301.76 Citrus Greening and Asian Citrus Psyllid
Federal Domestic Quarantine
Sec. 301.76 Restrictions on interstate movement
No person may move interstate from any
quarantined area any articles regulated for citrus greening and Asian citrus
psyllid, except in accordance with this subpart.
Sec. 301.76-1
Definitions
Administrator. The Administrator of the Animal and Plant Health
Inspection Service (APHIS) or any individual authorized to act for the
Administrator.
Animal
and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of Agriculture.
Asian citrus psyllid. The insect known as Asian citrus
psyllid (Diaphorina citri Kuwayama) in any stage of development.
Certificate. A document, stamp, or other means of identification
approved by APHIS and issued by an inspector or person operating under a
compliance agreement when he or she finds that, because of certain conditions,
a regulated article can be moved safely from an area quarantined for Asian
citrus psyllid and/or citrus greening without spreading the psyllid or the
disease.
Citrus greening. A plant disease, also commonly referred
to as Huanglongbing disease of citrus, that is caused by several strains of the
uncultured, phloem-limited bacterial pathogen ‘‘Candidatus Liberibacter
asiaticus’’.
Commercial citrus grove. A solid-set planting of trees
maintained for the primary purpose of producing citrus fruit for commercial
sale.
Compliance agreement. A written agreement between APHIS and a
person engaged in the business of growing, maintaining, processing, handling,
packing, or moving regulated articles for interstate movement, in which the
person agrees to comply with this subpart. For the purposes of this subpart, a
memorandum of understanding is considered a compliance agreement.
EPA.
The U.S. Environmental Protection Agency.
Established population.
Presence of Asian
citrus psyllid within an area that the Administrator determines is likely to
persist for the foreseeable future.
Inspector.
An individual authorized by the Administrator to perform the duties required
under this subpart.
Interstate.
From any State into or through any other State.
Limited permit. A document issued by an inspector or
person operating under a compliance agreement to allow the interstate movement
of regulated articles to a specified destination, for specified handling,
processing, or utilization.
Moved (move, movement). Shipped, offered for shipment, received
for transportation, transported, carried (whether on one’s person or by any
other means of conveyance), or allowed to be moved, shipped, transported, or
carried. For the purposes of this subpart, movements include any type of
shipment, including mail and Internet commerce.
Nursery.
Any commercial location where nursery stock is grown, propagated, stored,
maintained, or sold, or any location from which nursery stock is distributed.
Nursery stock. Any plants or plant parts, excluding fruit, intended to
be planted, to remain planted, or to be replanted. Nursery stock includes, but
is not limited to, trees, shrubs, cuttings, grafts, scions, and buds.
Person.
Any association, company, corporation, firm, individual, joint stock company,
partnership, society, or other entity.
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.
Quarantined area. Any State or portion of a State designated as a
quarantined area for Asian citrus psyllid or citrus greening in accordance with
301.76-3.
Regulated article. Any article listed in 301.76-2 or otherwise designated as
a regulated article in accordance with 301.76-2(c).
State.
The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any
State, territory, or possession of the United States.
Sec. 301.76-2 Regulated articles for
Asian citrus psyllid and citrus greening
The following are regulated articles for
Asian citrus psyllid and citrus greening:
(A) Restricted articles
All plants and plant parts (including
leaves), except fruit, of:
Aegle marmelos
Aeglopsis chevalieri
Afraegle gabonensis
A. paniculata
Amyris madrensis
Atalantia spp. (including Atalantia monophylla)
Balsamocitrus dawei
Bergera(=Murraya) koenigii
Calodendrum capense
Choisya ternate
C. arizonica
X Citroncirus webberi
Citropsis articulata
Citropsis gilletiana
*Citrus madurensis (= X Citrofortunella microcarpa)
*Citrus spp.
Clausena anisum-olens
C. excavata
C. indica
C. lansium
Eremocitrus glauca
Eremocitrus hybrid
Esenbeckia berlandieri
Fortunella spp.
Limonia acidissima
Merrillia caloxylo,
Microcitrus australasica
M. australis
M. papuana,
X Microcitronella spp.
Murraya spp.
Naringi crenulata
Pamburus missionis
*Poncirus trifoliata
Severinia buxifolia
Swinglea
glutinosa
Tetradium ruticarpum
Toddalia asiatica
Triphasia trifoli,
Vepris (=Toddalia) lanceolata
Zanthoxylum fagara
212.2
06-13-13
*Seed of Citrus spp. and Poncirus spp. is not regulated for citrus greening and Asian citrus
psyllid.
|
212.2 06-13-13 |
(B)
Propagative seed of the
species listed in paragraph (a) of
this section is considered a host of citrus greening but not a host of Asian
citrus psyllid. Therefore, notwithstanding the other provisions of this
subpart, the movement of propagative seed of these species from an area
quarantined for citrus greening is prohibited, while the movement of such seed
from an area quarantined only for Asian citrus psyllid, but not for citrus
greening, is allowed without restriction.
(C)
Any other product, article, or means
of conveyance may be designated a regulated article for Asian citrus psyllid or
citrus greening, if an inspector determines that it presents a risk of
spreading these pests, and after the inspector provides written notification to
the person in possession of the product, article, or means of conveyance that
it is subject to the restrictions of this subpart.
(D)
Plant parts of the species
listed in paragraph (a) of this section may be exempted from the regulations in
this subpart, provided that the parts have been processed such that an
inspector determines they no longer present a risk of spreading Asian citrus
psyllid or citrus greening.
Sec.
301.76-3 Quarantined areas; citrus greening and Asian citrus psyllid
Quarantined
Area
Current citrus greening and Asian citrus psyllid quarantine areas are posted on the United States Department of Agriculture Animal and Plant Health Inspection Service website:
Due to the presence of
citrus greening:
California: Portions of Los Angeles, Orange, Riverside and San Bernardino Counties (see CCR 3439).
Florida: The entire state.
Georgia: The entire state.
Louisiana: Jefferson,
Orleans and Washington Parishes.
Puerto
Rico: The entire
Commonwealth.
South
Carolina:
Beaufort and Charleston Counties.
Texas: Cameron, Ft. Bend, Harris, Hidalgo,
Montgomery and Willacy Counties.
U.S.
Virgin Islands: The entire
territory.
Due to the presence of Asian citrus psyllid:
Alabama:
The
entire state.
American Samoa: The entire territory.
Arizona: The entire state.
California:
Alameda,
Contra Costa, Fresno, Imperial, Kern, Kings, Los Angeles, Madera, Merced,
Monterey, Orange, Placer, Riverside, San Benito, San Bernardino,
San Diego, San
Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Solano,
Stanislaus, Tulare, Ventura and Yolo Counties
(see CCR 3435).
Florida: The entire state.
Georgia: The entire state.
Guam: The entire territory.
Hawaii: All islands of the state.
Louisiana: The entire state.
Mississippi: The entire state.
Northern
Mariana Islands: The entire Commonwealth.
Puerto
Rico: The entire
Commonwealth.
South
Carolina:
Beaufort, Charleston and Colleton Counties.
Nevada: Clark County
Texas: The entire state.
U.S.
Virgin Islands: The entire
territory.
Sec. 301.76-4 Labeling requirements for
regulated nursery stock produced within an area quarantined for citrus greening
(A) Effective September 15, 2010, except
as provided in paragraphs (b) and (c) of this section, all regulated nursery
stock offered for commercial sale within an area quarantined for citrus
greening must have an APHIS approved plastic or metal tag on which a statement
alerting consumers to Federal prohibitions regarding the interstate movement of
the article is prominently and legibly displayed. Alternatively, if the article
is destined for commercial sale in a box or container, the statement may be
printed on the box or container, or printed on a label permanently affixed to
the box or container, provided that, in either case, the statement is
prominently and legibly displayed. The operator of the site of propagation of
the nursery stock and the person offering the plants for commercial sale are
jointly responsible for all such labeling.
(B) Nursery stock produced within a
quarantined area for planting in a commercial citrus grove within that same
area and moved directly to that grove, without movement outside of the
quarantined area, may be moved without being labeled in accordance with
paragraph (a) of this section.
(C) Nursery stock that will be moved
interstate in accordance with 301.76-7 may be moved without being labeled in
accordance with paragraph (a) of this section.
Sec. 301.76-5 General conditions
governing the issuance of any certificate or limited permit; provisions for cancellation
of a certificate or limited permit
(A) Certificates. In addition to all other relevant conditions
within this subpart, an inspector or person operating under a compliance
agreement will issue a certificate only if a regulated article:
(1) Will be moved in
compliance with any additional emergency conditions that the Administrator may
impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent
the spread of Asian citrus psyllid; and
(2) Is eligible for
unrestricted movement under all other Federal domestic plant quarantines and
regulations applicable to the article.
(B) Limited permits. In addition to all other relevant conditions
within this subpart, an inspector or person operating under a compliance
agreement may issue a limited permit for the interstate movement of a regulated
article only if the regulated article:
(1) Is to be moved
interstate to a specified destination for specified handling, processing, or
utilization (the destination and other conditions to be listed in the limited
permit) and this movement of the regulated article will not result in the
spread of citrus greening or the Asian citrus psyllid;
(2) Is to be moved
in compliance with any additional emergency conditions the Administrator may
impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent
the spread of citrus greening and the Asian citrus psyllid; and
(3) Is eligible for
interstate movement under all other Federal domestic plant quarantines and
regulations applicable to the article.
(C) Certificates and limited permits for the interstate movement of a
regulated article may be issued by an inspector or person operating under a
compliance agreement. A person operating under a compliance agreement may issue
a certificate for the interstate movement of a regulated article after he or
she has determined that the article is eligible for a certificate in accordance
with paragraph (a) of this section and all other relevant conditions of this
subpart. A person operating under a compliance agreement may issue a limited
permit for interstate movement of a regulated article after he or she has
determined that the article is eligible for a limited permit in accordance with
paragraph (b) of this section and all other relevant conditions of this
subpart.
(D) Any certificate or limited permit
that has been issued may be withdrawn, either orally or in writing, by an
inspector if he or she determines that the holder of the certificate or limited
permit has not complied with all of the provisions in this subpart or has not
complied with all the conditions contained in the certificate or limited
permit. If the withdrawal is oral, the withdrawal and the reasons for the
withdrawal will be confirmed in writing as soon as circumstances allow. Any person
whose certificate or limited permit has been withdrawn may appeal the decision
in writing to the Administrator within 10 days after receiving the written
notification of the withdrawal. The appeal must state all of the facts and
reasons upon which the person relies to show that the certificate or limited
permit was wrongfully withdrawn. As promptly as circumstances allow, the
Administrator will grant or deny the appeal, in writing, stating the reasons
for the decision. A hearing will be held to resolve any conflict as to any
material fact. Rules of practice concerning a hearing will be adopted by the
Administrator.
(E) Unless specific provisions exist in
301.76-6 or 301.76-7 of this subpart to allow the interstate movement of a
certain regulated article, the interstate movement of that article is
prohibited.
Sec. 301.76-6 Additional conditions for
issuance of certificates and limited permits for regulated articles moved
interstate from areas quarantined for Asian citrus psyllid, but not for citrus
greening
(A) In addition to the general
conditions for issuance of a certificate contained in 301.76-5(a), an inspector
or person operating under a compliance agreement may issue a certificate for
the interstate movement of any regulated article to any State if:
(1) The article is
treated with methyl bromide in accordance with 7 CFR part 305 of this chapter.
(2) The article is
shipped in a container that has been sealed with an agricultural seal placed by
an inspector.
(3) The container
that will be moved interstate is clearly labeled with the certificate.
(4) A copy of the
certificate will be attached to the consignee’s copy of the accompanying
waybill.
(B) Additional conditions for issuance of a certificate; regulated nursery
stock. In addition to the general conditions for issuance of a
certificate contained in 301.76–5(a), an inspector or person operating under a
compliance agreement may issue a certificate for interstate movement of
regulated nursery stock to any State if:
(1) The nursery in
which the nursery stock is produced has entered into a compliance agreement
with APHIS 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. The compliance agreement may also specify additional
conditions determined by APHIS to be necessary in order to prevent the spread
of Asian citrus psyllid 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.
The protocol
document is available on the USDA APHIS website:
(2) An inspector
determines that the nursery has adhered to all terms and conditions of the
compliance agreement.
(3) The nursery
stock is completely enclosed in a sealed container that is clearly labeled with
the certificate and is moved interstate in that container.
(4) A copy of the
certificate is attached to the consignee’s copy of the accompanying waybill.
(C) Additional conditions for issuance of a limited permit; regulated
nursery stock.
(1) Nursery stock that will not be moved through
American Samoa, Arizona, California, Florida, Guam, Hawaii, the Northern
Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. In
addition to the general conditions for the issuance of a limited permit
contained in 301.76–5(b), an inspector or person operating under a compliance
agreement, other than the operator of the nursery in which the nursery stock
was produced and his or her employees, may issue a limited permit for the
interstate movement of regulated nursery stock through areas of the United
States other than American Samoa, Arizona, California, Florida, Guam, Hawaii,
Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin
Islands, and to areas of the United States other than Northern Mariana Islands
and those portions of Arizona and California that are not quarantined due to
the presence of Asian citrus psyllid or citrus greening, if:
(i) The nursery in
which the nursery stock is produced has entered into a compliance agreement
with APHIS in accordance with 301.76–8;
(ii) All citrus
nursery stock at the nursery has been inspected by an inspector every 30 days,
and any findings of Asian citrus psyllid during an inspection have been
reported to APHIS immediately;
(iii) The nursery
stock is treated for Asian citrus psyllid with an APHIS approved soil drench or in-ground granular
application no more than 90 days and no fewer than 30 days before shipment,
followed by an APHIS approved foliar spray no more than 14 days before shipment. All
treatments must be applied according to their EPA label, including directions
on application, restrictions on place of application and other restrictions,
and precautions, and including statements pertaining to Worker Protection
Standards;
(iv) The nursery
stock is affixed prior to movement with a plastic or metal tag on which the
statement ‘‘Limited permit: USDA–APHIS–PPQ. Not for distribution in those
portions of AZ and CA not quarantined due to the presence of Asian citrus psyllid
or citrus greening’’ is prominently and legibly displayed on the obverse, and
adequate information as determined by APHIS regarding the identity of the
nursery stock and its source of production to conduct traceback to the nursery
in which the nursery stock was produced is prominently and legibly printed on
the reverse. If the nursery stock is destined for movement or sale in boxes or
containers, the statement and the identifying information may be printed on the
box or container, or printed on a label permanently affixed to the box or
container, provided that, in either case, the statement and the identifying
information are prominently and legibly displayed;
(v) A copy of the
limited permit will be attached to consignee’s copy of the accompanying waybill;
and
(vi) The nursery
stock is shipped in accordance with the conditions specified on the limited
permit to the destination specified on the permit.
(2) Nursery stock that will be moved through
American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, the
Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. In
addition to the general conditions for the issuance of a limited permit
contained in 301.76–5(b), an inspector or person operating under a compliance
agreement may issue a permit for the
interstate movement of regulated nursery stock through American Samoa, Arizona,
California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana Islands,
Puerto Rico, Texas, or the U.S. Virgin Islands, and to areas of the United
States other than Northern Mariana Islands or those portions of Arizona and
California that are not quarantined due to the presence of Asian citrus psyllid
or citrus greening, if:
(i) All conditions
for movement of regulated nursery stock in paragraphs (c)(1)(i) through
(c)(1)(vi) of this section are fulfilled;
(ii) The nursery
stock is inspected by an inspector on the date of shipment and found free of
Asian citrus psyllid;
(iii) The nursery
stock is completely enclosed in a container sealed with an agricultural seal
and is moved interstate in that container;
(iv) The container
prominently and legibly displays the statement and identifying information
specified in paragraph (c)(1)(iv) of this section;
(v) The agricultural
seal remains intact throughout movement to the destination specified on the
limited permit; and
(vi) The
agricultural seal is removed at the destination specified on the limited permit
by an inspector.
(D)
Additional conditions for issuance
of a limited permit; regulated articles intended for consumption, as apparel or
as a similar personal accessory, or for other decorative use. In
addition to the general conditions for issuance of a limited permit contained
in 301.76-5(b), an inspector or person operating under a compliance agreement
may issue a limited permit for the interstate movement of regulated articles
intended for consumption, as apparel or as a similar personal accessory, or for
other decorative use if:
(1) The articles are
treated with irradiation in accordance with 7 CFR part 305 of this chapter at
an irradiation facility that is not located in an area quarantined for citrus
greening.
(2) The container
that will be used to move the articles interstate is clearly labeled with the limited
permit, which must contain the name of the State or portion of a State where
the articles were produced and a statement that the articles were treated in
accordance with 7 CFR part 305 of this chapter.
(3) A copy of the
limited permit is attached to the consignee’s copy of the accompanying waybill.
Sec. 301.76-7 Additional conditions for
issuance of certificates and limited permits for regulated articles moved
interstate from areas quarantined for citrus greening
(A) Additional conditions for the issuance of a certificate; regulated
nursery stock produced within a nursery located in the quarantined area. In
addition to the general conditions for issuance of a certificate contained in
301.76–5(a), an inspector or person operating under a compliance agreement may
issue a certificate for interstate movement of regulated nursery stock to any
State if all of the following conditions are met:
(1) The nursery in
which the nursery stock is produced has entered into a compliance agreement
with APHIS 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. The compliance agreement may also specify
additional conditions determined by APHIS to be necessary in order to prevent
the dissemination of citrus greening 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.
The protocol
document is available on the USDA APHIS website:
(2) An inspector has
determined that the nursery has adhered to all terms and conditions of the
compliance agreement.
(3) The nursery
stock is completely enclosed in a sealed container that is clearly labeled with
the certificate and is moved interstate in that container.
(4) A copy of the
certificate is attached to the consignee’s copy of the accompanying waybill.
(B) Additional conditions for issuance of a limited permit; regulated
nursery stock grown, produced, or maintained at a nursery or other facility
located in the quarantined area. In addition to the general conditions
for issuance of a limited permit contained in 301.76- 5(b), an inspector or
person operating under a compliance agreement may issue a limited permit for
the interstate movement for immediate export of regulated nursery stock grown,
produced, or maintained at a nursery or other facility located in the
quarantined area if:
(1) The nursery
stock is treated for Asian citrus psyllid with an APHIS approved soil drench or
in-ground granular application, followed by an APHIS-approved foliar spray, in
accordance with 301.76-6(b)(1), or with methyl bromide, in accordance with 7
CFR part 305 of this chapter.
(2) The nursery
stock is inspected by an inspector in accordance with 301.76-9 and found free
of Asian citrus psyllid, if treated in accordance with 301.76- (b)(1).
(3) The nursery
stock is affixed prior to movement with a plastic or metal tag on which the
statement ‘‘Limited permit: USDA-APHIS-PPQ. For immediate export only’’ is
prominently and legibly displayed. If the nursery stock is destined for
movement or sale in a box or container, the statement may be printed on the box
or container, or printed on a label permanently affixed to the box or
container, provided that, in either case, the statement is prominently and
legibly displayed.
(4) The nursery
stock is accompanied by a copy of this limited permit attached to the
consignee’s copy of the waybill.
(5) The nursery
stock is moved in accordance with the conditions specified on the limited
permit directly to the port of export specified on the limit permit, in a
container sealed with an agricultural seal placed by an inspector.
(6) A copy of the
limited permit is attached to or legibly printed on this container.
(7) The nursery
stock remains in this container, and the container remains sealed, as long as the
plants are within the United States.
(C) Except for nursery stock for which a
limited permit has been issued in accordance with the conditions of paragraph
(a) or (b) of this section, no other
regulated article may be moved interstate from an area quarantined for citrus
greening.
Sec. 301.76-8 Compliance agreements and
cancellation
(A) Any person involved in the growing,
maintaining, processing, handling, packing, treating, or moving of regulating
articles from areas quarantined for citrus greening or Asian citrus psyllid may
enter into a compliance agreement when an inspector determines that the person
understands this subpart, agrees to comply with its provisions, and agrees to
comply with all the provisions contained in the compliance agreement. The
person must also agree to maintain and offer for inspection such records as are
necessary to demonstrate continual adherence to the requirements of the
regulations and the provisions of the compliance agreement.
(B) Any compliance agreement may be canceled,
either orally or in writing, by an inspector whenever the inspector finds that
the person who has entered into the compliance agreement has failed to comply
with this subpart or any term or condition of the compliance agreement itself.
If the cancellation is oral, the cancellation and the reasons for the
cancellation will be confirmed in writing as promptly as circumstances allow.
Any person whose compliance agreement has been canceled may appeal the
decision, in writing, within 10 days after receiving written notification of
the cancellation. The appeal must state all of the facts and reasons upon which
the person relies to show that the compliance agreement was wrongly canceled.
As promptly as circumstances allow, the Administrator will grant or deny the
appeal, in writing, stating the reasons for the decision. A hearing will be
held to resolve any conflict as to any material fact. Rules of practice
concerning a hearing will be adopted by the Administrator.
Sec. 301.76-9 Inspection of regulated
nursery stock
All nursery stock intended for
interstate movement for immediate export from an area quarantined for citrus
greening must be inspected by an inspector no more than 72 hours prior to
movement. The person who desires to move the articles interstate must notify
the inspector as far in advance of the desired interstate movement as possible.
The articles must be inspected at the place and in the manner the inspector
designates as necessary to comply with this subpart. If the inspector has
reason to believe that the interstate movement of the articles may lead to the
artificial spread of citrus greening or Asian citrus psyllid, he or she may
deny issuance of a limited permit for interstate movement of the article or
take other remedial measures to prohibit such spread.
Sec. 301.76-10 Attachment and
disposition of certificates and limited permits
(A) A certificate or limited permit
required for the interstate movement of a regulated article, or a copy thereof,
must, at all times during the interstate movement, be:
(1) Attached to or
legibly printed on the outside of the container containing the regulated
article or attached to the regulated article itself, if the article is not
packed in a container; and
(2) Attached to or
legibly printed on the sealed container in which the article is shipped; and
(3) Attached to the
consignee’s copy of the accompanying waybill. The host article must be
sufficiently described on the certificate or limited permit and on the waybill
to identify the article.
(B) The certificate or limited permit
for the interstate movement of a host article must be furnished by the carrier
or the carrier’s representative to the consignee listed on the certificate or
limited permit upon arrival at the location provided on the certificate or
limited permit.