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Title 7Subtitle BChapter IIIPart 301 → Subpart C


Title 7: Agriculture
PART 301—DOMESTIC QUARANTINE NOTICES


Subpart C—Fruit Flies


Contents
§301.32   Restrictions on interstate movement of regulated articles.
§301.32-1   Definitions.
§301.32-2   Regulated articles.
§301.32-3   Quarantined areas.
§301.32-4   Conditions governing the interstate movement of regulated articles from quarantined areas.
§301.32-5   Issuance and cancellation of certificates and limited permits.
§301.32-6   Compliance agreements and cancellation.
§301.32-7   Assembly and inspection of regulated articles.
§301.32-8   Attachment and disposition of certificates and limited permits.
§301.32-9   Costs and charges.
§301.32-10   Treatments.

Source: 73 FR 32432, June 9, 2008, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019.

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§301.32   Restrictions on interstate movement of regulated articles.

(a) No person may move interstate from any quarantined area any regulated article except in accordance with this subpart.1

1Permit and other requirements for the interstate movement of any of the fruit flies regulated under this subpart are contained in part 330 of this chapter.

(b) Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of any plant, plant pest, plant product, article, or means of conveyance that is moving, or has moved into or through the United States or interstate if the Secretary has reason to believe the article is a plant pest or is infested with a plant pest at the time of movement.

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§301.32-1   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. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture.

Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of fruit flies and may be moved interstate to any destination.

Commercially produced. Fruits and vegetables that an inspector identifies as having been produced for sale and distribution in mass markets. Such identification will be based on a variety of indicators, including, but not limited to: Quantity of produce, monocultural practices, pest management programs, good sanitation practices including destruction of culls, type of packaging, identification of grower or packinghouse on the packaging, and documents consigning the shipment to a wholesaler or retailer.

Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart.

Core area. The area within a circle surrounding each site where fruit flies have been detected using a 12 -mile radius with the detection site as a center point.

Day degrees. A unit of measurement used to measure the amount of heat required to further the development of fruit flies through their life cycle. Day-degree life cycle requirements are calculated through a modeling process specific for each species of fruit fly.

Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with §301.32-4(c).

Dripline. The line around the canopy of a plant.

Fruit fly (fruit flies). The melon fruit fly, Mexican fruit fly, Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote fruit fly, or West Indian fruit fly, or other species of insects found in the family Tephritidae, collectively.

Infestation. The presence of fruit flies or the existence of circumstances that makes it reasonable to believe that fruit flies are present.

Inspector. Any employee of APHIS or other person authorized by the Administrator to enforce this subpart.

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

Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with §301.32-5(b) only to a specified destination and only in accordance with specified conditions.

Mediterranean fruit fly. The insect known as Mediterranean fruit fly, Ceratitis capitata (Wiedemann), in any stage of development.

Melon fruit fly. The insect known as the melon fruit fly, Bactrocera cucurbitae (Coquillett), in any stage of development.

Mexican fruit fly. The insect known as Mexican fruit fly, Anastrepha ludens (Loew), in any stage of development.

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

Oriental fruit fly. The insect known as Oriental fruit fly, Bactrocera dorsalis (Hendel), in any stage of development.

Peach fruit fly. The insect known as peach fruit fly, Anastrepha zonata (Saunders), in any stage of development.

Person. Any individual, partnership, corporation, association, joint venture, or other legal entity.

Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service that has been delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.

Quarantined area. Any State, or any portion of a State, designated as a quarantined area in accordance with §301.32-3.

Regulated article. Any article listed in §301.32-2 or otherwise designated as a regulated article in accordance with §301.32-2(d).

Sapote fruit fly. The insect known as the sapote fruit fly, Anastrepha serpentina, in any stage of development.

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.

West Indian fruit fly. The insect known as the West Indian fruit fly, Anastrepha obliqua (Macquart), in any stage of development.

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§301.32-2   Regulated articles.

(a) In the following table, the berry, fruit, nut, or vegetable listed in each row in the left column is a regulated article for each of the fruit fly species listed in that row in the right column, unless the article is canned, dried, or frozen below −17.8 °C (0 °F):

Botanical nameCommon name(s)Fruit fly
Abelmoschus esculentus = Hibiscus esculentusOkraMelon, Peach.
Acca sellowiana = Feijoa sellowianaPineapple guavaMediterranean, Oriental, Peach.
Actinidia chinensisKiwiMediterranean.
Aegle marmelosIndian baelPeach.
Anacardium occidentaleCashewOriental.
Annona cherimolaCherimoyaMexican, Oriental, Peach.
Annona glabraPond-appleSapote.
Annona muricataSoursopMelon, Oriental, Peach.
Annona reticulataCustard apple, AnnonaMelon, Mexican, Oriental, Peach.
Annona squamosaCustard applePeach.
Artocarpus altilisBreadfruitOriental.
Artocarpus heterophyllusJackfruitOriental.
Averrhoa carambolaCarambola, Country gooseberryOriental, West Indian.
Benincasa hispidaMelon, ChineseMelon.
Brassica junceaMustard, leafMelon.
Brassica oleracea var. botrytisCauliflowerMelon.
Brosimum alicastrumRamónWest Indian.
Byrsonima crassifoliaNanceSapote.
Calophyllum inophyllumAlexandrian-laurel, LaurelOriental.
Cananga odorataYlang-YlangOriental.
Capsicum annumPepper, chiliMediterranean, Melon, Oriental.
Capsicum frutescensPepper, tabascoMediterranean, Melon.
Capsicum frutescens abbreviatumOriental bush red pepperOriental.
Capsicum frutescens var. grossumPepper, sweetOriental.
Carica papayaPapayaMediterranean, Melon, Oriental, Peach.
Carissa grandifloraNatal plumOriental.
Carissa macrocarpaNatal plumMediterranean.
Casimiroa edulisSapote, whiteMediterranean.
Casimiroa greggii = Sargentia greggiiSargentia, yellow chapoteMexican.
Casimiroa sppSapoteMexican.
Cereus coerulescensCactusOriental.
Chrysophyllum cainitoStar appleOriental, Sapote.
Chrysophyllum oliviformeCaimitilloOriental.
Citrofortunella japonicaOrange, calamondinPeach.
Citrullus colocynthisColocynthMelon.
Citrullus lanatus = Citrullus vulgarisWatermelonMelon, Peach.
Citrullus sppMelonMelon.
Citrus aurantiifoliaLimeMediterranean, Mexican,1 Oriental, Peach.
Citrus aurantiumOrange, sourMediterranean, Mexican, Oriental, Peach.
Citrus jambhiriLemon, RoughMediterranean.
Citrus latifoliaLime, PersianOriental.
Citrus limonLemonMediterranean,2 Mexican,3 Oriental, Peach.
Citrus limon × reticulataLemon, MeyerMediterranean.
Citrus madurensis = xCitrofortunella mitisOrange, PanamaSapote.
Citrus maxima = Citrus grandisPummelo or ShaddockMediterranean, Mexican, Oriental, Peach.
Citrus medicaCitrus citronMediterranean, Mexican, Peach.
Citrus paradisiGrapefruitMediterranean, Melon, Mexican, Oriental, Peach.
Citrus reticulataMandarin orange, tangerineMediterranean, Mexican, Oriental, Peach.
Citrus reticulata var. UnshuOrange, UnshuMediterranean, Oriental.
Citrus reticulata × C. sinensis = Citrus nobilisOrange, kingMediterranean, Melon, Oriental, Peach.
Citrus reticulata × FortunellaOrange, calamondinMediterranean, Mexican, Oriental.
Citrus sinensisOrange, sweetMediterranean, Melon, Mexican, Oriental, Peach.
Citrus sppCitrusSapote.
Clausena lansiumWampiOriental.
Coccinia sppGourdsMelon, Peach.
Coccoloba uviferaSeagrapeOriental.
Coffea arabicaCoffee, ArabianOriental.
Cresentia sppGourdsMelon, Peach.
Cucumis melo and Cucumis melo var. CantalupensisCantaloupeMelon, Peach.
Cucumis melo var. conomonMelon, oriental picklingMelon.
Cucumis pubescens and Cucumis trigonusCucurbitMelon.
Cucumis sativusCucumberMelon, Oriental, Peach.
Cucumis utilissimusMelon, longPeach.
Cucurbita maximaSquashMelon.
Cucurbita moschataPumpkin, CanadaMelon.
Cucurbita pepoPumpkinMelon.
Cydonia oblongaQuinceMexican, Mediterranean, Oriental, Peach, Sapote.
Cyphomandra betaceaeTomato, treeMelon.
Diospyros digynaBlack sapoteSapote.
Diospyros discolorVelvet appleOriental.
Diospyros khakiJapanese persimmonMediterranean, Oriental.
Diospyros sppSapoteSapote, West Indian.
Dovyalis hebecarpaKitembillaOriental, Sapote, West Indian.
Dracena dracoDragon treeOriental.
Elaeocarpus angustifoliusBlue marbletree; New Guinea quandongPeach.
Elaeocarpus grandiflorusLily of the valley treePeach.
Elaeocarpus madopetalusMa-kok-namPeach.
Eriobotrya japonicaLoquatMediterranean, Oriental, Peach, West Indian.
Eugenia brasiliensis = E. dombeyiBrazil-cherry, grumichamaMediterranean, Oriental, Peach.
Eugenia malaccensisMalay appleOriental.
Eugenia unifloraSurinam cherryMediterranean, Oriental, Peach.
Euphoria longanLonganOriental.
Ficus benghalensisFig, BanyanPeach.
Ficus caricaFigMediterranean, Melon, Oriental, Peach.
Ficus macrophyllaFig, Moreton BayPeach.
Ficus retusaFig, glossy leafPeach.
Ficus rubiginosaFig, Port JacksonPeach.
Ficus sppFigPeach.
Fortunella japonicaChinese Orange, KumquatMediterranean, Oriental, Peach.
Garcinia celebicaGourkaOriental.
Garcinia mangostanaMangosteenOriental.
Grewia asiaticaPhalsaPeach.
Jubaea chilensis = Jubaea spectabilisSyrup palmOriental.
Juglans hindsiiWalnutOriental.
Juglans regiaWalnut, EnglishOriental.
Juglans sppWalnut with huskMediterranean.
Lablab purpureus subsp. purpureus = Dolichos lablabBean, hyacinthMelon.
Lagenaria sppGourdsMelon, Peach.
Luffa acutangulaGourd, ribbed or ridged, luffaPeach.
Luffa aegyptiacaGourd, smooth luffa, spongePeach.
Luffa sppGourdsMelon, Peach.
Luffa vulgarisGourdPeach.
Lychee chinensisLychee nutOriental
Lycopersicon esculentumTomatoMediterranean,4 Melon, Oriental, Peach.
Madhuca indica = Bassia latifoliaMahua, mowra-buttertreePeach.
Malpighia glabraCherry, BarbadosOriental, West Indian.
Malpighia punicifoliaWest Indian cherryOriental.
Malus sylvestrisAppleMediterranean, Melon, Mexican, Oriental, Sapote, Peach.
Mammea americanaMammy appleMexican, Oriental, Peach, Sapote.
Mangifera foetidaMango, BachangPeach.
Mangifera indicaMangoAll.
Mangifera odorataKuinePeach.
Manilkara hexandraSapodilla, balataPeach.
Manilkara jaimiqui subsp. emarginataSapodilla, wildPeach.
Manilkara zapotaSapodilla, chikuOriental, Peach, Sapote, West Indian.
Mimusops elengiSpanish cherryMediterranean, Oriental.
Momordica balsaminaBalsam apple, hawthornPeach.
Momordica charantiaBalsam pear, bitter melonPeach.
Momordica cochinchinensisBalsam apple, gacPeach.
Momordica sppGourdsMelon, Peach.
Morus nigraMulberryOriental.
Murraya exoticaMock orangeMediterranean, Oriental.
Musa × paradisiaca = Musa paradisiaca subsp. sapientumBananaOriental.
Musa acuminata = Musa nanaBanana, dwarfOriental.
Ochrosia ellipticaOrange, bourbonPeach.
Olea europeaOliveMediterranean.
Opuntia ficus-indica = Opuntia megacanthaPrickly pearOriental.
Opuntia sppOpuntia cactusMediterranean.
Passiflora edulisPassionflower, passionfruit, yellow lilikoiMelon, Oriental, West Indian.
Passiflora laurifoliaLemon, waterMelon.
Passiflora ligularisGranadilla, sweetOriental.
Passiflora quadrangularisGranadilla, giantWest Indian.
Passiflora tripartita var. mollissimaPassionflower, softleafOriental.
Persea americanaAvocadoMediterranean, Melon, Mexican, Oriental, Peach, Sapote.
Phaseolus lunatus = Phaseolus limensisBean, limaMelon.
Phaseolus vulgarisBean, mungMelon.
Phoenix dactyliferaDate palmMediterranean, Melon, Oriental, Peach.
Planchonia careya = Careya arboreaPatana oak, kumbhiPeach.
Pouteria caimitoAbiuSapote.
Pouteria campechianaEggfruit treeOriental, Sapote.
Pouteria obovataLucmoSapote.
Pouteria viridisSapote, greenSapote.
Prunus americanaPlum, AmericanMediterranean, Mexican, Oriental, Peach.
Prunus armeniacaApricotMediterranean, Mexican, Oriental, Peach.
Prunus aviumSweet cherryMediterranean, Peach.
Prunus cerasusSour cherryMediterranean, Peach.
Prunus domesticaPlum, EuropeanMediterranean, Mexican, Oriental, Peach.
Prunus dulcis = P. amygdalusAlmond with huskMediterranean, Peach5.
Prunus ilicifoliaCherry, CatalinaOriental, Peach.
Prunus lusitanicaCherry, PortugueseOriental, Peach.
Prunus persicaPeachAll.
Prunus persica var. nectarineNectarineMediterranean, Mexican, Oriental, Peach.
Prunus salicinaJapanese plumMediterranean, Mexican, Peach, West Indian.
Prunus salicina × Prunus cerasiferaMethley plumPeach.
Psidium cattleianumStrawberry guava, Cattley guavaMediterranean, Melon, Oriental.
Psidium cattleianum var. cattleianum f. lucidumYellow strawberry guavaPeach.
Psidium cattleianum var. littoraleRed strawberry guavaOriental, West Indian, Peach.
Psidium guajavaGuavaAll.
Punica granatumPomegranateMediterranean, Mexican, Oriental, Peach.
Pyrus communisPearAll.
Pyrus pashiaKaeuthPeach.
Pyrus pyrifoliaPear, sandPeach.
Rhodomyrtus tomentosaMyrtle, downy roseOriental.
Sandoricum koetjapeSantolOriental.
Santalum albumSandalwood, whiteOriental.
Santalum paniculatumSandalwoodOriental.
SapotaceaeSapota, SapodillaMexican.
Sechium eduleChayoteMelon.
Sesbania grandifloraScarlet wisteria treeMelon.
Sicyes spCucumber, burMelon.
Solanum aculeatissimumNightshadePeach.
Solanum mauritianum = S. auriculatumTobacco, wildPeach.
Solanum melongenaEggplantMediterranean,6 Melon, Peach.
Solanum muricatumPepinoOriental, Peach.
Solanum pseudocapsicumJerusalem cherryOriental, Peach.
Solanum seaforthianumNightshade, BrazilianPeach.
Solanum verbascifoliumNightshade, MulleinPeach.
Spondias dulcis = Spondias cythereaOtaheite apple, Jew plumOriental, West Indian.
Spondias mombinHog-plumSapote, West Indian.
Spondias purpureaRed mombinSapote, West Indian.
Spondias sppSpanish plum, purple mombin or CiruelaMexican.
Spondias tuberoseImbuOriental.
Syzygium aquemWater apple, watery roseapplePeach.
Syzygium cuminiJava plum, jambolanaPeach.
Syzygium jambos = Eugenia jambosRose appleMediterranean, Mexican, Oriental, Peach, West Indian.
Syzygium malaccense = Eugenia malaccensisMountain apple, Malay appleMediterranean, Peach, West Indian.
Syzygium samarangenseJava applePeach.
Terminalia belliricaMyrobalan, bellericPeach.
Terminalia catappaTropical almondOriental, Peach.
Terminalia chebulaMyrobalan, black or chebulicMediterranean, Oriental, Peach.
Thevetia peruvianaYellow oleanderMediterranean, Oriental.
Trichosanthis sppGourdsMelon, Peach.
Vaccinium sppBlueberryMediterranean.
Vigna unguiculataCowpeaMelon.
Vitis sppGrapesMediterranean, Oriental.
Vitis trifoliaGrapeMelon.
Wikstroemia phillyreifoliaAkiaOriental.
Ziziphus mauritianaChinese date, jujubePeach.

1Sour limes are not regulated articles for Mexican fruit fly.

2Only yellow lemons are regulated articles for Mediterranean fruit fly.

3Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour lemon) are not regulated articles for Mexican fruit fly.

4Only pink and red ripe tomatoes are regulated articles for Mediterranean fruit fly.

5Harvested almonds with dried husks are not regulated articles for peach fruit fly.

6Commercially produced eggplants are not regulated articles for Mediterranean fruit fly.

(b) Plants of the following species in the family Curcurbitaceae are regulated articles for the melon fruit fly only:

Cantaloupe (Cucumis melo)

Chayote (Sechium edule)

Colocynth (Citrullus colocynthis)

Cucumber (Cucumis sativus)

Cucumber, bur (Sicyes spp.)

Cucurbit (Cucumis pubescens and C. trigonus)

Cucurbit, wild (Cucumis trigonus)

Gherkin, West India (Cucumis angaria)

Gourds (Coccinia, Cresentia, Lagenaria, Luffa, Momordica, and Trichosanthis spp.)

Gourd, angled luffa (Luffa acutangula)

Gourd, balsam apple (Momordica balsaminia)

Gourd, ivy (Coccinia grandis)

Gourd, kakari (Momordica dioica)

Gourd, serpent cucumber (Trichosanthis anguina)

Gourd, snake (Trichosanthis cucumeroides)

Gourd, sponge (Luffa aegyptiaca)

Gourd, white flowered (Lagenaria siceraria)

Melon, Chinese (Benincasa hispida)

Melon, long (Cucumis utilissimus)

Pumpkin (Cucurbita pepo)

Pumpkin, Canada (Cucurbita moschata)

Squash (Cucurbita maxima)

Watermelon (Citrullus lanatus = Citrullus vulgaris)

(c) Soil within the dripline of the plants listed in paragraph (b) of this section or plants that are producing or have produced any article listed in paragraph (a) of this section.

(d) Any other product, article, or means of conveyance not listed in paragraphs (a), (b), or (c) of this section that an inspector determines presents a risk of spreading fruit flies, when the inspector notifies the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of this subpart.

[73 FR 34232, June 9, 2008, as amended at 75 FR 12962, Mar. 18, 2010]

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§301.32-3   Quarantined areas.

(a) Designation of quarantined areas. In accordance with the criteria listed in paragraph (c) of this section, the Administrator will designate as a quarantined area each State, or each portion of a State, in which a fruit fly population subject to the regulations in this subpart has been found by an inspector, or in which the Administrator has reason to believe that a fruit fly population is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which a fruit fly population has been found. The Administrator will publish the description of the quarantined area on the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/plant__health/plant__pest__info/fruit__flies/index.shtml. The description of the quarantined area will include the date the description was last updated and a description of the changes that have been made to the quarantined area. The description of the quarantined area may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories. After a change is made to the quarantined area, we will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined area.

(b) Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:

(1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and

(2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the fruit fly.

(c) Criteria for designation of a State, or a portion of a State, as a quarantined area. A State, or a portion of a State, will be designated as a quarantined area when a fruit fly population has been found in that area by an inspector, when the Administrator has reason to believe that the fruit fly is present in that area, or when the Administrator considers it necessary to quarantine that area because of its inseparability for quarantine enforcement purposes from localities in which the fruit fly has been found.

(d) Removal of a State, or a portion of a State, from quarantine. A State, or a portion of a State, will be removed from quarantine when the Administrator determines that sufficient time has passed without finding additional flies or other evidence of infestation in the area to conclude that the fruit fly no longer exists in that area.

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§301.32-4   Conditions governing the interstate movement of regulated articles from quarantined areas.

Any regulated article may be moved interstate from a quarantined area2 only if moved under the following conditions:

2Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.

(a) With a certificate or limited permit issued and attached in accordance with §§301.32-5 and 301.32-8;

(b) Without a certificate or limited permit if:

(1) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and

(2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area; and

(3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs.

(c) Without a certificate or limited permit if the regulated article is moved:

(1) By the United States Department of Agriculture for experimental or scientific purposes;

(2) Pursuant to a permit issued by the Administrator for the regulated article;

(3) Under conditions specified on the permit and found by the Administrator to be adequate to prevent the spread of fruit flies; and

(4) With a tag or label bearing the number of the permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container.

(d) Hass avocados that are grown or packed in an area quarantined for Mediterranean, Mexican, or sapote fruit fly and that are moving interstate from such an area are subject to the following additional requirements:

(1) Orchard sanitation and safeguarding requirements. (i) Hass avocado fruit that has fallen from the trees may not be included in field boxes of fruit to be packed for shipping.

(ii) Harvested Hass avocados must be placed in field boxes or containers of field boxes that are marked to show the location of the orchard. The avocados must be moved from the orchard to the packinghouse within 3 hours of harvest or they must be protected from fruit fly infestation until moved.

(iii) Hass avocados must be protected from fruit fly infestations during their movement from the orchard to the packinghouse and must be accompanied by a field record indicating the location of the orchard where the avocados originated.

(2) Packinghouse requirements for Hass avocados packed within a quarantined area. (i) All openings to the outside of the packinghouse must be covered by screening with openings of not more than 1.6 mm or by some other barrier that prevents insects from entering the packinghouse.

(ii) The packinghouse must have double doors at the entrance to the facility and at the interior entrance to the area where the avocados are packed.

(iii) If the Hass avocados were grown in an orchard within the quarantined area, the identity of the avocados must be maintained from field boxes or containers to the shipping boxes in the packinghouse so that the avocados can be traced back to the orchard in which they were grown. The avocados must be packed in boxes or crates that are clearly marked with the identity of the grower and the packinghouse.

(iv) Any boxes of Hass avocados packed in the quarantined area must be placed in a refrigerated truck or refrigerated container and remain in that truck or container while in transit through the quarantined area. Prior to leaving the packinghouse, the truck or container must be secured with a seal that will be broken when the truck or container is opened. Once sealed, the refrigerated truck or refrigerated container must remain unopened until it is outside the quarantined area.

(v) Any avocados that have not been packed or loaded into a refrigerated truck or refrigerated container by the end of the workday must be kept inside the screened packinghouse.

(3) Packinghouse requirements for Hass avocados packed outside a quarantined area but grown within a quarantined area. Hass avocados grown in an orchard within a quarantined area but packed in a packinghouse outside the quarantined area must meet the requirements of paragraph (d)(2)(iii) of this section.

(Approved by the Office of Management and Budget under control numbers 0579-0088 and 0579-0336)

[73 FR 32432, June 9, 2008, as amended at 74 FR 31159, June 30, 2009; 75 FR 12962, Mar. 18, 2010; 76 FR 43807, July 22, 2011]

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§301.32-5   Issuance and cancellation of certificates and limited permits.

(a) A certificate may be issued by an inspector3 for the interstate movement of a regulated article if the inspector determines that:

3Services of an inspector may be requested by contacting local PPQ offices, which are listed in telephone directories.

(1)(i) The regulated article has been treated under the direction of an inspector in accordance with §301.32-10; or

(ii) Based on inspection of the premises of origin, the premises are free from fruit flies; or

(iii) Based on inspection of the regulated article, the regulated article is free of fruit flies; or

(iv) The regulated articles are Hass variety avocados that have been harvested, safeguarded, and packed in accordance with the conditions in §301.32-4(d); and

(2) The regulated article will be moved through the quarantined area in an enclosed vehicle or will be completely enclosed by a covering adequate to prevent access by fruit flies; and

(3) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of fruit flies; and

(4) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.

(b) An inspector4 will issue a limited permit for the interstate movement of a regulated article if the inspector determines that:

4See footnote 3.

(1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of fruit flies because life stages of the fruit flies will be destroyed by the specified handling, processing, or utilization;

(2) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of fruit flies; and

(3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.

(c) Certificates and limited permits for the interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section.

(d) Any certificate or limited permit that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all conditions in this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. 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.

(Approved by the Office of Management and Budget under control numbers 0579-0088 and 0579-0336)

[73 FR 32432, June 9, 2008, as amended at 74 FR 31160, June 30, 2009]

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§301.32-6   Compliance agreements and cancellation.

(a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person is aware of this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement.5

5Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Emergency and Domestic Programs, 4700 River Road Unit 134, Riverdale, MD 20737-1236, and from local PPQ offices, which are listed in telephone directories.

(b) 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 any of the conditions of this subpart or with any of the provisions of the compliance agreement. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, 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 compliance agreement was wrongfully canceled. 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.

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§301.32-7   Assembly and inspection of regulated articles.

(a) Any person, other than a person authorized to issue certificates or limited permits under §301.32-5(c), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector6 as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired interstate movement.

6See footnote 3 to §301.32-5(a).

(b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.

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§301.32-8   Attachment and disposition of certificates and limited permits.

(a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be:

(1) Attached to the outside of the container containing the regulated article; or

(2) Attached to the regulated article itself if not in a container; or

(3) Attached to the consignee's copy of the accompanying waybill: Provided, however, that if the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article.

(b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit.

(Approved by the Office of Management and Budget under control number 0579-0088)

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§301.32-9   Costs and charges.

The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside normal business hours.

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§301.32-10   Treatments.

Regulated articles may be treated in accordance with part 305 of this chapter to neutralize fruit flies. The following treatments also may be used for the regulated articles indicated:

(a) Soil within the dripline of plants that are producing or have produced regulated articles listed §301.32(a) or (b). The following soil treatments may be used: Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the dripline with sufficient water to wet the soil to at least a depth of 0.5 inch. Both immersion and pour-on treatment procedures are also acceptable.

(b) Premises. Fields, groves, or areas that are located within a quarantined area but outside the infested core area and that produce regulated articles may receive regular treatments with either malathion or spinosad bait spray as an alternative to treating fruits and vegetables as provided in part 305 of this chapter. These treatments must take place at 6- to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for development of fruit fly egg and larvae. Determination of the time period must be based on the day degrees model for the specific fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground equipment at a rate of 2.4 oz of technical grade malathion and 9.6 oz of protein hydrolysate per acre. The spinosad bait spray treatment must be applied by aircraft or ground equipment at a rate of 0.01 oz of a USDA-approved spinosad formulation and 48 oz of protein hydrolysate per acre. For ground applications, the mixture may be diluted with water to improve coverage.

[73 FR 32432, June 9, 2008, as amended at 75 FR 4240, Jan. 26, 2010]

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