301.75 CITRUS CANKER
Federal Domestic
Quarantine
Sec. 301.751
Definitions
ACC coverage. The crop insurance
coverage against Asiatic citrus canker (ACC) provided under the Florida Fruit Tree
Pilot Crop Insurance Program authorized by the Federal Crop Insurance
Corporation.
Administrator. The Administrator of the
Animal and Plant Health Inspection Service or any individual authorized to act
for the Administrator.
Animal and Plant Health Inspection
Service.
The
Animal and Plant Health Inspection Service of the United States Department of
Agriculture.
Budded citrus nursery stock. Liners or rootstock
citrus plants that have been grafted with a portion of a stem or branch with a
vegetative bud (also known as budwood) that are
maintained 1 month after grafting or until the plant reaches marketability.
Budded container/greenhouse
grown citrus plants. Individual,
budded citrus nursery stock maintained in climate controlled greenhouses in
4-or 6-inch diameter pots until it is sold for commercial use.
Budded field grown citrus
plants.
Individual,
budded citrus nursery stock maintained in the fields until it is sold for
commercial use.
Certificate. An official stamp, form,
or other document of the United States Department of Agriculture authorizing
the interstate movement of a regulated article from a quarantined area into any
area of the United States.
Certified citrus nursery stock. Citrus nursery stock,
such as trees or plants, grown at a nursery that is in compliance with State
certification requirements and approved for producing citrus nursery stock for
commercial sale.
Citrus canker. A plant disease caused
by strains of the bacterium Xanthomonas axonopodis pv. citri.
Commercial citrus grove. An establishment
maintained for the primary purpose of producing citrus fruit for commercial
sale.
Commercial citrus nursery. An establishment engaged
in, but not limited to, the production of certified citrus nursery stock, including
plants for planting or replanting in commercial groves or for wholesale or
retail sales.
Commercial citrus-producing
area.
Any
area designated as a commercial citrus- producing area in accordance with
301.755 of this subpart.
Commercial packinghouse.
An establishment in which space and equipment are maintained for the primary
purpose of disinfecting and packing citrus fruit for commercial sale. A
commercial packinghouse must also be licensed, registered, or certified for
handling citrus fruit with the State in which it operates and meet all the
requirements for the license, registration, or certification that it holds.
Compliance agreement. A written agreement
between the Animal and Plant Health Inspection Service and a person engaged in
the business of growing,
maintaining, processing, handling, packing, or moving regulated articles for interstate movement, in which
the person pledges to comply with this subpart.
Departmental permit. An official document of the
United States Department of Agriculture authorizing the movement of a regulated
article from a quarantined area.
Departmental tag or label. An official tag or label
of the United States Department of Agriculture, which, attached to a regulated
article or its container, indicates that the regulated article is eligible for
interstate movement with a Departmental permit.
Exposed. Determined by an
inspector to be at risk for developing
citrus canker because of proximity during the
past 2 years to infected
plants, or to personnel, vehicles, equipment, or other articles that may have
been contaminated with bacteria that cause citrus canker.
Grove. Any tree or stand of
trees maintained to produce fruit and separated from other trees by a boundary,
such as a fence, stream, road, canal, irrigation ditch, hedgerow, open space,
or sign or marker denoting change of fruit variety.
Infected. Containing bacteria that
cause citrus canker.
Infestation. The presence of a plant or
plants infected with citrus canker at a particular location, except when the
plant or plants contracted the infection at a previous location and the
infection has not spread to any other plant at the present location.
Inspector. An individual authorized
by the Administrator to perform the specified duties.
Interstate. From any State into or
through any other State.
Limited permit. An official stamp, form,
or other document of the United States Department of Agriculture authorizing
the interstate movement of a regulated article from a quarantined area, but
restricting the areas of the United States into which the regulated article may
be moved.
Liner or rootstock. Culled seedlings in the
growing stage prior to the budding process.
Move. Ship, carry, transport,
offer for shipment, receive for shipment, or allow to be transported by any
means.
Movement. The act of shipping,
carrying, transporting, offering for shipment, receiving for shipment, or
allowing to be transported by any means.
Nursery. Any premises, including
greenhouses but excluding any grove, at which nursery stock is grown or
maintained.
Nursery stock. Living plants and plant
parts intended to be planted, to remain planted, or to be replanted.
Person. Any individual,
partnership, corporation, company, society, association, or other organized
group.
Public order. Either an Agreement to
Destroy and Covenant Not to Sue signed by the grove owner and the Florida
Department of Food and Consumer Services, Division of Plant Industry (DPI), or
an Immediate Final Order issued by DPI, both of which identify citrus trees
infected with or exposed to citrus canker and order their destruction.
Quarantined area. Any area designated as a
quarantined area in accordance with 301.754 of this subpart.
Regulated article. Any article listed in
301.753 (a) or (b) of this subpart or designated as a regulated article in
accordance with 301.753(c) of this subpart.
Regulated fruit, regulated nursery
stock, regulated plant, regulated seed, and regulated tree. Any fruit, nursery
stock, plant, seed, or tree defined as a regulated article.
Seedlings. Certified citrus seeds
densely planted in seed beds and allowed to germinate and grow until their
viability as liners or rootstock can be assessed.
State. Each of the 50 States of
the United States, the District of Columbia, Guam, the Northern Mariana
Islands, Puerto Rico, the Virgin Islands of the United States, and all other
territories and possessions of the United States.
Sec. 301.752 General
prohibitions
(A) Regulated articles
may not be moved interstate from a quarantined area except in accordance with a
protocol in 301.756, 301.757, or 301.758, or in accordance with 301.754 if less
than an entire State is designated as a quarantined area. Regulated articles
may be moved in accordance with the regulations in 301.759 for scientific or
experimental purposes only.
(B) Regulated articles
moved from a quarantined area with a limited permit may not be moved interstate
into any commercial citrus-producing area, except as follows: The regulated
articles may be moved through a commercial citrus-producing area if they are
covered, or enclosed in containers or in a compartment of a vehicle, while in
the commercial citrus-producing area, and are not unloaded in the commercial
citrus-producing area without the permission of an inspector.
(C) Regulated articles
moved interstate with a limited permit to an area of the
Sec. 301.753 Regulated
articles
(A) Plants or plant
parts, including fruit and seeds, or any of the following: All species, clones,
cultivars, strains, varieties, and hybrids of the genera Citrus and Fortunella, and all clones, cultivars,
strains, varieties, and hybrids of the species Clausena
lansium and Poncirus
trifoliata. The most common of these are: lemon, pummelo, grapefruit, key lime, persian
lime, tangerine, satsuma, tangor, citron, sweet
orange, sour orange, mandarin, tangelo, ethrog,
kumquat, limequat, calamondin,
trifoliate orange, and wampi.
(B) Grass, plant, and
tree clippings.
(C) Any other product,
article, or means of conveyance, of any character whatsoever, not covered by
paragraph (a) of this section, when it is determined by an inspector that it
presents a risk of spread of citrus canker and the person in possession thereof
has actual notice that the product, article, or means of conveyance is subject
to the provisions of this subpart.
Sec.
301.754 Quarantined areas
(A) The
following States or portions of States are designated as quarantined areas:
Jefferson
Parish: Entire parish.
Lafourche
Parish: Entire parish.
Orleans
Parish: Entire parish.
Plaquemines
Parish: Entire parish.
St
Bernard Parish: Entire parish.
St
Charles Parish: Entire parish.
St
James Parish: Entire parish.
St
John Parish: Entire parish.
All
above parishes in Louisiana State are regulated for Domestic Citrus Canker (Xanthomonas spp.)
The State of
Florida.
(B) The Administrator
may designate any non-quarantined area as a quarantined area in accordance with
paragraphs (c) and (d) of this section upon giving written notice of this
designation to the owner or persons in possession of the non-quarantined area.
Thereafter, regulated articles may be moved interstate from that area only in
accordance with this subpart. As soon as practicable, this area will be added
to the list in paragraph (a) of this section, or the Administrator will
terminate the designation. The owner or person in possession of an area for
which designation is terminated will be given written notice as soon as
practicable.
(C) Any
State or portion of a State where an infestation is detected will be designated
as a quarantined area and will remain so until the area has been without
infestation for 2 years.
(D) Less
than an entire State will be designated as a quarantined area only if all of
the following conditions are met:
(1) Survey.
No area has been designated a survey area.
(2) Intrastate
movement of regulated articles. The State enforces restrictions on the
intrastate movement of regulated articles from the quarantined area that are at
least as stringent as those on the interstate movement of regulated articles
from the quarantined area, except as follows:
(i) Regulated fruit may be moved intrastate from a
quarantined area for processing into a product other than fresh fruit if all of
the following conditions are met:
(a) The
regulated fruit is accompanied by a document that states the location of the
grove in which the regulated fruit was produced, the variety and quantity of
regulated fruit being moved intrastate, the address to which the regulated
fruit will be delivered for processing, and the date the intrastate movement
began,
(b) The regulated
fruit and any leaves and litter are completely covered or enclosed in
containers or in a compartment of a vehicle, during the intrastate movement.
(c) The
vehicles, covers, and any containers used to carry the regulated fruit
intrastate are treated in accordance with part 305 of this chapter before
leaving the premises where the regulated fruit is unloaded for processing, and
(d) All
leaves, litter, and culls collected from the shipment of regulated fruit at the
processing facility are either incinerated at the processing facility or buried
at a public landfill that is fenced, prohibits the removal of dumped material,
and covers dumped material with dirt at the end of every day that dumping
occurs.
(ii)
Regulated fruit may be moved intrastate from a quarantined area for packing,
either for subsequent interstate movement with a limited permit or for export
from the
(a) The regulated
fruit is accompanied by a document that states the location of the grove in
which the regulated fruit was produced, the variety and quantity of regulated
fruit being moved intrastate, the address to which the regulated fruit will be
delivered for packing, and the date the intrastate movement began.
(b) The
regulated fruit and any leaves and litter are completely covered or enclosed in
containers or in a compartment of a vehicle, during the intrastate movement.
(c) The
vehicles, covers, and any containers used to carry the regulated fruit
intrastate are treated in accordance with part 305 of this chapter before
leaving the premises where the regulated fruit is unloaded for packing.
(d)Any
equipment that comes in contact with the regulated fruit at the packing plant
is treated in accordance with part 305 of this chapter before being used to
handle any fruit eligible for interstate movement to commercial
citrus-producing areas, and
(e) All
leaves and litter collected from the shipment of regulated fruit at the packing
plant are either incinerated at the packing plant or buried at a public
landfill that is fenced, prohibits the removal of dumped material, and covers
dumped material with dirt at the end of every day that dumping occurs. All
culls collected from the shipment of regulated fruit are either processed into
a product other than fresh fruit, incinerated at the packing plant, or buried
at a public landfill that is fenced, prohibits the removal of dumped material,
and covers dumped material with dirt at the end of every day that dumping
occurs. Any culls moved intrastate for processing must be completely covered,
or enclosed in containers or in a compartment of a vehicle, during the
intrastate movement, and the vehicles, covers, and any containers used to carry
the regulated fruit must be treated in accordance with part 305 of this chapter
before leaving the premises where the regulated fruit is unloaded for
processing.
(iii) Grass,
tree, and plant clippings may be moved intrastate from the quarantined area for
disposal in a public landfill or for composting in a recycling facility, if all
of the following conditions are met:
(a) The
public landfill or recycling facility is located within the survey area
described in paragraph (d)(1) of this section,
(b) The
grass, tree, or plant clippings are completely covered during the movement from
the quarantined area to the public landfill or recycling facility, and
(c) Any
public landfill used is fenced, prohibits the removal of dumped material, and
covers dumped material with dirt at the end of every day that dumping occurs.
(3) Inspections.
(i) In the quarantined area, every regulated plant and
regulated tree, except indoor houseplants and regulated plants and regulated
trees at nurseries, is inspected for citrus canker at least once a year,
between May 1 through December 31, by an inspector.
(ii) In the
quarantined area, every regulated plant and regulated tree at every nursery containing
regulated plants or regulated trees is inspected for citrus canker by an
inspector at intervals of no more than 45 days.
(4) Treatment
of personnel, vehicles, and equipment. In the quarantined area, all
vehicles, equipment, and other articles used in providing inspection,
maintenance, harvesting, or related services in any grove containing regulated
plants or regulated trees, or in providing landscaping or lawn care services on
any premises containing regulated plants or regulated trees, must be treated in
accordance with part 305 of this chapter upon leaving the grove or premises.
All personnel who enter the grove or premises to provide these services must be
treated in accordance with part 305 of this chapter upon leaving the grove or
premises.
(5) Destruction
of infected plants and trees. No more than 7 days after a State or Federal
laboratory confirms that a regulated plant or regulated tree is infected, the
State must provide written notice to the owner of the infected plant or
infected tree that the infected plant or infected tree must be destroyed. The
owner must have the infected plant or infected tree destroyed within 45 days
after receiving the written notice.
Sec. 301.755 Commercial
citrus-producing areas
(A) The following are
designated as commercial citrus-producing areas:
Islands
(B) The list in paragraph
(a) of this section is intended to include jurisdictions which have commercial
citrus producing areas. Less than an entire State may be designated as a
commercial citrus-producing area only if the Administrator determines that the
area not included as a commercial citrus-
producing area does not
contain commercial citrus plantings; that the State has adopted and is
enforcing a prohibition on the intrastate movement from areas not designated as
commercial citrus-producing areas to commercial citrus-producing areas of fruit
which are designated as regulated articles and which were moved interstate from
a quarantined State pursuant to a limited permit; and that the designation of
less than the entire State as a commercial citrus-producing area will otherwise
be adequate to prevent the interstate spread of citrus canker.
Sec.
301.756 Interstate movement of regulated nursery stock from a quarantined area
(A)
Regulated nursery stock may not be moved interstate from a quarantined area unless such movement is authorized in this section.
(B) Kumquat
(Fortunella spp.) plants, with or
without fruit attached, may be moved interstate from a quarantined area into
any area of the United States except commercial citrus-producing areas if all
of the following conditions are met:
(1) The
plants are own-root-only and have not been grafted or budded;
(2) The
plants are started, are grown, and have been maintained solely at the nursery
from which they will be moved interstate.
(3) If the
plants are not grown from seed, then the cuttings used for propagation of the
plants are taken from plants located on the same nursery premises or from
another nursery that is eligible to produce kumquat plants for interstate
movement under the requirements of this paragraph (b). Cuttings may not be
obtained from properties where citrus canker is present.
(4) All
citrus plants at the nursery premises have undergone State inspection and have
been found to be free of citrus canker no less than three times. The
inspections must be at intervals of 30 to 45 days, with the most recent
inspection being within 30 days of the date on which the plants are removed and
packed for shipment.
(5) All
vehicles, equipment, and other articles used in providing inspection,
maintenance, or related services in the nursery must be treated in accordance
with part 305 of this chapter before entering the nursery to prevent the
introduction of citrus canker. All personnel who enter the nursery to provide
these services must be treated in accordance with part 305 of this chapter
before entering the nursery to prevent the introduction of citrus canker.
(6) If
citrus canker is found in the nursery, all regulated plants and plant material
must be removed from the nursery and all areas of the nurserys facilities
where plants are grown and all associated equipment and tools used at the
nursery must be treated in accordance with part 305 of this chapter in order
for the nursery to be eligible to produce kumquat plants to be moved interstate
under this paragraph (b). Fifteen days after these actions are completed; the
nursery may receive new kumquat seed or cuttings from a nursery that is
eligible to produce kumquat plants for interstate movement under this paragraph
(b).
(7) The
plants, except for plants that are hermetically sealed in plastic bags before
leaving the nursery, are completely enclosed in containers or vehicle
compartments during movement through the quarantined area.
(8) The
kumquat plants or trees are accompanied by a limited permit issued in accordance
with 301.7512. The statement Limited
permit: Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam,
Northern Mariana Islands, Puerto Rico, and Virgin Islands of the United
States must be displayed on a plastic or metal tag attached to each plant, or
on the box or container if the plant is sealed in plastic. In addition, this
statement must be displayed on the outside of any shipping containers used to
transport these plants, and the limited permit must be attached to the bill of lading
or other shipping document that accompanies the plants.
(C) Regulated nursery stock produced in a nursery within a quarantined
area may be moved interstate to any area within the United States, if all of
the following conditions are met:
(1) The nursery in which the nursery stock is produced has entered into
a compliance agreement in which it agrees to meet the relevant construction
standards, sourcing and certification requirements, cleaning, disinfecting, and
safeguarding requirements, labeling requirements, and recordkeeping and
inspection requirements specified in a PPQ protocol document. The protocol
document will be provided to the person at the time he or she enters into the
compliance agreement.1 The compliance agreement may also specify additional
conditions determined by APHIS to be necessary in order to prevent the
dissemination of citrus canker under which the nursery stock must be grown,
maintained, and shipped in order to obtain a certificate for its movement. The
compliance agreement will also specify that APHIS may amend the agreement.
(2) An inspector has determined that the nursery has adhered to all
terms and conditions of the compliance agreement.
(3) The nursery stock is accompanied by a certificate issued in
accordance with 301.7512.
(4) The nursery stock is completely enclosed in a sealed container that
is clearly labeled with the certificate and is moved interstate in that
container.
(5) A copy of the certificate is attached to the consignees copy of the
accompanying waybill.
(D) Regulated nursery stock produced in a nursery located in a
quarantined area that is not eligible for movement under paragraph (b) or paragraph (c) of this
section may be moved interstate only for immediate export. The regulated
nursery stock must be accompanied by a limited permit issued in accordance with
301.7512 and must be moved in a container sealed by APHIS directly to the port
of export in accordance with the conditions of the limited permit.
(Approved by the Office of Management and Budget under control number
05790369)
Sec.
301.757 Interstate movement of regulated fruit from a quarantined area
(A)
Regulated fruit produced in a quarantined area or moved into a quarantined area
for packing may be moved interstate with a certificate issued and attached in
accordance with 301.75-12 if all of the following conditions are met:
(1) The
regulated fruit was packed in a commercial packinghouse whose owner or operator
has entered into a compliance agreement with APHIS in accordance with
301.75-13.
(2) The
regulated fruit was treated in accordance with part 305 of this chapter.
(3) The
regulated fruit is free of leaves, twigs, and other plant parts, except for
stems that are less than 1 inch long and attached to the fruit.
(4) If the fruit
is repackaged after being packed in a commercial packinghouse and before it is
moved interstate from the quarantined area, the person that repackages the
fruit must enter into a compliance agreement with APHIS in accordance with
301.75-13 and issue and attach a certificate for the interstate movement of the
fruit in accordance with 301.75-12.
(B)
Regulated fruit that is not eligible for movement under paragraph (a) of this
section may be moved interstate only for immediate export. The regulated fruit
must be accompanied by a limited permit issued in accordance with 301.75-12 and
must be moved in a container sealed by APHIS directly to the port of export in
accordance with the conditions of the limited permit.
Sec. 301.758 Interstate
movement of regulated seed from a quarantined area
Regulated seed may be
moved interstate from a quarantined area into any area of the
(A) During the 2 years
before the interstate movement, no plants or plant parts infected with or
exposed to citrus canker were found in the grove or nursery producing the fruit
from which the regulated seed was extracted.
(B) The regulated seed
was treated in accordance with part 305 of this chapter.
(C) The regulated seed
is accompanied by a certificate issued in accordance with 301.7512 of this
subpart.
Sec. 301.759 Interstate
movement of regulated articles from a quarantined area for experimental or
scientific purposes
A regulated article may
be moved interstate from a quarantined area if:
(A) Moved by the United
States Department of Agriculture for experimental or scientific purposes;
(B) Moved pursuant to a
Departmental permit issued for such article by the Administrator;
(C) Moved in accordance
with conditions specified on the Departmental permit and determined by the
Administrator to be adequate to prevent the spread of citrus canker, i.e.,
conditions of treatment, processing, growing, shipment, disposal; and
(D) Moved with a
Departmental tag or label securely attached to the outside of the container
containing the article or securely attached to the article itself if not in a
container, with such tag or label bearing a Departmental permit number
corresponding to the number of the Departmental permit issued for such article.
Sec. 301.7510
Interstate movement of regulated articles through a quarantined area
Any regulated article
not produced in a quarantined area may be moved interstate through a quarantined
area, without a certificate, limited permit, or Departmental permit, if all of
the following conditions are met:
(A) The regulated
article is accompanied by either: A receipt showing that the regulated article
was purchased outside the quarantined area, or a bill of lading stating the
location of the premises where the shipment originated, the type and quantity
of regulated articles being moved interstate, and the date the interstate
movement began.
(B) The regulated
article is moved through the quarantined area without being unloaded, and no
regulated article, except regulated fruit that qualifies for interstate
movement from the quarantined area in accordance with 301.757 of this subpart,
is added to the shipment in the quarantined area.
(C) The regulated
article is completely covered, or enclosed in containers or in a compartment of
a vehicle, during movement through the quarantined area, except that, covering
or enclosure is not required if the regulated article is moved through the quarantined
area without stopping, except for refueling or for traffic conditions, such as
traffic lights or stop signs.
Sec. 301.7511
[Reserved]
Sec.
301.7512 Certificates and limited permits
(A) Issuance
and withdrawal.
(1)
Certificates and limited permits may be issued for the interstate movement of
regulated articles only by an inspector or by persons operating under a
compliance agreement.
(2) A
certificate or limited permit may be withdrawn by an inspector if the inspector
determines that any of the applicable requirements of this subpart have not
been met. The decision of the inspector and the reason for the withdrawal must
be confirmed in writing as promptly as circumstances allow. Any person whose
certificate or limited permit is withdrawn may appeal the decision in writing
to the Administrator within 10 days after receiving the written notification.
The appeal must state all of the facts and reasons upon which the person relies
to show that the certificate or limited permit was wrongfully withdrawn. The
Administrator must grant or deny the appeal in writing, stating the reasons for
the decision, as promptly as circumstances allow. If there is a conflict as to
any material fact, a hearing will be held to resolve the conflict. Rules of
practice concerning the hearing will be adopted by the Administrator.
(B) Attachment
and disposition.
(1) Except
as provided in 301.756(b)(8) for kumquat plants, or in 301.75-6(c)(4) through (c)(5) for any regulated nursery stock, certificates
and limited permits accompanying regulated articles interstate must be attached
during the interstate movement to one of the following:
(i) The outside of the regulated article, if the regulated
article is not packed in a container, or
(ii) The outside
of the container in which the regulated article is packed, or
(iii) The
consignees copy of the accompanying waybill, but only if the regulated article
is described on the certificate, limited permit, or waybill in a way that
allows the regulated article to be identified.
(2)
Certificates and limited permits accompanying regulated articles interstate
must be given to the consignee at the point of destination.
Sec. 301.7513
Compliance agreements
(A) Eligibility. Any
person engaged in the business of growing or handling regulated articles for
interstate movement may enter into a compliance agreement with the Animal and
Plant Health Inspection Service to facilitate the interstate movement of
regulated articles in accordance with this subpart. Compliance agreements may
be arranged by contacting a local office of Plant Protection and Quarantine,
Animal and Plant Health Inspection Service (listed in local telephone
directories), or by contacting the Animal and Plant Health Inspection Service,
Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River
Road Unit 134, Riverdale, Maryland 207371236.
(B) Cancellation. Any
compliance agreement may be cancelled orally or in writing by an inspector if
the inspector finds that the person who entered into the compliance agreement
has failed to comply with this subpart, or any term or condition of the
compliance agreement itself. If the person is given notice of
cancellation orally, written confirmation of the decision and the reasons for
it must be provided as promptly as circumstances allow. Any person whose
compliance agreement is cancelled may appeal the decision in writing to the
Administrator within 10 days after receiving the written notification. The
appeal must state all of the facts and reasons upon which the person relies to
show that the compliance agreement was wrongfully cancelled. The Administrator
must grant or deny the appeal, in writing, stating the reasons for the
decision, as promptly as circumstances allow. If there is a conflict as to any
material fact, a hearing will be held to resolve the conflict. Rules of
practice concerning the hearing will be adopted by the Administrator.
Sec. 301.7514 Costs and
charges
The services of the
inspector shall be furnished without cost. The United States Department of
Agriculture will not be responsible for any costs or charges incident to
inspections or compliance with the provisions in this subpart, other than for
the services of the inspector.
Sec. 301.7515 Funds for
the replacement of commercial citrus trees
Subject to the
availability of appropriated funds, the owner of a commercial citrus grove may
be eligible to receive funds to replace commercial citrus trees in accordance
with the provisions of this section.
(A) Eligibility. The
owner of a commercial citrus grove may be eligible to receive funds to replace
commercial citrus trees removed to control citrus canker if the trees were
removed pursuant to a public order between 1986 and 1990 or on or after
September 28, 1995.
(B) Tree replacement payments.
The owner of a commercial citrus grove who is eligible under paragraph (a)
of this section to receive funds to replace commercial citrus trees will, upon
approval of an application submitted in accordance with paragraph (c) of this
section, receive a payment of $26 per tree up to the following per-acre maximum
payments:
|
Variety |
Maximum payment per acre |
|
Grapefruit, red seedless
..................................... Lime
.................................................................... Other or
mixed citrus .......................................... |
$2,704 3,198 3,068 2,964 4,004 2,704 |
(C) How to apply for tree
replacement funds. The
form necessary to apply for funds to replace commercial citrus trees may be obtained
from any local citrus canker eradication program office in
Sec.
301.7516 Payments for the recovery of lost production income
Subject to
the availability of appropriated funds, the owner of a commercial citrus grove
may be eligible to receive payments in accordance with the provisions of this
section to recover income from production that was lost as the result of the
removal of commercial citrus trees to control citrus canker.
(A) Eligibility.
The owner of a commercial citrus grove may be eligible to receive payments
to recover income from production that was lost as the result of the removal of
commercial citrus trees to control citrus canker if the trees were removed
pursuant to a public order between 1986 and 1990 or on or after September 28,
1995.
(B) Calculation
of payments.
(1) The
owner of a commercial citrus grove who is eligible under paragraph (a) of this
section to receive payments to recover lost production income will, upon
approval of an application submitted in accordance with paragraph (c) of this
section, receive a payment calculated using the following rates:
|
Citrus variety |
Payment (per acre) |
|
Grapefruit
........................................................... Orange, navel (includes early and
midseason oranges) ......................................................... Tangelo
.............................................................. Lime
................................................................... Other or mixed citrus
......................................... |
$3,342 6,446 6,384 1,989 6,503 3,342 |
(2) Payment
adjustments.
(i) In cases where the owner of a commercial citrus grove
had obtained ACC coverage for trees in his or her grove and received crop
insurance payments following the destruction of the insured trees, the payment
provided for under paragraph (b)(1) of this section will be reduced by the
total amount of the crop insurance payments received by the commercial citrus
groves owner for the insured trees.
(ii) In
cases where ACC coverage was available for trees in a commercial citrus grove
but the owner of the grove had not obtained ACC coverage for his or her
insurable trees, the per-acre payment provided for under paragraph (b)(1) of
this section will be reduced by 5 percent.
(C) How to apply for lost production payments. The form
necessary to apply for lost production payments may be obtained from any local
citrus canker eradication program office in
Sec. 301.7517 Funds for the replacement of certified citrus
nursery stock
Subject to the availability of appropriated funds, a commercial
citrus nursery may be eligible to receive funds to replace certified citrus
nursery stock in accordance with the provisions of this section.
(A) Eligibility. A commercial citrus nursery may be
eligible to receive funds to replace certified citrus nursery stock removed to
control citrus canker if the nursery stock was removed pursuant to a public
order after September 30, 2001, and before January 10, 2006.
(B) Certified citrus nursery stock payments. A commercial
citrus nursery that is eligible under paragraph (a) of this section to receive
funds to replace certified citrus nursery stock will, upon approval of an
application submitted in accordance with paragraph (c) of this section, receive
a payment calculated using the following rates:
|
Type of certified nursery stock |
Payment (dollars) |
|
Seedlings ......................................... Liners or rootstock
........................... Budded field grown citrus plants
..... Budded container/greenhouse
citrus plants
Citrus nursery stock in
containers for wholesale or retail sale: 1
gallon ............................. 3
gallon ............................. 5 gallon ............................. 7 gallon ............................. Larger
than 7 gallon .......... |
0.18/plant. 1.50/plant. 4.00/plant. 4.50/plant. 5.00/container. 10.00/container. 15.00/container. 20.00/container. 26.00/container. |
(C) How
to apply for certified nursery stock replacement funds. The
form necessary to apply for funds to replace certified nursery stock may be
obtained from any local citrus canker eradication program office in