Plant quarantine safeguard regulations

19/03/2009 12:15:53
Plant quarantine safeguard regulations

Plant quarantine safeguard regulations
TITLE 7--AGRICULTURE

CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE

PART 352_PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents

Sec. 352.1 Definitions.

(a) This part may be cited by the short title: ``Safeguard
Regulations.'' This title shall be understood to include both the
regulations and administrative instructions in this part.
(b) Words used in the singular form in this part shall be deemed to
import the plural and vice versa as the case may demand. For purposes of
this part, unless the context otherwise requires, the following terms
shall be construed, respectively, to mean:
Administrative instructions. Published documents set forth in this
part relating to the enforcement of this part, and issued under
authority thereof by the Deputy Administrator.
Brought in for temporary stay where unloading or landing is not
intended. Brought in by carrier but not intended to be unloaded or
landed from such carrier. This phrase includes movement (i) departing
from the United States on the same carrier directly from the point of
arrival therein; and (ii) transiting a part of the United States before
departure therefrom, and applies whether movement under Customs
procedure is as residue cargo or follows some form of Customs entry.
Carrier; means of conveyance. Automobile, truck, animal-drawn
vehicle, railway car, aircraft, ship, or other means of transportation.
Customs. The U.S. Customs Service, Department of the Treasury, or,
with reference to Guam, the Customs Office of the Government of Guam.
Deputy Administrator. The Deputy Administrator of the Plant
Protection and Quarantine Programs, or any officer or employee of the
Plant Protection and Quarantine Programs to whom authority has
heretofore been delegated or may hereafter be delegated to act in his
stead.
Foreign trade zone. A formally prescribed area containing various
physical facilities located in or adjacent to ports of entry under the
jurisdiction of the United States and established, operated, and
maintained as a foreign trade zone pursuant to the Foreign-Trade Zones
Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended,
wherein foreign merchandise, as well as domestic merchandise, may be
deposited for approved purposes. Movement into and from such area is
subject to applicable customs, plant quarantine, and other Federal
requirements.
Immediate (export, trans-shipment, or transportation and
exportation). The period which, in the opinion of the inspector, is the
shortest practicable interval of time between the arrival of an incoming
carrier and the departure of the outgoing carrier transporting a
consignment of prohibited or restricted products or articles.
Inspector. A properly identified employee of the U.S. Department of
Agriculture or other person authorized by the Department to enforce the
provisions of the Plant Protection Act and related legislation,
quarantines, and regulations.
Intended for unloading and entry at a port other than the port of
first arrival. Brought in by carrier at a port for movement to the port
of entry under residue cargo procedure of Customs.
Other product or article. Any product or article of any character
whatsoever (other than plants, plant products, soil, plant pests, and
means of conveyance), which an inspector considers may be infested or
infected by or contain a plant pest.
Owner. The owner, or his agent (including the operator of a
carrier), having responsible custody of a plant, plant product, plant
pest, soil, or other product or article subject to this part.
Person. Any individual, corporation, company, association, firm,
partnership, society, or joint stock company.
Plant pest. ``Plant pest'' means any living stage of: Any insects,
mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or reproductive parts
thereof, viruses, or any organisms similar to or allied with any of the
foregoing, or any infectious substances, which can directly or
indirectly injure or cause disease or damage in any plants or parts
thereof, or any processed, manufactured, or other products of plants.
Plant Protection Act. Title IV of Public Law 106-224, 114 Stat. 438,
7 U.S.C. 7701-7772, which was enacted June 20, 2000.

[Page 442]

Plant Protection and Quarantine Programs. The Plant Protection and
Quarantine Programs, Animal and Plant Health Inspection Service, of the
U.S. Department of Agriculture.
Plants and plant products. Nursery stock, other plants, plant parts,
roots, bulbs, seeds, fruits, nuts, vegetables, and other plant products,
and any product constituted, in whole or in part, of plant material
which has not been so manufactured or pro cessed as to eliminate pest
risk.
Port. Any place designated by the President, Secretary of the
Treasury, or Congress at which a Customs officer is assigned with
authority to accept entries of merchandise, to collect duties, and to
enforce the various provisions of the Customs and Navigation laws in
force at that place.
Port of arrival. Any port in the United States at which a prohibited
or restricted product or article arrives.
Port of entry. A port at which a specified shipment or means of
conveyance is accepted for entry or admitted without entry into the
United States.
Residue cargo. Shipments authorized by Customs to be transported
under the Customs bond of the carrier on which the shipments arrive,
without entry being filed, for direct export from the first port of
arrival, or to another port for entry or for direct export at that port
without entry being required.
Safeguard. A procedure for handling, maintaining, or disposing of
prohibited or restricted products and articles subject to this part so
as to eliminate the risk of plant pest dissemination which the
prohibited or restricted products and articles may present.
Ship. Any means of transportation by water.
Soil. The loose surface material of the earth in which plants grow,
in most cases consisting of disintegrated rock with an admixture of
organic material and soluble salts.
Stores and furnishings. Plants and plant products for use on board a
carrier; e.g. as food or decorative material.
United States. The States, the District of Columbia, Guam, Puerto
Rico, and the Virgin Islands of the United States, and the territorial
waters of the United States adjacent to those land areas.
Unloaded or landed for transportation and exportation. Brought in by
carrier and transferred to another carrier for transportation to another
port for exportation, whether or not some form of Customs entry is made.
Unloaded or landed for transshipment and exportation. Brought in by
carrier and transferred to another carrier for exportation from the same
port, whether or not some form of Customs entry is made.

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37
FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr.
27, 2001]

Sec. 352.2 Purpose; relation to other regulations; applicability.

(a) Importations of plants, plant products, plant pests, soil, and
other products and articles that may be infested or infected by or
contain plant pests or noxious weeds are exempt from the prohibitions or
restrictions contained in parts 319 and 330 of this chapter if they meet
one of the conditions in paragraphs (a)(1) through (a)(4) of this
section and are moved into the United States and handled in compliance
with this part. Provided: That these exemptions do not apply to cotton
and covers imported into the United States from any country for
exportation or transshipment and exportation or transportation and
exportation as provided in Sec. Sec. 319.8 through 319.8-26 of this
chapter. Moreover, the applicable provisions of Sec. Sec. 330.100
through 330.109 and 330.400 of this chapter also apply to products and
articles subject to this part.
(1) They are brought in temporarily where loading and landing is not
intended;
(2) They are unloaded or landed for transshipment and exportation;
(3) They are unloaded or landed for transportation and exportation;
or
(4) They are intended for unloading and entry at a port other than
the port of arrival.
(b) Prohibited or restricted products and articles offered for and
refused entry into the United States under parts 319 or 330 of this
chapter are subject to the applicable provisions in this part regarding
their subsequent handling in this country.

[Page 443]

(c)(1) The provisions in this part apply whether the controls over
arrival, temporary stay, unloading, landing, transshipment and
exportation, or transportation and exportation, or other movement or
possession in the United States and Guam are maintained by entry or
other procedures of the U.S. Customs Service, Department of the
Treasury, or the Customs Office of the Government of Guam, respectively.
Such provisions will apply to arrivals in the United States, including
arrivals in a foreign trade zone in the United States to which admission
is sought in accordance with the Customs regulations in 19 CFR chapter
I. Prohibited or restricted products and articles that have entered the
United States, been exported pursuant to this part, and returned to the
United States are subject to the applicable requirements of this part
upon reentry.
(2) Any restrictions and requirements under this part with respect
to the arrival, temporary stay, unloading, landing, transshipment,
exportation, transportation and exportation, or other movement or
possession in the United States of any product or article shall apply to
any person who, respectively, brings into, maintains, unloads, lands,
transships, exports, transports and exports, or otherwise moves or
possesses in the United States such product or article, whether he is
the person who was required to have a permit for the product or article
or a subsequent custodian of such product or article, and failure to
comply with all applicable restrictions and requirements under this part
by any such person shall be deemed to be a violation of this part.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66
FR 21059, Apr. 27, 2001]

Sec. 352.3 Enforcement and administration.

(a) Plants, plant products, plant pests, soil, and other products
and articles subject to the regulations in this part that are unloaded,
landed, or otherwise brought or moved into or through the United States
in violation of this part may be seized, destroyed, or otherwise
disposed of in accordance with section 414 of the Plant Protection Act
(7 U.S.C. 7714). Any person who unloads, lands, or otherwise brings or
moves into or through the United States any regulated plants, plant
products, plant pests, soil, or other products or articles in violation
of this part will be subject to prosecution under the applicable
provisions of law.
(b) Whenever the Deputy Administrator of the Plant Protection and
Quarantine Programs shall find that existing conditions of danger of
plant pest escape or dissemination involved in the arrival, unloading,
landing, or other movement, or possession in the United States of
plants, plant products, plant pests, soil, or other products or articles
subject to the regulations in this part, make it safe to modify by
making less stringent the restrictions contained in any such regulation,
he shall publish such findings in administrative instructions,
specifying the manner in which the regulations shall be made less
stringent with respect thereto, whereupon such modification shall become
effective; or he may, upon request in specific cases, when the public
interests will permit, authorize arrival, unloading, landing, or other
movement, or possession in the United States under conditions that are
less stringent than those contained in the regulations in this part.
(c) The Deputy Administrator also may set forth and publish, in
administrative instructions, requirements and conditions for any class
of products or articles supplemental to the regulations in this part,
and may promulgate interpretations of this part.
(d) The Deputy Administrator shall employ procedures to carry out
the purposes of this part which will impose a minimum of impediment to
foreign commerce, consistent with proper precaution against plant pest
dissemination.

[25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001]

Sec. 352.5 Permit; requirement, form and conditions.

(a) General. (1) Permits are required for the arrival, unloading or
landing, or other movement into or through the United States of plants,
plant products, plant pests, and soil subject to this part. The permit
may consist of a general authorization as set out in paragraph (b), (c),
or (d) of this section or Sec. 352.11, or it may be a specific permit.
A specific permit may be formal or oral except as a formal permit is
required by paragraph (c) or (e) of this section. The Deputy
Administrator may in administrative instructions require specific or
formal permits for any class of products or articles subject to this
part.
(2) A formal permit may be issued in prescribed form, in letter
form, or a combination thereof. A rubber stamp impression or other
endorsement made by the inspector on pertinent Customs documents
covering the products or articles involved may constitute the formal
permit in appropriate cases.
(b) Permit for prohibited or restricted products or articles brought
in for temporary stay where unloading or landing in the United States is
not intended. No permit other than the authorization contained in this
paragraph shall be required for bringing into the United States any
plants, plant products, plant pests, or soil subject to this part for
temporary stay where unloading or landing in the United States is not
intended, e.g., in connection with residue cargo movement under Customs
procedure, or in connection with Customs entry for exportation or for
transportation and exportation. This authorization also includes
transshipment of products and articles under this paragraph from a
carrier directly to another carrier of the same company when
necessitated by an emergency or operating requirement and effected in
accordance with safeguards prescribed in writing or orally by the
inspector under Sec. 352.10.
(c) Permit for prohibited or restricted products or articles
unloaded or landed for immediate transshipment and exportation, or
immediate transportation and exportation. When in the opinion of the
inspector it is unnecessary to specify in a formal permit the safeguards
required to prevent plant pest dissemination, plants, plant products,
plant pests, or soil subject to this part may be unloaded or landed for
immediate transshipment and exportation or for immediate transportation
and exportation, as provided in Sec. 352.10, with the approval of the
inspector and no further permit than the authorization contained in this
paragraph; otherwise a formal permit shall be required for such
unloading or landing.
(d) Permit for restricted products or articles moving as residue
cargo from port of first arrival to port of entry. Restricted plants,
plant products, plant pests, or soil subject to this part arriving in
the United States for movement under residue cargo procedures of Customs
from a port of first arrival to another port for Customs entry into the
United States may be allowed to so move without permit other than the
authorization contained in this paragraph, if the inspector finds that
apparently they can meet the applicable requirements of parts 319 of
this chapter at the port where entry is to be made; otherwise a formal
permit shall be required for such movement. Such restricted products and
articles shall become subject to the applicable permit and other
requirements of parts 319 of this chapter upon arrival at the port where
Customs entry is to be made and shall not be unloaded or landed unless

[Page 445]

they comply with the applicable requirements.
(e) Formal permits required for certain prohibited or restricted
products or articles brought into a foreign trade zone. A formal permit
must be obtained to bring any prohibited or restricted plants, plant
products, plant pests, or soil subject to the provisions in this part,
into a foreign trade zone for storage, manipulation, or other handling,
except for immediate transshipment and exportation or for immediate
transportation and exportation. Special conditions to safeguard such
storage, manipulation, or other possession or handling may be specified
in the permit, and when so specified shall be in addition to any other
applicable requirements of this part or the safeguards prescribed by the
inspector or otherwise under this part.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66
FR 21059, Apr. 27, 2001]

Sec. 352.4 Documentation.

(a) Manifest. Immediately upon the arrival of a carrier in the
United States the owner shall make available to the inspector for
examination a complete manifest or other documentation from which the
inspector may determine whether there are on board any prohibited or
restricted products or articles

[Page 444]

subject to this part, other than accompanied baggage and mail.
(b) Other documentation. Any notifications, reports, and similar
documentation not specified in the regulations in this part, but
necessary to carry out the purpose of the regulations, will be
prescribed in administrative instructions.
(c) Procedure after examination of documents. After examination of
the carrier cargo manifest or other documentation the inspector may
notify the owner and the Customs officer that certain products or
articles on board the carrier are subject to this part and may not be
unloaded or landed for any purpose pending plant quarantine inspection.
In such case the owner shall not unload or land such products or
articles without authorization by an inspector.

Sec. 352.5 Permit; requirement, form and conditions.

(a) General. (1) Permits are required for the arrival, unloading or
landing, or other movement into or through the United States of plants,
plant products, plant pests, and soil subject to this part. The permit
may consist of a general authorization as set out in paragraph (b), (c),
or (d) of this section or Sec. 352.11, or it may be a specific permit.
A specific permit may be formal or oral except as a formal permit is
required by paragraph (c) or (e) of this section. The Deputy
Administrator may in administrative instructions require specific or
formal permits for any class of products or articles subject to this
part.
(2) A formal permit may be issued in prescribed form, in letter
form, or a combination thereof. A rubber stamp impression or other
endorsement made by the inspector on pertinent Customs documents
covering the products or articles involved may constitute the formal
permit in appropriate cases.
(b) Permit for prohibited or restricted products or articles brought
in for temporary stay where unloading or landing in the United States is
not intended. No permit other than the authorization contained in this
paragraph shall be required for bringing into the United States any
plants, plant products, plant pests, or soil subject to this part for
temporary stay where unloading or landing in the United States is not
intended, e.g., in connection with residue cargo movement under Customs
procedure, or in connection with Customs entry for exportation or for
transportation and exportation. This authorization also includes
transshipment of products and articles under this paragraph from a
carrier directly to another carrier of the same company when
necessitated by an emergency or operating requirement and effected in
accordance with safeguards prescribed in writing or orally by the
inspector under Sec. 352.10.
(c) Permit for prohibited or restricted products or articles
unloaded or landed for immediate transshipment and exportation, or
immediate transportation and exportation. When in the opinion of the
inspector it is unnecessary to specify in a formal permit the safeguards
required to prevent plant pest dissemination, plants, plant products,
plant pests, or soil subject to this part may be unloaded or landed for
immediate transshipment and exportation or for immediate transportation
and exportation, as provided in Sec. 352.10, with the approval of the
inspector and no further permit than the authorization contained in this
paragraph; otherwise a formal permit shall be required for such
unloading or landing.
(d) Permit for restricted products or articles moving as residue
cargo from port of first arrival to port of entry. Restricted plants,
plant products, plant pests, or soil subject to this part arriving in
the United States for movement under residue cargo procedures of Customs
from a port of first arrival to another port for Customs entry into the
United States may be allowed to so move without permit other than the
authorization contained in this paragraph, if the inspector finds that
apparently they can meet the applicable requirements of parts 319 of
this chapter at the port where entry is to be made; otherwise a formal
permit shall be required for such movement. Such restricted products and
articles shall become subject to the applicable permit and other
requirements of parts 319 of this chapter upon arrival at the port where
Customs entry is to be made and shall not be unloaded or landed unless

[Page 445]

they comply with the applicable requirements.
(e) Formal permits required for certain prohibited or restricted
products or articles brought into a foreign trade zone. A formal permit
must be obtained to bring any prohibited or restricted plants, plant
products, plant pests, or soil subject to the provisions in this part,
into a foreign trade zone for storage, manipulation, or other handling,
except for immediate transshipment and exportation or for immediate
transportation and exportation. Special conditions to safeguard such
storage, manipulation, or other possession or handling may be specified
in the permit, and when so specified shall be in addition to any other
applicable requirements of this part or the safeguards prescribed by the
inspector or otherwise under this part.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66
FR 21059, Apr. 27, 2001]

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