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classes, or growth habit, when limited in size and age as set forth in paragraphs (a) and (b) of this section, are too young and small successfully to be freed of soil, transported, and established in the United States, he may set forth in administrative instructions other criteria for the size-age limitation of such plants.

(e) Except as provided in this paragraph, only seeds may be imported in the case of forest trees, species of any plants used for understocks, and woody ornamental plants that are botanical species or botanical varieties and which grow true from seed. The inspector responsible may issue a permit authorizing in advance the importation of plants rather than seeds of such species and varieties specified in this paragraph whenever the importer makes a showing with his application for permit, satisfactory to the inspector, that the plants desired cannot be produced from seed because either (1) they are variations which are reproduced by vegetative means only or (2) it is impossible or impracticable to import viable seed.

(f) Restricted plant material arriving in the United States contrary to any limitation provided in this section may be refused entry.

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(1) No greater than 12 inches in height, exclusive of foliage;

(2) Specimen plants and meet the conditions prescribed for the importation of specimen plants in § 319.37-18 (a).

(b) Interpretation. Palms are considered to be in the same category as woody plants and are subject to the limitations prescribed in § 319.37-18 (a). § 319.37-19 Postentry quarantine.

(a) All restricted plant material listed in paragraph (c) of this section will be required as a condition of importation, to

be grown under the postentry quarantine conditions set forth in paragraph (b) of this section, and no such material shall be moved from the port of entry until the agreement required in paragraph (b) of this section has been filed with the inspector and other pertinent arrangements for growing in postentry quarantine have been completed to the satisfaction of the inspector. Should inspection at port of arrival of restricted plant material not listed in paragraph (c) of this section, other than that imported pursuant to § 319.37-2, reveal symptoms indicating that unrestricted release of such plant material may present pest entry risk not removed by treatment, the inspector may require such plant material to be grown in postentry quarantine when the importer has made the necessary arrangements, otherwise such plant material shall be refused entry.

(b) In the case of restricted plant material listed in paragraph (c) of this section or otherwise required by the inspector to be grown under postentry quarantine, the importer shall file with his application for permit an agreement to

(1) Grow such material on premises indicated in the permit and owned or controlled by him until released by the Branch;

(2) Permit inspectors to have access to the said premises at all reasonable daylight hours;

(3) Keep the restricted plant material and any increase therefrom identified with suitable labels showing the name of the plants and the number of the permit which authorized their importation;

(4) Make no distribution from the specified premises of the restricted plant material or increase or cut blooms therefrom, until released from the agreement by the Division, which release in the case of cut blooms may be written authorization by the inspector;

(5) Apply any remedial measure prescribed by the inspector to the imported plant material, increase therefrom, or other plants growing on the premises, including destruction of any or all of same, if necessary in the judgment of the inspector, to prevent the dissemination of a plant pest.

(c) The following restricted plant material shall as a condition of importation be grown in postentry quarantine under conditions set forth in this section.

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Where imported from

All foreign countries except Bulgaria, Canada,
England, France, Germany, and Japan.
All foreign countries except Canada, Czecho-
slovakia, England, and Germany.

All foreign countries except China and Brazil.
All foreign countries except Africa, Canada, and
India.

All foreign countries.

All foreign countries. (May not be grown under postentry quarantine in the eradication states designated in § 301.38-3 of this chapter or amendments thereof).

Canada.

All foreign countries when destined to Hawaii,
Ceylon.
Europe.

All foreign countries except Canada and those in Europe.

The Canadian province of Manitoba and provinces west thereof, when destined to the states of California, Oregon, and Washington. All foreign countries except Bulgaria, Canada, England, and Germany.

All foreign countries except Canada and New Zealand.

All foreign countries except England and India. All foreign countries except England.

All foreign countries except Argentina, Ceylon, Uruguay, and those in Europe.

All foreign countries except Germany.

All foreign countries except Canada and those in Europe.

All foreign countries except Canada.

All foreign countries except Sudan, Nigeria, India, and Trinidad.

All foreign countries.

All foreign countries except Germany.

All foreign countries except Canada, England, and France.

All foreign countries except Belgium, Canada, England, and Germany.

All foreign countries except Finland and Rumania.

All foreign countries except Bulgaria, Canada, England, and Germany.

All foreign countries except Canada and those in Europe.

All foreign countries except Canada and Germany.

All foreign countries. (May not be grown under postentry quarantine in the eradication states designated in § 801.38–3 of this chapter or amendments thereof.)

All foreign countries. (May not be grown under postentry quarantine in the eradication states designated in § 301.38-3 of this chapter or amendments thereof.)

All foreign countries except Canada.

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Pyrus spp., including stocks, when not pro- All foreign countries.

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[24 F.R. 10788, Dec. 29, 1959, as amended at 25 F.R. 10413, Oct. 29, 1960, 26 F.R. 821, Jan. 27 1961]

§ 319.37-20 Plant material refused entry.

Any plant material refused entry for noncompliance with the requirements and conditions of this subpart shall be promptly removed from the United States or abandoned by the importer for destruction, and pending such action shall be subject to the immediate application of such safeguards against escape of plant pests as the inspector may prescribe. If such restricted plant material is not promptly safeguarded by the importer, removed from the United

States, or abandoned for destruction to the satisfaction of the inspector it may be seized, destroyed, or otherwise disposed of in accordance with section 10 of the Plant Quarantine Act (7 U. S. C. 164a). Neither the Department of Agriculture nor the inspector will be responsible for any costs accruing for demurrage, shipping charges, cartage, labor, chemicals, etc., incidental to the safeguarding or disposal of plant material refused entry by the inspector, nor will the Department of Agriculture or the inspector be responsible for the value of

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(a) Ports of entry for the various kinds and classes of restricted plant material shall be those specified under § 319.37-3 through § 319.37-6. In specifying ports of entry for importations the inspector issuing permits shall be governed by the general principle that uninspected and untreated shipments shall not move long distances overland for inspection and treatment but shall be inspected and treated at the authorized point at or nearest the port of arrival.

(b) Pending development of adequate treating facilities in Guam, restricted plant material that is subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a United States port of arrival where such treating facilities are available.

§ 319.37-22

Importations for exportation and importations for transportation and exportation.

Importations of restricted plant material for exportation or for transportation and exportation subject to the quarantine and regulations of this subpart shall be subject to the Plant Safeguard Regulations in §§ 352.1 through 352.7 of this chapter as amended from time to time.

§ 319.37-23 Importations by the Department of Agriculture.

Restricted plant material may be imported by the Department of Agriculture for experimental or scientific purposes under such conditions as may be prescribed by the Director of Division and through the Plant Introduction Section of the Crops Research Division.

§ 319.37-24 Cooperation with States.

Whenever, in the opinion of the Director of Division, a State, Territory, or District of the United States covered by § 319.37 shall have taken action to suppress types of pests that may be imported

'See § 319.37-26 for a list of ports at which inspectors are located. Ports with special inspection and treating facilities are indicated by an asterisk (*).

with certain nursery stock and other plants and seeds, and shall have promulgated, when such action contributes to the suppressive program, a plant quarantine prohibiting the entry in interstate movement of specific kinds of nursery stock, other plants, or seeds that might introduce such pests, and further shall have requested through the responsible official that the United States Department of Agriculture cooperate by restricting the importation from specific foreign countries of such nursery stock, other plants, or seeds into the State, Territory, or District in question, importations thereof to said State, Territory, or District may be denied by the Director of Division either through refusing approval of a permit or such other means as he may provide in administrative instructions.

§ 319.37-24a Administrative instructions concerning importation of certain pine material from Canada.

(a) (1) In accordance with § 319.3724 of the regulations supplemental to the quarantine relating to the importation of nursery stock, plants, and seeds (7 CFR 319.37-24), the Director of the Plant Quarantine Division has determined that the States of California, Montana, Oregon, Utah, Washington, and Idaho, respectively, have taken action to suppress the European pine shoot moth, Rhyacionia buoliana Schiff, and have promulgated quarantines providing that trees with or without roots, and tree twigs or branches, of all Pinus species, native or introduced, shall not be moved from specified areas in the United States into the States of California, Montana, Oregon, Utah, and Washington, and shall not be moved from specified areas in the United States into the State of Idaho unless accompanied by a certificate issued by a duly authorized inspector of the State of origin stating that the material has been so treated as to eliminate European pine shoot moth infestation. In addition, all of the abovenamed States have respectively provided an exemption allowing the movement from specified areas in the United States into or through such States, during varying periods of the year, of cut pine trees, branches or twigs, when designated for use for ornamental purposes. It has also been determined that the European pine shoot moth is found in Canada and that this pest may be imported with such trees, twigs, and branches.

(2) There is at the present time no known treatment that will completely eliminate European pine shoot moth infestation without probable injury to pine material. Further, the States or California, Idaho, Montana, Oregon, Utah, and Washington have requested that the United States Department of Agriculture cooperate in the enforcement of their respective quarantines by restricting the importation from Canada of such pine material under conditions paralleling State restrictions on interstate movement.

(b) Pending the development of a treatment that will satisfactorily eliminate European pine shoot moth infestation from pine material, and under authority of § 319.37-24, notice is hereby given that import permits will be refused for trees with or without roots, and tree twigs or branches, of all Pinus species heretofore allowed to be imported from Canada, when destined for importation into the State of California, Idaho, Montana, Oregon, Utah, or Washington, except that, whenever one of the respective States named herein includes in its European pine shoot moth quarantine an exemption to allow the seasonal entry into such State, from specified areas in the United States, of certain otherwise prohibited pine material, a paralleling exemption shall be deemed to exist hereunder in respect to the importation from Canada, into such State, of the exempt material.

[26 F.R. 12029, Dec. 15, 1961]

§ 319.37-24b

Administrative instructions concerning importation of coconuts into Hawaii.

(a) In accordance with § 319.37-24 of the regulations supplemental to the quarantine relating to the importation of nursery stock, plants, and seeds (7 CFR 319.37-24), the Director of the Plant Quarantine Division has determined that the State of Hawaii has taken action to prevent the entry into Hawaii of the cadang-cadang disease and certain insects, virus diseases, fungi, bacteria, and other infectious agents of coconuts, and has promulgated a quarantine prohibiting the entry into Hawaii in interstate movement of any coconut plant or part thereof, including green coconut-leaf products and nuts (Cocos nucifera) capable of propagation, except that entry under permit is authorized for husked coconuts for manufacturing purposes. The State quarantine further provides

that palm hearts for edible purposes if free from leaf tissues and insect pests are enterable without restriction, and dried coconut-leaf products such as dried coconut hats and baskets may enter without permit after receiving an approved fumigation. The Director has also determined that the cadang-cadang disease and such other pests as are specified in the Hawaiian quarantine are widespread in coconut producing regions of the world other than Hawaii. There is at the present time no known treatment that will eliminate the organisms specified. Further, the State of Hawaii has requested that the U.S. Department of Agriculture cooperate in the enforcement of their coconut quarantine by prohibiting the importation into Hawaii from any foreign country of any coconut plant or part thereof, including green coconutleaf products and nuts (Cocos nucifera).

(b) Under authority of § 319.37-24, notice is hereby given that the Division will refuse to issue permits for the importation into Hawaii of coconut plants and nuts (Cocos nucifera), capable of propagation.

(Sec. 9, 76 Stat. 663; 7 U.S.C. 450) [30 F.R. 4099, Mar. 30, 1965]

§ 319.37-25 Appendix A: List of ports at which inspectors are located.

Ports with special inspection and treating facilities are indicated by an asterisk (*).

Alabama: Mobile, 106 Courthouse & Customs Building, St. Louis & St. Joseph Streets.

Alaska: Anchorage, International Airport. Arizona: Douglas, 209 U.S. Border Station. Nogales, 128 Federal Inspection Station. San Luis, U.S. Border Station.

California: Calexico, 203 Federal Inspection Building. San Diego, 300 Broadway Pier Building. *San Francisco, 101 Agriculture Building, Embarcadero at foot of Mission Street. *San Pedro, 104 Ferry Building. San Ysidro, 114 New Customs Building, International Border.

Delaware: Dover, 1607 ABG, Dover Air Force Base.

District of Columbia: *Plant Inspection Station, 14th Street and Independence Avenue SW., Washington.

Florida: Jacksonville, 311 West Monroe Street. Key West, 226 Federal Building. Pensacola, *Miami, 10 NE. Third Avenue. 312-B Federal Building. Port Canaveral, Southeast Room of Canaveral Port Authority Building, Old State Highway 401, Cape Canaveral. Port Everglades, 102 U.S. Customhouse. Tampa, 409 East Cass Street. West Palm Beach, 400 South Olive Avenue.

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