11 Disinfection of means of convey- throughout the United States, and Haance.

waii is therefore quarantined. 318.58-12 Transit of fruits and vegetables

(b) No fruits or vegetables, in the raw from Puerto Rico and the Virgin Islands

or unprocessed state; cut flowers; rice of the United States into or through the

straw; mango seeds; or cactus plants or continental United States. 318.58–13 Movements by the Department of

parts thereof shall be shipped, offered Agriculture.

for shipment to a common carrier, re318.58-14 Parcel post inspection.

ceived for transportation or trans318.58–15 Costs and charges.

ported by a common carrier, or carried, 318.58-16 Cancellation of certificates, tran- transported, moved, or allowed to be sit permits, or limited permits.

moved by any person from Hawaii into

or through the continental United Subpart-Sand, Soil, or Earth, with Plants

States, Guam, Puerto Rico, or the VirFrom Territories and Districts

gin Islands of the United States, in 318.60 Notice of quarantine.

manner or method or under conditions

other than those prescribed in the regSubpart-Guam

ulations hereinafter made or amend

ments thereto: Provided, That whenQUARANTINE

ever the Administrator of the Animal 318.82 Notice of quarantine.

and Plant Health Inspection Service REGULATIONS

shall find that existing conditions as to

the pest risk involved in the movement 318.82–1 Definitions.

of any of the articles to which the reg318.82-2 Movement of regulated articles. 1

ulations supplemental hereto apply, 318.82–3 Costs.

make it safe to modify, by making less AUTHORITY: 7 U.S.C. 150bb, 150dd, 150ee,

stringent, the restrictions contained in 150ff, 161, 162, 164a, and 167; 7 CFR 2.22, 2.80,

any of such regulations, he shall puband 371.2(c).

lish such finding in administrative inSOURCE: 24 FR 10777, Dec. 29, 1959, unless structions specifying the manner in otherwise noted.

which the restrictions shall be made

less stringent, whereupon such modiSubpart-Hawaiian Fruits and fication shall become effective; or he Vegetables

may, when the public interest will per

mit, with respect to the movement of QUARANTINE

any of such articles to Guam, upon re

quest in specific cases and notification 8318.13 Notice of quarantine.

to the person making the request, au(a) Pursuant to section 8 of the Plant thorize their certification under condiQuarantine Act of August 20, 1912, as tions, specified in the certificate to amended (7 U.S.C. 161), and after public carry out the purposes of this subpart, hearing, it has been determined that it that are less stringent than those conis necessary to quarantine Hawaii to tained in the regulations: And provided, prevent the spread of dangerous plant further, That no restrictions are placed diseases and insect infestations, includ- hereby on the movement of cactus ing the Mediterranean fruit

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Islands of the United States, or on the movement of coconuts from Hawaii into or through the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States.

(c) This subpart leaves in full force and effect §318.30 which restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State or certain Territories or Districts of the United States of all varieties of sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and effect §318.60 which restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State or certain Territories or Districts of the United States of sand, soil, or earth about the roots of plants.

(d) Regulations governing the movement of live plant pests designated in this section are contained in part 330 of this chapter.

[28 FR 13280, Dec. 7, 1963, as amended at 33 FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 55 FR 38979, Sept. 24, 1990]

§318.13a Administrative instructions providing exemptions from specified requirements.

(a) The following fruits, vegetables, and other products may be moved from Hawaii into or through Guam without certification or other restriction under this subpart:

(1) [Reserved]

(2) Cut flowers, as defined in §318.13

1.

(3) All fruits and vegetables designated in § 318.13-2(b).

(4) Beets, rutabagas, and turnips; when without tops.

(b) [Reserved]

[33 FR 14621, Oct. 1, 1968, as amended at 54 FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990]

RULES AND REGULATIONS

§318.13-1 Definitions.

For the purpose of the regulations in this subpart the following words, names, and terms shall be construed, respectively, to mean:

Administrator. The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any other em

ployee of the Animal and Plant Health Inspection Service to whom authority has been or may be delegated to act in the Administrator's stead.

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

Cactus plants. Any of various fleshystemmed plants of the botanical family Cactaceae.

Certificate. A document signed by an inspector certifying that a particular ship, vessel, other surface craft, or aircraft, or any specified lot or shipment of fruits or vegetables or other plant materials, via baggage, parcel post, express, freight or other mode of transportation, has been inspected and found apparently free from articles the movement of which is prohibited by the quarantine and regulations in this subpart, and from the plant pests referred to in said quarantine; or that the lot or shipment is of such a nature that no danger of infestation or infection is involved; or that it has been treated in a manner to eliminate infestation. A certificate covering treated products must state the treatment applied.

Commercial shipment. Shipment containing fruits and vegetables that an inspector identifies as having been produced for sale or distribution in mass markets. Such identification will be based on a variety of indicators, including, but not limited to: Quantity of produce, type of packaging, identification of grower and packing house on the packaging, and documents consigning the shipment to a wholesaler or retailer.

Compliance agreement. Any agreement to comply with stipulated conditions as prescribed under §318.13-3(b), §318.13-4(b), or $318.13-4f of this subpart, executed by any person to facilitate the interstate movement of regulated articles under this subpart.

Continental United States. The 48 contiguous States, Alaska, and the District of Columbia.

Cut flowers. Any cut blooms, fresh foliage customarily used in the florist trade, and dried decorative plant material.

Disinfection (disinfect and disinfected). The application to parts or all of a

ship, vessel, other surface craft, or aircraft of a treatment that may be designated by the inspector as effective against such plant pests as may be present. ("Disinfect" and "disinfected" shall be construed accordingly.)

Fruits and vegetables. The more or less succulent portions of food plants, and parts thereof, in raw or unprocessed state, such as bananas, pineapples, potatoes, ginger roots, tomatoes, peppers, mellons, citrus, mangoes, etc.

Inspector. An employee of Plant Protection and Quarantine, or a State plant regulatory official designated by the Administrator to inspect and certify to shippers and other interested parties, as to the condition of the products inspected. To be eligible for designation, a State plant regulatory official must have a bachelor's degree in the biological sciences, a minimum of 2 years' experience in State plant regulatory activities, and a minimum of 2 years' experience in recognizing and identifying plant pests known to occur within Hawaii. Six years' experience in State plant regulatory activities may be substituted for the degree requirement.

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

Limited permit. A document issued by an inspector or a person operating under a compliance agreement for the interstate movement of regulated articles to a specified destination for:

(1) Consumption, limited utilization or processing, or treatment; or

(2) Movement into or through the continental United States in formity with a transit permit.

con

Mango seeds. Seeds of the fruit of mango (Mangifera spp.), fresh or dried.

Means of conveyance. For the purposes of §318.13-17 of this subpart, "means of conveyance" shall mean a ship, truck, aircraft, or railcar.

Moved (move and movement). 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, directly or indirectly, from Hawaii into or through the continental United States, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States (or from or into or

through other places as specified in this subpart). Local intrastate movement is in no way affected by the regulations in this subpart. ("Move" and "movement" shall be construed accordingly.)

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

Plant pests. The injurious insects and plant diseases referred to in §318.13, in any stage of development.

Rice straw. Stems or straw of rice (Oryza sativa), when used as packing material or for other purposes.

Sealed (sealable) container. A completely enclosed container designed for the storage and/or transportation of commercial air, sea, rail, or truck cargo, and constructed of metal or fiberglass, or other similarly sturdy and impenetrable material, providing an enclosure accessed through doors that are closed and secured with a lock or seal. Sealed (sealable) containers used for sea shipments are distinct and separable from the means of conveyance carrying them when arriving in and in transit through the continental United States. Sealed (sealable) containers used for air shipments are distinct and separable from the means of conveyance carrying them before any transloading in the continental United States. Sealed (sealable) containers used for air shipments after transloading in the continental United States or for overland shipments in the continental United States may either be distinct and separable from the means of conveyance carrying them, or be the means of conveyance itself.

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

Transit permit. A written authorization issued by the Administrator for the movement of fruits and vegetables en route to a foreign destination that are otherwise prohibited movement by this subpart into or through the continental United States. Transit permits authorize one or more shipments over a designated period of time.

Transloading. The transfer of cargo from one sealable container to another, from one means of conveyance to another, or from a sealable container directly into a means of conveyance.

United States. The States, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13280, Dec. 7, 1963; 33 FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 54 FR 391, Jan. 6, 1989; 55 FR 38979, Sept. 24, 1990; 56 FR 59207, Nov. 25, 1991; 58 FR 7958, Feb. 11, 1993; 59 FR 66641, Dec. 28, 1994; 61 FR 5924, Feb. 15, 1996; 62 FR 36974, July 10, 1997]

§318.13-2 Regulated articles.

(a)(1) Prohibited movement. Fruits, vegetables, and other products specified in §318.13, and not eligible for inspection and certification under §318.13-4 or otherwise expressly authorized movement either in the regulations in this subpart or in administrative instructions issued by the Administrator of the Animal and Plant Health Inspection Service are prohibited movement.

(2) Avocados which have been moved to Alaska in accordance with §318.13-4g are prohibited movement from Alaska into or through other places in the continental United States, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.

(b) Regulated movement. The movement of the following fruits and vegetables from Hawaii is allowed throughout the year upon compliance with the regulations in this subpart:

Aechmea bracteata (Sw.) Griseb, fruitbearing panicles.

Allium spp., such as chives, garlic, leek, onions, and shallot.

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Burdock, great (Arctium lappa, Lappa major, L. edulis).

Butterbur (Petasites japonicus).

Cabbage (Brassica oleracea).

Cabbage, Chinese (Brassica pekinensis, B. chinensis).

Carrot (Daucus carota satira).

Cassava (Manihot sp.).

Cauliflower (Brassica oleracea [Botrytis group]).

Celery (Apium graveolens).

Chinese spinach (Amaranthus gangeticus). Chrysanthemum, garland (Chrysanthemum coronarium).

Coriander (Coriandrum sativum).
Dandelion (Taraxacum officinale).
Dropwort, water (Oenanthe stolonifera).
Durian (Durio zibethinus)

Foxheads or Nipple fruits mamosum).

Ginger bracts (Zingiber mioga).
Ginger root (Zingiber officinale).
Honewort (Cryptotaenia canadensis).
Jesuit's nut (Trapa bicornis, T. natans).
Kudzu (Pueraria thunbergiana).
Lettuce (Lactuca sativa)

Lily root (Nelumbium nucifera).
Mahogany fruit (Swietenia mahagoni (L.)
Jacq.).

Mustard greens (Brassica spp).

Mugwort (Artemisia vulgaris).

Nightshade, Malabar (Bassella rubra).
Parsley (Petroselinum hortense).
Perilla (Perilla frutescens).

Pineapples (Ananas sativa), smooth Cay

enne.

Pineapple hybrids 53-116, 59-433, D10, and D20 (Ananas Sativa).

(Solanum

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