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e-CFR data is current as of October 16, 2020

Title 7Subtitle BChapter IIIPart 301 → Subpart R


Title 7: Agriculture
PART 301—DOMESTIC QUARANTINE NOTICES


Subpart R—Golden Nematode


Contents

Quarantine and Regulations

§301.85   Quarantine; restriction on interstate movement of specified regulated articles.
§301.85-1   Definitions.
§301.85-2   Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.
§301.85-2a   Regulated areas; suppressive and generally infested areas.
§301.85-2b   Exempted articles.
§301.85-3   Conditions governing the interstate movement of regulated articles from quarantined States.
§301.85-4   Issuance and cancellation of certificates and permits.
§301.85-5   Compliance agreement and cancellation thereof.
§301.85-6   Assembly and inspection of regulated articles.
§301.85-7   Attachment and disposition of certificates and permits.
§301.85-8   Inspection and disposal of regulated articles and pests.
§301.85-9   Movement of live golden nematodes.
§301.85-10   Nonliability of the Department.

Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019.

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Quarantine and Regulations

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§301.85   Quarantine; restriction on interstate movement of specified regulated articles.

(a) Notice of quarantine. Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary of Agriculture quarantines the State of New York in order to prevent the spread of the golden nematode (Globodera rostochiensis), which causes a dangerous disease of potatoes and certain other plants and is not widely prevalent or distributed within and throughout the United States. Through the aforementioned authorities, the Secretary imposes a quarantine on the State of New York with respect to the interstate movement from that State of the articles described in paragraph (b) of this section, issues regulations in this subpart governing the movement of such articles, and gives notice of this quarantine action.

(b) Quarantine restrictions on interstate movement of specified regulated articles. No common carrier or other person shall move interstate from any quarantined State any of the following articles (defined in §301.85-1 as regulated articles), except in accordance with the conditions prescribed in this subpart:

(1) Soil, compost, humus, muck, peat, and decomposed manure, separately or with other things.

(2) Plants with roots, except soil-free aquatic plants.

(3) Grass sod.

(4) Plant crowns and roots for propagation.

(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.

(6) Irish potatoes included within any one or more of the following paragraph (b)(6)(i), (ii), or (iii) of this section:

(i) Irish potatoes for seed; and

(ii) Irish potatoes unless—

(A) Each is at least 112 inches in diameter based on measurement by a sizing screen or sizing chain, each is substantially free of soil as a result of grading (a method of removing soil mechanically) under a compliance agreement in accordance with §301.85-5(b), and they are moved in an approved container; or

(B) Each is substantially free of soil as a result of washing or fluming under a compliance agreement in accordance with §301.85-5(b), and they are moved in an approved container; or

(iii) Irish potatoes harvested from a field tested and found by an inspector to contain an identifiable population of viable golden nematodes, unless such field had been subsequently treated in accordance with paragraph (b)(6)(iii) (A), (B), or (C) of this section under the supervision of an inspector and in accordance with any additional conditions found necessary by the inspector to assure effective application of the pesticide used; and unless headlands and farm roads are treated in accordance with paragraph (b)(6)(iii)(D) of this section:

(A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 80 percent; plus methyl isothiocyanate, 20 percent active ingredients) per hectare (15 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist; soil to be from 3 °C to 29 °C (38 °F to 84 °F).

(B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 100 percent active ingredients) per hectare (30 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5 °C to 29 °C (40 °F to 84 °F).

(C) Applications of 168.4 liters of Telone II (1,3 dichloropropene, 92 percent active ingredient) per hectare (18 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5 °C to 32 °C (40 °F to 90 °F).

(D) Application of Vapam (sodium-N-methyl dithiocarbamate, 32.7 percent active ingredient) mixed with water at the rate of 1 part Vapam to 60 parts water and applied as a drench at the rate of 14.96 cubic meters per hectare (1600 gallons per acre); soil to be from 4.5 °C to 32 °C (40 °F to 90 °F).

(7) Root crops other than Irish potatoes.

(8) Small grains and soybeans.

(9) Hay, straw, fodder, and plant litter, of any kind.

(10) Ear corn, except shucked ear corn.

(11) Used crates, boxes, and burlap bags, and other used farm products containers.

(12) Used farm tools.

(13) Used mechanized cultivating equipment and used harvesting equipment.

(14) Used mechanized soil-moving equipment.

(15) Any other products, articles, or means of conveyance of any character whatsoever, not covered by paragraphs (b) (1) through (14) of this section, when it is determined by an inspector that they present a hazard of spread of golden nematode, and the person in possession thereof has been so notified.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 69 FR 21040, Apr. 20, 2004]

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§301.85-1   Definitions.

Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed respectively to mean:

Certificate. A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination.

Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person.

Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said service to whom authority to act in his stead has been or may hereafter be delegated.

Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws.

Generally infested area. Any part of a regulated area not designated as a suppressive area in accordance with §301.85-2.

Golden nematode. The nematode known as the golden nematode (Globodera rostochiensis), in any stage of development.

Infestation. The presence of the golden nematode or the existence of circumstances that make it reasonable to believe that the golden nematode is present.

Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator to enforce the provisions of the Quarantine and regulations in this subpart.

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

Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a specified destination for limited handling, utilization or processing or for treatment.

Mechanized cultivating equipment; and mechanized harvesting equipment. Mechanized equipment used for soil tillage, including tillage attachments for farm tractors, e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes, e.g., combines, potato conveyors, and harvesters and hay balers.

Mechanized soil-moving equipment. Equipment used for moving or transporting soil, e.g., draglines, bulldozers, dump trucks, road scrapers, etc.

Moved (movement, move). Shipped, deposited for transmission in the mail, otherwise offered for shipment, received for transportation, carried, or otherwise transported, or moved, or allowed to be moved, by mail or otherwise. “Movement” and “move” shall be construed in accordance with this definition.

Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing.

Plant Protection and Quarantine Programs. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.

Regulated area. Any quarantined State, or any portion thereof, listed as a regulated area in §301-85-2a, or otherwise designated as a regulated area in accordance with §301.85-2(b).

Regulated article. Any articles as described in §301.85(b).

Restricted destination permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certifiable under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes.

Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes.

Soil. That part of the upper layer of earth in which plants can grow.

State. Any State, territory, or district of the United States, including Puerto Rico.

Suppressive area. That portion of a regulated area where eradication of infestation is undertaken as an objective, as designated under §301.85-2(a).

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, June 7, 2005]

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§301.85-2   Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.

(a) Regulated areas and suppressive or generally infested areas. The Deputy Administrator shall list as regulated areas, in a supplemental regulation designated as §301.85-2a, each quarantined State; or each portion thereof in which golden nematode has been found or in which there is reason to believe that golden nematode is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator, in the supplemental regulation, may divide any regulated area into a suppressive area or a generally infested area in accordance with the definitions thereof in §301.85-1. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion that:

(1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and

(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the interstate spread of the golden nematode.

(b) Temporary designation of regulated areas and suppressive or generally infested areas. The Deputy Administrator or an authorized inspector may temporarily designate any other premises in a quarantined State as a regulated area and a suppressive or generally infested area, in accordance with the criteria specified in paragraph (a) of this section for listing such area, by serving written notice thereof on the owner or person in possession of such premises, and thereafter the interstate movement of regulated articles from such premises by any person having notice of the designation shall be subject to the applicable provisions of this subpart. As soon as practicable, such premises shall be added to the list in §301.85-2a if a basis then exists for their designation; otherwise the designation shall be terminated by the Deputy Administrator or an authorized inspector and notice thereof shall be given to the owner or person in possession of the premises.

(c) Termination of designation as a regulated area and a suppressive or generally infested area. The Deputy Administrator shall terminate the designation provided for under paragraph (a) of this section of any area listed as a regulated area and suppressive or generally infested area when he determines that such designation is no longer required under the criteria specified in paragraph (a) of this section.

(d) Exemption of articles from certification, permit, or other requirements. The Deputy Administrator may, in a supplemental regulation designated as §301.85-2b, list regulated articles or movements of regulated articles which shall be exempt from the certification, permit, or other requirements of this subpart under such conditions as he or she may prescribe, if he or she finds that facts exist as to the pest risk involved in the movement of such regulated articles which make it safe to so relieve such requirements.

[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]

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§301.85-2a   Regulated areas; suppressive and generally infested areas.

The civil divisions and parts of civil divisions described below are designated as golden nematode regulated areas within the meaning of the provisions of this subpart; and such regulated areas are hereby divided into generally infested areas or suppressive areas as indicated below:

New York

(1) Generally infested area:

Cayuga County. (A) The Town of Montezuma;

(B) That portion of land within the Town of Mentz owned or operated by Martens Farm which lies in an area bounded as follows: Beginning at the intersection of Tow Path Road and Maiden Lane; then west along Tow Path Road to its intersection with the Town of Mentz boundary; then north along the Town of Mentz boundary to its intersection with Maiden Lane; then east along Maiden Lane to the point of beginning.

Livingston County. (A) That portion of land in the area of South Lima North Muck in the town of Lima bounded as follows: Beginning at a point along the north side of South Lima Rd. marked by latitude/longitude coordinates 42.8553, −77.6738; then north along a farm road to coordinates 42.8588, −77.6712; then east along a farm road to coordinates 42.8596, −77.6678; then north along a farm road to coordinates 42.8624, −77.6683; then east along a farm road to coordinates 42.8624, −77.6648; then north along a farm road to coordinates number 42.8735, −77.6651; then west along a farm road to coordinates number 42.8735, −77.6684; then south along Little Conesus Creek to coordinates 42.8712, −77.6693; then west to include a portion of an access road and gravel clean off site to coordinates 42.8712, −77.6705; then south to coordinates 42.8711, −77.6704; then east to coordinates 42.8711, −77.6699; then north to coordinates 42.8712, −77.6698; then east to coordinates 42.8711, −77.6693; then south along Little Conesus Creek to coordinates 42.8688, −77.6702; then west along a farm road to coordinates 42.8688, −77.6713; then south along a farm road to coordinates 42.8659, −77.6733; then south along a farm road to coordinates 42.8642, −77.6740; then west along a farm road to coordinates 42.8643, −77.6761; then south along a farm road to coordinates 42.8567, −77.6802; then east to coordinates 42.8564, −77.6741; then south along Little Conesus Creek to coordinates 42.8553, −77.6745; then east to point of beginning at coordinates 42.8553, −77.6738;

(B) That portion of land in the area of South Lima South Muck in the town of Lima bounded as follows: Beginning at a point along the south side of South Lima Rd. marked by latitude/longitude coordinates 42.8552, −77.6774; then south to coordinates 42.8548, −77.6774; then east to coordinates 42.8548, −77.6767; then south to coordinates 42.8509, −77.6770; then south to coordinates 42.8447, −77.6772; then east to coordinates 42.8446, −77.6739; then north along a farm road to coordinates 42.8477, −77.6728; then east along a farm road to coordinates 42.8488, −77.6700; then north along a farm road to coordinates 42.8512, −77.6701; then west along a farm road to coordinates 42.8512, −77.6720; then north along a farm road to coordinates 42.8516, −77.6720; then west along a farm road to coordinates 42.8518, −77.6740; then north to coordinates 42.8541, −77.6740; then west to coordinates 42.8545, −77.6766; then north to coordinates 42.8552, −77.6765; then west to point of beginning at coordinates 42.8552, −77.6774;

(C) That portion of land in the area of Wiggle Muck in the town of Livonia bounded as follows: Beginning at a point along the west side of Plank Rd. (State highway 15A) marked by latitude/longitude coordinates 42.8489, −77.6136; then west to coordinates 42.8491, −77.6203; then south along a farm road to coordinates 42.8468, −77.6192; then south along a farm road to coordinates 42.8419, −77.6188; then east to coordinates 42.8422, −77.6161; then north along a farm road to coordinates 42.8487, −77.6168; then east to the west side of Plank Rd. marked by coordinates 42.8487, −77.6135; then north to point of beginning at coordinates 42.8489, −77.6136; and

(D) That portion of land in the town of Avon bounded as follows: Beginning at a point marked by latitude/longitude coordinates 42.9056, −77.6872; then east along a farm road to coordinates 42.9054, −77.6850; then east along a farm road to coordinates 42.9060, −77.6825; then north along a drainage ditch to coordinates 42.9069, −77.6823; then north along a drainage ditch to coordinates 42.9079, −77.6847; then north to coordinates 42.9103, −77.6844; then west along the south side of a farm road to coordinates 42.9103, −77.6857; then south along a farm road to point of beginning at coordinates 42.9056, −77.6872.

Nassau County. (A) That portion of land in the town of Oyster Bay and the village of Old Brookville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.8312 −73.5917; then proceeding north-northwest 152 along Hegemans Lane to coordinates 40.8317, −73.5917; continuing north-northwest 581 along Hegemans Lane to coordinates 40.8332, −73.5920; then heading north 473 along Hegemans Lane to coordinates 40.8345, −73.5921; continuing north 461 along Hegemans Lane to coordinates 40.8358, −73.5921; continuing north 182 along Hegemans Lane to coordinates 40.8363, −73.5921; continuing north 1227 along Hegemans Lane to coordinates 40.8397, −73.5920; continuing north 718 along Hegemans Lane to coordinates 40.8416, −73.5919; then heading west 188 to Chicken Valley Road at coordinates 40.8416, −73.5926: then heading southwest 70 along Chicken Valley Road to coordinates 40.8415, −73.5928; continuing southwest 297 along Chicken Valley Road to coordinates 40.8409, −73.5936; continuing southwest 106 along Chicken Valley Road to coordinates 40.8407, −73.5938; continuing southwest 155 along Chicken Valley Road to coordinates 40.8404, −73.5914; continuing southwest 142 along Chicken Valley Road to coordinates 40.8400, −73.5944; continuing southwest 125 along Chicken Valley Road to coordinates 40.8397, −73.5946; continuing southwest 36 along Chicken Valley Road to coordinates 40.8397, −73.5947: continuing southwest 38 along Chicken Valley Road to coordinates 40.8396, −73.5948; continuing southwest 201 along Chicken Valley Road to coordinates 40.8392, −73.5953; continuing southwest 98 along Chicken Valley Road to coordinates 40.8390, −73.5955; continuing southwest 61 along Chicken Valley Road to coordinates 40.8389, −73.5957; continuing southwest 187 along Chicken Valley Road to coordinates 40.8384, −73.5960; continuing southwest 62 along Chicken Valley Road to coordinates 40.8383, −73.5962; continuing southwest 142 along Chicken Valley Road to coordinates 40.8380, −73.5965; continuing southwest 252 along Chicken Valley Road to coordinates 40.8375, −73.5971; then heading southeast 254 along a wood line to coordinates 40.8370, −73.5965; then heading south-southeast 269 along a wood line to coordinates 40.8363, −73.5963; continuing south-southeast 182 along a wood line to coordinates 40.8358, −73.5962; then heading south 303 along a wood line to coordinates 40.8350, −73.5961; then heading south-southeast 175 along a wood line to coordinates 40.8346, −73.5958; then heading south 329 along a farm road to coordinates 40.8337, −73.5957; then heading southwest 76 along a farm road to coordinates 40.8335, −73.5958; then heading west-southwest 104 along a farm road to coordinates 40.8334, −73.5962; then heading south-southwest 278 along a farm road to coordinates 40.8327, −73.5965; then heading southeast 1441 along the south boundary of the Young's Farm to the starting point at coordinates 40.8312, −73.5917;

(B) That portion of land in the town of Oyster Bay and in the village of Old Brookville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.8343, −73.5921; then heading south 399 along Hegemans Lane to coordinates 40.8332, −73.5920; then heading 403 northeast along a tree line to coordinates 40.8335, −73.5906; then heading 263 north to coordinates 40.8342, −73.5906; then heading northwest 6 along Linden Lane to coordinates 40.8342, −73.5906; continuing northwest 98 along Linden Lane to coordinates 40.8343, −73.5909; continuing northwest 52 along Linden Lane to coordinates 40.8344, −73.5911; then continuing 54 northwest along Linden Lane to coordinates 40.8344, −73.5913; then heading southwest 43 along Linden Lane to coordinates 40.8344, −73.5915; then continuing southwest 170 to the starting point at coordinates 40.8343, −73.5921;

(C) That portion of land in the town of Oyster Bay and the village of Old Brookville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.8365, −73.5874; then heading south 452 to coordinates 40.8352, −73.5873; then proceeding northeast 583 to coordinates 40.8356, −73.5853; then heading north-northwest 400 to coordinates 40.8367, −73.5855; then heading 529 southwest to the starting point at coordinates 40.8365, −73.5874;

(D) That portion of land in the town of Oyster Bay in the villages of Upper Brookville and Matinecock bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.8631, −73.5671; proceeding south 240 along Chicken Valley Road to coordinates 40.8625, −73.5670; continuing south 293 along Chicken Valley Road to coordinates 40.8617, −73.5670; continuing south 131 along Chicken Valley Road to coordinates 40.8613, −73.5670; proceeding south-southwest 116 along Chicken Valley Road to coordinates 40.8610, −73.5671; continuing south-southwest 113 along Chicken Valley Road to coordinates 40.8670, −73.5672; proceeding southwest 116 along Chicken Valley Road to coordinates 40.8604, −3.5674; continuing southwest 337 along Chicken Valley Road to coordinates 40.8596, −73.5679; continuing southwest 82 along Chicken Valley Road to coordinates 40.8594, −73.5680; then heading east-northeast 819 through a wooded area to coordinates 40.8596, −73.5651; then heading southeast 1462 through a wooded area to coordinates 40.8558, −73.5634; continuing southeast 1065 through a wooded area to coordinates 40.8531, −73.5618; then heading northeast 1167 along the border with a golf course to coordinates 40.8547, −73.5581; continuing northeast 317 along the border with the golf course to coordinates 40.8552, −73.5573; then heading east-northeast 1278 along the border with a golf course to coordinates 40.8557, −73.5527; then heading south 275 along the border with a golf course to coordinates 40.8549, −73.5526; then heading northeast 873 along the golf course boundary to coordinates 40.8564, −73.5501; then heading northwest 1463 through a wooded area to coordinates 40.8602, −73.5519; then heading 615 southwest along the border of a residential area to coordinates 40.8599, −73.5541; then heading 280 northwest through a wooded area to coordinates 40.8604, −73.5548; then heading north-northwest 188 along a residential driveway to coordinates 40.8609, −73.5549; then heading west 337 along a residential driveway to coordinates 40.8609, −73.5561; then heading northwest 309 along a residential driveway to coordinates 40.8617, −73.5565; then heading north-northwest 103 along a residential driveway to coordinates 40.8620, −73.5566; continuing north-northwest 38 along a residential driveway to coordinates 40.8621, −73.5566; then heading north 108 along a residential driveway to coordinates 40.8624, −73.5566; then heading northwest 135 along a residential driveway to coordinates 40.8627, −73.5567; continuing northwest 95 along a residential driveway to coordinates 40.8630, −73.5568; then heading east 106 to a residential driveway at coordinates 40.8630, −73.5565; then heading northeast 172 along a residential driveway to coordinates 40.8631, −73.5558; continuing northeast 160 along a residential driveway to coordinates 40.8633, −73.5553; continuing northeast 20 along a residential driveway to coordinates 40.8633, −73.5552; continuing northeast 141 along a residential driveway to coordinates 40.8636, −73.5549; continuing northeast 106 along a residential driveway to coordinates 40.8639, −73.5547; then heading north-northeast 20 along a residential driveway to coordinates 40.8639, −73.5547; continuing north-northeast 107 along a residential driveway to coordinates 40.8642, −73.5546; continuing north-northeast 111 along a residential driveway to coordinates 40.8645, −73.5545; continuing north-northeast 207 along a residential driveway to coordinates 40.8650, −73.5545; then heading north 53 along a residential driveway to coordinates 40.8652, −73.5545; then heading northeast 153 along a paved driveway to coordinates 40.8655, −73.5540; continuing northeast 173 along a paved driveway to coordinates 40.8657, −73.5535; continuing northeast 71 along a paved driveway to coordinates 40.8658, −73.5533; then heading north-northeast 47 along a paved driveway to coordinates 40.8659, −73.5532; continuing north-northeast 70 along a paved driveway to coordinates 40.8661, −73.5531; continuing north-northeast 79 along a paved driveway to coordinates 40.8663, −73.5530; then heading north-northeast 109 along a paved driveway to coordinates 40.8666, −73.5530; then heading north 129 along a paved driveway to coordinates 40.8669, −73.5529; continuing north 122 along a paved driveway to coordinates 40.8673, −73.5529; then heading north-northeast 182 along a paved driveway to coordinates 40.8678, −73.5527; then heading north 23 along a paved driveway to coordinates 40.8678, −73.5527; then heading north-northwest 36 along a paved driveway to Planting Fields Road at coordinates 40.8679, −73.5528; then heading southwest 6 along Planting Fields Road to coordinates 40.8679, −73.5528; continuing southwest 48 along Planting Fields Road to coordinates 40.8679, −73.5530; then heading west 339 along Planting Fields Road to coordinates 40.8679, −73.5542; then heading west-southwest 93 along Planting Fields Road to coordinates 40.8679, −73.5545; then heading southwest 69 along Planting Fields Road to coordinates 40.8678, −73.5548; continuing southwest 79 along Planting Fields Road to coordinates 40.8677, −73.5550; continuing southwest 133 along Planting Fields Road to coordinates 40.8675, −73.5554; continuing southwest 60 along Planting Fields Road to coordinates 40.8674, −73.5556; continuing southwest 71 along Planting Fields Road to coordinates 40.8674, −73.5558; heading west-southwest 225 along Planting Fields Road to coordinates 40.8672, −73.5566; continuing west-southwest 89 along Planting Fields Road to coordinates 40.8672, −73.5570; continuing west-southwest 132 along Planting Fields Road to coordinates 40.8671, −73.5574, then heading southwest 91 along Planting Fields Road to coordinates 40.8670, −73.5577; continuing southwest 59 along Planting Fields Road to coordinates 40.8669, −73.5579; continuing southwest 240 along Planting Fields Road to coordinates 40.8665, −73.5586; continuing southwest 219 along Planting Fields Road to coordinates 40.8661, −73.5592; continuing southwest 89 along Planting Fields Road to coordinates 40.8660, −73.5594; continuing southwest 132 along Planting Fields Road to coordinates 40.8658, −73.5598; continuing southwest 93 along Planting Fields Road to coordinates 40.8657, −73.5602; continuing southwest 97 along Planting Fields Road to coordinates 40.8655, −73.5605; continuing southwest 90 along Planting Fields Road to coordinates 40.8654, −73.5608; continuing southwest 131 along Planting Fields Road to coordinates 40.8653, −73.5612; continuing southwest 80 along Planting Fields Road to coordinates 40.8652, −73.5614; continuing southwest 257 along Planting Fields Road to coordinates 40.8649, −73.5623; continuing southwest 133 along Planting Fields Road to coordinates 40.8647, −73.5627; continuing southwest 59 along Planting Fields Road to coordinates 40.8646, −73.5629; continuing southwest 85 along Planting Fields Road to coordinates 40.8645, −73.5632; then heading west-southwest 177 along Planting Fields Road to coordinates 40.8644, −73.5638; continuing west-southwest 213 along Planting Fields Road to coordinates 40.8643, −73.5646; then heading southwest 89 along Planting Fields Road to coordinates 40.8642, −73.5649; continuing southwest 58 along Planting Fields Road to coordinates 40.8642, −73.5651; continuing southwest 133 along Planting Fields Road to coordinates 40.8639, −73.5654; continuing southwest 325 along Planting Fields Road to coordinates 40.8635, −73.5664; continuing southwest 116 along Planting Fields Road to coordinates 40.8633, −73.5668; continuing southwest 100 along Planting Fields Road to the intersection with Chicken Valley Road at starting point coordinates 40.8631, −73.5671; and

(E) That portion of land in the town of Oyster Bay and in the hamlet of Old Bethpage bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.7703, −73.4460; then proceeding southwest 1997 through a wood line to Winding Road at coordinates 40.7655, −73.4493; then heading southeast 102 along Winding Road to coordinates 40.7653, −73.4490; continuing southeast 57 along Winding Road to coordinates 40.7652, −73.4488; then heading south-southeast 52 along Winding Road to coordinates 40.7650, −73.4488; continuing south-southeast 99 along Winding Road to coordinates 40.7648, −73.4487; then heading south 654 along Winding Road to coordinates 40.7630, −73.4485; then heading southeast 24 along a ramp to coordinates 40.7629, −73.4485; then heading northeast 2134 through a wood line to coordinates 40.7644, −73.4411; then heading north-northwest 1197 along the Nassau County-Suffolk County Border to coordinates 40.7677, −73.4417; then heading southwest 250 through a wood line to coordinates 40.7676, −73.4426; then heading 132 north-northwest along Restoration Road to coordinates 40.7679, −73.4426; then heading northeast 311 along Restoration Road to coordinates 40.7687, −73.4422; then heading northwest 96 along Restoration Road to coordinates 40.7689, −73.44245; continuing northwest 262 along Restoration Road to coordinates 40.7695, −73.4430; continuing northwest 173 along Restoration Road to coordinates 40.7699,−73.4433; continuing northwest 33 along Restoration Road to coordinates 40.7699, −73.4434; then heading southwest 275 along Restoration Road to coordinates 40.76942, −73.4440; continuing southwest 194 along Restoration Road to coordinates 40.76900, −73.4445; then heading north-northwest 334 along a gravel path to coordinates 40.7698, −73.4448; then heading northwest 364 along a gravel path to the starting point at coordinates 40.7703, −73.4460.

Orleans County. (A) That portion of land in the town of Barre bounded as follows: Beginning at a point on the north side of Spoil Bank Road marked by latitude-longitude coordinates 43.1327, −78.1234; then east along a farm road running parallel to Spoil Bank Road to coordinates 43.1327, −78.1191; then north along a willow hedge row to coordinates 43.1354, −78.1191; then west along a drainage ditch to coordinates 43.1353, −78.1227; then northwest along a drainage ditch to coordinates 43.1354, −78.1230; then northwest to coordinates 43.1355, −78.1232; then west to coordinates 43.1355, −78.1233; then southwest to coordinates 43.1354, −78.1234; then south along a drainage ditch to the point of beginning at coordinates 43.1327, −78.1234;

(B) That portion of land in the town of Barre bounded as follows: Beginning at a point marked by latitude-longitude coordinates 43.1548, −078.1199; then east along a farm road to coordinates 43.1548, −078.1166; then south to coordinates 43.1524, −078.1167; then west to coordinates 43.1524, −078.1199; then north along a willow hedgerow to the point beginning at coordinates 43.1548, −078.1199; and

(C) That portion of land in the town of Barre bounded as follows: Beginning at a point marked by latitude-longitude coordinates 43.1551, −78.1240; then west to coordinates 43.1551, −78.1244; then southwest to coordinates 43.1550, −78.1245; then southwest to coordinates 43.1550, −78.1245; then south to coordinates 43.1549, −78.1245; then west along a drainage ditch to coordinates 43.1548, −78.1264, then north to coordinates 43.1596, −78.1266; then east along a farm road to coordinates 43.1597, −78.1243; then south along a willow hedge to the point of beginning at coordinates 43.1551, −78.1240.

Seneca County. The town of Tyre.

Steuben County. (A) The towns of Prattsburgh and Wheeler.

(B) The area known as “Arkport Muck North” located in the town of Dansville bounded as follows: Beginning at a point along the west bank of the Marsh Ditch that intersects a farm road marked by latitude/longitude coordinates 42.4230, −77.7121; then north along the Marsh Ditch to coordinates 42.4314, −77.7158; then west along a farm road to coordinates 42.4307, −77.7204; then south along the edge of a forest to coordinates 42.4284, −77.7194; then west along a farm road to coordinates 42.4282, −77.7201; then south along a farm road to coordinates 42.4255, −77.7189; then east along a tree line to coordinates 42.4254, −77.7180; then south along a tree line to coordinates 42.4230, −77.7157; then east to point of beginning at coordinates 42.4230, −77.7121;

(C) The area known as “Arkport Muck South” located in the town of Dansville bounded as follows: Beginning at a point along the west side of New York Route 36 marked by latitude/longitude coordinates 42.4034, −77.6986; then north along the west side of New York Route 36 to coordinates 42.4145, −77.6999; then west along a farm road to coordinates 42.4145, −77.7029; then north along a farm road to coordinates 42.4160, −77.7036; then west along a farm road to coordinates 42.4162, −77.7083; then north along the west bank of the Marsh Ditch to coordinates 42.4186, −77.7097; then west along a farm road to coordinates 42.4181, −77.7121; then north along a farm road to coordinates 42.4214, −77.7140; then west along a farm road to coordinates 42.4211, −77.7198; then south along the east side of the Conrail right-of-way (Erie Lackawanna Railroad) to coordinates 42.4050, −77.7107; then east along a farm road to coordinates 42.4049, −77.7038; then south along a farm road to coordinates 42.4034, −77.7030; then east to point of beginning at coordinates 42.4034, −77.6986;

(D) That portion of land in the town of Cohocton (formerly known as the “Werthwhile Farm”) on the north side of County Road 5 (known as Brown Hill Road), and 0.2 mile west of the junction of County Road 5 with County Road 58 (known as Wager Road); and

(E) That portion of land in the town of Fremont that is bounded as follows: Beginning at a point on Babcock Road that intersects a farm road marked by latitude/longitude coordinates 42.4368, −77.5751; then west along the farm road to coordinates 42.4367, −77.5780; then south to coordinates 42.4360, −77.5780; then west to coordinates 42.4359, −77.5807; then south to coordinates 42.4335, −77.5806; then east to coordinates 42.4333, −77.5778; then south to coordinates 42.4318, −77.5777; then east to coordinates 42.4323, −77.5771; then north to coordinates 42.4330, −77.5763; then east to coordinates 42.4330, −77.5761; then north to coordinates 42.4349, −77.5756; then east to coordinates 42.4349, −77.5749; then north to the point of beginning at coordinates 42.4368, −77.5751.

Suffolk County. (A) Towns of Riverhead, East Hampton, Southampton, Southold, and Shelter Island in their entirety in Suffolk County;

(B) That portion of land in the town of Huntington and the hamlet of Melville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.7767, −72.4202; then proceeding southwest 788 along Broad Hollow Rd. to coordinates 40.7746, −72.4210; then heading east 2354 along Huntington Quadrangle Rd. to coordinates 40.7748, −72.4125; then heading south 2095 parallel to Maxess Rd. to coordinates 40.7691, −72.4121; then heading southeast 250 along Bayliss Rd. to coordinates 40.7689, −72.4113; then heading 2734 north to coordinates 40.7764, −72.4114; then heading east 1820 to coordinates 40.7767, −72.4049; then heading north 233 along Pinelawn Rd. to coordinates 40.7773, −72.4048; then heading west 4267 to the starting point at coordinates 40.7767, −72.4202;

(C) That portion of land in the town of Huntington and the hamlet of Melville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.7954, −72.4080; then proceeding south 1645 along the west boundary of White Post Farms to coordinates 40.7909, −72.4073; then proceeding east 1110 along the south boundary of White Post Farms and a housing development to coordinates 40.7910, −72.4033; then heading north 2033 parallel to Bedell Place to coordinates 40.7965, −72.4041; then heading southwest 1170 along Old Country Road to the starting point at coordinates 40.7954, −72.4080;

(D) That portion of land in the town of Huntington and the hamlet of Dix Hills bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.7904, −72.3410; then proceeding southeast 306 along Deer Park Road to coordinates 40.7896, −72.3407; continuing southeast 272 along Deer Park Road to coordinates 40.7888, −72.3404; continuing southeast 530 along Deer Park Road to coordinates 40.7874, −72.3399; then proceeding northeast 1002 along the south boundary of the DeLalio Sod Company to coordinates 40.7883, −72.3364; then proceeding northwest 541 along the east boundary of the DeLalio Sod Company and the Garden Depot to coordinates 40.7897, −72.3371; continuing northwest 554 along the east boundary of field 15-C-21 to coordinates 40.7911, −72.3377; then proceeding southwest 952 along the north boundary of field 15-C-21 to the starting point at coordinates 40.7904, −72.3410; and

(E) That portion of land in the town of Brookhaven and the hamlet of Manorville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.8542, −72.8240; then proceeding northeast 442 along South Street to coordinates 40.8545, −72.8225; continuing northeast 1086 along South Street to coordinates 40.8550, −72.8186; then proceeding east 413 to coordinates 40.8551, −72.8171 at the intersection of South Street and Wading River Rd.; then proceeding northwest 714 along Wading River Road to coordinates 40.8568, −72.8183; then continuing northwest 695 along Wading River Road to coordinates 40.8586, −72.8194; continuing northwest 497 along Wading River Road to coordinates 40.8598, −72.8202; continuing northwest 221 along Wading River Road to coordinates 40.8603, −72.8205; continuing northwest 203 along Wading River Road to coordinates 40.8608, −72.8209; continuing 194 along Wading River Road to coordinates 40.8613, −72.8212; continuing 212 along Wading River Road to coordinates 40.8618, −72.8215; proceeding northwest 30 to coordinates 40.8618, −72.8216; then heading 45 west to coordinates 40.8618, −72.8218; then heading 183 southwest along the south ramp of the Long Island Expressway to coordinates 40.8617, −72.8224; then heading west 179 parallel with the south ramp of the Long Island Expressway to coordinates 40.8617, −72.8231; then continuing west 182 to coordinates 40.8617, −72.8237; continuing west 299 parallel with the south ramp of the Long Island Expressway to coordinates 40.8618, −72.8248; then proceeding 201 southeast to coordinates 40.8617, −72.8255; continuing southwest 88 to coordinates 40.8615, −72.8257; then south 83 along a wood line to coordinates 40.8613, −72.8257; continuing south 116 along a wood line to coordinates 40.8610, −72.8257; continuing southeast 96 along a wood line to coordinates 40.8607, −72.8256; then heading 92 southwest along the wood line to coordinates 40.8605, −72.8257; then heading 47 south along the wood line to coordinates 40.8603, −72.8257; then heading southeast 194 along the wood line to coordinates 40.8599, −72.8261; continuing 87 southwest along the wood line to coordinates 40.8597, −72.8262; continuing 200 southwest along the wood line to coordinates 40.8592, −72.8265; then heading southeast 112 along the wood line to coordinates 40.8589, −72.8264; then heading east 232 along the wood line to coordinates 40.8589, −72.8256; then heading south 828 along the wood line to coordinates 40.8566, −72.8253; then heading east 246 along the northern boundary of a horse farm to coordinates 40.8567, −72.8244; then heading south 940 along the boundary of a horse farm to the starting point at coordinates 40.8542, −72.8240.

Wayne County. The town of Savannah.

(2) Suppressive area: None.

[51 FR 30050, Aug. 22, 1986, as amended at 69 FR 249, Jan. 5, 2004; 69 FR 64640, Nov. 8, 2004; 76 FR 60358, Sept. 29, 2011; 78 FR 1714, Jan. 9, 2013; 78 FR 3827, Jan. 17, 2013; 80 FR 59553, Oct. 2, 2015]

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§301.85-2b   Exempted articles.1

1The articles hereby exempted remain subject to applicable restrictions under other quarantines and other provisions of this subpart.

(a) The following articles are exempt from the certification and permit requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (4) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraphs:

(1) Small grains, if harvested in bulk or directly into approved containers, and if the small grains and containers thereof have not come into contact with the soil; or, if they have been cleaned to meet State seed sales requirements.

(2) Soybeans (other than for seed), if harvested in bulk or directly into approved containers, and if the soybeans and containers thereof have not come into contact with the soil.

(3) Unshucked ear corn, if harvested in bulk or directly into approved containers, and if the corn and containers thereof have not come into contact with the soil.

(4) Used farm tools, if cleaned free of soil.

(b) The following articles are exempt from the certification and permit requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (b) (1) through (3) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraphs: Provided, That this exemption shall not apply to any class of regulated articles specified by an inspector in a written notification to the owner or person in possession of the premises that the movement of such articles from such premises under this exemption would involve a hazard of spread of the golden nematode:

(1) Root crops (other than Irish potatoes and sugar beets), if moved in approved containers.

(2) Hay, straw, fodder, and plant litter, if moved in approved containers.

(c) Containers of the following types are approved for the purposes of this section:

(1) New paper bags; and consumer packages of any material except cloth or burlap.

(2) Crates, pallet boxes, trucks, and boxcars, if free of soil.

[35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982; 67 FR 8465, Feb. 25, 2002]

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§301.85-3   Conditions governing the interstate movement of regulated articles from quarantined States.2

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

(a) Any regulated articles except soil samples for processing, testing, or analysis may be moved interstate from any quarantined State under the following conditions:

(1) With certificate or permit issued and attached in accordance with §§301.85-4 and 301.85-7 if moved:

(i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or

(ii) From any generally infested area into or through any suppressive area; or

(iii) Between any noncontiguous suppressive areas; or

(iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the golden nematode and the person in possession thereof has been so notified; or

(v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or

(2) From any regulated area, without certificate or permit if moved:

(i) Under the provisions of §301.85-2b which exempts certain articles from certificate and permit requirements; or

(ii) From a generally infested area to a contiguous generally infested area; or

(iii) From a suppressive area to a contiguous generally infested area; or

(iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the golden nematode exists; or

(v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or

(3) From any area outside the regulated areas, if moved:

(i) With a certificate or permit attached; or

(ii) Without a certificate or permit, if:

(a) The regulated articles are exempt from certification and permit requirements under the provisions of §301.85-2b; or

(b) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.

(b) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing or analysis may be moved interstate from any regulated area only to laboratories approved3 by the Deputy Administrator and so listed by him in a supplemental regulation.4 A certificate or permit is not required to be attached to such soil samples except in those situations where the Deputy Administrator has authorized such movement only with a certificate or permit issued and attached in accordance with §§301.85-4 and 301.85-7. A certificate or permit is not required to be attached to soil samples originating in areas outside of the regulated areas if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.

3Pamphlets containing provisions for laboratory approval may be obtained from the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.

4For list of approved laboratories, see PP 639 (37 FR 7813, 15525, and amendments thereof).

[37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002]

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§301.85-4   Issuance and cancellation of certificates and permits.

(a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if the inspector determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and:

(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or

(2) Have been treated to destroy infestation in accordance with part 305 of this chapter; or

(3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.

(b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with part 305 of this chapter, when, upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of the golden nematode and requirements of other applicable Federal domestic plant quarantines have been met.

(c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart.

(d) Scientific permits to allow the interstate movement of regulated articles and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Administrator to prevent the spread of the golden nematode.

(e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use for subsequent shipments of regulated articles (except for soil samples for processing, testing, or analysis) provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may execute and issue the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with part 305 of this chapter, and if such regulated articles are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section.

(f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Deputy Administrator if he or she determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. Prior to such withdrawal, the holder of the certificate of permit shall be notified of the proposed action and the reason therefor and afforded reasonable opportunity to present his or her views thereon.

[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]

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§301.85-5   Compliance agreement and cancellation thereof.

(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector.

(b) Any person engaged in the business of removing soil from Irish potatoes by the process of grading, washing, or fluming may enter into a compliance agreement concerning such operations. The compliance agreement shall be a written agreement between the person conducting such operations and Plant Protection and Quarantine wherein such person agrees to conduct such operations in a manner which, in the judgment of the inspector supervising enforcement of the quarantine and regulations, will substantially remove the soil from the potatoes.

(c) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever the inspector finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982; 70 FR 33268, June 7, 2005]

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§301.85-6   Assembly and inspection of regulated articles.

Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under §301.85-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection.

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§301.85-7   Attachment and disposition of certificates and permits.

(a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required.

(b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.

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§301.85-8   Inspection and disposal of regulated articles and pests.

Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and golden nematodes as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) in accordance with instructions issued by the Deputy Administrator.

[37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001]

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§301.85-9   Movement of live golden nematodes.

Regulations requiring a permit for and otherwise governing the movement of live golden nematodes in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator.

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§301.85-10   Nonliability of the Department.

The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.

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