Federal Plant Pest Regulations; General; Plant Pests; Soil, Stone, and Quarry Products; Garbage (7 CFR 330.100-330.403)

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 ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 429 Animal and Plant Health Inspection Service, USDA § 330.100 330.210a Administrative instructions listing approved packing materials for plant pests. 330.211 Labeling of plant pests for move ment under permits. 330.212 Movement of plant pests by baggage. Subpart—Movement of Soil, Stone, and Quarry Products 330.300 Soil from foreign countries or Terri tories or possessions. 330.300a Administrative instructions ex empting soil from parts of Canada from certain restrictions. 330.301 Stone and quarry products from cer tain areas in Canada. 330.302 Domestic movements of earth (in cluding soil), stone, etc. Subpart—Garbage 330.400 Regulation of certain garbage. 330.401 Garbage generated onboard a con veyance. 330.402 Garbage generated in Hawaii. 330.403 Compliance agreement and cancella tion. AUTHORITY: 7 U.S.C. 450, 7701–7772, 7781–7786, and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 24 FR 10825, Dec. 29, 1959, unless otherwise noted. Subpart—General Provisions § 330.100 Definitions. Words used in the singular form in the regulations in this part shall be deemed to impart the plural and vice versa, as the case may demand. For the purposes of this part, unless the con text otherwise requires, the following words shall be construed, respectively, to mean: Administrative instructions. Published documents relating to the enforcement of the regulations in this part, issued under authority of such regulations by the Deputy Administrator. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service of the Department, or any officer or employee of the Animal and Plant Health Inspection Service to whom authority has heretofore been delegated or may hereafter be dele gated to act in his/her stead. Continental United States. The 49 States located on the continent of North America and the District of Co lumbia. Customs. The Bureau of Customs, U.S. Treasury Department, or, with ref erence to Guam, the Customs office of the Government of Guam. Department. The U.S. Department of Agriculture. Deputy Administrator. The Deputy Ad ministrator of the Plant Protection and Quarantine Programs of the Ani mal and Plant Health Inspection Serv ice of the Department, or any officer or employee of the Plant Protection and Quarantine Programs to whom author ity has heretofore been delegated or may hereafter be delegated to act in his stead. Earth. The softer matter composing part of the surface of the globe, in dis tinction from the firm rock, and in cluding the soil and subsoil, as well as finely divided rock and other soil for mation materials down to the rock layer. Garbage. That material designated as ‘‘garbage’’ in § 330.400(b). Inspector. A properly identified em ployee of the U.S. Department of Agri culture or other person authorized by the Department to enforce the provi sions of the Plant Protection Act and related legislation, quarantines, and regulations. Interstate. From one State, Territory or possession or the District of Colum bia into or through any other State, Territory or possession, or the District of Columbia. This term includes move ments, within its provisions, to a port in the United States for export. Means of conveyance. Automobiles, trucks, animal-drawn vehicles, railway cars, aircraft, boats, and other means of transportation. Move (moved and movement). ‘‘Move’’ means ship, deposit for transmission in the mail, otherwise offer for shipment, offer for entry, import, receive for transportation, carry, or otherwise transport or move, or allow to be moved, by mail or otherwise. ‘‘Moved’’ and ‘‘movement’’ shall be construed ac cordingly. Owner. The owner, or his agent (in cluding a carrier), having responsible custody of a plant pest, means of con veyance, product or article subject to the regulations in this part. Permit. An authorization allowing the movement into or through the United VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00439 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 430 7 CFR Ch. III (1–1–18 Edition) § 330.101 States, or interstate, of a plant pest, or a regulated product, article, or means of conveyance in accordance with the provisions in this part. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company. Plant pest. (1) Except for §§ 330.200 through 330.212, ‘‘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. (2) For purposes of §§ 330.200 through 330.212, plant pest means any living stage of insects, mites, nematodes, slugs, snails, protozoa, or other inver tebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances of the aforementioned which are not genetically engineered as defined in 7 CFR 340.1 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 In spection Health Service of the Depart ment. Regulated garbage. That material des ignated as ‘‘regulated garbage’’ in § 330.400(c) and § 330.400(d). Shelf-stable. The condition achieved in a product, by application of heat, alone or in combination with other in gredients and/or other treatments, of being rendered free of microorganisms capable of growing in the product at nonrefrigerated conditions (over 50 °F. or 10 °C.). 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. State. Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Territories or possessions. Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. Through the United States. From and to places outside the United States. United States. All of the States. [24 FR 10825, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 39 FR 32320, Sept. 6, 1974; 43 FR 39954, Sept. 9, 1978; 45 FR 80268, Dec. 4, 1980; 52 FR 22907, June 16, 1987; 52 FR 49344, Dec. 31, 1987; 53 FR 49976, Dec. 13, 1988; 66 FR 21058, Apr. 27, 2001; 71 FR 49314, Aug. 23, 2006] § 330.101 Policy. The purpose of the regulations in this part is to prevent the dissemination of plant pests into the United States, or interstate, by regulating the move ment of plant pests into or through the United States, or interstate, and the movement of means of conveyance, earth, stone and quarry products, gar bage, and certain other products and articles into or through the United States, or from any Territory or pos session into or through any other Ter ritory or possession or the continental United States. The Deputy Adminis trator shall employ procedures to carry out this purpose which will impose a minimum of impediment to foreign commerce and travel whenever prac ticable, consistent with proper pre caution against plant pest dissemina tion. The same policy is to be applied in the case of interstate commerce and travel. § 330.102 Basis for certain regulations. Under the authority of the Plant Protection Act, the Secretary may pro hibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control orga nism, noxious weed, article (including VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 431 Animal and Plant Health Inspection Service, USDA § 330.105 baggage, mail, garbage, earth, stone, and quarry products) or means of con veyance if such actions are necessary to prevent the introduction into or the dissemination within the United States of a plant pest or noxious weed. [66 FR 21058, Apr. 27, 2001] § 330.103 Documentation. Any notifications, reports, and simi lar documentation not specified in the regulations in this part, but necessary to carry out the purpose of the regula tions, will be prescribed in administra tive instructions. § 330.104 Ports of entry. Ports of entry for plant pests, means of conveyance, or other products or ar ticles of any character whatsoever the entry or movement of which is regu lated by the regulations in this part may be specified in administrative in structions or in the permits if permits are required by the regulations. The ports of entry shall be those named in 19 CFR 101.3(b)(1), except as otherwise provided by administrative instruc tions or by permits issued in accord ance with this part, and except those ports of entry listed below. LIST OF EXCEPTIONS TO CUSTOMS DESIGNATED PORTS OF ENTRY State Port of entry [Reserved] ............................. [Reserved] [24 FR 10825, Dec. 29, 1959, as amended at 72 FR 43523, Aug. 6, 2007] § 330.105 Inspection. (a) Inspection of foreign arrivals. In order to prevent the dissemination into the United States of plant pests and for the purpose of carrying out the regula tions in this part, all plant pests; means of conveyance and their stores; baggage; mail; plants; plant products; soil; stone and quarry products under § 330.300; garbage; and any other prod uct or article of any character whatso ever which an inspector considers may be infested or infected by or contain a plant pest, arriving in the United States from any place outside thereof for entry into or movement through the United States shall be subject to inspection by an inspector at the port of first arrival, except that mail will be handled in accordance with the joint customs and postal regulations for in specting and handling mail. No such plant pests; means of conveyance or their stores; baggage; mail; plants; plant products; soil; stone or quarry products under § 330.300; garbage; or other products or articles which an in spector notifies the Customs authori ties should be held for inspection shall be released by Customs officers for entry or onward movement until re leased by an inspector. The release of all means of conveyance, products and articles regulated under parts 319, 321, and 352 of this chapter shall be in ac cordance with the requirements of those parts and the applicable provi sions in this part. Whenever it shall be deemed safe to modify the require ments of this section by exempting any class of means of conveyance, products or articles from the requirement that they be held for inspection and release of the inspector, the exemptions shall be specified in administrative instruc tions. Inspectors shall make local ar rangements, in accordance with poli cies of the Plant Protection and Quar antine Programs, with the Collector of Customs for the release by Customs of ficers on behalf of the inspector of any class of means of conveyance, their stores, baggage, mail, or other prod ucts or articles when such arrange ments do not increase unduly the dan ger of plant pest dissemination and will facilitate clearance of means of con veyance, baggage, mail, or other prod ucts or articles. (b) Inspection of domestic movements. For the purpose of preventing the interstate movement of plant pests, provisions requiring inspection of means of conveyance and products or articles moving interstate may be issued as regulations in association with quarantines in part 301 or part 318 of this chapter or in this part. NOTE: Notices appearing at 24 FR 4650, June 9, 1959, 24 FR 5363, July 2, 1959, 24 FR 6889, August 26, 1959, and 24 FR 7519, Sep tember 18, 1959, provide in part as follows: That means of conveyance subject to such inspection and release requirements and ar riving at any port of entry outside the regu larly assigned hours of duty of the Federal plant quarantine inspector, will be held for VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00441 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 432 7 CFR Ch. III (1–1–18 Edition) § 330.106 such inspection and release, until the regu larly assigned hours of duty. However, notice is also hereby given that pursuant to the provisions of the Act of August 28, 1950 (7 U.S.C. 2260) such inspection service outside of the regularly assigned hours of duty may be made available to any interested person, upon a reimbursable basis and in accordance with applicable regulations, upon request to the Plant Quarantine Inspector in Charge at such port. Information concerning regularly assigned hours of duty for Federal plant quarantine inspectors at each port where such inspec tion is available may be obtained locally by application to the Plant Quarantine Inspec tor in Charge at such port. [24 FR 10825, Dec. 29, 1959, as amended at 62 FR 65009, Dec. 10, 1997] § 330.106 Emergency measures. (a) Procedures to prevent pest dissemi nation. Whenever inspection of any means of conveyance, stores, baggage, mail, plants, plant products, earth, stone and quarry products, garbage, or other products or articles of any char acter whatsoever, arriving in the United States from a place outside thereof, or moving interstate, discloses a plant pest, or provides a reason to be lieve such a pest is present (other than one moving under permit in accordance with any conditions in the permit and the provisions in this part) which is new to, or not theretofore known to be widely prevalent or distributed within and throughout the United States, the inspector shall employ procedures nec essary to prevent the dissemination of the plant pest. Such procedures shall also be employed with respect to means of conveyance or products or articles of any character whatsoever which have moved into the United States or inter state and which the inspector has rea son to believe were infested or infected by or contained any such plant pest at the time of such movement. The in spector may follow administrative in structions containing procedures pre scribed for certain situations, or he may follow a procedure selected by him from administratively approved meth ods known to be effective. The proce dure may involve seizure, quarantine, treatment in accordance with part 305 of this chapter, application of other re medial measures, exportation, return to shipping point of origin, destruction, or other disposal, but no means of con veyance, product, article, or plant pest owned by any person shall be de stroyed, exported, or returned to ship ping point of origin or ordered to be so handled, unless there is, in the opinion of the inspector, no less drastic action adequate to prevent the dissemination of the plant pest. In forming such an opinion that no less drastic action is adequate, the inspector shall be guided by applicable specific and general in structions received from officers of the Plant Protection and Quarantine Pro grams. In taking action with respect to any means of conveyance, product, ar ticle, plant pest, the inspector shall take cognizance of applicable require ments of the customs and postal laws and regulations. (b) Orders for remedial measures. The inspector may order the owner of any means of conveyance, product, article, or plant pest, subject to disposal under paragraph (a) of this section, to treat, apply other remedial measures, de stroy, or make other disposal thereof without cost to the Federal Govern ment and in a manner specified in ac cordance with paragraph (a) of this sec tion. (c) Failure to apply remedial measures. If the measures required by the inspec tor are not applied promptly by the owner within the time limits specified by the inspector, the inspector shall apply measures necessary to prevent the dissemination of the plant pests. (d) Khapra beetle infestations of means of conveyance, or cargo or stores thereof; other infestations. As a means of pre venting the dissemination into the United States, or interstate, of the khapra beetle (Trogoderma granarium Everts), the following procedures will be applicable when that insect is found, or there is reason to believe it is present, in a means of conveyance within paragraph (a) of this section, or in any cargo or stores in such a means of conveyance, or in any cargo or stores unloaded or landed, or being un loaded or landed, in the United States therefrom. These procedures will also apply with respect to other plant pests when the inspector finds they are nec essary and sufficient to prevent the spread of such pests. (1) Infestation in storerooms and similar compartments of means of conveyance VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 433 Animal and Plant Health Inspection Service, USDA ยง 330.106 (except aircraft). (i) When infestation is found only in stores or storerooms, gal leys, pantries, or similar noncargo compartments of a means of convey ance, except aircraft, the inspector shall prescribe and supervise the appli cation of such remedial measures as, in his opinion, will be effective under con ditions that will not spread the infesta tion to other parts of the means of con veyance, or to adjacent piers or other installations. If, in the opinion of the inspector, fumigation is the only avail able safeguard to eliminate the infesta tion, he shall order the owner to ar range for immediate fumigation of the infested stores and portions of the means of conveyance. (ii) If the means of conveyance is to leave the territorial limits of the United States directly for a port in an other country within 24 hours of such order, the inspector may suspend com pliance with the fumigation require ment pending departure from the United States. Pending fumigation or departure, the inspector may seal the openings of infested compartments, packages, or articles, if in his opinion the action is necessary to prevent plant pest dissemination while the means of conveyance remains in the teritorial limits of the United States, as authorized in ยง 330.110. The inspector may extend the 24-hour period to 48 hours, if, in his judgment, such exten sion is warranted by plans of the owner to remove the means of conveyance from the territorial limits of the United States within the extended pe riod, the inability of the contractor to begin fumigation within the 24-hour pe riod, or other reason deemed valid by the inspector. Further extension shall be given only under authority of the Deputy Administrator. Pending com pliance with the requirement of fumi gation, or the departure from the terri torial limits of the United States di rectly for a port in another country, no stores, laundry, furnishings or equip ment, or other articles or products whether in cargo or stores, shall be un loaded from the means of conveyance except as authorized by the inspector and under conditions prescribed by him. The owner of an infested means of conveyance under notice for fumiga tion which leaves the territorial limits of the United States without fumiga tion should arrange for the eradication of the infestation before returning to the same or another port in the United States. Upon return to a port in the United States and unless the infesta tion has been eliminated to the satis faction of the inspector, the means of conveyance shall be subject to fumiga tion immediately upon arrival in the United States. Unloading or landing of any product or article shall not be per mitted pending compliance with the fu migation requirement, except as au thorized by the inspector and under conditions prescribed by him. (iii) If the means of conveyance is to remain at the port where the infesta tion was found or is to be moved to an other port in the United States, the in spector shall prescribe and supervise the application of the remedial meas ures at the port where the infestation is found, as provided in this paragraph, or he may authorize the means of con veyance to be moved to another port for fumigation or the application of other remedial measures under safe guards prescribed by him. (iv) In all instances where the inspec tor prescribed procedures concerned with the application of remedial meas ures which involve (a) withholding per mission to discharge articles or prod ucts; (b) permission to discharge after such permission has been withheld; (c) discontinuance of discharging; or (d) resumption of discharging after it has been discontinued, the appropriate Cus toms officer shall be immediately noti fied in writing. The inspector shall also inform the Customs officers at the port where the infestation is found and at such other ports as may be necessary of the requirement for fumigation and/ or permission to move coastwise to an other U.S. port for fumigation or other remedial measures. (2) Infestation in cargo compartments of means of conveyance (except aircraft). When infestation is found in cargo compartments or in cargo of a means of conveyance, except aircraft, the in spector shall prescribe and supervise the application of such remedial meas ures as, in his opinion are necessary, with respect to the cargo and the por tions of the means of conveyance which VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 434 7 CFR Ch. III (1–1–18 Edition) § 330.106 contain or contained or were contami nated by the infested cargo. If in the opinion of the inspector fumigation is the only available safeguard to elimi nate the infestation, he shall order the owner to arrange for immediate fumi gation of the infested portions of such means of conveyance and cargo. How ever, if such cargo compartments can not be fumigated without fumigating the entire means of conveyance, the in spector may order the entire means of conveyance and cargo to be fumigated. The inspector shall notify the owner of the means of conveyance of such re quirement and the owner shall arrange for immediate fumigation. Discharge of cargo shall be discontinued unless the inspector allows it to continue under safeguards to be prescribed by him. The provisions applicable to stores and storerooms in paragraph (d)(1) (ii) and (iii) of this section shall apply to cargo and cargo areas of such means of con veyance. Customs officers shall be in formed as required in paragraph (d)(1)(iv) of this section. (3) Infestation in an aircraft. If infesta tion is found in an aircraft, the inspec tor may apply seals as provided in § 330.110, and he may require such tem porary safeguards as he deems nec essary, including the discontinuance of further unloading or landing of any products or articles except as author ized by him. Upon finding such infesta tion in an aircraft the inspector shall promptly notify the Plant Protection and Quarantine Programs of all cir cumstances and the temporary safe guards employed, and the Plant Pro tection and Quarantine Programs will specify the measures for eliminating the infestation which will not be dele terious to the aircraft or its operating components. Any insecticidal applica tion required shall be approved by the Deputy Administrator for use in air craft. If the aircraft is to depart from the territorial limits of the United States within 24 hours after the infes tation is found, the inspector shall per mit such departure in lieu of the appli cation of other measures and shall prior to departure break any seals that would prevent access to the aircraft or safe operation thereof. Other seals shall remain intact at time of depar ture and shall be broken by the aircraft commander or a crew member upon his order only after the aircraft is beyond the territorial limits of the United States. Extension of the 24-hour period shall be given only under authority of the Deputy Administrator. The owner of the aircraft under notice of khapra beetle infestation which leaves the ter ritorial limits of the United States be fore the infestation has been eradicated should arrange for eradication before returning the aircraft to the United States. Upon return to the United States, if the infestation is not elimi nated to the satisfaction of the inspec tor, the aircraft shall be subject to the same disinfestation requirements and other safeguards immediately upon ar rival in the United States. Customs of ficers shall be notified as required in paragraph (d)(1)(iv) of this section. (4) Precautions. The owner of a means of conveyance required to be fumigated pursuant to this section shall arrange with a competent operator to apply the fumigant under the supervision of the inspector. The owner shall understand that if certain fumigants are used they may result in residues in or on food stuffs which may render them unsafe for use as food items. He is hereby warned against such use unless as as certains that the fumigated foodstuffs are fit for human consumption. It should also be understood by the owner that emergency measures prescribed by the inspector to safeguard against dis semination of infestation may have ad verse effects on certain products and articles, and that the acceptance of fu migation as a requirement is an alter native to the immediate removal of the infested means of conveyance and any products and articles thereon, from the territorial limits of the United States. Products or articles in a means of con veyance, or compartments thereof, which may be exposed to methyl bro mide or other remedial measures and may be adversely affected thereby, may be removed from the means of conveyance or compartments thereof prior to the application of the remedial measures if in the opinion of the in spector this can be done without dan ger of plant pest dissemination and under conditions authorized by him, VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 435 Animal and Plant Health Inspection Service, USDA § 330.110 for additional inspection and/or appli cation of effective remedial measures. [24 FR 10825, Dec. 29, 1959, as amended at 25 FR 8989, Sept. 20, 1960; 32 FR 6339, Apr. 21, 1967; 36 FR 24917, Dec. 24, 1971; 66 FR 21058, Apr. 27, 2001; 69 FR 12265, Mar. 16, 2004; 75 FR 4253, Jan. 26, 2010] § 330.107 Costs. All costs (including those incurred under § 330.106 of this part by the gov ernment or the owner) incident to the inspection, handling, cleaning, safe guarding, treating, or other disposal of means of conveyance or products, arti cles, or plant pests under this part shall be borne by the owner. Services of the inspector during regularly assigned hours of duty at the usual places of duty shall be furnished without cost to the person requesting the services, un less a user fee is payable under § 354.3 of this chapter. CROSS REFERENCE: See note following § 330.105. [56 FR 14844, Apr. 12, 1991] § 330.108 Authority to issue adminis trative instructions. The Deputy Administrator is author ized to issue the administrative in structions for which provision is made in the regulations in this part, for the purpose of preventing dissemination of plant pests into the United States or interstate. In addition, whenever the Deputy Administrator shall find that existing conditions as to pest risk in volved in the movement of plant pests, means of conveyance, or other products or articles to which the regulations in this part apply, make it safe to modify by making less stringent the restric tions contained in any of such regula tions, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent whereupon such modification shall become effec tive. § 330.109 Caution. In applying treatments or taking other measures prescribed in adminis trative instructions or by the inspec tor, it should be understood that inex actness or carelessness may result in injury or damage. § 330.110 Seals. (a) Use authorized; form. Whenever, in the opinion of the inspector, it is nec essary, as a safeguard in order to pre vent the dissemination of plant pests into the United States, or interstate, seals may be applied to openings, pack ages, or articles requiring the security provided by such seals. The words ‘‘openings, packages, or articles’’ shall include any form of container, shelf, bin, compartment, or other opening, package, or article which the inspector may have occasion to seal in lieu of more drastic action or otherwise, as a safeguard against plant pest dissemina tion. The seals may be automatic metal seals or labels or tags and will be provided by the Plant Protection and Quarantine Programs. When they con sist of a label or tag, they will be print ed in black ink on yellow paper and read substantially as follows: ‘‘Warn ing! The opening, package, or article to which this seal is affixed is sealed under authority of law. This seal is not to be broken while within the terri torial limits of the United States ex cept by, or under instructions of, an in spector.’’ (b) Breaking of seals. Seals may be broken: (1) By an inspector; (2) by a Customs officer for Customs purposes, in which case the opening, package, or article will be resealed with Customs seals; (3) by the owner or his agent when the means of conveyance, prod uct, or article has left the territorial limits of the United States; (4) by any person authorized by the inspector or the Deputy Administrator under condi tions specified by the inspector or Dep uty Administrator. No person shall break seals applied under authority of this section except as provided in this paragraph. The movement into or through the United States, or inter state, of any means of conveyance or product or article on which a seal, ap plied under this paragraph, has been broken in violation of this paragraph is hereby prohibited, except as authorized by an inspector. (c) Notice of sealing. When an inspec tor seals any opening, product or arti cle, he shall explain the purpose of such action to the owner or his rep resentative and shall present him with a written notice of the conditions VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00445 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 436 7 CFR Ch. III (1–1–18 Edition) § 330.111 under which the seal may be broken, if requested to do so. [25 FR 8990, Sept. 20, 1960, as amended at 36 FR 24917, Dec. 24, 1971] § 330.111 Advance notification of ar rival of aircraft and watercraft. The owner, operator, or other rep resentative of any aircraft or watercraft entering the United States from a foreign country, or arriving in the continental United States from Ha waii or any territory or possession of the United States, shall provide every Plant Protection and Quarantine office (PPQ office) serving a port of arrival on the itinerary of the craft while in the United States with advance notifica tion of intent to arrive at that port. This advance notification of arrival shall: (a) Reach the appropriate PPQ office not less than 12 hours before the craft’s estimated time of arrival at the port; (b) Be communicated by radio, wire, telephone, or any other means; and (c) Include the following information: (1) The name or other identifying fea ture of the individual craft; (2) The date and estimated time of arrival at the port; (3) The location of arrival, providing the most site-specific data available, such as the dock, pier, wharf, berth, mole, anchorage, gate, or facility, and; (4) The names of all foreign and non Continental U.S. ports where any cargo, crew, or passenger destined for the continental United States has boarded the craft since its most recent arrival at a port in the United States. (d) If the craft’s estimated time of ar rival changes by more than one hour, the PPQ office that serves the port of arrival must be notified and provided with updated information imme diately. (e) If the craft’s site of arrival changes after a PPQ office has received advance notification of arrival, both that PPQ office and the newly affected PPQ office shall be notified of this change immediately. This applies, too, to site-specific changes involving watercraft. (f) If the craft’s point of arrival is an anchorage, the PPQ office shall be no tified, as soon as possible after the craft’s arrival at the anchorage, of the specific site, such as berth, mole, pier, to which the craft will be moving, as well as of its estimated time of arrival at that site. (g) Aircraft and watercraft meeting any of the following conditions are ex empt from the provisions in this sec tion, and need not provide advance no tification of arrival: (1) The craft is not regularly used to carry passengers or cargo for a fee; (2) The aircraft is making a flight scheduled in the Official Airline Guide, North American Edition, or the Official Airline Guide, Worldwide Edition, un less the scheduled time of arrival changes by more than one hour or the plane is diverted to another landing port; (3) An inspector has precleared the aircraft in Hawaii, a territory or pos session of the United States, or a for eign port, having determined that the aircraft contained only articles that are not prohibited or restricted impor tation into the United States under the provisions of 7 CFR chapter III and 9 CFR chapter I; or (4) Personnel of the United States armed forces, including the U.S. Coast Guard, in Hawaii, a territory or posses sion of the United States, or a foreign port, have precleared an aircraft, hav ing determined that the aircraft con tained only articles that are not pro hibited or restricted importation into the United States under the provisions of 7 CFR chapter III and 9 CFR chapter I. (5) The owner, operator, or other rep resentative of the aircraft or watercraft not leaving the United States has been informed in writing by a PPQ inspector that notification of in tended arrival is not required at subse quent ports in the United States. (Approved by the Office of Management and Budget under control number 0579–0054) [52 FR 49344, Dec. 31, 1987] Subpart—Movement of Plant Pests § 330.200 Movement of plant pests reg ulated; permits required. No person shall knowingly move any plant pest into or through the United States from any place outside thereof, VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00446 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 437 Animal and Plant Health Inspection Service, USDA ยง 330.201 1 Persons contemplating the shipment of plant pests to places outside the United States should make prior arrangements di rectly, or through the recipient, with the country of destination for the receipt of the plant pests into the country of destination. Many countries have laws governing the movement of plant pests into those coun tries, and therefore it is advisable to make advance arrangements for attaching permits, etc., as may be required by the countries of destination. or interstate, or knowingly accept de livery of any plant pest so moving un less such movement is authorized under permit under this part and is made in accordance with the condi tions therein and the provisions in this part. The movement of snails and slugs, as well as other plant pests, is governed by such provisions. Biological specimens of plant pests, in preserva tive or dried, may be imported without further restriction under this part, but subject to inspection on arrival in the United States to confirm the nature of the material and freedom from risk of plant pest dissemination. ยง 330.201 Applications for permits to move plant pests. (a) Into or through the United States from any place outside thereof. Only per sons resident in the United States may apply for permits to move plant pests into the United States from any place outside thereof. Persons resident in the United States proposing such move ment into the United States, or any person proposing movement through the United States, of any plant pests shall first make application for per mits authorizing such movement by submitting to the Plant Protection and Quarantine Programs the form pro vided therefor by the Plant Protection and Quarantine Programs, or by sub mitting in the form of a letter or other written communication the following information insofar as is known to the applicant, for each kind of pest for which a permit is requested: (1) Sci entific name of the pest, (2) stage, (3) quantity, (4) origin, (5) destination, (6) whether the pest is established in the State, Territory or other jurisdiction of destination in the United States, (7) method of shipment, (8) proposed port of first arrival in the United States, (9) approximate date of arrival, (10) num ber of parcels expected to be moved, (11) intended use, (12) measures to be employed to prevent danger of plant pest dissemination, and (13) method of final disposition. In addition, if host materials must necessarily accompany the plant pests, the application shall show the name of the host materials and the reasons it is necessary for them to accompany the plant pests. Applications for permits to move plant pests through the United States should state the name of the port of export in stead of the information required by paragraph (a)(6) of this section. Any applicant for a permit to move plant pests into or through the United States from any place outside thereof will fa cilitate the consideration of his appli cation by furnishing any additional in formation known to him concerning the economic importance of the pests and the justification for the movement. (b) Interstate (including interstate for export). Persons proposing to move plant pests interstate shall first make application for permits authorizing such movement by submitting to the Plant Protection and Quarantine Pro grams the form provided therefor by the Plant Protection and Quarantine Programs or by submitting the re quired information in the form of a let ter or other written communication showing all pertinent information spec ified in paragraph (a) of this section and also the approximate date of the movement, except that persons desir ing to move plant pests interstate to a port in the United States for export to a place outside of the United States 1 shall use the form provided therefor by the Plant Protection and Quarantine Programs or submit to the Plant Pro tection and Quarantine Programs in the form of a letter or other written communication the following informa tion for each kind of pest: Scientific name of the pest, stage, quantity, ori gin, destination, method of shipment, proposed port of export from the United States, approximate date of the movement, number of parcels to be moved, proposed use, and measures to be employed to prevent danger of plant pest dissemination during the inter state movement. However, in case it is proposed to move interstate, within or VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00447 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 438 7 CFR Ch. III (1–1–18 Edition) § 330.202 from an area quarantined under §§ 301.38, 301.45, 301.48, 301.52, 301.63, 301.64, 301.72, 301.76, 301.77, 301.78, 301.79, 301.80, or 301.81 of this chapter any plant pest covered by said section, the application should be made to the Plant Protection and Quarantine Pro grams of the Animal and Plant Health Inspection Service of the Department. In any case the applicant for a permit will facilitate the consideration of his application by furnishing any addi tional information known to him con cerning the economic importance of the pests and the justification for the movement. (Approved by the Office of Management and Budget under control number 0579–0054) [24 FR 10825, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983] § 330.202 Consideration of applications for permits to move plant pests. The Deputy Administrator, upon the receipt of an application, made in ac cordance with § 330.201 (a) or (b), for a permit for movement of a plant pest into or through the United States from any place outside thereof, or inter state, shall consider the application on its merits. (a) Consultation. He may consult with any Federal officials, the appropriate officials of any State, Territory, or other jurisdiction in the United States in charge of research or regulatory pro grams relative to plant pests, and any other qualified governmental or pri vate research laboratory, institution, or individual, for views on the danger of plant pest dissemination into the United States, or interstate, in connec tion with the movement proposed. (b) Inspection of premises. The Deputy Administrator may inspect the site where plant pests are proposed to be handled in connection with or after their movement under permit to deter mine whether existing or proposed fa cilities will be adequate to prevent plant pest dissemination in case a per mit is issued, provided that the person in possession thereof is the applicant or such inspection is otherwise author ized. (Approved by the Office of Management and Budget under control number 0579–0054) [24 FR 10825, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] § 330.203 Action on applications for permits to move plant pests; form of and conditions in permits. The Deputy Administrator, having considered an application for permit to move a plant pest, shall approve or deny the application in accordance with § 330.204. If the application is de nied, the applicant shall be furnished the reasons therefor. If the application is approved, the Deputy Administrator shall issue the permit including any conditions which, in the opinion of the Deputy Administrator, are necessary to prevent dissemination of plant pests into the United States or interstate. Such conditions may include require ments for inspection of the premises where the plant pests are to be han dled, after their movement under the permits, to determine whether the fa cilities thereat are adequate to prevent plant pest dissemination and the condi tions of the permit are otherwise being observed. Permits authorizing move ment of plant pests through the United States will include shipping instruc tions as to routing, labelling, and simi lar requirements as conditions of the permits. Any applicable conditions pre scribed in administrative instructions may be incorporated in a written per mit by citation, but shall be applicable whether or not so cited. The Deputy Administrator may, prior to the issuance of the permit, require the ap plicant to agree in writing to the con ditions under which the plant pests will be safeguarded. The permits may be issued in a prescribed form or in let ter form, or a combination thereof. A permit without conditions may be issued orally. § 330.204 Denial or cancellation of per mits; reconsiderations. (a) The Deputy Administrator will deny an application for a permit to move a plant pest when, in his opinion, such movement would involve a danger of dissemination of the pest. Danger of VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00448 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 439 Animal and Plant Health Inspection Service, USDA § 330.208 plant pest dissemination may be deemed to exist when: (1) No acceptable safeguards ade quate to prevent plant pest dissemina tion can be arranged; (2) The destructive potential of the plant pest to plants, and parts and products thereof, should it escape de spite proposed safeguards, outweighs the probable benefits to be derived from the proposed movement and use of the pest; (3) The applicant, as a previous per mittee, failed to maintain the safe guards or otherwise observe the condi tions prescribed in a previous permit and failed to demonstrate his ability or intent to observe them in the future; (4) The movement is adverse to the conduct of an eradication, suppression, control, or regulatory program of the Animal and Plant Health Inspection Service; or (5) The movement is objected to in writing by an appropriate official of a State, Territory or possession, or the District of Columbia on the ground it will involve a danger of dissemination of the plant pest into the State, Terri tory or possession, or District. (b) The Deputy Administrator may cancel any outstanding permit when ever: (1) Information is received subse quent to the issuance of the permit of circumstances that constitute cause for the denial of an application for per mit under paragraph (a) of this section; or (2) The permittee has not maintained the safeguards or otherwise observed the conditions specified in the permit or in any applicable regulations or ad ministrative instructions. (c) Any person denied a permit, or whose permit has been canceled, may request the Deputy Administrator in person or in writing for a reconsider ation, and may submit any additional information he may have to support the original application. § 330.205 Disposal of plant pests when permits are canceled. When an outstanding permit for the movement of a plant pest is canceled by the Deputy Administrator and not reinstated under § 330.204(c), the further movement of the plant pest covered thereby into or through the United States, or interstate, is prohibited by the Plant Protection Act unless au thorized in another permit. The per mittee should arrange for disposal of the plant pest involved in a manner satisfactory to the Deputy Adminis trator to prevent plant pest dissemina tion. The Deputy Administrator may, whenever he deems it necessary as an emergency measure in order to prevent the dissemination of any plant pest new to or not theretofore known to be widely prevalent or distributed within and throughout the United States, seize, quarantine, treat, apply other re medial measures to, destroy, or other wise dispose of, in such manner as he deems appropriate, any plant pest which is moving without compliance with any conditions in the permit or the provisions of this part or after the permit has been canceled. [24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001] § 330.206 Permits for plant pest move ment associated with National De fense projects. The Deputy Administrator will facili tate research associated with National Defense projects through issuance of permits for movement of plant pests for such research, upon receiving assur ance satisfactory to him that adequate safeguards will surround utilization of the plant pests to prevent their dis semination. § 330.207 Permits for movement of or ganisms issued by other agencies. Inspectors shall recognize permits for the movement of organisms issued under other acts by other Federal agencies. When such organisms are also plant pests, any further conditions of movement to carry out the purposes of the Plant Protection Act which have been prescribed in administrative in structions, or in correspondence con cerning a single shipment, shall be complied with but no additional permit will be required under this part. [24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001] § 330.208 Courtesy permits. The Deputy Administrator may issue permits for the movement into or VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 440 7 CFR Ch. III (1–1–18 Edition) § 330.209 through the United States, or inter state, or organisms which are not sub ject to regulation under the Plant Pro tection Actor any other act, as a cour tesy to facilitate movement when the movement might otherwise be impeded because of the similarity of the orga nisms with others regulated under the Plant Protection Act. He may likewise issue such permits on behalf of any agency requesting such action as a courtesy to facilitate movement for or ganisms not subject to regulation under the Plant Protection Act but subject to regulation under some other act. [24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001] § 330.209 Permits for means of convey ance. No permit shall be required for move ment into or through the United States from any place outside thereof, or interstate, of a means of conveyance unless the primary purpose of such movement of the means of conveyance is to move plant pests. § 330.210 Packing materials and con tainers for plant pest movement; host materials. Plant pests moved into or through the United States, or interstate, must be free of soil, except when the Deputy Administrator approves in the permit the movement of soil with the plant pest. Subject to this exception, only approved packing materials are to be employed in the shipment of plant pests. Approved packing materials for the movement of plant pests under this part will be prescribed in administra tive instructions or approved in spe cific cases by the Deputy Adminis trator. Such actions will be coordi nated with and may supplement any requirements of the Post Office Depart ment governing packing and packaging of any materials for movements cov ered by the postal laws and regula tions. All containers shall be stoutly constructed so as to prevent breakage in transit and danger of plant pest dis semination and shall be labeled in ac cordance with § 330.211. The Deputy Ad ministrator may allow the movement of host materials with plant pests under permits when they must nec essarily accompany the pests, although such movement is otherwise barred under the Plant Protection Act. [24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001] § 330.210a Administrative instructions listing approved packing materials for plant pests. (a) The following materials are ap proved as packing materials for use with any shipment of plant pests in ac cordance with § 330.210: (1) Absorbent cotton or processed cotton padding free of cottonseed. (2) Cellulose materials. (3) Excelsior. (4) Felt. (5) Ground peat (peat moss). (6) Paper or paper products. (7) Phenolic resin foam. (8) Sawdust. (9) Sponge rubber. (10) Thread waste; twine; or cord. (11) Vermiculite. (b) Advance approval for the use of any other packing material for any specific movement should be obtained from the Deputy Administrator. § 330.211 Labeling of plant pests for movement under permits. (a) Interstate movement. For interstate movements of plant pests a label shall be attached to each parcel containing the pests as evidence that the move ment of the plant pests is authorized. Such label shall also disclose the con tents of the parcel. (b) Movement into or through the United States from places outside thereof by mail or cargo. (1) When a permit au thorizing the movement of plant pests into the United States from any place outside thereof is issued to an appli cant under this part, it will be accom panied by distinctive labels, with in structions for their use by the foreign shipper. Such labels will be issued in quantity sufficient to permit attaching one to each parcel to be moved. The la bels will direct the parcels to specified inspection stations of the Plant Pro tection and Quarantine Programs, or other designated points, for clearance. The stations will be notified by the Deputy Administrator in advance of the expected arrival of the plant pests. Plant pests so moved by mail may be VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 441 Animal and Plant Health Inspection Service, USDA § 330.300 2 Section 424 of the Plant Protection Act (7 U.S.C. 7734) provides that persons who vio late this act, or who forge, counterfeit or— without authority from the Secretary—use, alter, deface, or destroy any certificate, per mit or other document may, after notice and opportunity for a hearing, be assessed a civil penalty that does not exceed the greater of: (a) $50,000 for individuals, except that the civil penalty may not exceed $1,000 in the case of an initial violation by an individual moving regulated articles not for monetary gain; $250,000 for any other person or legal entity, such as partnerships, corporations, associations, or joint ventures; and $500,000 for all violations adjudicated in a single pro ceeding; or (b) twice the gross pecuniary gain derived from or loss caused by any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, per mit, or other document provided for by this act. Section 424 of the Plant Protection Act also provides penalties for criminal viola tions, under which knowing violators of the act may be found guilty of a misdemeanor and, upon conviction, fined in accordance with title 18 of the United States Code, im prisoned for a period not to exceed 1 year, or both. 1 The movement of soil from Puerto Rico into or through any other State, Territory, or District of the United States is also sub ject to the provisions of the imported fire ant quarantine and regulations contained in 7 CFR 301.81 et seq. refused entry unless the containers thereof bear such labels. Cargo ship ments of plant pests so moved may be refused entry unless they bear such la bels or are otherwise plainly marked to identify the contents. (2) Any labelling requirements with respect to the movement of plant pests through the United States will be in cluded in shipping instructions issued as conditions of the permits. (c) Misuse of labels. No labels unused in accordance with the terms of the permit may be used for the movement of any other plant pest. The Plant Pro tection Act provides for a penalty 2 for the misuse of such labels. Any unau thorized movement of plant pests under a label will be refused by the in spector, and the plant pests may be de stroyed or otherwise dealt with as set forth in § 330.106 if deemed necessary as an emergency measure. (Approved by the Office of Management and Budget under control number 0579–0054) [24 FR 10825, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983; 66 FR 21058, Apr. 27, 2001] § 330.212 Movement of plant pests by baggage. Persons proposing to move plant pests into or through the United States from any place outside thereof, or from any Territory or possession into or through any other Territory or posses sion, or the Continental United States, by baggage, shall show the permit au thorizing the movement to the inspec tor upon arrival at the port where the baggage is inspected. The conditions specified for the movement must be ob served. The inspector will insure that the movement is handled in accordance with the terms of the permit. If it is necessary to move the plant pest to an other place for clearance, the owner will be responsible for all costs inci dental to such forwarding. Pending for warding, the inspector will specify and supervise the application of safeguards against danger of plant pest dissemina tion and may retain custody of the pests until forwarded. Subpart—Movement of Soil, Stone, And Quarry Products § 330.300 Soil from foreign countries or Territories or possessions. 1 No soil shall be moved into or through the United States from any place outside thereof or from any Ter ritory or possession into or through any other Territory or possession or the Continental United States, whether the soil is moved as such or inciden tally adhering to means of conveyance or other articles, except as authorized in § 318.60 or § 319.69 of this chapter, or this subpart. (a) Permits authorized. The Deputy Administrator may issue permits under this section for movements of soil not governed by § 318.60 or § 319.69 of this chapter, for research, analytical, reli gious, ceremonial, patriotic, or similar purposes, or such other purposes as he shall deem consistent with the objec tives of this part, specifying in the per mit or in the related correspondence, VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 442 7 CFR Ch. III (1–1–18 Edition) § 330.300a the safeguards, including treatment in accordance with part 305 of this chap ter, or other conditions which he deems necessary for the purpose of preventing the dissemination of plant pests into the United States or interstate. When ever it is possible to formulate a gen eral rule specifying such conditions, it shall be promulgated in administrative instructions and the applicable provi sions thereof may be incorporated into a permit by citation, but shall be appli cable whether or not so cited. (b) Application for permits. Only per sons resident in the United States may apply for permits under this section to move soil into the United States from any place outside thereof, or from any territory or possession into or through any other Territory or possession or the Continental United States. Persons resident in the United States contem plating such movements, or any per sons contemplating movement through the United States, of soil under this section shall first make application for permits authorizing such movement by submitting to the Plant Protection and Quarantine Programs the form pro vided therefor by the Plant Protection and Quarantine Programs or by sub mitting, in the form of a letter or other written communication, the following information: Origin of the shipment, destination, quantity, method of ship ment, proposed port of first arrival in the United States, port of export (if ap plicable), approximate date of arrival in the United States, intended use, measures to be employed to prevent danger of plant pest dissemination, method of final disposition, and the number of parcels expected to be moved. In acting upon the application for permits for such movement of soil, the Deputy Administrator will follow the procedures outlined in § 330.202 for the consideration of applications for permits to move plant pests insofar as they are applicable. (c) Issuance of permits; conditions of permits. Upon the approval of an appli cation for a permit authorizing the movement of soil under this section, the permit will be issued. The permit may contain any conditions which are necessary, in the opinion of the Deputy Administrator, to prevent dissemina tion of plant pests into the United States or interstate, including condi tions with respect to routing, packing, and labeling of the soil. The Deputy Administrator may require the appli cant to agree in writing to such condi tions prior to the issuance of the per mit. The importer will receive, as a part of the permit, information on the manner in which the importation is to be made. A permit without conditions may be issued orally. (d) Containers; labels. All containers for soil moved under this section shall be stoutly constructed so as to prevent breakage in transit and danger of plant pest dissemination and shall be appro priately labeled as to contents. If the soil is moved by mail, special mailing labels will be issued to the importer, with instructions for their use, which he is to send to the foreign shipper. The quantity of mailing labels issued will be sufficient for the foreign ship per to attach one to each parcel moved by mail. Such mailing labels will indi cate to the postal and the plant quar antine officials that the movement is authorized under the conditions speci fied in this permit. Importations arriv ing by mail without labels will be sub ject to refusal of entry into the United States, or interstate movement, by the inspector unless treated, at the expense of the owner, in a manner to remove danger of plant pest dissemination. The Deputy Administrator may issue mail ing labels for movement into or through the United States from any place outside thereof, or from any Ter ritory or possession into or through any other Territory or possession of the continental United States, of earth other than soil when the movement might otherwise be impeded because of the similarity to soil subject to this section. (Approved by the Office of Management and Budget under control number 0579–0054) [24 FR 10855, Dec. 29, 1959, as amended at 47 FR 36103, Aug. 19, 1982; 48 FR 57466, Dec. 30, 1983; 62 FR 65009, Dec. 10, 1997; 75 FR 4253, Jan. 26, 2010] § 330.300a Administrative instructions exempting soil from parts of Can ada from certain restrictions. Soil of Canadian origin except soil from Newfoundland and the Land Dis trict of Central Saanich on Vancouver VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 443 Animal and Plant Health Inspection Service, USDA § 330.400 1 Sod from Canada is regulated by § 319.37– 5 of this chapter. Island of British Columbia may be moved into or through the United States from Canada free from the per mit requirements of § 330.300 and the re lease requirements of § 330.105 but sub ject to inspection under § 330.105 and disposal under § 330.106, if the inspec tion discloses any plant pest new to or not theretofore widely prevalent or dis tributed within and throughout the United States. Such soil is also subject to all applicable requirements under part 319 of this chapter. 1 [34 FR 13148, Aug. 14, 1969, as amended at 62 FR 50239, Sept. 25, 1997] § 330.301 Stone and quarry products from certain areas in Canada. Stone and quarry products from areas in Canada infested with the gypsy moth may be moved from Can ada into or through the United States only into or through areas regulated by the gypsy moth and browntail moth quarantine and regulations in §§ 301.45, 301.45–1 et seq. of this chapter; or into or through other areas in the United States under conditions paralleling the requirements of said quarantine and regulations for movement of stone and quarry products from said regulated areas into such other areas of the United States. § 330.302 Domestic movements of earth (including soil), stone, etc. The interstate movement from regu lated areas in the Continental United States of earth (including soil), stone, quarry products, and similar sub stances is regulated in §§ 301.45, 301.48, 301.72, 301.77, 301.78, 301.79, 301.80, and 301.81 of this chapter and may be made only in accordance with the require ments of these sections. Any such movement of earth, stone, quarry prod ucts and similar substances which may hereafter be regulated in part 301 of this chapter may likewise be made only in accordance with the require ments of said part. The interstate movement of such materials of United States origin, from any place in the Continental United States, is not regu lated by this part. Subpart—Garbage SOURCE: 71 FR 49314, Aug. 23, 2006, unless otherwise noted. § 330.400 Regulation of certain gar bage. (a) Certain interstate movements and imports—(1) Interstate movements of gar bage from Hawaii and U.S. territories and possessions to other States. Hawaii, Puer to Rico, American Samoa, the Com monwealth of the Northern Mariana Is lands, the Federated States of Micro nesia, Guam, the U.S. Virgin Islands, Republic of the Marshall Islands, and the Republic of Palau are hereby quar antined, and the movement of garbage therefrom to any other State is hereby prohibited except as provided in this subpart in order to prevent the intro duction and spread of exotic plant pests and diseases. (2) Imports of garbage. In order to pro tect against the introduction of exotic animal and plant pests and diseases, the importation of garbage from all foreign countries except Canada is pro hibited except as provided in § 330.401(b). (b) Definitions—Agricultural waste. By products generated by the rearing of animals and the production and har vest of crops or trees. Animal waste, a large component of agricultural waste, includes waste (e.g., feed waste, bed ding and litter, and feedlot and pad dock runoff) from livestock, dairy, and other animal-related agricultural and farming practices. Approved facility. A facility approved by the Administrator, Animal and Plant Health Inspection Service, upon his determination that it has equip ment and uses procedures that are ade quate to prevent the dissemination of plant pests and livestock or poultry diseases, and that it is certified by an appropriate Government official as currently complying with the applica ble laws for environmental protection. Approved sewage system. A sewage sys tem approved by the Administrator, Animal and Plant Health Inspection Service, upon his determination that the system is designed and operated in such a way as to preclude the discharge of sewage effluents onto land surfaces or into lagoons or other stationary VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 444 7 CFR Ch. III (1–1–18 Edition) § 330.401 waters, and otherwise is adequate to prevent the dissemination of plant pests and livestock or poultry diseases, and that is certified by an appropriate Government official as currently com plying with the applicable laws for en vironmental protection. Carrier. The principal operator of a means of conveyance. Garbage. All waste material that is derived in whole or in part from fruits, vegetables, meats, or other plant or animal (including poultry) material, and other refuse of any character what soever that has been associated with any such material. Incineration. To reduce garbage to ash by burning. Interstate. From one State into or through any other State. Sterilization. Cooking garbage at an internal temperature of 212 °F for 30 minutes. Stores. The food, supplies, and other provisions carried for the day-to-day operation of a conveyance and the care and feeding of its operators. Yard waste. Solid waste composed predominantly of grass clippings, leaves, twigs, branches, and other gar den refuse. § 330.401 Garbage generated onboard a conveyance. (a) Applicability. This section applies to garbage generated onboard any means of conveyance during inter national or interstate movements as provided in this section and includes food scraps, table refuse, galley refuse, food wrappers or packaging materials, and other waste material from stores, food preparation areas, passengers’ or crews’ quarters, dining rooms, or any other areas on the means of convey ance. This section also applies to meals and other food that were available for consumption by passengers and crew on an aircraft but were not consumed. (1) Not all garbage generated onboard a means of conveyance is regulated for the purposes of this section. Garbage regulated for the purposes of this sec tion is defined as ‘‘regulated garbage’’ in paragraphs (b) and (c) of this sec tion. (2) Garbage that is commingled with regulated garbage is also regulated gar bage. (b) Garbage regulated because of move ments outside the United States or Can ada. For purposes of this section, gar bage on or removed from a means of conveyance is regulated garbage, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has been in any port outside the United States and Canada within the previous 2-year pe riod. There are, however, two excep tions to this provision. These excep tions are as follows: (1) Exception 1: Aircraft. Garbage on or removed from an aircraft is exempt from requirements under paragraph (d) of this section if the following condi tions are met when the garbage is on or removed from the aircraft: (i) The aircraft had previously been cleared of all garbage and of all meats and meat products, whatever the coun try of origin, except meats that are shelf-stable; all fresh and condensed milk and cream from countries des ignated in 9 CFR 94.1 as those in which foot-and-mouth disease exists; all fresh fruits and vegetables; and all eggs; and the items previously cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (d)(2) and (d)(3) of this section. (ii) After the garbage and stores re ferred to in paragraph (b)(1)(i) of this section were removed, the aircraft has not been in a non-Canadian foreign port. (2) Exception 2: Other conveyances. Garbage on or removed in the United States from a means of conveyance other than an aircraft is exempt from requirements under paragraph (d) of this section if the following conditions are met when the garbage is on or re moved from the means of conveyance: (i) The means of conveyance is ac companied by a certificate from an in spector stating the following: (A) That the means of conveyance had previously been cleared of all gar bage and of all meats and meat prod ucts, whatever the country of origin, except meats that are shelf-stable; all fresh and condensed milk and cream from countries designated in 9 CFR 94.1 VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 445 Animal and Plant Health Inspection Service, USDA ยง 330.401 as those in which foot-and-mouth dis ease exists; all fresh fruits and vegeta bles; and all eggs; and the items pre viously cleared from the means of con veyance as prescribed by this para graph have been disposed of according to the procedures for disposing of regu lated garbage, as specified in para graphs (d)(2) and (d)(3) of this section. (B) That the means of conveyance had then been cleaned and disinfected in the presence of the inspector; and (ii) Since being cleaned and dis infected, the means of conveyance has not been in a non-Canadian foreign port. (c) Garbage regulated because of certain movements to or from Hawaii, territories, or possessions. For purposes of this sec tion, garbage on or removed from a means of conveyance is regulated gar bage, if at the time the garbage is on or removed from the means of convey ance, the means of conveyance has moved during the previous 1-year pe riod, either directly or indirectly, to the continental United States from any territory or possession or from Hawaii, to any territory or possession from any other territory or possession or from Hawaii, or to Hawaii from any terri tory or possession. There are, however, two exceptions to this provision. These exceptions are as follows: (1) Exception 1: Aircraft. Garbage on or removed from an aircraft is exempt from requirements under paragraph (d) of this section if the following two con ditions are met when the garbage is on or removed from the aircraft: (i) The aircraft had been previously cleared of all garbage and all fresh fruits and vegetables, and the items previously cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (d)(2) and (d)(3) of this section. (ii) After the garbage and stores re ferred to in paragraph (c)(1)(i) of this section were removed, the aircraft has not moved to the continental United States from any territory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii; or to Ha waii from any territory or possession. (2) Exception 2: Other conveyances. Garbage on or removed from a means of conveyance other than an aircraft is exempt from requirements under para graph (d) of this section if the fol lowing two conditions are met when the garbage is on or removed from the means of conveyance: (i) The means of conveyance is ac companied by a certificate from an in spector stating that the means of con veyance had been cleared of all garbage and all fresh fruits and vegetables; and the items previously cleared from the means of conveyance as prescribed by this paragraph have been disposed of according to the procedures for dis posing of regulated garbage, as speci fied in paragraphs (d)(2) and (d)(3) of this section. (ii) After being cleared of the garbage and stores referred to in paragraph (c)(2)(i) of this section, the means of conveyance has not moved to the con tinental United States from any terri tory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii; or to Hawaii from any terri tory or possession. (d) Restrictions on regulated garbage. (1) Regulated garbage may not be dis posed of, placed on, or removed from a means of conveyance except in accord ance with this section. (2) Regulated garbage is subject to general surveillance for compliance with this section by inspectors and to disposal measures authorized by the Plant Protection Act and the Animal Health Protection Act to prevent the introduction and dissemination of pests and diseases of plants and live stock. (3) All regulated garbage must be contained in tight, covered, leak-proof receptacles during storage on board a means of conveyance while in the terri torial waters, or while otherwise with in the territory of the United States. All such receptacles shall be contained inside the guard rail if on a watercraft. Such regulated garbage shall not be unloaded from such means of convey ance in the United States unless such regulated garbage is removed in tight, covered, leak-proof receptacles under VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00455 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 446 7 CFR Ch. III (1–1–18 Edition) § 330.402 the direction of an inspector to an ap proved facility for incineration, steri lization, or grinding into an approved sewage system, under direct super vision by such an inspector, or such regulated garbage is removed for other handling in such manner and under such supervision as may, upon request in specific cases, be approved by the Administrator as adequate to prevent the introduction and dissemination of plant pests and animal diseases and sufficient to ensure compliance with applicable laws for environmental pro tection. Provided that, a cruise ship may dispose of regulated garbage in landfills at Alaskan ports only, if and only if the cruise ship does not have prohibited or restricted meat or animal products on board at the time it enters Alaskan waters for the cruise season, and only if the cruise ship, except for incidental travel through international waters necessary to navigate safely be tween ports, remains in Canadian and U.S. waters off the west coast of North America, and calls only at continental U.S. and Canadian ports during the en tire cruise season. (i) Application for approval of a facil ity or sewage system may be made in writing by the authorized representa tive of any carrier or by the official having jurisdiction over the port or place of arrival of the means of convey ance to the Administrator, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Wash ington, DC 20250. The application must be endorsed by the operator of the fa cility or sewage system. (ii) Approval will be granted if the Administrator determines that the re quirements set forth in this section are met. Approval may be denied or with drawn at any time, if the Adminis trator determines that such require ments are not met, after notice of the proposed denial or withdrawal of the approval and the reasons therefor, and an opportunity to demonstrate or achieve compliance with such require ments, has been afforded to the oper ator of the facility or sewage system and to the applicant for approval. How ever, approval may also be withdrawn without such prior procedure in any case in which the public health, inter est, or safety requires immediate ac tion, and in such case, the operator of the facility or sewage system and the applicant for approval shall promptly thereafter be given notice of the with drawal and the reasons therefor and an opportunity to show cause why the ap proval should be reinstated. (e) The Plant Protection and Quar antine Programs and Veterinary Serv ices, Animal, and Plant Health Inspec tion Service, will cooperate with other Federal, State, and local agencies re sponsible for enforcing other statutes and regulations governing disposal of the regulated garbage to the end that such disposal shall be adequate to pre vent the dissemination of plant pests and livestock or poultry diseases and comply with applicable laws for envi ronmental protection. The inspectors, in maintaining surveillance over regu lated garbage movements and disposal, shall coordinate their activities with the activities of representatives of the Environmental Protection Agency and other Federal, State, and local agen cies also having jurisdiction over such regulated garbage § 330.402 Garbage generated in Ha waii. (a) Applicability. This section applies to garbage generated in households, commercial establishments, institu tions, and businesses prior to inter state movement from Hawaii, and in cludes used paper, discarded cans and bottles, and food scraps. Such garbage includes, and is commonly known as, municipal solid waste. (1) Industrial process wastes, mining wastes, sewage sludge, incinerator ash, or other wastes from Hawaii that the Administrator determines do not pose risks of introducing animal or plant pests or diseases into the continental United States are not regulated under this section. (2) The interstate movement from Hawaii to the continental United States of agricultural wastes and yard waste (other than incidental amounts (less than 3 percent) that may be present in municipal solid waste de spite reasonable efforts to maintain source separation) is prohibited. (3) Garbage generated onboard any means of conveyance during interstate VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 447 Animal and Plant Health Inspection Service, USDA § 330.403 movement from Hawaii is regulated under § 330.401. (b) Restrictions on interstate movement of garbage. The interstate movement of garbage generated in Hawaii to the continental United States is regulated as provided in this section. (1) The garbage must be processed, packaged, safeguarded, and disposed of using a methodology that the Adminis trator has determined is adequate to prevent the introduction or dissemina tion of plant pests into noninfested areas of the United States. (2) The garbage must be moved under a compliance agreement in accordance with § 330.403. APHIS will only enter into a compliance agreement when the Administrator is satisfied that the Agency has first satisfied all its obliga tions under the National Environ mental Policy Act and all applicable Federal and State statutes to fully as sess the impacts associated with the movement of garbage under the com pliance agreement. (3) All such garbage moved interstate from Hawaii to any of the continental United States must be moved in com pliance with all applicable laws for en vironmental protection. § 330.403 Compliance agreement and cancellation. (a) Any person engaged in the busi ness of handling or disposing of gar bage in accordance with this subpart must first enter into a compliance agreement with the Animal and Plant Health Inspection Service (APHIS). Compliance agreement forms (PPQ Form 519) are available without charge from local USDA/APHIS/Plant Protec tion and Quarantine offices, which are listed in telephone directories. (b) A person who enters into a com pliance agreement, and employees or agents of that person, must comply with the following conditions and any supplemental conditions which are list ed in the compliance agreement, as deemed by the Administrator to be necessary to prevent the dissemination into or within the United States of plant pests and livestock or poultry diseases: (1) Comply with all applicable provi sions of this subpart; (2) Allow inspectors access to all records maintained by the person re garding handling or disposal of gar bage, and to all areas where handling or disposal of garbage occurs; (3)(i) If the garbage is regulated under § 330.401, remove garbage from a means of conveyance only in tight, covered, leak-proof receptacles; (ii) If the garbage is regulated under § 330.402, transport garbage interstate in packaging approved by the Adminis trator; (4) Move the garbage only to a facil ity approved by the Administrator; and (5) At the approved facility, dispose of the garbage in a manner approved by the Administrator and described in the compliance agreement. (c) Approval for a compliance agree ment may be denied at any time if the Administrator determines that the ap plicant has not met or is unable to meet the requirements set forth in this subpart. Prior to denying any applica tion for a compliance agreement, APHIS will provide notice to the appli cant thereof, and will provide the ap plicant with an opportunity to dem onstrate or achieve compliance with requirements. (d) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancella tion and the reasons for the cancella tion will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the deci sion, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compli ance agreement was wrongfully can celed. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. This administra tive remedy must be exhausted before a VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R 448 7 CFR Ch. III (1–1–18 Edition) Pt. 331 person can file suit in court chal lenging the cancellation of a compli ance agreement. (e) Where a compliance agreement is denied or canceled, the person who en tered into or applied for the compli ance agreement may be prohibited, at the discretion of the Administrator, from handling or disposing of regulated garbage. (Approved by the Office of Management and Budget under control numbers 0579–0015, 0579–0054, and 0579–0292) PART 331—POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS Sec. 331.1 Definitions. 331.2 Purpose and scope. 331.3 PPQ select agents and toxins. 331.4 [Reserved] 331.5 Exemptions. 331.6 [Reserved] 331.7 Registration and related security risk assessments. 331.8 Denial, revocation, or suspension of registration. 331.9 Responsible official. 331.10 Restricting access to select agents and toxins; security risk assessments. 331.11 Security. 331.12 Biocontainment. 331.13 Restricted experiments. 331.14 Incident response. 331.15 Training. 331.16 Transfers. 331.17 Records. 331.18 Inspections. 331.19 Notification of theft, loss, or release. 331.20 Administrative review. AUTHORITY: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 70 FR 13278, Mar. 18, 2005, unless otherwise noted. § 331.1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Attorney General. The Attorney Gen eral of the United States or any person authorized to act for the Attorney Gen eral. Biological agent. Any microorganism (including, but not limited to, bacteria, viruses, fungi, or protozoa), or infec tious substance, or any naturally oc curring, bioengineered, or synthesized component of any such microorganism or infectious substance, capable of causing: (1) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (2) Deterioration of food, water, equipment, supplies, or material of any kind; or (3) Deleterious alteration of the envi ronment. Centers for Disease Control and Preven tion (CDC). The Centers for Disease Control and Prevention of the U.S. De partment of Health and Human Serv ices. Diagnosis. The analysis of specimens for the purpose of identifying or con firming the presence or characteristics of a select agent or toxin, provided that such analysis is directly related to protecting the public health or safety, animal health or animal products, or plant health or plant products. Entity. Any government agency (Fed eral, State, or local), academic institu tion, corporation, company, partner ship, society, association, firm, sole proprietorship, or other legal entity. HHS Secretary. The Secretary of the Department of Health and Human Services or his or her designee, unless otherwise specified. HHS select agent and/or toxin. A bio logical agent or toxin listed in 42 CFR 73.3. Import. To move into, or the act of movement into, the territorial limits of the United States. Information security. Protecting infor mation and information systems from unauthorized access, use, disclosure, disruption, modification, or destruc tion in order to provide: (1) Integrity, which means guarding against improper information modi fication or destruction, and includes ensuring information authenticity; (2) Confidentiality, which means pre serving authorized restrictions on ac cess and disclosure, including means for protecting personal privacy and proprietary information; and VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns ha ttu ck o n D S K 9F 9S C 42 P R O D w ith C F R