Bees, Beekeeping Byproducts, and Beekeeping Equipment (7 CFR 322.1-322.35)

415 Animal and Plant Health Inspection Service, USDA Pt. 322 (c) Outdoor household articles and mo bile homes and their associated equip ment. (1) Outdoor household articles and mobile homes and their associated equipment that are destined for a U.S. infested area and will not be moved through any U.S. noninfested areas may be imported from any area in Can ada without restriction under this sub part. (2) Outdoor household articles and mobile homes and their associated equipment that are being moved from a Canadian noninfested area may be im ported into any area of the United States without restriction under this subpart. (3) Outdoor household articles and mobile homes and their associated equipment that are being moved from a Canadian infested area into a U.S. non infested area, or that will be moved through a U.S. noninfested area, may be imported into the United States only if they are accompanied by a statement, signed by their owner, stat ing that they have been inspected and found free of gypsy moth. (Approved by the Office of Management and Budget under control number 0579–0142) [64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38176, June 20, 2000; 69 FR 61589, Oct. 20, 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, July 19, 2006] § 319.77–5 Disposition of regulated ar ticles denied entry. Any regulated article that is denied entry into the United States because it does not meet the requirements of this subpart must be promptly safeguarded or removed from the United States. If the article is not promptly safeguarded or removed from the United States, it may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714). [64 FR 45866, Aug. 23, 1999, as amended at 66 FR 21057, Apr. 27, 2001] PART 322—BEES, BEEKEEPING BY PRODUCTS, AND BEEKEEPING EQUIPMENT Subpart A—General Provisions Sec. 322.1 Definitions. 322.2 General requirements for interstate movement and importation. 322.3 Costs and charges. Subpart B—Importation of Adult Honey bees, Honeybee Germ Plasm, and Bees Other Than Honeybees From Ap proved Regions 322.4 Approved regions. 322.5 General requirements. 322.6 Export certificate. 322.7 Notice of arrival. 322.8 Packaging of shipments. 322.9 Mailed packages. 322.10 Inspection; refusal of entry. 322.11 Ports of entry. 322.12 Risk assessment procedures for ap proving countries. Subpart C—Importation of Restricted Organisms 322.13 General requirements; restricted or ganisms. 322.14 Documentation; applying for a permit to import a restricted organism. 322.15 APHIS review of permit applications; denial or revocation of permits. 322.16 Packaging of shipments. 322.17 Mailed packages. 322.18 Restricted organisms in a commercial vehicle arriving at a land border port in the United States. 322.19 Inspection; refusal of entry. 322.20 Ports of entry. 322.21 Post-entry handling. Subpart D—Transit of Restricted Organisms Through the United States 322.22 General requirements. 322.23 Documentation. 322.24 Packaging of transit shipments. 322.25 Notice of arrival. 322.26 Inspection and handling. 322.27 Eligible ports for transit shipments. Subpart E—Importation and Transit of Restricted Articles 322.28 General requirements; restricted arti cles. 322.29 Dead bees. 322.30 Export certificate. 322.31 Notice of arrival. 322.32 Mailed packages. 322.33 Restricted articles in a commercial bonded vehicle arriving at a land border port in the United States. 322.34 Inspection; refusal of entry. 322.35 Ports of entry. AUTHORITY: 7 U.S.C. 281; 7 U.S.C. 7701–7772 and 7781–7786; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 69 FR 61747, Oct. 21, 2004, unless otherwise noted. VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00425 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 416 7 CFR Ch. III (1–1–18 Edition) § 322.1 Subpart A—General Provisions § 322.1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or an individual 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 Agriculture. Bee. Any member of the superfamily Apoidea in any life stage, including germ plasm. Beekeeping byproduct. Material for use in hives, including, but not limited to, beeswax for beekeeping, pollen for bee feed, or honey for bee feed. Beekeeping equipment. Equipment used to house and manage bees, includ ing, but not limited to, bee boards, hive bodies, bee nests and nesting material, smokers, hive tools, gloves or other clothing, and shipping containers. Beekeeping establishment. All of the facilities, including apiaries, honey houses, and other facilities, and land that comprise a proprietor’s bee keeping business. Brood. The larvae, pupae, or postovipositional ova (including em bryos) of bees. Destination State. The State, district, or territory of the United States that is the final destination of imported bees, beekeeping byproducts, or bee keeping equipment. Germ plasm. The semen and preovipositional ova of bees. Hive. A box or other shelter con taining a colony of bees. Honeybee. Any live bee of the genus Apis in any life stage except germ plasm. Inspector. Any employee of the Ani mal and Plant Health Inspection Serv ice, or other individual authorized by the Administrator to carry out the pro visions of this part. Office International des Epizooties (OIE). The organization in the Food and Agriculture Organization of the United Nations responsible for the International Animal Health Code, which includes a section regarding bee diseases in international trade. Package bees. Queen honeybees with attendant adult honeybees placed in a shipping container, such as a tube or cage. Queen. The actively reproducing adult female in a colony of bees. Slumgum. Residue remaining after the beeswax rendering process. It is composed of beeswax mixed with debris or refuse that accumulates when wax cappings or comb are melted. The res idue can include wax moth cocoons, dead bees, bee parts, and other detritus from the colony. Undesirable species or subspecies of honeybees. Honeybee species or sub species including, but not limited to, Apis mellifera scutellata, commonly known as the African honeybee, and its hybrids; Apis mellifera capensis, com monly known as the Cape honeybee; and Apis cerana, commonly known as the Oriental honeybee. United States. The States, District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. § 322.2 General requirements for inter state movement and importation. (a) Interstate movement. (1) The fol lowing regions of the United States are considered pest-free areas for Varroa mite, tracheal mite, small hive beetle, and African honeybee: Hawaii. (2) In order to prevent the introduc tion of Varroa mite, tracheal mite, small hive beetle, and African hon eybee into the pest-free areas listed in paragraph (a)(1) of this section, inter state movement of honeybees into those areas is prohibited. (b) Importation. In order to prevent the introduction into the United States of bee diseases and parasites, and unde sirable species and subspecies of honey bees: (1) You may import bees, honeybee germ plasm, and beekeeping byprod ucts into the United States only in ac cordance with this part. (2) You may not import pollen de rived from bee colonies and intended for use as bee feed into the United States. (3)(i) You may not import used bee keeping equipment into the United States, unless that used beekeeping equipment either: VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 417 Animal and Plant Health Inspection Service, USDA § 322.5 1 Information on costs for services of an in spector are contained in part 354 of this chapter. (A) Will be used solely for indoor dis play purposes and will not come into contact with indigenous bees; or (B) Consists of bee boards that con tain live brood of bees, other than hon eybees, from a region listed in § 322.4(c). (ii) New, unused beekeeping equip ment is eligible for importation into the United States if it complies with all applicable regulations in this chap ter. (c) Movements not in compliance. (1) Any honeybees, honeybee germ plasm, bees other than honeybees, beekeeping byproducts, or used beekeeping equip ment not in compliance with this part that are imported into the United States will be either: (i) Immediately exported from the United States by you at your expense; or (ii) Destroyed by us at your expense. (2) Pending exportation or destruc tion, we will immediately apply any necessary safeguards to the bees, bee keeping byproducts, or used bee keeping equipment to prevent the in troduction of bee diseases and parasites, and undesirable species and subspecies of honeybees into the United States. § 322.3 Costs and charges. We will furnish, without cost, the services of an inspector during normal business hours and at the inspector’s places of duty. You will be responsible for all costs and charges arising from inspection outside of normal business hours or away from the inspector’s places of duty. 1 You are also respon sible for all costs and charges related to any exportation or destruction of shipments, in accordance with § 322.2(c)(1). Further, if you import bees or germ plasm into a containment fa cility for research or processing, you will be responsible for all additional costs and charges associated with the importation. Subpart B—Importation of Adult Honeybees, Honeybee Germ Plasm, and Bees Other Than Honeybees From Approved Regions § 322.4 Approved regions. (a) Adult honeybees. The following re gions are approved for the importation of adult honeybees into the continental United States (not including Hawaii) under the conditions of this subpart: Australia, Canada, and New Zealand. (b) Honeybee germ plasm. The fol lowing regions are approved for the im portation of honeybee germ plasm into the United States under the conditions of this subpart: Australia, Bermuda, Canada, France, Great Britain, New Zealand, and Sweden. (c) Bees other than honeybees. The fol lowing regions are approved for the im portation of bees other than honeybees into the continental United States (not including Hawaii) under the conditions of this subpart: Canada. (d) If the name of the region from which you want to import adult honey bees, honeybee germ plasm, or bees other than honeybees into the United States does not appear in paragraphs (a), (b), or (c), respectively, of this sec tion, refer to subpart C of this part, ‘‘Importation of Restricted Orga nisms,’’ for requirements. (e) For information on approving other regions for the importation of adult honeybees, honeybee germ plasm, or bees other than honeybees into the United States, see § 322.12. § 322.5 General requirements. (a) All shipments of bees and hon eybee germ plasm imported into the United States under this subpart must be shipped directly to the United States from an approved region. (b) Adult honeybees. (1) You may im port adult honeybees under this sub part only from regions listed in § 322.4(a). (2) The honeybees must be package bees or queens with attending adult bees. (c) Honeybee germ plasm. You may im port honeybee germ plasm under this subpart only from regions listed in § 322.4(b). VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 418 7 CFR Ch. III (1–1–18 Edition) § 322.6 (d) Bees other than honeybees. (1) You may import live adult bees or live brood and essential nest substrate under this subpart only from regions listed in § 322.4(c). (2) The live bees or brood must be long to one of the following species: (i) Bumblebees of the species Bombus impatiens; (ii) Bumblebees of the species Bombus occidentalis; (iii) Alfalfa leafcutter bee (Megachile rotundata); (iv) Blue orchard bee (Osmia lignaria); or (v) Horn-faced bee (Osmia cornifrons). (3) If you want to import species of bees other than those listed in para graph (d)(2) of this section, refer to subpart C of this part, ‘‘Importation of Restricted Organisms,’’ for require ments. § 322.6 Export certificate. Each shipment of bees and honeybee germ plasm arriving in the United States from an approved region must be accompanied by an export certifi cate issued by the appropriate regu latory agency of the national govern ment of the exporting region. (a) Adult honeybees. (1) For adult hon eybees, the export certificate must: (i) Certify that the hives from which the honeybees in the shipment were de rived were individually inspected by an official of the regulatory agency no more than 10 days prior to export; (ii) Identify any diseases, parasites, or undesirable species or subspecies of honeybee found in the hive during that preexport inspection; and (iii) Certify that the bees in the ship ment were produced in the exporting region and are the offspring of bees or semen also produced in the exporting region. (2) If the export certificate identifies a bee disease or parasite of concern to the United States, including, but not limited to, Thai sacbrood virus, Tropilaelaps clareae, and Euvarroa sinhai, or an undesirable species or sub species of honeybee, including, but not limited to, the Cape honeybee (Apis mellifera capensis) and the Oriental hon eybee (Apis cerana), as occurring in the hive from which the shipment was de rived, we will refuse the shipment’s entry into the United States. (b) Honeybee germ plasm. (1) For hon eybee germ plasm, the export certifi cate must: (i) Certify that the hives from which the germ plasm in each shipment was derived were individually inspected by an official of the regulatory agency no more than 10 days prior to export; (ii) Identify any diseases, parasites, or undesirable species or subspecies of honeybee found in the hive during that preexport inspection; and (iii) Certify that the bees in the hives from which the shipment was derived were produced in the exporting region and are the offspring of bees or semen also produced in the exporting region. (2) If the export certificate identifies a bee disease or parasite of concern to the United States, including, but not limited to, Thai sacbrood virus, Tropilaelaps clareae, and Euvarroa sinhai, or an undesirable species or sub species of honeybee, including, but not limited to, the Cape honeybee (Apis mellifera capensis) and the Oriental hon eybee (Apis cerana), as occurring in the hive from which the shipment was de rived, we will refuse the shipment’s entry into the United States. (c) Bees other than honeybees. For bees other than honeybees, the export cer tificate must certify that the bees in the shipment were produced in the ex porting region and are the offspring of bees or semen also produced in the ex porting region. (Approved by the Office of Management and Budget under control number 0579–0207) § 322.7 Notice of arrival. (a) At least 10 business days prior to the arrival in the United States of any shipment of bees or honeybee germ plasm imported into the United States under this subpart, you must notify APHIS of the impending arrival. Your notification must include the following information: (1) Your name, address, and tele phone number; (2) The name and address of the re ceiving apiary; (3) The name, address, and telephone number of the producer; (4) The U.S. port where you expect the shipment to arrive. The port must VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 419 Animal and Plant Health Inspection Service, USDA § 322.10 be staffed by an APHIS inspector (see § 322.11); (5) The date you expect the shipment to arrive at that U.S. port; (6) The scientific name(s) of the orga nisms in the shipment; (7) A description of the shipment (i.e., package bees, queen bees, nest boxes, etc.); and (8) The total number of organisms you expect to receive. (b) You must provide the notification to APHIS through one of the following means: (1) By mail to the Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riv erdale, MD 20737–1236; or (2) By facsimile at (301) 734–8700; or (3) By electronic mail to Notification@usda.gov, or (4) Using a U.S. Government elec tronic information exchange system or other authorized method. (Approved by the Office of Management and Budget under control number 0579–0207) [69 FR 61747, Oct. 21, 2004, as amended at 81 FR 40150, June 21, 2016] § 322.8 Packaging of shipments. (a) Adult honeybees. All shipments of adult honeybees imported into the United States under this subpart: (1) Must be packaged to prevent the escape of any bees or bee pests; (2) Must not include any brood, comb, pollen, or honey; and (3) May include sugar water or crys tallized sugar (e.g., candy) for use as food during transit. (b) Bees other than honeybees—(1) Adult bees. All adult bees other than honeybees imported into the United States must be packaged to prevent the escape of any bees or bee pests. (2) Live brood. For live brood of bees other than honeybees, packages: (i) Must be securely closed; (ii) May not include any soil, except for that which is present in nest cells that include developing, immature bees; (iii) May include only packing mate rials that were grown or produced in the exporting region and that meet all other applicable requirements of this chapter, such as the regulations per taining to unmanufactured wood in part 319 of this chapter and the plant pest regulations in part 330 of this chapter; and (iv) May consist of brood housed in new or used bee boards, provided the bee boards meet all applicable require ments of this part. § 322.9 Mailed packages. (a) If you import a package of honey bees, honeybee germ plasm, or bees other than honeybees under this sub part through the mail or through com mercial express delivery, you must mark all sides of the outside of that package with the contents of the ship ment, i.e., ‘‘Live Bees,’’ ‘‘Bee Germ Plasm,’’ or ‘‘Live Bee Brood,’’ and the name of the exporting region. The marking must be clearly visible using black letters at least 1 inch in height on a white background. (b) If you import a package of honey bees, honeybee germ plasm, or bees other than honeybees under this sub part through commercial express deliv ery, you must provide an accurate de scription of the complete contents of the shipment, i.e., ‘‘Live Bees,’’ ‘‘Bee Germ Plasm,’’ or ‘‘Live Bee Brood,’’ for the shipment’s delivery manifest entry. (c) In addition to the export certifi cate required in § 322.6, a package of honeybees, honeybee germ plasm, or bees other than honeybees imported under this subpart by commercial ex press delivery must be accompanied at the time of arrival in the United States by an invoice or packing list accu rately indicating the complete con tents of the shipment. § 322.10 Inspection; refusal of entry. (a) Shipments of honeybees, hon eybee germ plasm, and bees other than honeybees imported into the United States under this subpart will be in spected at the port of entry in the United States for: (1) Proper documentation (see § 322.6); (2) Timely notice of arrival (see § 322.7); and (3) Adequate packaging (see § 322.8). (b) If, upon inspection, any shipment fails to meet the requirements of this part, that shipment will be refused entry into the United States. In ac cordance with § 322.2(c), the inspector will offer you, or in your absence the VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00429 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 420 7 CFR Ch. III (1–1–18 Edition) § 322.11 2 To find out if a specific port is staffed by an APHIS inspector, or for a list of ports staffed by APHIS inspectors, contact Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1236; toll-free (877) 770– 5990; fax (301) 734–8700. shipper, the opportunity to imme diately export any refused shipments. If you, or in your absence the shipper, decline to immediately export the ship ment, we will destroy the shipment at your expense. § 322.11 Ports of entry. Shipments of honeybees, honeybee germ plasm, and bees other than hon eybees imported under this subpart may enter the United States only at a port of entry staffed by an APHIS in spector. 2 § 322.12 Risk assessment procedures for approving countries. (a) The national government of the region wishing to export must request that we perform a risk assessment for the importation into the United States of honeybees, honeybee germ plasm, or bees other than honeybees from that region. (b) When we receive a request, we will evaluate the science-based risks associated with such importation. Our risk assessment will be based on infor mation provided by the exporting re gion, information from topical sci entific literature, and, if applicable, in formation we gain from a site visit to the exporting region. The risk assess ment will include: (1) Identification of all bee diseases, including fungi, bacteria, viruses, mycoplasmas, and protozoa, that occur in the exporting region but not in the United States or that are listed as sig nificant for international trade by the Office International des Epizooties (OIE); (2) Identification of all bee parasites, including mites, that occur in the ex porting region but not in the United States or that are listed as significant for international trade by the OIE; (3) Identification of all species and subspecies of honeybees that occur in the exporting region but not in the United States or that are listed as sig nificant for international trade by the OIE, if applicable; (4) Identification of all pests of bee culture, such as the small hive beetle, that occur in the exporting region but not in the United States or that are listed as significant for international trade by the OIE; (5) Evaluation of the probability of establishment, including pathway, entry, colonization, and spread poten tials, of any diseases, parasites, unde sirable species or subspecies of honey bees, or pests identified in accordance with paragraphs (b)(1), (2), (3), or (4) of this section; (6) Evaluation of the potential con sequences of establishment, including economic, environmental, and per ceived social and political effects, of each disease, parasite, undesirable spe cies or subspecies of honeybees, or pest identified in accordance with para graphs (b)(1), (2), (3), or (4) of this sec tion; and (7) Consideration of the effectiveness of the regulatory system of the export ing region to control bee diseases, parasites, undesirable species and sub species of honeybees, and pests that occur there and to prevent occurrences of new bee diseases, parasites, undesir able species and subspecies of honey bees, and pests. (c) Based on the conclusions of the risk assessment, we will either: (1) Publish in the FEDERAL REGISTER a notice of proposed rulemaking to allow honeybees, honeybee germ plasm, or bees other than honeybees to be imported into the United States from that region; or (2) Deny the request in writing, stat ing the specific reasons for that action. (d) We will publish a notice of avail ability of all completed risk assess ments for public comment. (Approved by the Office of Management and Budget under control number 0579–0207) Subpart C—Importation of Restricted Organisms § 322.13 General requirements; re stricted organisms. (a) For the purposes of this part, the following are restricted organisms: (1) Honeybee brood in the comb; (2) Adult honeybees from any region other than those listed in § 322.4(a); VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00430 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 421 Animal and Plant Health Inspection Service, USDA § 322.14 3 Mail your completed application to Per mit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1236. A PPQ Form 526 may be obtained by writing to the same address, calling toll-free (877) 770–5990, faxing your request to (301) 734–8700, or downloading the form from http://www.aphis.usda.gov/ppq/ ss/permits/pests/. (3) Honeybee germ plasm from any region other than those listed in § 322.4(b); and (4) Bees other than honeybees, in any life stage, from any region other than those listed in § 322.4(c) or any species of bee other than those listed in § 322.5(d)(2). (b) Persons importing restricted or ganisms into the United States must be Federal, State, or university re searchers; be at least 18 years of age; and be physically present during nor mal business hours at an address with in the United States specified on the permit during any periods when arti cles are being imported or moved inter state under the permit. All such impor tations must be for research or experi mental purposes and in accordance with this part. [69 FR 61747, Oct. 21, 2004, as amended at 79 FR 19811, Apr. 10, 2014] § 322.14 Documentation; applying for a permit to import a restricted orga nism. Any restricted organism imported into the United States must be accom panied by both a permit, in accordance with paragraph (a) of this section, and an invoice or packing list accurately indicating the complete contents of the shipment, in accordance with para graph (b) of this section. (a) Permit. You must submit a com pleted application for a permit to im port restricted organisms at least 30 days prior to scheduling arrival of those organisms. You may import a re stricted organism only if we approve your application and issue you a per mit. Our procedures for reviewing per mit applications are provided in § 322.15. To apply for a permit, you must supply, either on a completed PPQ Form 526 or in some other written form, the following information: 3 (1) Applicant information. Your name, title, organization, address, telephone number, facsimile number, and elec tronic mail address (provide all that are applicable). (2) Application type. New permit, per mit renewal, or amendment to existing permit (if a renewal or amendment, provide the current permit number). (3) Type of movement. Select or write ‘‘Import into the United States.’’ (4) Scientific name of organism. Genus, species, subspecies or strain, and au thor (if known). (5) Type of organism. Select or write ‘‘Bees and/or bee germ plasm.’’ (6) Taxonomic classification. Family of restricted organisms. (7) Life stage(s). Semen, preovipositional eggs, embryos, postovipositional eggs, larvae, pupae, or adults. If adult queens, please speci fy. (8) Number of shipments. (9) Number of specimens per ship ment. (10) Is the organism established in the United States? (11) Is the organism established in the destination State? (12) Media or species of host material accompanying the organism (e.g., pol len, honey, wax, nesting material). (13) Source of organism (include any that apply, and list region of origin). Sup plier (provide supplier’s name and ad dress), wild collected, or reared under controlled conditions. (14) Method of shipment. Airmail, ex press delivery (list company name). (15) Port(s) of entry. (16) Approximate date(s) of arrival at the port of entry. (17) Destination. Provide the address of the location where the organism will be received and maintained, including building and room numbers where ap plicable. (18) Intended use (include any that apply). Select or write ‘‘Scientific Study.’’ (19) Has your facility been evaluated by APHIS? If yes, list date(s) of ap proval. Is your facility approved for the species of bees or bee germ plasm for which you are seeking a permit? (20) Provide your signature and the date of your signature under the fol lowing certification: ‘‘I certify that all statements and entries I have made on this document are true and accurate to the best of my knowledge and belief. I VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00431 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 422 7 CFR Ch. III (1–1–18 Edition) § 322.15 4 If a State regulatory official does not re spond within 20 business days, we will con clude that the State has chosen to make no recommendation regarding the issuance of the permit. understand that any intentional false statement or misrepresentation made on this document is a violation of law and punishable by a fine of not more than $10,000, or imprisonment of not more than 5 years, or both. (18 U.S.C. 1001).’’ If you are required to have a sponsor for your permit application, your sponsor must also sign and date under the same certification. (b) Invoice. Any restricted organism must be accompanied at the time of ar rival in the United States by an invoice or packing list accurately indicating the complete contents of the shipment and the exporting region. (Approved by the Office of Management and Budget under control number 0579–0207) [69 FR 61747, Oct. 21, 2004, as amended at 79 FR 19811, Apr. 10, 2014] § 322.15 APHIS review of permit appli cations; denial or revocation of per mits. (a) Review of permit applications to im port restricted organisms—(1) Consulta tion. During our review of your permit application, we may consult with any Federal officials; appropriate officials of any State, Territory, or other juris diction in the United States in charge of research or regulatory programs rel ative to bees; and any other qualified governmental or private research lab oratory, institution, or individual. We will conduct these consultations to gain information on the risks associ ated with the importation of the re stricted organisms. (2) Review by destination State. We will transmit a copy of your permit applica tion, along with our anticipated deci sion on the application, to the appro priate regulatory official in the des tination State for review and rec ommendation. A State’s response, which we will consider before taking final action on the permit application, may take one of the following forms: (i) The State recommends that we issue the permit; (ii) The State recommends that we issue the permit with specified addi tional conditions; (iii) The State recommends that we deny the permit application and pro vides scientific, risk-based reasons sup porting that recommendation; or (iv) The State makes no rec ommendation, thereby concurring with our decision regarding the issuance of the permit. 4 (b) Results of review. After a complete review of your application, we will ei ther: (1) Issue you a written permit with, if applicable, certain specific conditions listed for the importation of the re stricted organisms you applied to im port. You must initial each condition on the proposed permit and return the proposed permit conditions to the Per mit Unit before we will issue you a signed valid permit; or (2) Notify you that your application has been denied and provide reasons for the denial. (c) Denial of permit applications. APHIS will deny an application for a permit to import a restricted organism regulated under this subpart when, in its opinion, such movement would in volve a danger of dissemination of an exotic bee disease or parasite, or an un desirable species or subspecies of hon eybee. Danger of such dissemination may be deemed to exist when: (1) Existing safeguards against dis semination are inadequate and no ade quate safeguards can be arranged; or (2) The potential for disseminating an exotic bee disease or parasite, or an undesirable species or subspecies of honeybee, with the restricted organism outweighs the probable benefits that could be derived from the proposed movement and use of the restricted or ganism; or (3) When you, as a previous per mittee, failed to maintain the safe guards or otherwise observe the condi tions prescribed in a previous permit and have failed to demonstrate your ability or intent to observe them in the future; or (4) The proposed movement of the re stricted organism is adverse to the con duct of an eradication, suppression, control, or regulatory program of APHIS. (5) APHIS may also deny a permit to import restricted organisms: VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00432 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 423 Animal and Plant Health Inspection Service, USDA § 322.17 (i) To a person who has previously failed to comply with any APHIS regu lation, except: (A) A permit revoked in an investiga tion concerning that failure has been reinstated on appeal, at the discretion of APHIS; or (B) All measures ordered by APHIS to correct the failure, including but not limited to, payment of penalties or restitution, have been complied with to the satisfaction of APHIS. (ii) To a person who has previously failed to comply with any inter national or Federal regulation or in struction concerning the importation of prohibited or restricted foreign agri cultural products; or (iii) If the application for a permit contains information that is found to be materially false, fraudulent, decep tive, or misrepresentative. (d) Cancellation of permits. (1) APHIS may cancel any outstanding permit whenever: (i) We receive information subse quent to the issuance of the permit of circumstances that would constitute cause for the denial of an application for permit under paragraph (c) of this section; or (ii) You, as the permittee, fail to maintain the safeguards or otherwise observe the conditions specified in the permit or in any applicable regula tions. (2) Upon cancellation of a permit, you must either: (i) Surrender all restricted organisms to an APHIS inspector; or (ii) Destroy all restricted organisms under the supervision of an APHIS in spector. (e) Appealing the denial of permit appli cations or revocation of permits. If your permit application has been denied or your permit has been revoked, APHIS will inform you in writing, including by electronic methods, as promptly as circumstances permit and will include the reasons for the denial or revoca tion. You may appeal the decision by writing to APHIS within 10 business days from the date you received the communication notifying you of the denial or revocation of the permit. Your appeal must state all facts and reasons upon which you are relying to show that your permit application was wrongfully denied or your permit was wrongfully revoked. APHIS will grant or deny the appeal in writing and will state in writing the reason for the deci sion. The denial or revocation will re main in effect during the resolution of the appeal. (Approved by the Office of Management and Budget under control number 0579–0207) [69 FR 61747, Oct. 21, 2004, as amended at 79 FR 19811, Apr. 10, 2014] § 322.16 Packaging of shipments. (a) Restricted organisms must be packed in a container or combination of containers that will prevent the es cape of the organisms and the leakage of any contained materials. The con tainer must be sufficiently strong to prevent it from rupturing or breaking during shipment. (b) The outer container must be clearly marked with the contents of the shipment, i.e., either ‘‘Live Bees,’’ ‘‘Bee Germ Plasm,’’ or ‘‘Live Bee Brood,’’ and the name of the region of origin. (c) Only approved packing materials may be used in a shipment of restricted organisms. (1) The following materials are ap proved as packing materials: Absorbent cotton or processed cotton padding free of cottonseed; cages made of processed wood; cellulose materials; excelsior; felt; ground peat (peat moss); paper or paper products; phenolic resin foam; sawdust; sponge rubber; thread waste, twine, or cord; and vermiculite. (2) Other materials, such as host ma terial for the organism, soil, or other types of packing material, may be in cluded in a container only if identified in the permit application and approved by APHIS on the permit. § 322.17 Mailed packages. (a) If you import a restricted orga nism through the mail or through com mercial express delivery, you must at tach a special mailing label (APHIS Form 599), which APHIS will provide with your permit, to the package or container. The mailing label indicates that APHIS has authorized the ship ment. (b) You must address the package containing the restricted organism to VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 424 7 CFR Ch. III (1–1–18 Edition) § 322.18 5 To find out if a specific port is staffed by an APHIS inspector, or for a list of ports staffed by APHIS inspectors, contact Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1236; toll-free (877) 770– 5990; fax (301) 734–8700. 6 For a list of approved facilities, or to ar range to have a facility inspected by APHIS, contact Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737– 1236; toll-free (877) 770–5990. the containment facility or apiary identified on the permit (post office boxes are not allowed). (c) If the restricted organism arrives in the mail without the mailing label described in paragraph (a) of this sec tion or addressed to a containment fa cility or apiary other than the one list ed on the permit, an inspector will refuse to allow the organism to enter the United States. § 322.18 Restricted organisms in a commercial vehicle arriving at a land border port in the United States. (a) If you import a restricted orga nism through a land border port in the United States by commercial vehicle (i.e., automobile or truck), then the person carrying the restricted orga nism must present the permit required by § 322.14 and an invoice or packing slip accurately indicating the complete contents of the shipment to the inspec tor at the land border port. (b) The restricted organisms must be surrendered at the port of entry and can continue on to the destination identified on the permit only by a bonded carrier (commercial express de livery). (c) If you fail to present a copy of the permit and an invoice or packing list accurately indicating the complete contents of the shipment at the port of entry, an inspector will refuse the or ganism’s entry to the United States or confiscate and destroy the refused ma terial. (Approved by the Office of Management and Budget under control number 0579–0207) § 322.19 Inspection; refusal of entry. (a) APHIS may inspect any restricted organism at the time of importation to determine if the organism meets all of the requirements of this part. (b) If, upon inspection, any shipment fails to meet the requirements of the regulations, that shipment will be re fused entry into the United States. In accordance with § 322.2(c), the inspector will offer the shipper the opportunity to immediately export any refused shipments. If the shipper declines to immediately export the shipment, we will destroy the shipment at his or her expense. § 322.20 Ports of entry. A restricted organism may be im ported only at a port of entry staffed by an APHIS inspector. 5 After a re stricted organism has been cleared for importation at the port of entry, the organism can only be transported by a bonded commercial carrier imme diately and directly from the port of entry to the containment facility or apiary identified on the permit. You may open the package containing the restricted organism only within the containment facility or apiary identi fied on the permit. (Approved by the Office of Management and Budget under control number 0579–0207) § 322.21 Post-entry handling. (a) Immediately following clearance at the port of entry, a restricted orga nism must move by a bonded commer cial carrier directly to a containment facility or apiary that has been in spected and approved by APHIS. 6 We must inspect and approve the contain ment facility or apiary before we will issue a permit to import a restricted organism. (b) Inspection of premises. Prior to issuing a permit to import restricted organisms, we will inspect the apiary or containment facility where you in tend to contain the restricted orga nisms. In order to approve the apiary or containment facility, an inspector must determine that adequate safe guards are in place to prevent the re lease of diseases or parasites of bees, or of undesirable species or strains of hon eybees. We will use the following cri teria to determine whether adequate safeguards are in place: (1) Enclosed containment facilities. (i) Will the facility’s entryways, windows, and other structures, including water, VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00434 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 425 Animal and Plant Health Inspection Service, USDA § 322.21 air, and waste handling systems, con tain the restricted organisms, parasites and pathogens, and prevent the entry of other organisms and unauthorized visitors? (ii) Does the facility have operational and procedural safeguards in place to prevent the escape of the restricted or ganisms, parasites, and pathogens, and to prevent the entry of other orga nisms and unauthorized visitors? (iii) Does the facility have a means of inactivating or sterilizing restricted organisms and any breeding materials, pathogens, parasites, containers, or other material? (2) Containment apiaries. (i) Is the api ary located in an area devoid of indige nous bees and sufficiently isolated to prevent contact between indigenous bees and imported restricted orga nisms? Is the area extending from the apiary to the nearest indigenous bees constantly unsuitable for foraging indi viduals of the imported restricted orga nisms? (ii) Does the apiary have sufficient physical barriers to prevent the entry of unauthorized visitors? (iii) Does the apiary have operational and procedural safeguards in place to prevent the escape of the restricted or ganisms, parasites, and pathogens, and to prevent the entry of other orga nisms and unauthorized visitors? (iv) Does the apiary have a means of inactivating or sterilizing restricted organisms, and any hives, wax, patho gens, parasites, containers, or other materials? (3) Containment apiaries for honey bees resulting from germ plasm im ported from nonapproved regions. (i) Does the apiary have sufficient physical barriers to prevent the entry of unauthorized visitors? (ii) Are there sufficient physical bar riers (e.g., excluders) in hives in the apiary to prevent the escape of all adult queen and drone honeybees re sulting from the germ plasm? (iii) Does the apiary have operational and procedural safeguards in place to prevent the escape of all queen and drone honeybees resulting from the germ plasm? (iv) Does the apiary have a means of destroying colonies of honeybees with undesirable characteristics that may result from imported germ plasm? (c) Holding in containment. (1) If we issue a permit for importing restricted organisms into an approved contain ment facility or apiary, you may not remove or release the restricted orga nisms, or the progeny or germ plasm resulting from the restricted orga nisms, from the apiary or facility with out our prior approval. (2) You must allow us to inspect the apiary or facility and all documents as sociated with the importation or hold ing of restricted organisms at any time to determine whether safeguards are being maintained to prevent the re lease of the restricted organisms, their progeny and germ plasm, parasites, and pathogens. (3) You must inform us immediately, but no later than 24 hours after detec tion, if restricted organisms escape from the facility (d) Release from containment apiary or facility. (1) After rearing the restricted organisms in an approved containment facility or apiary through at least 4 months of active reproduction with no evidence of nonindigenous parasites or pathogens or of undesirable character istics, you may submit a request to us for the release of the bees. The request must include: (i) Inspection protocols; (ii) Inspection frequencies; (iii) Names and titles of inspectors; (iv) Complete information, including laboratory reports, on detection of dis eases and parasites in the population; (v) Complete notes and observations on behavior, such as aggressiveness and swarming; and (vi) Any other information or data relating to bee diseases, parasites, or adverse species or subspecies. (2) Mail your request for release to the Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1236, or fax to (301) 734–8700. (3) When we receive a complete re quest for release from containment, we will evaluate the request and deter mine whether the bees may be released. Our evaluation may include an envi ronmental assessment or environ mental impact statement prepared in accordance with the National Environ mental Policy Act. We may conduct an VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00435 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 426 7 CFR Ch. III (1–1–18 Edition) § 322.22 additional inspection of the bees during our evaluation of the request. You will receive a written statement as soon as circumstances allow that approves or denies your request for release of the bees. (Approved by the Office of Management and Budget under control number 0579–0207) Subpart D—Transit of Restricted Organisms Through the United States § 322.22 General requirements. (a) You may transit restricted orga nisms from any region through the United States to another region only in accordance with this part. For a list of restricted organisms, see § 322.13(a). (b) You may ship restricted orga nisms only aboard aircraft to the United States for transit to another country. (c) You may transload a shipment of restricted organisms only once during the shipment’s entire transit through the United States and only at an air port in the continental United States. You may not transload restricted orga nisms in Hawaii. In Hawaii, the re stricted organisms must remain on, and depart for another destination aboard, the same aircraft on which the shipment arrived at the Hawaiian air port. § 322.23 Documentation. Each shipment of restricted orga nisms transiting the United States must be accompanied by a document issued by the appropriate regulatory authority of the national government of the region of origin stating that the shipment has been inspected and deter mined to meet the packaging require ments in § 322.24. § 322.24 Packaging of transit ship ments. (a) Restricted organisms transiting the United States must be packaged in securely closed and completely en closed containers that prevent the es cape of organisms and the leakage of any contained materials. The container must be sufficiently strong and durable to prevent it from rupturing or break ing during shipment. (b) In addition to the requirements in paragraph (a) of this section, each pal let of cages containing honeybees transiting the United States must be covered by an escape-proof net that is secured to the pallet so that no honey bees can escape from underneath the net. (c) The outside of the package must be clearly marked with the contents of the transit shipment, i.e., either ‘‘Live Bees,’’ ‘‘Bee Germ Plasm,’’ or ‘‘Live Bee Brood,’’ and the name of the ex porting region. § 322.25 Notice of arrival. At least 2 business days prior to the expected date of arrival of restricted organisms at a port in the continental United States for in-transit movement, you or your shipper must contact the port to give the following information: (a) The name of each U.S. airport where the shipment will arrive; (b) The name of the U.S. airport where the shipment will be transloaded (if applicable); (c) The date of the shipment’s arrival at each U.S. airport; (d) The date of the shipment’s depar ture from each U.S. airport; (e) The names, phone numbers, and addresses of both the shipper and re ceiver; (f) The number of units in the ship ment (i.e., number of queens or number of cages of package bees); and (g) The name of the airline carrying the shipment. (Approved by the Office of Management and Budget under control number 0579–0207) § 322.26 Inspection and handling. (a) All shipments of restricted orga nisms transiting the United States are subject to inspection at the port in the United States for compliance with this part. If, upon inspection, a transit ship ment of restricted articles is found not to meet the requirements of this part, we will destroy the shipment at your expense. (b) Transloading—(1) Adult bees. You may transload adult bees from one air craft to another aircraft at the port of arrival in the United States only under the supervision of an inspector. If the adult bees cannot be transloaded im mediately to the subsequent flight, you VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00436 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 427 Animal and Plant Health Inspection Service, USDA § 322.32 7 To find out if a specific port is staffed by an APHIS inspector, or for a list of ports staffed by APHIS inspectors, contact Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1236; toll-free (877) 770– 5990; fax (301) 734–8700. must store them within a completely enclosed building. Adult bees may not be transloaded from an aircraft to ground transportation for subsequent movement through the United States. (2) Bee germ plasm. You may transload bee germ plasm from one aircraft to another at the port of arrival in the United States only under the super vision of an inspector. § 322.27 Eligible ports for transit ship ments. You may transit restricted orga nisms only through a port of entry staffed by an APHIS inspector. 7 Subpart E—Importation and Transit of Restricted Articles § 322.28 General requirements; re stricted articles. (a) The following articles from any region are restricted articles: (1) Dead bees of any genus; (2) Beeswax for beekeeping; and (3) Honey for bee feed. (b) Restricted articles may only be imported into or transit the United States in accordance with this part. § 322.29 Dead bees. (a) Dead bees imported into or transiting the United States must be either: (1) Immersed in a solution containing at least 70 percent alcohol or a suitable fixative for genetic research; (2) Immersed in liquid nitrogen; or (3) Pinned and dried in the manner of scientific specimens. (b) Dead bees are subject to inspec tion at the port of entry in the United States to confirm that the require ments of paragraph (a) of this section have been met. § 322.30 Export certificate. Each shipment of restricted articles, except for dead bees, imported into or transiting the United States must be accompanied by an export certificate issued by the appropriate regulatory agency of the national government of the exporting region. The export cer tificate must state that the articles in the shipment have been treated as fol lows: (a) Beeswax. Must have been lique fied, and slumgum and honey must be removed. (b) Honey for bee feed. Heated to 212 °F (100 °C) for 30 minutes. (Approved by the Office of Management and Budget under control number 0579–0207) § 322.31 Notice of arrival. (a) At least 10 business days prior to the arrival in the United States of any shipment of restricted articles, you must notify APHIS of the impending arrival. Your notification must include the following information: (1) Your name, address, and tele phone number; (2) The name and address of the re cipient of the restricted articles; (3) The name, address, and telephone number of the producer; (4) The date you expect to receive the shipment; (5) A description of the contents of the shipment (i.e., dead bees, honey for bee feed, etc.); and (6) The total number of restricted ar ticles you expect to receive. (b) You must provide the notification to APHIS through one of the following means: (1) By mail to the Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riv erdale, MD 20737–1236; or (2) By facsimile at (301) 734–8700; or (3) By electronic mail to Notification@usda.gov, or (4) Using a U.S. Government elec tronic information exchange system or other authorized method. (Approved by the Office of Management and Budget under control number 0579–0207) [69 FR 61747, Oct. 21, 2004, as amended at 81 FR 40150, June 21, 2016] § 322.32 Mailed packages. (a) If you import a restricted article through the mail or through commer cial express delivery, you must mark all sides of the outside of that package with the contents of the shipment and the name of the exporting region. The VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 428 7 CFR Ch. III (1–1–18 Edition) § 322.33 marking must be clearly visible using black letters at least 1 inch in height on a white background. (b) If you import a restricted article through commercial express delivery, you must provide an accurate descrip tion of the complete contents of the shipment for the shipment’s delivery manifest entry. (c) In addition to the export certifi cate required in § 322.30 (if applicable), a restricted article that is imported by mail or commercial express delivery must be accompanied by an invoice or packing list accurately indicating the complete contents of the shipment. (Approved by the Office of Management and Budget under control number 0579–0207) § 322.33 Restricted articles in a com mercial bonded vehicle arriving at a land border port in the United States. If you import a restricted article through a land border port in the United States by commercial vehicle (i.e., automobile or truck), then the person carrying the package con taining the restricted article or the driver of the vehicle must present the export certificate required by § 322.30 (if applicable) and an invoice or packing slip accurately indicating the complete contents of the shipment to the inspec tor at the land border port. § 322.34 Inspection; refusal of entry. (a) You must present shipments of re stricted articles to the inspector at the port of entry in the United States. Shipments of restricted articles must remain at the port of entry until re leased by the inspector. (b) The inspector at the port will con firm that all shipments of restricted articles have proper documentation (see § 322.30) and that you provided no tice of arrival for all shipments of re stricted articles (see § 322.32). (c) If, upon inspection, any shipment fails to meet the requirements of this part, that shipment will be refused entry into the United States. In ac cordance with § 322.2(c), the inspector will offer you, or in your absence the shipper, the opportunity to imme diately export any refused shipments, or confiscate and destroy the refused shipments. (Approved by the Office of Management and Budget under control number 0579–0207) § 322.35 Ports of entry. A restricted article may be imported only at a port of entry staffed by an APHIS inspector. To find out if a spe cific port is staffed by an APHIS in spector, or for a list of ports staffed by APHIS inspectors, contact Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, Maryland 20737– 1236; toll-free (877) 770–5990; fax (301) 734–8700. PART 330—FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUAR RY PRODUCTS; GARBAGE Subpart—General Provisions Sec. 330.100 Definitions. 330.101 Policy. 330.102 Basis for certain regulations. 330.103 Documentation. 330.104 Ports of entry. 330.105 Inspection. 330.106 Emergency measures. 330.107 Costs. 330.108 Authority to issue administrative instructions. 330.109 Caution. 330.110 Seals. 330.111 Advance notification of arrival of aircraft and watercraft. Subpart—Movement of Plant Pests 330.200 Movement of plant pests regulated; permits required. 330.201 Applications for permits to move plant pests. 330.202 Consideration of applications for permits to move plant pests. 330.203 Action on applications for permits to move plant pests; form of and condi tions in permits. 330.204 Denial or cancellation of permits; re considerations. 330.205 Disposal of plant pests when permits are canceled. 330.206 Permits for plant pest movement as sociated with National Defense projects. 330.207 Permits for movement of organisms issued by other agencies. 330.208 Courtesy permits. 330.209 Permits for means of conveyance. 330.210 Packing materials and containers for plant pest movement; host materials. VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00438 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R