Plant Quarantine Safeguard Regulations (7 CFR 352.1-352.30)

483 Animal and Plant Health Inspection Service, USDA § 352.1 (6) The foregoing procedure shall not affect the movement of plant material in the international mails in transit through the United States. [24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963] PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS Sec. 352.1 Definitions. 352.2 Purpose; relation to other regulations; applicability; preemption of State and local laws. 352.3 Enforcement and administration. 352.4 Documentation. 352.5 Permit; requirement, form and condi tions. 352.6 Application for permit and approval or denial thereof. 352.7 Notice of arrival. 352.8 Marking requirements. 352.9 Ports. 352.10 Inspection; safeguards; disposal. 352.11 Mail. 352.12 Baggage. 352.13 Certain conditions under which change of Customs entry or diversion is permitted. 352.14 Costs. 352.15 Caution. 352.16–352.28 [Reserved] 352.29 Administrative instructions: Avoca dos from Mexico. 352.30 Untreated oranges, tangerines, and grapefruit from Mexico. AUTHORITY: 7 U.S.C. 7701–7772 and 7781–7786; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 25 FR 1929, Mar. 5, 1960, unless oth erwise noted. § 352.1 Definitions. (a) This part may be cited by the short title: ‘‘Safeguard Regulations.’’ This title shall be understood to in clude both the regulations and admin istrative instructions in this part. (b) Words used in the singular form in this part shall be deemed to import the plural and vice versa as the case may demand. For purposes of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: Administrative instructions. Published documents set forth in this part relat ing to the enforcement of this part, and issued under authority thereof by the Deputy Administrator. Brought in for temporary stay where unloading or landing is not intended. Brought in by carrier but not intended to be unloaded or landed from such car rier. This phrase includes movement (i) departing from the United States on the same carrier directly from the point of arrival therein; and (ii) transiting a part of the United States before departure therefrom, and applies whether movement under Customs pro cedure is as residue cargo or follows some form of Customs entry. Carrier; means of conveyance. Auto mobile, truck, animal-drawn vehicle, railway car, aircraft, ship, or other means of transportation. Customs. The U.S. Customs Service, Department of the Treasury, or, with reference to Guam, the Customs Office of the Government of Guam. Deputy Administrator. The Deputy Ad ministrator of the Plant Protection and Quarantine Programs, or any offi cer or employee of the Plant Protec tion and Quarantine Programs to whom authority has heretofore been delegated or may hereafter be dele gated to act in his stead. Foreign trade zone. A formally pre scribed area containing various phys ical facilities located in or adjacent to ports of entry under the jurisdiction of the United States and established, op erated, and maintained as a foreign trade zone pursuant to the Foreign Trade Zones Act of June 18, 1934 (48 Stat. 998–1003; 19 U.S.C. 81a–81u), as amended, wherein foreign merchandise, as well as domestic merchandise, may be deposited for approved purposes. Movement into and from such area is subject to applicable customs, plant quarantine, and other Federal require ments. Immediate (export, trans-shipment, or transportation and exportation). The pe riod which, in the opinion of the in spector, is the shortest practicable in terval of time between the arrival of an incoming carrier and the departure of the outgoing carrier transporting a consignment of prohibited or restricted products or articles. Inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of Customs and Border Protection, Department of Homeland VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00493 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 484 7 CFR Ch. III (1–1–18 Edition) § 352.1 Security, to enforce the regulations in this part. Intended for unloading and entry at a port other than the port of first arrival. Brought in by carrier at a port for movement to the port of entry under residue cargo procedure of Customs. Other product or article. Any product or article of any character whatsoever (other than plants, plant products, soil, plant pests, and means of conveyance), which an inspector considers may be infested or infected by or contain a plant pest. Owner. The owner, or his agent (in cluding the operator of a carrier), hav ing responsible custody of a plant, plant product, plant pest, soil, or other product or article subject to this part. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company. Plant pest. ‘‘Plant pest’’ means any living stage of: Any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or repro ductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious sub stances, which can directly or indi rectly injure or cause disease or dam age in any plants or parts thereof, or any processed, manufactured, or other products of plants. Plant Protection Act. Title IV of Pub lic Law 106–224, 114 Stat. 438, 7 U.S.C. 7701–7772, which was enacted June 20, 2000. Plant Protection and Quarantine Pro grams. The Plant Protection and Quar antine Programs, Animal and Plant Health Inspection Service, of the U.S. Department of Agriculture. Plants and plant products. Nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, vegetables, and other plant products, and any product constituted, in whole or in part, of plant material which has not been so manufactured or processed as to eliminate pest risk. Port. Any place designated by the President, Secretary of the Treasury, or Congress at which a Customs officer is assigned with authority to accept entries of merchandise, to collect du ties, and to enforce the various provi sions of the Customs and Navigation laws in force at that place. Port of arrival. Any port in the United States at which a prohibited or re stricted product or article arrives. Port of entry. A port at which a speci fied shipment or means of conveyance is accepted for entry or admitted with out entry into the United States. Residue cargo. Shipments authorized by Customs to be transported under the Customs bond of the carrier on which the shipments arrive, without entry being filed, for direct export from the first port of arrival, or to another port for entry or for direct export at that port without entry being required. Safeguard. A procedure for handling, maintaining, or disposing of prohibited or restricted products and articles sub ject to this part so as to eliminate the risk of plant pest dissemination which the prohibited or restricted products and articles may present. Ship. Any means of transportation by water. Soil. The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts. Stores and furnishings. Plants and plant products for use on board a car rier; e.g. as food or decorative mate rial. United States. The States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States, and the territorial waters of the United States adjacent to those land areas. Unloaded or landed for transportation and exportation. Brought in by carrier and transferred to another carrier for transportation to another port for ex portation, whether or not some form of Customs entry is made. Unloaded or landed for transshipment and exportation. Brought in by carrier and transferred to another carrier for exportation from the same port, wheth er or not some form of Customs entry is made. [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 71 FR 49325, Aug. 23, 2006] VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00494 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 485 Animal and Plant Health Inspection Service, USDA § 352.3 § 352.2 Purpose; relation to other regu lations; applicability; preemption of State and local laws. (a) Importations of plants, plant products, plant pests, noxious weeds, soil, and other products and articles that may be infested or infected by or contain plant pests or noxious weeds are exempt from the prohibitions or re strictions contained in parts 319, 330, and 360 of this chapter if they meet one of the conditions in paragraphs (a)(1) through (a)(4) of this section and are moved into the United States and han dled in compliance with this part. Pro vided: That these exemptions do not apply to cotton and covers imported into the United States from any coun try for exportation or transshipment and exportation or transportation and exportation as provided in §§ 319.8 through 319.8–26 of this chapter. More over, the applicable provisions of §§ 330.100 through 330.109 and 330.400 of this chapter also apply to products and articles subject to this part. (1) They are brought in temporarily where loading and landing is not in tended; (2) They are unloaded or landed for transshipment and exportation; (3) They are unloaded or landed for transportation and exportation; or (4) They are intended for unloading and entry at a port other than the port of arrival. (b) Prohibited or restricted products and articles offered for and refused entry into the United States under parts 319, 330, or 360 of this chapter are subject to the applicable provisions in this part regarding their subsequent handling in this country. (c)(1) The provisions in this part apply whether the controls over ar rival, temporary stay, unloading, land ing, transshipment and exportation, or transportation and exportation, or other movement or possession in the United States and Guam are main tained by entry or other procedures of the U.S. Customs Service, Department of the Treasury, or the Customs Office of the Government of Guam, respec tively. Such provisions will apply to arrivals in the United States, including arrivals in a foreign trade zone in the United States to which admission is sought in accordance with the Customs regulations in 19 CFR chapter I. Pro hibited or restricted products and arti cles that have entered the United States, been exported pursuant to this part, and returned to the United States are subject to the applicable require ments of this part upon reentry. (2) Any restrictions and requirements under this part with respect to the ar rival, temporary stay, unloading, land ing, transshipment, exportation, trans portation and exportation, or other movement or possession in the United States of any product or article shall apply to any person who, respectively, brings into, maintains, unloads, lands, transships, exports, transports and ex ports, or otherwise moves or possesses in the United States such product or article, whether he is the person who was required to have a permit for the product or article or a subsequent cus todian of such product or article, and failure to comply with all applicable restrictions and requirements under this part by any such person shall be deemed to be a violation of this part. (d) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not regulate in foreign commerce any article, means of conveyance, plant, bi ological control organism, plant pest, noxious weed, or plant product in order to control a plant pest or noxious weed, to eradicate a plant pest or noxious weed, or to prevent the introduction or dissemination of a biological control organism, plant pest, or noxious weed. [25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010] § 352.3 Enforcement and administra tion. (a) Plants, plant products, plant pests, noxious weeds, soil, and other products and articles subject to the regulations in this part that are un loaded, landed, or otherwise brought or moved into or through the United States in violation of this part may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714). Any person who unloads, lands, or oth erwise brings or moves into or through the United States any regulated plants, plant products, plant pests, noxious VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00495 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 486 7 CFR Ch. III (1–1–18 Edition) § 352.4 weeds, soil, or other products or arti cles in violation of this part will be subject to prosecution under the appli cable provisions of law. (b) Whenever the Deputy Adminis trator of the Plant Protection and Quarantine Programs shall find that existing conditions of danger of plant pest escape or dissemination involved in the arrival, unloading, landing, or other movement, or possession in the United States of plants, plant products, plant pests, noxious weeds, soil, or other products or articles subject to the regulations in this part, make it safe to modify by making less strin gent the restrictions contained in any such regulation, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less strin gent with respect thereto, whereupon such modification shall become effec tive; or he may, upon request in spe cific cases, when the public interests will permit, authorize arrival, unload ing, landing, or other movement, or possession in the United States under conditions that are less stringent than those contained in the regulations in this part. (c) The Deputy Administrator also may set forth and publish, in adminis trative instructions, requirements and conditions for any class of products or articles supplemental to the regula tions in this part, and may promulgate interpretations of this part. (d) The Deputy Administrator shall employ procedures to carry out the purposes of this part which will impose a minimum of impediment to foreign commerce, consistent with proper pre caution against plant pest or noxious weed dissemination. [25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010] § 352.4 Documentation. (a) Manifest. Immediately upon the arrival of a carrier in the United States the owner shall make available to the inspector for examination a complete manifest or other documentation from which the inspector may determine whether there are on board any prohib ited or restricted products or articles subject to this part, other than accom panied baggage and mail. (b) Other documentation. Any notifica tions, reports, and similar documenta tion not specified in the regulations in this part, but necessary to carry out the purpose of the regulations, will be prescribed in administrative instruc tions. (c) Procedure after examination of doc uments. After examination of the car rier cargo manifest or other docu mentation the inspector may notify the owner and the Customs officer that certain products or articles on board the carrier are subject to this part and may not be unloaded or landed for any purpose pending plant quarantine in spection. In such case the owner shall not unload or land such products or ar ticles without authorization by an in spector. § 352.5 Permit; requirement, form and conditions. (a) General. (1) Permits are required for the arrival, unloading or landing, or other movement into or through the United States of plants, plant products, plant pests, noxious weeds, and soil subject to this part. The permit may consist of a general authorization as set out in paragraph (b), (c), or (d) of this section or § 352.11, or it may be a specific permit. A specific permit may be formal or oral except as a formal permit is required by paragraph (c) or (e) of this section. The Deputy Admin istrator may in administrative instruc tions require specific or formal permits for any class of products or articles subject to this part. (2) A formal permit may be issued in prescribed form, in letter form, or a combination thereof. A rubber stamp impression or other endorsement made by the inspector on pertinent Customs documents covering the products or ar ticles involved may constitute the for mal permit in appropriate cases. (b) Permit for prohibited or restricted products or articles brought in for tem porary stay where unloading or landing in the United States is not intended. No permit other than the authorization contained in this paragraph shall be re quired for bringing into the United States any plants, plant products, plant pests, noxious weeds, or soil sub ject to this part for temporary stay where unloading or landing in the VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00496 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 487 Animal and Plant Health Inspection Service, USDA § 352.6 1 Application for such permits should be ad dressed to the Animal and Plant Health In spection Service, Plant Protection and Quar antine, Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, Maryland 20737–1236. United States is not intended, e.g., in connection with residue cargo move ment under Customs procedure, or in connection with Customs entry for ex portation or for transportation and ex portation. This authorization also in cludes transshipment of products and articles under this paragraph from a carrier directly to another carrier of the same company when necessitated by an emergency or operating require ment and effected in accordance with safeguards prescribed in writing or orally by the inspector under § 352.10. (c) Permit for prohibited or restricted products or articles unloaded or landed for immediate transshipment and expor tation, or immediate transportation and exportation. When in the opinion of the inspector it is unnecessary to specify in a formal permit the safeguards re quired to prevent plant pest dissemina tion, plants, plant products, plant pests, noxious weeds, or soil subject to this part may be unloaded or landed for immediate transshipment and expor tation or for immediate transportation and exportation, as provided in § 352.10, with the approval of the inspector and no further permit than the authoriza tion contained in this paragraph; oth erwise a formal permit shall be re quired for such unloading or landing. (d) Permit for restricted products or ar ticles moving as residue cargo from port of first arrival to port of entry. Restricted plants, plant products, plant pests, noxious weeds, or soil subject to this part arriving in the United States for movement under residue cargo proce dures of Customs from a port of first arrival to another port for Customs entry into the United States may be al lowed to so move without permit other than the authorization contained in this paragraph, if the inspector finds that apparently they can meet the ap plicable requirements of parts 319, 330, and 360 of this chapter at the port where entry is to be made; otherwise a formal permit shall be required for such movement. Such restricted prod ucts and articles shall become subject to the applicable permit and other re quirements of parts 319, 330, and 360 of this chapter upon arrival at the port where Customs entry is to be made and shall not be unloaded or landed unless they comply with the applicable re quirements. (e) Formal permits required for certain prohibited or restricted products or arti cles brought into a foreign trade zone. A formal permit must be obtained to bring any prohibited or restricted plants, plant products, plant pests, noxious weeds, or soil subject to the provisions in this part, into a foreign trade zone for storage, manipulation, or other handling, except for imme diate transshipment and exportation or for immediate transportation and ex portation. Special conditions to safe guard such storage, manipulation, or other possession or handling may be specified in the permit, and when so specified shall be in addition to any other applicable requirements of this part or the safeguards prescribed by the inspector or otherwise under this part. [25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010] § 352.6 Application for permit and ap proval or denial thereof. (a) Plants and plant products (includ ing noxious weeds). Except as otherwise provided in this paragraph, any person desiring to unload or land, or otherwise move into or through the United States, any plants or plant products for which a specific permit is required by § 352.5, shall in the case of prohibited plants or plant products, and should in the case of restricted plants or plant products, in advance of arrival in the United States of the plants or plant products, submit an application for a permit to the Plant Protection and Quarantine Programs, 1 stating such of the following information as is rel evant: The name and address of the im porter, the approximate quantity and kind of plants and plant products it is desired to import under this part, the country where grown, the United States port of arrival, the United States port of export, the proposed VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00497 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 488 7 CFR Ch. III (1–1–18 Edition) § 352.7 2 Application for permits should be made to the Plant Protection and Quarantine Pro grams, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. routing from the port of arrival to the port of exportation, means of transpor tation to be employed (i.e., mail, air mail, express, air express, freight, air freight, baggage), and the name and ad dress of the agent representing the im porter. Applications may be made on forms provided for the purpose by the Plant Protection and Quarantine Pro grams, or orally, or by letter, tele gram, or other means of communica tion furnishing all the information re quired by this paragraph. Applications need not be made for shipments han dled under general authorizations set forth in § 352.5 (b), (c), or (d), or in § 352.11. (b) Plant pests. Any person desiring to unload or land, or otherwise move into or through the United States, any plant pest for which a specific permit is required by § 352.5 shall, in advance of the arrival of the plant pests in the United States, submit an application to the Plant Protection and Quar antine Programs 2 for a permit as speci fied by § 330.201 of this chapter. (c) Soil. Any person desiring to bring into or unload or land, or otherwise move into or through the United States, any soil for which a specific permit is required by § 352.5 shall, in advance of the arrival of the soil in the United States, submit an application for permit to the Plant Protection and Quarantine Programs 2 as specified by § 330.300(b) of this chapter. (d) Constructive oral application. If a permit has not been issued in advance of arrival, application for any required permit (other than a formal permit) shall be considered to have been made orally to the inspector at the port of arrival by presentation of the shipment for entry or its listing on the manifest or other documentation, but this shall not excuse failure to make timely ap plication as required by this section. Express application is required for a formal permit. (e) Approval or denial of permits. Upon approval of the application, the permit will be issued. Any conditions nec essary to eliminate danger of plant pest or noxious weed dissemination may be specified in the permit, or oth erwise as provided in § 352.10. Permits will be denied if, in the opinion of the Deputy Administrator, it is not pos sible to prescribe conditions adequate to prevent danger of plant pest or nox ious weed dissemination by the plants, plant products, plant pests, or soil in volved. (Approved by the Office of Management and Budget under control number 0579–0049) [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994; 75 FR 68952, Nov. 10, 2010] § 352.7 Notice of arrival. Immediately upon arrival of any shipment of plants or plant products (including noxious weeds) subject to this part and covered by a specific per mit, the importer shall submit to an inspector notice of such arrival using a form provided for that purpose (Form PPQ–368) and, where relevant, the pro posed routing to the proposed U.S. port of exit. Forms will be submitted using a U.S. Government electronic informa tion exchange system or other author ized method. Notice of arrival shall not be required for other products or arti cles subject to this part since other available documentation meets the re quirement for this notice. (Approved by the Office of Management and Budget under control number 0579–0049) [81 FR 40150, June 21, 2016] § 352.8 Marking requirements. Prohibited and restricted products and articles subject to this part shall be adequately marked or otherwise identified by documentation to indi cate their nature. § 352.9 Ports. The arrival, unloading, landing, or possession of plants, plant products, plant pests, noxious weeds, soil, or other products or articles subject to this part shall not be allowed at points within the United States other than at the ports specified in the Customs Reg ulations in 19 CFR 1.1 and 19 CFR 6.13, and Agana, Guam, or such other ports as may be named in permits or admin istrative instructions. Restrictions on VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00498 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 489 Animal and Plant Health Inspection Service, USDA § 352.10 3 The Deputy Administrator, Plant Protec tion and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. De partment of Agriculture, Washington, DC 20250. the ports which may be used for par ticular types of handling of any prod ucts or articles subject to this part may be specified generally in adminis trative instructions or in permits in specific cases. When ports are specified in permits or otherwise, the arrival, unloading, landing, or possession of the products or articles involved at other ports will not be allowed except as the inspector may authorize changes in the ports specified. [25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010] § 352.10 Inspection; safeguards; dis posal. (a) Inspection and release. Prohibited and restricted products and articles subject to this part shall be subject to inspection at the port of first arrival in accordance with § 330.105(a) of this chapter and shall not be released by Customs officers for unloading, land ing, or other onward movement or entry until released by an inspector or a Customs officer on behalf of an in spector in accordance with the proce dure prescribed in § 330.105(a) of this chapter. If diversion or change of Cus toms entry is not permitted for any movements authorized under this part, the inspector at the original port of Customs entry shall appropriately en dorse Customs documents to show that fact. However, the inspector at the U.S. port of export may approve diversion or change of Customs entry to permit movement to a different foreign coun try, or entry into the United States, subject to all other applicable require ments under this part or parts 319, 330, or 360 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs 3 for information as to applicable conditions. If diversion or change of Customs entry is desired at port, confirmation will be given by the Plant Protection and Quarantine Programs to the appropriate Customs officers and Plant Protection and Quar antine Programs inspectors. (b) Safeguards. (1) The unloading, landing, retention on board as stores and furnishings or cargo, trans shipment and exportation, transpor tation and exportation, onward movment to the port of entry as res idue cargo or under a Customs entry for immediate transportation, and other movement or possession within the United States of prohibited or re stricted products and articles under this part shall be subject to such safe guards as may be prescribed in the per mits and this part and any others which, in the opinion of the inspector, are necessary and are specified by him to prevent plant pest or noxious weed dissemination. In the case of prohibited or restricted products or articles sub ject to this part which are unloaded or landed for transshipment and expor tation or transportation and expor tation, or for onward movement to the port of entry as residue cargo or under a Customs entry for immediate trans portation, this shall include necessary safeguards with respect to any move ment within the port area between the point of arrival and the point of tem porary storage, other handling, or point of departure, including a foreign trade zone. Prohibited and restricted products and articles subject to this part which are unloaded or landed for transshipment and exportation or transportation and exportation, or for onward movement as residue cargo or under a Customs entry for immediate transportation, shall be transshipped, or transported and exported from the United States, or moved onward imme diately. This shall mean the shortest practicable interval of time commensu rate with the risk of plant pest or nox ious weed dissemination required to transfer the products or articles from one carrier to another and to move them onward or from the United States. If, in the opinion of the inspec tor, considerations of risk of plant pest or noxious weed dissemination require, such movement shall be made without regard to the noncompetitive or com petitive relations of the carriers con cerned, and the inspector shall prompt ly report to the Plant Protection and VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00499 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 490 7 CFR Ch. III (1–1–18 Edition) § 352.10 Quarantine Programs the cir cumstances when the emergency is so acute that subsequent movement is re quired on a carrier of a company other than the one bringing the products or articles to the United States or on which onward movement was con templated by the shipper or forwarding carrier. Prohibited or restricted plants, plant products, plant pests, and soil which were intended for entry into the United States under parts 319, 330, or 360 of this chapter, or for movement into or through the United States under this part, and which were refused such entry or movement before unload ing or landing, or which were refused such entry or movement after unload ing or landing and are immediately re loaded on the same carrier, may be re tained on board pending removal from the United States or other disposal, but shall be subject to the safeguards specified under this section. Prohibited or restricted products and articles which were refused entry or movement under said parts after unloading or landing and which are not immediately reloaded in accordance with this sec tion shall be subject to such safeguard action as the inspector deems nec essary to carry out the purposes of this part. (2) Safeguards prescribed by an in spector under this section shall be pre scribed to the owner by the inspector in writing except that the inspector may prescribe the safeguards orally when, in his opinion, the circumstances and related Customs procedures do not require written notice to the owner of the safeguards to be followed by the owner. In prescribing safeguards, the relevant requirements of parts 319, 330, or 360 of this chapter and this part shall be considered. The safeguards pre scribed shall be the minimum required to prevent plant pest or noxious weed dissemination. Destruction or expor tation shall be required only when no less drastic measures are deemed by the inspector to be adequate to prevent plant pest or noxious weed dissemina tion. The inspector may follow admin istrative instructions promulgated for certain situations, or he may follow a procedure selected by him from admin istratively approved methods known to be effective in similar situations. In the case of aircraft that are contami nated with insect pests, only an insec ticidal formulation, approved for use in aircraft, may be so applied as an emer gency measure. If the application is not effective against the insect pests or if other pests must be safeguarded against, the inspector shall report the circumstances promptly to the Plant Protection and Quarantine Programs and receive instructions as to safe guards that will not have a deleterious effect on the structure of the aircraft or its operating equipment. In pre scribing safeguards consideration will be given to such factors as: (i) The nature and habits of the plant pests known to be, or likely to be, present with the plants, plant prod ucts, soil, or other products or articles. (ii) Nature of the plants, plant prod ucts, plant pests, soil, or other prod ucts or articles. (iii) Nature of containers or other packaging and adequacy thereof to pre vent plant pest or noxious weed dis semination. (iv) Climatic conditions as they may have a bearing on plant pest dispersal, and refrigeration if provided. (v) Routing pending exportation. (vi) Presence of soil. (vii) Construction or physical condi tion and type of carrier. (viii) Facilities for treatment in ac cordance with part 305 of this chapter, or for incineration or other destruc tion. (ix) Availability of transportation fa cilities for immediate exportation. (x) Any other related factor which should be considered, such as intent to export to an adjacent or nearby coun try. (c) Disposal. (1) If prohibited or re stricted products or articles subject to this part are not safeguarded in accord ance with measures prescribed under this part, or cannot be adequately safe guarded to prevent plant pest or nox ious weed dissemination, they shall be seized, destroyed, or otherwise disposed of according to law. Whenever disposal action is to be taken by the inspector he shall notify the local Customs offi cer in advance. (2) When a shipment of any products or articles subject to this part has been VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00500 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 491 Animal and Plant Health Inspection Service, USDA § 352.15 handled in accordance with all condi tions and safeguards prescribed in this part and in the permit and by the in spector, the inspector shall inform the local Customs officer concerned of the release of such products or articles, in appropriate manner. [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 4253, Jan. 26, 2010; 75 FR 68952, Nov. 10, 2010] § 352.11 Mail. (a) Transit mail. (1) Plants, plant products, plant pests, noxious weeds, and soil which arrive in the United States in closed dispatches by inter national mail or international parcel post and which are in transit through the United States to another country shall be allowed to move through the United States without further permit than the authorization contained in this section. Notice of arrival shall not be required as other documentation meets the requirement for this notice. (2) Inspectors ordinarily will not in spect transit mail or parcel post, whether transmitted in open mail or in closed dispatches. They may do so if it comes to their attention that any such mail or parcel post contains prohibited or restricted products or articles which require safeguard action. Inspection and disposal in such cases will be made in accordance with this part and part 330 of this chapter, and in conformity with regulations and procedures of the Post Office Department for handling transit mail and parcel post. (b) Importation for exportation. Plants and plant products to be imported for exportation, by mail, will be handled under permit in accordance with Part 351 of this chapter. [25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010] § 352.12 Baggage. Products or articles subject to this part which are contained in baggage shall be subject to the requirements of this part in the same manner as cargo. § 352.13 Certain conditions under which change of Customs entry or diversion is permitted. When plants, plant products, plant pests, noxious weeds, and soil released for exportation, transshipment and ex portation, or transportation and expor tation, under this part, have met all applicable permit and other require ments for importation, including in spection and treatment, as provided in parts 319, 330, or 360 of this chapter, the form of Customs entry may be changed and the shipment may be diverted at any time to permit delivery of the products and articles to a destination in the United States, so far as the re quirements in this part are involved. The Customs officer concerned at the original port of Customs entry shall be informed by the inspector that such re lease has been made and that such change of entry or diversion is ap proved under this part by appropriate endorsement of Customs documents. [25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010] § 352.14 Costs. All costs incident to the inspection, handling, safeguarding, or other dis posal of prohibited or restricted prod ucts or articles under the provisons in this part shall be borne by the owner. Services of the inspector during regu larly assigned hours of duty at the usual places of duty shall be furnished without cost to the person requesting the services, unless a user fee is pay able under § 354.3 of this chapter. [56 FR 14844, Apr. 12, 1991] § 352.15 Caution. In applying safeguards or taking other measures prescribed under the provisions in this part, it should be un derstood that inexactness or careless ness may result in injury or damage. It should also be understood by the own ers that emergency measures pre scribed by the inspector to safeguard against plant pest or noxious weed dis semination may have adverse effects on certain products and articles and that they will take the calculated risk VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00501 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 492 7 CFR Ch. III (1–1–18 Edition) §§ 352.16–352.28 of such adverse effects of authorized measures. [25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010] §§ 352.16–352.28 [Reserved] § 352.29 Administrative instructions: Avocados from Mexico. Avocados from Mexico may be moved through the United States to destina tions outside the United States only in accordance with this section. (a) Permits. Before moving the avoca dos through the United States, the owner must obtain a formal permit in accordance with § 352.6 of this part. (b) Ports. The avocados may enter the United States only at the following ports: Galveston or Houston, Texas; the border ports of Nogales, Arizona, or Brownsville, Eagle Pass, El Paso, Hi dalgo, or Laredo, Texas; or at other ports within that area of the United States specified in paragraph (f) of this section. (c) Notice of arrival. At the port of ar rival, the owner must provide notifica tion of the arrival of the avocados in accordance with § 352.7 of this part. (d) Inspection. The owner must make the avocados available for examination by an inspector. The avocados may not be moved from the port of arrival until released by an inspector. (e) Shipping requirements. The avoca dos must be moved through the United States either by air or in a refrigerated truck or refrigerated rail car or in re frigerated containers on a truck or rail car. If the avocados are moved in re frigerated containers on a truck or rail car, an inspector must seal the con tainers with a serially numbered seal at the port of arrival. If the avocados are removed in a refrigerated truck or refrigerated rail car, an inspector must seal the truck or rail car with a seri ally numbered seal at the port of ar rival. If the avocados are transferred to another vehicle or container in the United States, an inspector must be present to supervise the transfer and must apply a new serially numbered seal. The avocados must be moved through the United States under Cus toms bond. (f) Shipping areas. Avocados moved by truck or rail car may transit only that area of the United States bounded on the west and south by a line extending from El Paso, Texas, to Salt Lake City, Utah, to Portland, Oregon, and due west from Portland; and on the east and south by a line extending from Brownsville, Texas, to Galveston, Texas, to Kinder, Louisiana, to Mem phis, Tennessee, to Louisville, Ken tucky, and due east from Louisville. All cities on these boundary lines are included in this area. If the avocados are moved by air, the aircraft may not land outside this area. Avocados that enter the United States at Nogales, Ar izona, must be moved to El Paso, Texas, by the route specified on the formal permit. [52 FR 27671, July 23, 1987, as amended at 54 FR 43167, Oct. 23, 1989] § 352.30 Untreated oranges, tan gerines, and grapefruit from Mex ico. The following provisions shall apply to the movement into or through the United States under this part of un treated oranges, tangerines, and grape fruit from Mexico in transit to foreign countries via United States ports on the Mexican border. (a) Untreated fruit; general—(1) Permit and notice of arrival required. The owner shall, in advance of shipment of un treated oranges, tangerines, or grape fruit from Mexico via United States ports to any foreign country, procure a formal permit as provided in § 352.6, or application for permit may be sub mitted to the inspector at the port in the United States through which the shipment will move. Notice of arrival of such fruit shall be submitted as re quired by § 352.7. (2) Origin: period of entry. Such fruit may enter from any State in Mexico throughout the year, in accordance with requirements of this section and other applicable provisions in this part. (3) Cleaning refrigerated containers prior to return to the United States from Canada. Refrigerated containers that have been used to transport untreated oranges, tangerines, or grapefruit from Mexico through the United States to Canada shall be carefully swept and freed from all fruit, as well as boxes and rubbish, by the carrier involved prior to reentry into the United States. VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00502 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 493 Animal and Plant Health Inspection Service, USDA § 352.30 4 If there is a question as to whether pack aging is adequate, send a request for ap proval of the packaging, together with a sample of the packaging, to the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, Center for Plant Health Science and Technology, 1730 Varsity Drive, Suite 400, Raleigh, NC 27606. 5 To obtain this permit, contact the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Permit Unit, 4700 River Road Unit 133, Riverdale, MD 20737. (4) Inspection; safeguards. (i) Each shipment under paragraph (a) of this section shall be subject to such inspec tions and safeguards as are required by this section and such others as may be prescribed by the inspector pursuant to § 352.10. (ii) Untreated oranges, tangerines, and grapefruit arriving from Mexico at authorized ports in the United States for movement to a foreign country shall be loaded into refrigerated con tainers and preinspected by an inspec tor for freedom of citrus leaves before entry into the United States or be ac companied by an acceptable certificate from an inspector as to such freedom. Refrigerated containers loaded with untreated oranges, tangerines, and grapefruit that are not free of such leaves will be denied entry into the United States. (iii) All refrigerated containers used to transport untreated fruit from Mex ico through the United States to a for eign country under this paragraph (a) shall be subject to any treatment in ac cordance with part 305 of this chapter at the port of first arrival and else where as may be required by the in spector, pursuant to this part, in order to prevent plant pest dissemination. (b) Additional conditions for overland movement of certain untreated fruit. Un treated oranges, tangerines, and grape fruit from Mexico may move overland through the United States to a foreign country only in accordance with the following additional conditions: (1) Ports of entry. Such fruit may enter only at Nogales, AZ, or Eagle Pass, El Paso, or Laredo, TX. (2) General transit conditions. The fol lowing conditions apply to all ship ments of untreated oranges, tan gerines, and grapefruit from Mexico transiting the United States for move ment to a foreign country: (i) The fruit must be packed in in sect-proof boxes or crates that prevent the escape or entry of adult, larval, or pupal fruit flies. 4 (ii) Boxes or cartons of fruit must be enclosed in sealed, refrigerated con tainers of the type commonly used by the maritime or commercial trucking industry. An official seal must be ap plied to the container at the port of entry. The seal must not be removed except by an inspector, or after the shipment has left the United States. (iii) The temperature in the refrig erated containers in which the fruit is transported must be maintained at 60 °F or lower. (iv) If the seal on the containers in which such fruit is shipped is found to have been broken, for any reason, be fore the container leaves the United States, or if the cooling system in the containers fails at any point during transit, an inspector at the port of entry must be contacted immediately. (v) A transportation and exportation permit must be issued by an inspector for each shipment. This permit can be obtained from APHIS headquarters. 5 (vi) If untreated fruit is transloaded to another container while in the United States, the transloading must be supervised by an inspector and a re placement official seal must be applied to the container to which the fruit is moved. (vii) Shipments of such fruit must move by direct route, in Customs bond and under official seal, without diver sion or change of entry en route, from the port of entry to the port of exit or to an approved port in the United States for export to another foreign country. (viii) Shipments of such fruit may not traverse the counties of Cameron, Hidalgo, Starr, or Willacy, TX. Ship ments of such fruit may only traverse areas listed under each type of carrier listed below. (3) Truck movement. Trucks may haul refrigerated containers of such fruit from Mexico to shipside, or to approved refrigerated storage pending lading aboard ship, in Corpus Christi, Gal veston, or Houston, TX, or alongside VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00503 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 494 7 CFR Ch. III (1–1–18 Edition) § 352.30 railway carriers or aircraft at the ports named in paragraph (b)(2) of this sec tion for movement to a foreign coun try. Shipments of such fruit via truck may traverse only the territory within the United States bounded on the west by a line starting at Laredo, TX, on to El Paso, TX, to Salt Lake City, UT, and then to Portland, OR, and on the east by a line drawn from Laredo, TX to Hebbronville, TX, to Corpus Christi, TX, to Galveston, TX, to Kinder, LA, to Memphis, TN, and then to Louis ville, KY, and routes directly north ward. (4) Rail movement. Shipments must move by direct route from the port of entry to the port of exit or to an ap proved North Atlantic port in the United States for export to another foreign country, as follows: The fruit may be entered at Nogales, AZ, only for direct rail routing to El Paso, TX, after which it shall traverse only the territory bounded on the west by a line drawn from Laredo, TX, to El Paso, TX, to Salt Lake City, UT, and then to Portland, OR, and on the east by a line drawn from Laredo, TX, to Hebbronville, TX, to Corpus Christi, TX, to Galveston, TX, to Kinder, LA, to Memphis, TN, and then to Louis ville, KY, and routes directly north ward. Such fruit may also enter the United States from Mexico at any port listed in paragraph (b)(1) of this sec tion, for direct eastward rail move ment, without diversion en route, for reentry into Mexico. (5) Air cargo movement. Shipments of such fruit may move by direct route as air cargo, without change of entry while in the United States en route from the port of entry, to Canada. If an emergency occurs en route to the port of export that will require trans shipment to another carrier, an inspec tor at the port of entry must be con tacted immediately. (c) Additional conditions for movement of certain untreated fruit by water route. Untreated oranges, tangerines, and grapefruit from Mexico may move from Mexico to a foreign country by water route through the United States under this section only in accordance with the following additional conditions: (1) Ports of entry. Such oranges, tan gerines, and grapefruit may enter only at New York, Boston, or such other North Atlantic ports in the United States as may be named in permits, for exportation, or at Galveston, Texas, for exportation by water route. (2) Routing through North Atlantic ports. Such fruit entering via North At lantic ports in the United States shall move by direct water route to New York or Boston, or to such other North Atlantic ports as may be named in the permit only for immediate direct ex port by water route to any foreign country, or for immediate transpor tation and exportation in Customs bond by direct rail route to Canada. (d) Restriction on diversion or change of Customs entry. Diversion or change of Customs entry shall not be permitted with movements authorized under paragraph (b) (4) or (5) or paragraph (c) of this section and the inspector at the original port of Customs entry shall appropriately endorse the Customs doc uments to show that fact: Provided, That the inspector at such port of entry may, when consistent with the purposes of this part, approve diversion or change of Customs entry to permit movement to a different foreign coun try or entry into the United States subject to all other applicable require ments under this part or part 319 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs for information as to appli cable conditions. If diversion or change of entry is approved at such a port, confirmation will be given by the Plant Protection and Quarantine Programs to appropriate Customs officers and Plant Protection and Quarantine Pro grams inspectors. (e) Untreated fruit from certain munici palities in Mexico. Oranges, tangerines, and grapefruit in transit to foreign countries may be imported from cer tain municipalities in Mexico that meet the criteria of § 319.56–5 for free dom from fruit flies in accordance with the applicable conditions in part 319 of this chapter. (f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico that have been treated in Mexico in accordance with part 305 of this chapter may be VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00504 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 495 Animal and Plant Health Inspection Service, USDA § 353.1 moved through the United States ports for exportation in accordance with the regulations in part 319 of this chapter. (g) Costs. Costs shall be borne by the owner of the fruit as provided in § 352.14. This includes all costs for preinspection and convoying of loaded trucks and supervision of transloading from trucks to approved carriers or storage in United States ports when augmented inspection service has to be provided for such preinspection, con voying, and supervision. (Approved by the Office of Management and Budget under control number 0579–0303) [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 55 FR 23066, June 6, 1990; 56 FR 13066, Mar. 29, 1991; 67 FR 46578, July 16, 2002; 71 FR 49325, Aug. 23, 2006; 72 FR 39528, July 18, 2007; 75 FR 4253, Jan. 26, 2010] PART 353—EXPORT CERTIFICATION Sec. 353.1 Definitions. 353.2 Purpose and administration. 353.3 Where service is offered. 353.4 Products covered. 353.5 Application for certification. 353.6 Inspection. 353.7 Certificates. 353.8 Accreditation of non-government fa cilities. 353.9 Standards for accreditation of non government facilities to perform labora tory seed health testing and seed crop phytosanitary inspection. AUTHORITY: 7 U.S.C. 7701–7772 and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 61 FR 15368, Apr. 8, 1996, unless otherwise noted. § 353.1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Agent. An individual who meets the eligibility requirements set forth in § 353.6, and who is designated by the Animal and Plant Health Inspection Service to conduct phytosanitary field inspections of seed crops to serve as a basis for the issuance of phytosanitary certificates. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Consignment. One shipment of plants or plant products, from one exporter, to one consignee, in one country, on one means of conveyance; or any mail shipment to one consignee. Export certificate for processed plant products. A certificate (PPQ Form 578 or an approved electronic equivalent) issued by an inspector, describing the plant health condition of processed or manufactured plant products based on inspection of submitted samples and/or by virtue of the processing received. Family. An inspector or agent and his or her spouse, their parents, children, and first cousins. Industry-issued certificate. A certifi cate issued by a representative of the concerned agricultural or forestry in dustry under the terms of a written agreement with the Animal and Plant Health Inspection Service, giving as surance that a plant product has been handled, processed, or inspected in a manner required by a foreign govern ment. An industry-issued certificate includes an ISPM 15 quality/treatment mark. Inspector. An employee of the Animal and Plant Health Inspection Service, or a State or county plant regulatory offi cial designated by the Secretary of Ag riculture to inspect and certify to ship pers and other interested parties, as to the phytosanitary condition of plant products inspected under the Act. Non-government facility. A laboratory, research facility, inspection service, or other entity that is maintained, at least in part, for the purpose of pro viding laboratory testing or phytosanitary inspection services and that is not operated by the Federal Government or by the government of a State or a subdivision of a State. Office of inspection. The office of an inspector of plants and plant products covered by this part. Phytosanitary certificate. A certificate (PPQ Form 577 or an approved elec tronic equivalent) issued by an inspec tor, giving the phytosanitary condition of domestic plants or unprocessed or unmanufactured plant products based on inspection of the entire lot or rep resentative samples drawn by a Federal VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00505 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