|
301.55 SOUTH AMERICAN CACTUS MOTH Federal
Domestic Quarantine A.
Pest. South American Cactus
Moth B.
Quarantined Area (7 CFR 301.55-3) The States of C. Regulated Articles (7 CFR 301.55-2) 1.
The South American cactus moth, in any living stage of its
development. 2.
Cactus plants or parts thereof (excluding seeds and
canned, preserved, or frozen pads or fruits) of the following genera: Consolea, Cylindropuntia,
Nopalea, and Opuntia. 3.
Any other product, article, or means of conveyance not listed in
paragraphs (1) or (2) of this section that an inspector determines presents a
risk of spreading the South American cactus moth, 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. Restrictions (7 CFR 301.55-4) Any regulated article
may be moved interstate from a quarantined area only if moved under the
following conditions: 1.
With a certificate or
limited permit issued and attached in accordance with Section H; 2.
Without a certificate
or limited permit if: a. The regulated article
originated outside the quarantined area and is either moved in an enclosed
vehicle or is completely enclosed by a covering (such as canvas, plastic, or
closely woven cloth) adequate to prevent access by South American cactus
moths while moving through the quarantined area; and b. The point of origin of
the regulated article is indicated on the waybill, and the enclosed vehicle
or the enclosure that contains the regulated article is not opened, unpacked,
or unloaded in the quarantined area; and c. 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. 3.
Without a certificate
or limited permit if the regulated articles are cactus pads and fruits for
consumption from outside the quarantined area that are being moved in
accordance with the protocols described in a compliance agreement (see
Section F) to a commercial food warehouse or distribution center within the
quarantined area and the regulated articles remain enclosed by a covering
(such as canvas, plastic, or closely woven cloth) adequate to prevent access
by South American cactus moths while within the quarantined area: and 4.
Without a certificate
or limited permit if the regulated article is moved: a. By the United States
Department of Agriculture for experimental or scientific purposes; b. Pursuant to a departmental
permit issued by the Administrator for the regulated article; c. Under conditions
specified on the departmental permit and found by the Administrator to be
adequate to prevent the spread of the South American cactus moth; and d. With a tag or label bearing
the number of the departmental permit issued for the regulated article
attached to the outside of the container of the regulated article or attached
to the regulated article itself if not in a container. E. Issuance of
certificates and limited permits. (7 CFR
301.55-5) 1.
An inspector may issue
a certificate for the interstate movement of a regulated article if the
inspector determines that: a. The regulated article
to be moved and all other regulated articles on the premises have been grown
and maintained indoors in a shadehouse or
greenhouse and no other cactus moth host material exists on the premises
outside of a shadehouse or greenhouse; b. The regulated article
to be moved and all other regulated articles on the premises are maintained
on benches that are kept separate from benches containing non-host material; c. The regulated article
to be moved and all other regulated articles on the premises have been placed
on a 21-day insecticide spray cycle and have been sprayed with Bacillus
thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid if maintained in the nursery for longer than
21 days; d. The regulated article
to be moved has been sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl,
spinosad, or imidaploprid
3 to 5 days prior to shipment and inspected and found free of cactus moth egg
sticks and larval damage; and e. If the regulated
article was moved into the premises from another premises in a quarantined
area listed in section C., it was immediately placed inside the shadehouse or greenhouse and sprayed with Bacillus
thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid within 24 hours. 2.
An inspector will issue
a limited permit for the interstate movement of a regulated article if the
inspector determines that: a. The regulated article
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 interstate movement will not result in the spread
of the South American cactus moth because life stages of the South American
cactus moth will be destroyed by the specified handling, processing, or
utilization; b. It is to be moved in
compliance with any additional conditions that the Administrator may impose
under section 414 of the Plant Protection Act (7 U.S.C. 7714) in order to
prevent the spread of the South American cactus moth; and c. It is eligible for
unrestricted movement under all other Federal domestic plant quarantines and
regulations applicable to the regulated article. 3.
Certificates and
limited permits for the interstate movement of regulated articles may be
issued by an inspector or person operating under a compliance agreement. A person operating
under a compliance agreement may issue a certificate or limited permit for
interstate movement of a regulated article after an inspector has determined
that the regulated article is eligible for a certificate or limited permit in
accordance with paragraphs (1) or (2) of this section. 4.
Any certificate or
limited permit that has been issued may be canceled, either orally or in
writing, by an inspector whenever the inspector determines that the holder of
the limited permit has not complied with this subpart or any conditions
imposed under this subpart. If the cancellation is oral, the cancellation
will become effective immediately, and the cancellation and the reasons for
the cancellation will be confirmed in writing as soon as circumstances
permit. Any person whose certificate or limited permit has been canceled may
appeal the decision in writing to the Administrator within 10 days after
receiving the written cancellation notice. The appeal must state all of the
facts and reasons that the person wants the Administrator to consider in
deciding the appeal. A hearing may be held to resolve a conflict as to any
material fact. Rules of practice for the hearing will be adopted by the
Administrator. As soon as practicable, the Administrator will grant or deny
the appeal, in writing, stating the reasons for the decision. F.
Compliance agreements and cancellation. (7 CFR 301.55-6) 1.
Any person engaged in
growing, handling, or moving regulated articles may enter into a compliance
agreement when an inspector determines that the person is aware of this
subpart, agrees to comply with its provisions, and agrees to comply with all
the provisions contained in the compliance agreement. 2.
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 the terms of the compliance
agreement. 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, to the Administrator, 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 wrongfully 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. G.
Assembly and inspection of regulated articles. (7 CFR 301.55-7) 1.
Any person (other than a person authorized to issue limited
permits under Section E3) who desires a certificate or limited permit to move
a regulated article interstate must request an inspector to examine the
articles as far in advance of the desired interstate movement as possible,
but no less than 48 hours before the desired interstate movement. 2.
The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this subpart. H. Attachment and disposition of certificates
and limited permits. (7 CFR 301.55-8) 1.
A certificate or limited permit required for the interstate
movement of a regulated article must, at all times during the interstate
movement, be: a. Attached to the outside
of the container containing the regulated article; or b. Attached to the
regulated article itself if not in a container; or c. Attached to the
consignee’s copy of the accompanying waybill. If the certificate or
limited permit is attached to the consignee’s copy of the waybill, the
regulated article must be sufficiently described on the certificate or
limited permit and on the waybill to identify the regulated article. 2.
The certificate or limited permit for the interstate movement of
a regulated 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. I. Costs and charges. (7 CFR 301.55-9) The services of the
inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through
Friday, except holidays) will be furnished without cost. APHIS will not be
responsible for all costs or charges incident to inspections or compliance
with the provisions of the quarantine and regulations in this subpart, other
than for the services of the inspector. APPENDIX A 07-13-09 See pertinent definitions below as
defined by 7 CFR 301.55. Cactus plants. Any of various fleshy-stemmed
plants of the botanical family Cactaceae. Infestation. The presence of the South American cactus
moth or the existence of circumstances that make it reasonable to believe
that the South American cactus moth may be present. South American cactus moth. The live insect known
as the South American cactus moth, Cactoblastis cactorum, in any life stage (egg, larva, pupa, adult). |
|
|
|
|