[Federal Register: December 18, 2003 (Volume 68, Number 243)]
[Proposed Rules]
[Page 70448-70463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de03-15]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 70448]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 02-106-1]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We propose to amend the fruits and vegetables regulations to
list a number of fruits and vegetables from certain parts of the world
as eligible, under specified conditions, for importation into the
United States. All of the fruits and vegetables, as a condition of
entry, would be inspected and subject to treatment at the port of first
arrival as may be required by an inspector. In addition, some of the
fruits and vegetables would be required to meet other special
conditions. We also propose to recognize areas in Peru as free from the
South American cucurbit fly. These actions would provide the United
States with additional types and sources of fruits and vegetables while
continuing to protect against the introduction of quarantine pests
through imported fruits and vegetables.
DATES: We will consider all comments that we receive on or before
February 17, 2004.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-106-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-106-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-106-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, Senior Import
Specialist, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-
1236; (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56
through 319.56-8, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into the United
States from certain parts of the world to prevent the introduction and
spread of plant pests that are new to or not widely distributed within
the United States.
At the request of various importers and foreign ministries of
agriculture, we propose to amend the regulations to list a number of
fruits and vegetables from certain parts of the world as eligible,
under certain conditions, for importation into the United States. We
also propose to list certain fruits and vegetables that have been
imported into the United States under a permit without being
specifically listed in the regulations to improve the transparency of
our regulations.
The fruits and vegetables referred to in this document would have
to be imported under a permit and would be subject to the requirements
in Sec. 319.56-6 of the regulations. Under Sec. 319.56-6, all
imported fruits and vegetables, as a condition of entry into the United
States, must be inspected; they are also subject to disinfection at the
port of first arrival if an inspector requires it. Section 319.56-6
also provides that any shipment of fruits and vegetables may be refused
entry if the shipment is so infested with plant pests that an inspector
determines that it cannot be cleaned or treated.
Some of the fruits and vegetables proposed for importation would
have to meet other special conditions. The proposed conditions of
entry, which are discussed below, appear adequate to prevent the
introduction and spread of quarantine pests through the importation of
these fruits and vegetables.
We have prepared a pest risk assessment or, in two cases, a
decision sheet, for each of the fruits and vegetables that we propose
to add, unless we have allowed their entry previously under a permit.
Copies of the pest risk assessments and decision sheets are available
from the person listed under FOR FURTHER INFORMATION CONTACT.
We also propose to make other amendments to update and clarify the
regulations and improve their effectiveness. Our proposed amendments
are discussed below by topic.
Inspected and Subject to Disinfection
Section 319.56-2t lists fruits and vegetables that may be imported
into the United States upon inspection and subject to disinfection. We
propose to amend that list to include additional fruits and vegetables
from certain countries; some of the fruits and vegetables would be
added in response to requests that we have received, while others have
been imported into the United States under a permit but are not listed
in the regulations. We also propose to make miscellaneous,
nonsubstantive changes to Sec. 319.56-2t. All of these proposed
changes are discussed below.
African Horned Cucumber From Chile
We propose to amend Sec. 319.56-2t to allow the entry of the
African horned cucumber (Cucumis metuliferus) fruit from Chile. The
pest risk assessment indicates that there are no quarantine pests
associated with the African horned cucumber fruit from Chile that are
likely to follow the import pathway. Therefore, we believe that the
African horned cucumber from Chile may be imported into the United
States under the requirements in Sec. 319.56-6. The pest
[[Page 70449]]
risk assessment was limited to the continental United States.
Therefore, we would require African horned cucumber from Chile to be
shipped in boxes labeled ``Not for importation or distribution in HI,
PR, VI, or Guam.''
Annona spp. from Grenada
We propose to amend Sec. 319.56-2t to allow the entry of
commercial fruit shipments of cherimoya (Annona cherimola), soursop (A.
muricata), custard apple (A. reticulata), sugar apple (A. squamosa),
and atemoya (A. squamosa x A. cherimola) into the United States from
Grenada.
The Government of Grenada requested that we authorize the
importation of these commodities several years ago, before we routinely
prepared pest risk assessments according to the guidelines provided by
the Food and Agriculture Organization and the North American Plant
Protection Organization. At that time, we prepared decision sheets.
Decision sheets contain relatively the same information that is
contained in modern pest risk assessments, but without the standardized
format.
The decision sheet identified three internal feeders as quarantine
pests in the West Indies: Bephratelloides cubensis, Talponia batesi,
and Cerconota anonella. Because of the possibility that these internal
feeders may have existed in Grenada, we did not issue a permit to allow
the importation of Annona spp. fruit. Subsequently, Grenada informed us
that they did not have those pests. We agreed to reconsider their
import request if a survey determined that the internal feeders were
indeed not present in Annona spp. fruit grown in Grenada. Grenada
conducted a 3-year survey for the internal feeders and sampled more
than 16,000 fruits, and no internal feeders or quarantine pests were
found. In addition to approving the survey protocol, the Animal and
Plant Health Inspection Service (APHIS) periodically observed the
survey. More information on the survey and copies of the report may be
obtained from the person listed under FOR FURTHER INFORMATION CONTACT.
We would limit imports of Annona spp. fruit to commercial shipments
because produce grown commercially is less likely to be infested with
plant pests than noncommercial shipments. Noncommercial shipments are
more prone to infestations because the commodity is often ripe to
overripe, could be a variety with unknown susceptibility to pests, and
is often grown with little or no pest control. Commercial shipments, as
defined in Sec. 319.56-1, are shipments of fruits and vegetables that
an inspector identifies as having been produced for sale and
distribution in mass markets. Identification of a particular shipment
as commercial is based on a variety of indicators, including, but not
limited to, the quantity of produce, the type of packaging,
identification of a grower or packing house on the packaging, and
documents consigning the shipment to a wholesaler or retailer.
Based on the survey results and the decision sheet, we believe that
restricting imports of Annona spp. fruit to commercial shipments and
requiring inspection at the port of first arrival would be adequate to
mitigate any pest risks. Therefore, we propose to list Annona spp.
fruits from Grenada in Sec. 319.56-2t.
Fruits and Vegetables From Mexico
The regulations in Sec. 319.56-2(e) provide that any fruit or
vegetable, except those otherwise restricted, may be imported under
permit if APHIS is satisfied that the fruit or vegetable meets one of
several conditions:
(1) The fruit or vegetable is not attacked in the country of origin
by quarantine pests.
(2) It has been treated or is to be treated for all quarantine
pests in the country of origin, in accordance with conditions and
procedures that may be prescribed by the Administrator.
(3) It is imported from a definite area or district in the country
of origin that is free from all quarantine pests that attack the fruit
or vegetable and its importation is in compliance with the criteria of
Sec. 319.56-2(f).
(4) It is imported from a definite area or district of the country
of origin that is free from quarantine pests that attack the fruit or
vegetable and the criteria of Sec. 319.56-2(f) are met with regard to
those quarantine pests, provided that all other quarantine pests that
attack the fruit or vegetable in the area or district of the country of
origin have been eliminated from the fruit or vegetable by treatment or
any other procedures that may be prescribed by the Administrator.
Prior to 1992, APHIS did not specifically amend the regulations to
list those fruits and vegetables for which we issued a permit after
determining that the fruit or vegetable was eligible for entry under
the regulations in Sec. 319.56-2(e). However, in 1992, in an effort to
increase transparency, we changed our approach and began to amend the
regulations to specifically list all newly eligible fruits and
vegetables (i.e., those that were not previously eligible under a
specific administrative instruction or imported under permit in
accordance with Sec. 319.56-2(e)). In most cases, we have not amended
the regulations to list the fruits and vegetables that were allowed
entry exclusively under permit prior to our decision to specifically
list the commodities in the regulations.
In this document, we propose to list the following fruits and
vegetables in Sec. 319.56-2t. These fruits and vegetables, which we
determined meet the criteria of Sec. 319.56-2(e)(4), have been
imported into the United States from Mexico under permit since before
1992.
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Common name Botanical name Plant part(s)
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Allium................................ Allium spp.................... Whole plant.
Asparagus............................. Asparagus officinalis......... Whole plant.
Beet.................................. Beta vulgaris................. Whole plant.
Carrot................................ Daucus carota................. Whole plant.
Coconut............................... Cocos nucifera................ Fruit without husk.
Eggplant.............................. Solanum melongena............. Whole plant.
Grape................................. Vitis spp..................... Fruit, cluster, leaves.
Jicama................................ Pachyrhizus tuberosus......... Whole plant.
Lemon................................. Citrus limon.................. Fruit.
Lime, sour............................ Citrus aurantiifolia.......... Fruit.
Parsley............................... Petroselinum crispum.......... Whole plant.
Pineapple............................. Ananas comosus................ Fruit.
Prickly-pear pad...................... Opuntia spp................... Pad.
Radish................................ Raphanus sativus.............. Whole plant.
Tomato................................ Lycopersicon lycopersicum..... Whole plant.
Tuna.................................. Opuntia spp................... Fruit.
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[[Page 70450]]
In addition, although the flower of banana (Musa spp.) and the
inflorescence of cucurbits (Cucurbitaceae) are currently listed in
Sec. 319.56-2t as admissible plant parts from Mexico, the fruit of
banana and the flower and fruit of cucurbits have been admissible as
well under permit. Therefore, we propose to amend the existing entries
for bananas and cucurbits from Mexico so that all admissible plant
parts of those commodities are listed in Sec. 319.56-2t.
While a few quarantine pests have been detected on these particular
fruits and vegetables during inspection at the ports, they have been
eliminated from the fruit or vegetable by treatment or other
procedures. Therefore, we believe that these fruits and vegetables, or
plant parts, should be listed in Sec. 319.56-2t so that the
regulations specifically indicate that these commodities may be
imported from Mexico. In accordance with Sec. 319.56-6, these fruits
and vegetables would continue to be inspected at the port of first
arrival and, if required by an inspector, disinfected at the port of
first arrival.
Coconut Fruit With Milk and Husk From Mexico
In 1989, we prepared a decision sheet in response to Mexico's
request to export coconut fruit with milk and husk to the United
States. Because we identified two quarantine pests of concern (the red
ring nematode [Rhadinaphelenchus cocophlus] and lethal yellowing
disease), we denied the request.
Since that time, however, we have determined that the risk
associated with red ring nematode is low. In 1992, we amended 7 CFR
319.37-5(g) to allow seed coconuts to be imported into the United
States from Costa Rica, where the red ring nematode is also known to
occur, since the risk associated with introducing red ring nematode in
seed coconuts was determined to be low. Prior to that amendment, the
importation of seed coconut was allowed only from Jamaica, where the
red ring nematode is not known to occur. Given that the risk associated
with the red ring nematode is the same for seed coconuts and coconuts
with milk and husk, and that seed coconut from Costa Rica has been
successfully imported into the United States for over a decade, we have
reconsidered Mexico's request and propose to allow coconut fruit with
milk and husk to be imported into the United States from Mexico if
inspected at the port of first arrival in accordance with Sec. 319.56-
6. Because the risk associated with the red ring nematode is low, we
believe that inspection at the port of first arrival is sufficient to
mitigate the risk.
To mitigate the risk associated with lethal yellowing disease, we
propose to allow coconut fruit with milk and husk to be imported into
the United States from Mexico under conditions similar to the existing
conditions for the importation of seed coconuts from Costa Rica and
Jamaica. Seed coconuts imported into the United States from Costa Rica
or Jamaica must be of either the Malayan dwarf variety or the Maypan
variety, which are resistant to lethal yellowing disease. The seed
coconuts must be accompanied by a phytosanitary certificate which
declares that the coconuts are either the Malayan dwarf variety or the
Maypan variety.
Therefore, we are proposing to require that the coconut fruit with
milk and husk be accompanied by a phytosanitary certificate issued by
the national plant protection organization (NPPO) of Mexico with an
additional declaration stating that the fruit is of the Malayan dwarf
variety or Maypan variety (=F1 hybrid, Malayan DwarfxPanama
Tall), based on verification of the parent stock. Inspection at the
port of entry would further mitigate the risk associated with lethal
yellowing disease. We believe that these proposed conditions are
adequate to prevent the introduction of the quarantine pests of
concern. Therefore, we propose to list coconut fruit with milk and husk
from Mexico in Sec. 319.56-2t.
Pitaya From Mexico
Based on a pest risk assessment conducted for pitaya from Mexico
that identified the pests of concern as the Mediterranean fruit fly
(Medfly, Ceratitis capitata), fruit flies of the genus Anastrepha, gray
pineapple mealybug (Dymicoccus neobrevipes), and passionvine mealybug
(Planococcus minor), we propose to allow the entry of pitaya from
Mexico only under certain conditions.
In addition to requiring that pitaya from Mexico be subject to
inspection and disinfection at the port of entry, we would require that
the pitaya be grown in an area that has been recognized as a fruit fly-
free area. The regulations in Sec. 319.56-2(h) list the municipalities
in Mexico that APHIS has determined meet the criteria of Sec. 319.56-
2(e) and (f) with regard to freedom from the Medfly and fruit flies of
the genus Anastrepha.
The fruit would have to be accompanied by a phytosanitary
certificate issued by Mexico's NPPO declaring that the fruit originated
in an area designated in Sec. 319.56-2(h) as free from pests and, upon
inspection, was found free of D. neobrevipes and P. minor. These
additional conditions would be necessary to assure us that the product
originated in a fruit fly-free area and was inspected and found free of
the specified mealybugs.
Because the pest risk assessment was limited to the continental
United States, we would require pitaya from Mexico to be shipped in
boxes labeled ``Not for importation or distribution in HI, PR, VI, or
Guam.''
We believe that these proposed conditions are adequate to prevent
the introduction of the quarantine pests of concern. Therefore, we
propose to list pitaya from Mexico in Sec. 319.56-2t.
Other Amendments to Sec. 319.56-2t
In many cases, the entries for specific fruits and vegetables in
the table in Sec. 319.56-2t include additional conditions, such as
restrictions on the distribution of the fruit or vegetable or a
requirement that the fruit or vegetable originate in a pest-free area
and be so certified on a phytosanitary certificate. We propose to
remove those additional conditions from the table and place them in a
new paragraph (b) in Sec. 319.56-2t. In the table, the entries in
which the additional conditions had appeared would instead include a
reference to the paragraph or paragraphs in the new paragraph (b) where
the applicable conditions would appear. We believe this reorganization
of the information contained in the table would make the table easier
to read and use and would eliminate the need to repeat the same
conditions multiple times when those conditions apply to more than one
fruit or vegetable.
In order to minimize the number of restrictions in the proposed new
paragraph (b), we would state certain requirements more generally. For
instance, rather than stating that a phytosanitary certificate must be
issued by the NPPO of a specific country, we would state that the
phytosanitary certificate must be issued by the NPPO of the country of
origin. Because the term ``country of origin'' is not defined in the
regulations, we propose to add a definition of the term ``country of
origin'' in Sec. 319.56-1. The term ``country of origin'' would be
defined as ``Country where the plants from which the plant products are
derived were grown,'' which is consistent with the definition provided
in the standards of the International Plant Protection Convention of
the United Nations' Food and Agriculture Organization.
The entries for some of the fruits and vegetables in the current
regulations specify that the commodity may not be imported into or
distributed within
[[Page 70451]]
certain areas. For example, papaya from Guatemala is prohibited entry
into Hawaii due to the papaya fruit fly, and cartons in which fruit is
packed must be stamped ``Not for importation into or distribution
within HI.'' However, for other commodities, such as dasheen from
Indonesia, the required statement refers only to distribution (i.e.,
the statement does not refer to both importation and distribution). For
consistency, we would specify that the importation into, as well as the
distribution within, certain areas is prohibited.
Under Sec. 319.56-2t, lucuma, mountain papaya, and sand pear from
Chile may be imported from a Medfly-free area. However, the regulations
do not specify that a phytosanitary certificate declaring that the
commodity was grown in a Medfly-free area must accompany the shipment.
We propose to add that requirement for those commodities.
We also propose to make grammatical changes and updates throughout
the list of fruits and vegetables. The footnote for Haiti concerning
Executive Order 12779 would be removed because that Executive order was
revoked on October 16, 1994 (59 FR 52403, published October 18, 1994).
The footnote requiring that no green may be visible on the shoot of
asparagus from Austria would be removed and added to the entry for
asparagus from Austria. We would also amend the entry for watermelon
from Spain by changing the scientific name provided for watermelon from
Citrullus vulgaris to C. lanatus. C. lanatus is the most current
scientific name for watermelon, and C. vulgaris is a synonym.
Melon and Watermelon From Certain Countries in South America
We propose to amend the regulations to allow the entry of
commercial shipments of watermelon and several varieties of melon
(Cucumis melo L. subsp. melo) into the United States from Peru. The
specific varieties of melon that would be considered for importation
include cantaloupe, netted melon (muskmelon, nutmeg melon, and Persian
melon), vegetable melon (snake melon and oriental pickling melon), and
winter melon (honeydew and casaba melon).
At the request of the Government of Peru, we conducted a pest risk
assessment for melon and watermelon from Peru. In that assessment, we
identified the pests of concern as the South American cucurbit fly (A.
grandis) and the gray pineapple mealybug. We propose to allow the entry
of melon and watermelon from Peru only under certain conditions to
prevent the introduction into the United States of the South American
cucurbit fly and the gray pineapple mealybug. These proposed
conditions, which are discussed below, are similar to the existing
conditions under which certain melon and watermelon may be imported
from Ecuador (Sec. 319.56-2y) and from Brazil and Venezuela (Sec.
319.56-2aa).
The melon and watermelon would have to be grown in areas of Peru
considered by APHIS to be free of the South American cucurbit fly. Peru
recently provided APHIS with fruit fly survey data that demonstrate
that the Departments of Lima, Ica, Arequipa, Moquegua, and Tacna meet
the criteria for freedom in Sec. 319.56-2(e) and (f) relative to the
South American cucurbit fly. (The survey data is available upon request
from the person listed under FOR FURTHER INFORMATION CONTACT.)
Therefore, we propose to consider those areas as free of the South
American cucurbit fly in Peru and to list them as such.
In addition, shipments of melon and watermelon would have to be
accompanied by a phytosanitary certificate issued by the Peruvian NPPO
that includes a declaration that the fruit was grown in an area
recognized to be free of the South American cucurbit fly, and upon
inspection, was found free of the gray pineapple mealybug. We would
also specify in the regulations that only commercial shipments of melon
and watermelon from Peru may be imported, given that, as discussed
previously with respect to Annona spp. fruit from Grenada, produce
grown commercially is less likely to be infested with plant pests than
noncommercial shipments.
The pest risk assessment was limited to the continental United
States. Therefore, we would require melon and watermelon from Peru to
be shipped in boxes labeled ``Not for distribution in HI, PR, VI, or
Guam.'' All shipments of melon and watermelon would have to be labeled
in accordance with Sec. 319.56-2(g), which states, in part, that the
box of fruit imported into the United States must be clearly labeled
with the name of the orchard or grove of origin, or the name of the
grower; and the name of the municipality and State in which it was
produced; and the type and amount of fruit it contains.
We believe that the above conditions would be adequate to guard
against the introduction of quarantine pests into the United States
with melon and watermelon imported from Peru.
As noted previously, the requirements for cantaloupe and watermelon
from Ecuador are in Sec. 319.56-2y, and the requirements for melons
and watermelon from Brazil and Venezuela are in Sec. 319.56-2aa.
Because these sections are similar, we propose to combine them into a
single section, which would also contain the requirements described
above for melons and watermelon from Peru. The section would be
entitled ``Conditions governing the entry of melon and watermelon from
South America.''
Specific reference to each country's agricultural department would
be changed to the more general reference of the country's NPPO, thus
avoiding the need to amend the regulations should the specific name of
the NPPO change. In Sec. 319.56-2y(a)(2), ``South American cucurbit
fruit fly'' would be corrected to ``South American cucurbit fly
(Anastrepha grandis).'' The requirement for phytosanitary certificates
for cantaloupe, honeydew melon, and watermelon from Brazil and
Venezuela, which would be moved from Sec. 319.56-2aa(a)(2) to Sec.
319.56-2y(b)(1) for Brazil and Sec. 319.56-2y(c)(1) for Venezuela,
would be amended to modify the requirement for the additional
declaration. Rather than requiring that the declaration indicate that
the cantaloupe or melons were grown in an area recognized to be free of
the South American cucurbit fly, we would replace the terms
``cantaloupe or melons'' with the more general term ``fruit.'' Because
we are combining two sections into a single section, changes such as
updating references to ``this section'' to read ``this paragraph''
would be necessary. In addition, we would make other minor,
nonsubstantive grammatical and style changes for consistency.
Watermelon, Squash, Cucumber, and Oriental Melon From the Republic of
Korea
We propose to allow watermelon, squash (Curcurbita maxima),
cucumber (Cucumis sativus), and oriental melon (C. melo) to be imported
into the United States from the Republic of Korea under certain
conditions, which would be set forth in Sec. 319.56-2aa. (As discussed
above, the current Sec. 319.56-2aa would be combined with Sec.
319.56-2y.) These fruits can be the host of several quarantine pests,
including the pumpkin fruit fly (Bactrocera depressa), the cotton
caterpillar (Diaphania indica), and the Asian corn borer (Ostrinia
furnacalis), which were identified as pests with high pest-risk
potential in the pest risk assessment. The cucumber green mottle mosaic
virus was identified as a quarantine pest with medium pest-risk
potential in the pest risk assessment.
We believe that the following conditions would guard against the
[[Page 70452]]
entry of the specified quarantine pests in shipments of watermelon,
squash, cucumber, and oriental melon imported from the Republic of
Korea into the United States:
------------------------------------------------------------------------
Quarantine pest to which it
Condition applies
------------------------------------------------------------------------
The watermelon, squash, cucumber, and B. depressa, D. indica, O.
oriental melon must be grown in pest- furnacalis.
proof greenhouses registered with the
Republic of Korea's NPPO.
The NPPO must inspect and regularly B. depressa, D. indica, O.
monitor greenhouses for plant pests. The furnacalis, cucumber green
NPPO must inspect greenhouses and plants, mottle mosaic virus.
including fruit, at intervals of no more
than 2 weeks, from the time of fruit set
until the end of harvest.
The NPPO must set and maintain fruit fly B. depressa.
traps in greenhouses from October 1 to
April 30. The number of traps must be set
as follows: Two traps for greenhouses
smaller than 0.2 hectare in size; three
traps for greenhouses 0.2 to 0.5 hectare;
four traps for greenhouses over 0.5
hectare and up to 1.0 hectare; and for
greenhouses greater than 1 hectare, traps
must be placed at a rate of four traps
per hectare.
The NPPO must check all traps once every 2 B. depressa.
weeks. If a single pumpkin fruit fly is
captured, that greenhouse will lose its
registration until trapping shows that
the infestation has been eradicated.
The fruit may be shipped only from B. depressa.
December 1 through April 30.
Each shipment must be accompanied by a B. depressa, D. indica, O.
phytosanitary certificate issued by NPPO, furnacalis, cucumber green
with the following additional mottle mosaic virus.
declaration: ``The regulated articles in
this shipment were grown in registered
greenhouses as specified by 7 CFR 319.56-
2aa''.
Each shipment must be protected from pest B. depressa, D. indica, O.
infestation from harvest until export. furnacalis.
Newly harvested fruits must be covered
with insect-proof mesh or a plastic
tarpaulin while moving to the
packinghouse and awaiting packing. Fruit
must be packed within 24 hours of
harvesting, in an enclosed container or
vehicle or in insect-proof cartons or
cartons covered with insect-proof mesh or
plastic tarpaulin, and then placed in
containers for shipment. These safeguards
must be intact when the shipment arrives
at the port in the United States.
------------------------------------------------------------------------
Grapes from the Republic of Korea
We propose to allow the importation of grapes (Vitis spp.) into the
United States from the Republic of Korea under certain conditions that
would be set forth in a new Sec. 319.56-2ll. The quarantine pests of
concern for grapes grown in the Republic of Korea that were rated
``high'' in the pest risk assessment are the yellow peach moth
(Conogethes punctiferalis), grapevine moth (Eupoecilia ambiguella),
leaf-rolling torix (Sparganothis pilleriana), apple heliodinid
(Stathmopoda auriferella), and the plant pathogenic fungus Monilinia
fructigena. Another quarantine pest of concern is the moth Nippoptilia
vitis, which was rated ``medium'' in the pest risk assessment. We
propose the following phytosanitary measures to guard against the entry
of quarantine pests in shipments of grapes imported from the Republic
of Korea into the United States:
(1) The fields where the grapes are grown must be inspected during
the growing season by the NPPO. The NPPO must inspect 250 grapevines
per hectare, inspecting leaves, stems, and fruit of the vines.
(2) If evidence of C. punctiferalis, E. ambiguella, S. pilleriana,
S. auriferella, or M. fructigena is detected during inspection, the
field will immediately be rejected, and exports from that field will be
canceled until visual inspection of the vines shows that the
infestation has been eradicated.
(3) Fruit must be bagged from the time the fruit sets until
harvest.
(4) Each shipment must be inspected by NPPO before export. For each
shipment, NPPO must issue a phytosanitary certificate with an
additional declaration stating that the fruit in the shipment was found
free from C. punctiferalis, E. ambiguella, S. pilleriana, S.
auriferella, M. fructigena, and N. vitis.
We believe that these proposed growing, inspection, and shipping
requirements would be adequate to prevent the introduction of
quarantine pests into the United States with grapes imported from the
Republic of Korea.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this proposed rule on small entities. Based on the
information we have, there is no reason to conclude that adoption of
this proposed rule would result in any significant economic effect on a
substantial number of small entities. However, we do not currently have
all of the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments on potential effects. In particular, we are interested in
determining the number and kind of small entities that may incur
benefits or costs from the implementation of this proposed rule.
Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary
of Agriculture is authorized to regulate the importation of plants,
plant products, and other articles to prevent the introduction of plant
pests into the United States or the dissemination of plant pests within
the United States.
We propose to amend the fruits and vegetables regulations to list a
number of fruits and vegetables from certain parts of the world as
eligible, under specified conditions, for importation into the United
States. All of the fruits and vegetables, as a condition of entry,
would be inspected and subject to such disinfection at the port of
first arrival as may be required by an inspector. In addition, some of
the fruits and vegetables would be required to meet other special
conditions. We also propose to recognize areas in Peru as free from the
South American cucurbit fly. These actions would provide the United
States with additional kinds and
[[Page 70453]]
sources of fruits and vegetables while continuing to provide protection
against the introduction and spread of quarantine pests.
Availability of and Request for Production and Trade Data
For some of the commodities proposed for importation into the
United States in this document, data on the levels of production are
unavailable for a number of reasons. Some of these commodities are not
produced in significant quantities either in the United States or in
the country that would be exporting the commodity to the United States.
Generally, statistical data are less available for commodities produced
in small quantities when compared to a country's more widely or
commercially produced commodities. The uncertainty surrounding the cost
and availability of transportation and the demand for the commodity in
the United States increases the difficulty in obtaining estimates of
the potential volume of commodities exported from foreign countries to
the United States.
Therefore, we are requesting the public to provide APHIS with any
available data regarding the production or trade of Annona spp. in the
United States and Grenada and pitaya in the United States and Mexico.
These data will assist us in further assessing the effects that
allowing the importation of these commodities could have on U.S.
producers or consumers.
Effects on Small Entities
Data on the number and size of U.S. producers of the various
commodities proposed for importation into the United States in this
document are not available. However, since most fruit and vegetable
farms are small by Small Business Administration standards, it is
likely that the majority of U.S. farms producing the commodities
discussed below are small. Potential economic effects that could occur
if this proposal is adopted are discussed below by commodity and
country of origin.
African horned cucumber from Chile. We propose to amend the
regulations to allow the entry of African horned cucumber from Chile.
African horned cucumber is a specialty crop that is grown in small
quantities. Less than 20 acres of the fruit are cultivated in
California; and less than 10 acres in Region V (Olmue) and Region X
(Osorno) of Chile have been cultivated since 1996. Approximately 32,000
pounds of fruit are expected to be shipped to the United States
annually from March to May. There is no reason to believe that allowing
imports of African horned cucumber from Chile would have any
significant economic impact on U.S. entities. In addition, we believe
that U.S. consumers of African horned cucumber would benefit from the
increase in its supply and availability.
Annona spp. from Grenada. In this document, we propose to allow the
entry of commercial fruit shipments of cherimoya, soursop, custard
apple, sugar apple, and atemoya, which are species of Annona, into the
United States from Grenada. In the United States, Annona spp. are
apparently a specialty crop produced on a small scale mainly in
southern California; thus no data on the U.S. production of Annona spp.
are available. Although no separate data are available on the
production and trade of Annona spp. from Grenada, data may have been
included with the production of all apples. From 2001 to 2003, Grenada
produced an average of 533 metric tons of apples. In addition, Annona
spp. exports may be included under the category of ``apples, not
elsewhere specified,'' which includes wild apples. The 3-year average
for exports of apples, not elsewhere specified, from Grenada is 5
metric tons. We believe any exports to the United States would be
minimal and would not have any significant economic effect on U.S.
producers, whether small or large, or consumers. In addition, we
believe that U.S. consumers of Annona spp. would benefit from the
increase in its supply and availability.
Fruit and vegetables from Mexico. We propose to specifically list
Allium spp., asparagus, banana, beets, carrots, coconut fruit without
husk, cucurbits, eggplant, grape, jicama, lemon, sour lime, parsley,
pineapple, prickly pear pads, radish, tomato, and tuna as admissible
fruits and vegetables from Mexico. Because these fruits and vegetables
are admissible into the United States from Mexico under permit,
specifically listing these commodities in the regulations would not
have any economic effect on U.S. producers, whether small or large, or
consumers. While production and trade data are not available for
jicama, prickly pear, and tuna from Mexico or the United States, data
are shown for the other commodities, as available, in table 1. The data
provided in table 1 are based on either a 2- or 3-year average. The
averages presented for most U.S. and Mexican production and trade, as
well as for tomato exports from Mexico, are for the 3-year period of
2000, 2001, and 2002. A 2-year average for 2000 and 2001 is given for
exports from Mexico (except tomatoes), U.S. production of parsley and
beets, and U.S. imports of parsley and cucurbits.
Table 1.--U.S. and Mexican Production and Trade Data (in metric tons) of Fruits and Vegetables
----------------------------------------------------------------------------------------------------------------
U.S. imports
Commodity U.S. from all U.S. imports Mexican Mexican
production countries from Mexico production exports
----------------------------------------------------------------------------------------------------------------
Allium spp.:
Shallot and green onion..... 444,429 257,784 159,953 1,021,605 599,491
Garlic...................... 258,680 37,806 14,776 50,894 27,544
Leek and other alliaceous (\1\) 3,040 2,752 (\1\) 87,455
vegetables.................
Asparagus....................... 103,060 75,086 38,231 57,545 44,378
Banana.......................... 12,850 4,232,383 74,560 1,961,201 126,368
Beets........................... 101,738 20,341 15,254 (\1\) 775,100
Carrot.......................... 1,913,700 85,037 23,508 358,054 201,944
Coconut......................... 0 63,075 4,854 1,058,667 87,584
Cucurbits:
Melon and watermelons....... 2,969,250 882,350 363,902 1,469,700 572,529
Cucumbers and gherkins...... 1,078,800 15,035 1,924 416,667 7,880
Pumpkins, squash, and gourds 761,253 223,697 148,343 550,000 372,294
Eggplant........................ 77,290 40,233 36,863 59,000 135,697
Grape........................... 6,495,380 987,124 191,477 427,497 117,510
Lemon and lime.................. 572,250 218,816 184,814 1,658,420 733,184
Parsley......................... 14,210 5,897 (\1\) (\1\) (\1\)
Pineapple....................... 302,500 348,617 19,923 598,629 117,510
[[Page 70454]]
Radish.......................... 53,781 15,338 14,654 (\1\) (\1\)
Tomato.......................... 10,590,000 804,548 664,362 2,085,831 1,551,685
----------------------------------------------------------------------------------------------------------------
\1\ Not available.
Coconut fruit with milk and husk from Mexico. As noted earlier in
this document, coconut fruit without husk have been admissible into the
United States from Mexico under permit. In this document, we propose to
allow coconut fruit with milk and husk from Mexico to be imported into
the United States. While the data on coconut production and trade do
not differentiate between coconut fruit with or without husk and milk,
it is possible that an increase in imports of coconuts into the United
States from Mexico would occur, since coconut fruit with milk and husk
have previously been inadmissible from Mexico. Because the U.S.
production of coconut fruit with milk and husk is supplemented with
imports in order to satisfy the domestic demand, we do not believe that
allowing the importation of coconut fruit with milk and husk from
Mexico would have a significant effect on either U.S. consumers or
producers. In addition, we believe that U.S. consumers would benefit
from the increase in the supply and availability of coconut fruit with
milk and husk from Mexico.
Pitaya from Mexico. In the United States, pitaya are a specialty
crop produced on a small scale; thus no data on the U.S. production of
pitaya are available. Mexican production and trade data are also not
available.
Melon and watermelon from Peru. We propose to amend the regulations
to allow the entry of commercial shipments of watermelon and several
varieties of melon (Cucumis melo L. subsp. melo) into the United States
from Peru. The specific varieties of melons that would be considered
for importation include cantaloupe, netted melon (muskmelon, nutmeg
melon, and Persian melon), vegetable melon (snake melon and oriental
pickling melon), and winter melon (honeydew and casaba melon). The
melon and watermelon from Peru would be admissible from the Departments
of Lima, Ica, Arequipa, Moquegua, and Tacna, which we propose to
recognize as free of the South American cucurbit fly.
From 2001 to 2003, the United States produced an average of almost
3 million metric tons of melon and watermelon and imported an average
of 882,350 metric tons. For that same 3-year period, Peru produced an
average of 72,337 metric tons of melon and watermelon. For the 2-year
period of 2000 and 2001, Peru exported an average of 1,393 metric tons
of melon and watermelon. Because the U.S. production of melon and
watermelon is supplemented with imports in order to satisfy the
domestic demand, we do not believe that allowing the importation of
melon and watermelon from certain areas of Peru would have a
significant effect on either U.S. consumers or producers. In addition,
we believe that U.S. consumers of melon and watermelon would benefit
from the increase in its supply and availability.
Watermelon, squash, cucumber, and oriental melon from the Republic
of Korea. We propose to allow watermelon, squash, cucumber, and
oriental melon to be imported into the United States from the Republic
of Korea (South Korea) under certain conditions. Table 2 shows the
average U.S. and South Korean production and trade data available for
the 3-year period of 2000, 2001, and 2002, with a 2-year average for
2000 and 2001 for exports from South Korea. Note that data include a
broader category than what is actually proposed to be imported; e.g.,
we propose to import cucumber, but the data are available under the
broader category of cucumber and gherkins.
Table 2.--Production and Trade Data (in metric tons) for U.S. and South Korean Fruits and Vegetables
----------------------------------------------------------------------------------------------------------------
U.S. imports U.S.imports
Commodity U.S. from all from South South Korean South Korean
production countries Korea production exports
----------------------------------------------------------------------------------------------------------------
Melon and watermelons........... 2,969,250 882,350 0 324,260 428
Cucumbers and gherkins.......... 1,078,800 15,035 0 451,175 7,030
Pumpkins, squash, and gourds.... 761,253 223,697 0 240,161 515
----------------------------------------------------------------------------------------------------------------
Grapes from South Korea. We propose to allow the importation of
grapes into the United States from South Korea under certain
conditions. From 2001 to 2003, the United States produced an average of
almost 6.5 million metric tons of grapes and imported an average of
987,124 metric tons. For that same 3-year period, South Korea produced
an average of 461,198 metric tons grapes (approximately 7 percent of
the total U.S. production) with an average export of 101 metric tons.
Because the U.S. production of grapes is supplemented with imports in
order to satisfy the domestic demand, we do not believe that allowing
the importation of grapes from South Korea would have a significant
effect on either U.S. consumers or producers. In addition, we believe
that U.S. consumers of grapes would benefit from the increase in its
supply and availability.
This proposed rule contains information collection requirements,
which have been submitted for approval to the Office of Management and
Budget (see ``Paperwork Reduction Act'' below).
Executive Order 12988
This proposed rule would allow certain fruits and vegetables to be
imported into the United States from certain parts of the world. If
this proposed rule is adopted, State and local laws and regulations
regarding the importation of fruits and vegetables under this rule
would be preempted while the fruits and vegetables are in foreign
commerce. Fresh fruits and vegetables are generally imported for
immediate distribution and sale to the
[[Page 70455]]
consuming public and would remain in foreign commerce until sold to the
ultimate consumer. The question of when foreign commerce ceases in
other cases must be addressed on a case-by-case basis. If this proposed
rule is adopted, no retroactive effect will be given to this rule, and
this rule will not require administrative proceedings before parties
may file suit in court challenging this rule.
National Environmental Policy Act
APHIS' review and analysis of the potential environmental impacts
associated with the proposed importations are documented in detail in
an environmental assessment entitled ``Proposed Rule for the 12th
Periodic Amendment of the Fruits and Vegetables Regulations''
(September 2003). The environmental assessment was prepared in
accordance with: (1) The National Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Copies of the environmental assessment are available for public
inspection in our reading room (information on the location and hours
of the reading room is provided under the heading ADDRESSES at the
beginning of this document). In addition, copies may be obtained by
writing to the individual listed under FOR FURTHER INFORMATION CONTACT.
The environmental assessment may be viewed on the Internet at http://www.aphis.usda.gov/ppd/es/ppqdocs.html
.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 02-106-1.
Please send a copy of your comments to: (1) Docket No. 02-106-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
In this document, we propose to amend the fruits and vegetables
regulations to list a number of fruits and vegetables from certain
parts of the world as eligible, under specified conditions, for
importation into the United States. All of the fruits and vegetables,
as a condition of entry, would be inspected and subject to treatment at
the port of first arrival as may be required by an inspector. In
addition, some of the fruits and vegetables would be required to meet
other special conditions. We also propose to recognize areas in Peru as
free from the South American cucurbit fly.
Allowing these fruits and vegetables to be imported would
necessitate the use of certain information collection activities,
including the completion of import permits, phytosanitary certificates,
and fruit fly monitoring records.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.1320 hours per response.
Respondents: U.S. importers of fruits and vegetables; plant health
officials of exporting countries.
Estimated annual number of respondents: 141.
Estimated annual number of responses per respondent: 5.5319.
Estimated annual number of responses: 780.
Estimated total annual burden on respondents: 103 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS's Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS's Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock,
Plant diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3.
2. Section 319.56-1 would be amended by adding, in alphabetical
order, a new definition for country of origin to read as follows:
Sec. 319.56-1 Definitions.
* * * * *
Country of origin. Country where the plants from which the plant
products are derived were grown.
* * * * *
3. Section 319.56-2t would be revised to read as follows:
Sec. 319.56-2t Administrative instructions: Conditions governing the
entry of certain fruits and vegetables.
(a) The following commodities may be imported into all parts of the
United States, unless otherwise indicated, from the places specified,
in accordance with Sec. 319.56-6 and all other applicable requirements
of this subpart:
[[Page 70456]]
----------------------------------------------------------------------------------------------------------------
Additional
restrictions (See
Country/locality Common name Botanical name Plant part(s) paragraph (b) of
this section.)
----------------------------------------------------------------------------------------------------------------
Argentina.................... Artichoke, globe.. Cynara scolymus... Immature flower
head.
Basil............. Ocimum spp........ Above ground
parts.
Currant........... Ribes spp......... Fruit.
Endive............ Cichorium endivia. Leaf and stem.
Gooseberry........ Ribes spp......... Fruit.
Marjoram.......... Origanum spp...... Above ground
parts.
Oregano........... Origanum spp...... Above ground
parts.
Australia.................... Currant........... Ribes spp......... Fruit
Gooseberry........ Ribes spp......... Fruit.............
Austria...................... Asparagus, white.. Asparagus Shoot (no green
officinalis. may be visible on
the shoot).
Barbados..................... Banana............ Musa spp.......... Flower.
Belgium...................... Leek.............. Allium spp........ Whole plant....... (b)(5)(i)
Pepper............ Capsicum spp...... Fruit.............
Belize....................... Banana............ Musa spp.......... Flower in bracts
with stems.
Bay leaf.......... Laurus nobilis.... Leaf and stem
Mint.............. Mentha spp........ Above ground
parts..
Papaya............ Carica papaya..... Fruit............. (b)(1)(i),
(b)(2)(iii)
Rambutan.......... Nephelium Fruit............. (b)(2)(i),
lappaceum. (b)(5)(iii)
Sage.............. Salivia Leaf and stem.
officinalis.
Tarragon.......... Artemisia Above ground
dracunculus. parts.
Bermuda...................... Avocado........... Persea americana.. Fruit.
Carambola......... Averrhoa carambola Fruit.............
Grapefruit........ Citrus paradisi... Fruit.............
Guava............. Psidium guajava... Fruit.............
Lemon............. Citrus limon...... Fruit.............
Longan............ Dimocarpus longan. Fruit.............
Loquat............ Eriobotrya Fruit.
Mandarin orange... japonica. Fruit.............
Natal plum........ Citrus reticulata. Fruit.............
Orange, sour...... Carissa macrocarpa Fruit.............
Orange, sweet..... Citrus aurantium.. Fruit.............
Papaya............ Citrus sinensis... Fruit.............
Carica papaya.....
Passion fruit..... Passiflora spp.... Fruit.
Peach............. Prunus persica.... Fruit.............
Pineapple guava... Feijoa spp........ Fruit.............
Suriname cherry... Eugenia uniflora.. Fruit.............
Bolivia...................... Belgian endive.... Cichorium intybus. Leaf.
Chile........................ African horned Cucumis Fruit............. (b)(2)(i)
cucumber. metuliferus.
Babaco............ Carica x heilborni Fruit............. (b)(1)(i)
var. pentagona.
Basil............. Ocimum spp........ Above ground
parts.
Lucuma............ Manilkara sapota Fruit............. (b)(1)(i)
(=Lucuma mammosa).
Mountain papaya... Carica pubescens Fruit............. (b)(1)(ii)
(=C.
candamarcensis).
Oregano........... Origanum spp...... Leaf and stem.
Pepper............ Capsicum annuum... Fruit............. (b)(1)(i)
Sandpear.......... Pyrus pyrifolia... Fruit............. (b)(1)(ii)
Tarragon.......... Artemisia Above ground
dracunculus. parts.
China........................ Bamboo............ Bambuseae spp..... Edible shoot, free
of leaves and
roots.
Colombia..................... Rhubarb........... Rheum rhabarbarum. Stalk.
Snow pea.......... Pisum sativum Flat, immature
subsp. sativum. pod.
Tarragon.......... Artemisia Above ground
dracunculus. parts.
Cook Islands................. Banana............ Musa spp.......... Green fruit....... (b)(4)(i)
Cucumber.......... Cucumis sativus... Fruit.
Drumstick......... Moringa........... Leaf..............
pterygosperma.....
Ginger............ Zingiber Root.............. (b)(2)(ii)
Indian mulberry... officinale. Leaf..............
Lemongrass........ Morinda citrifolia Leaf..............
Tossa jute........ Cymbopogon spp.... Leaf..............
Corchorus
olitorius.
Costa Rica................... Basil............. Ocimum spp........ Whole plant.
Chinese kale...... Brassica Leaf and stem.....
Chinese turnip.... alboglabra. Root..............
Raphanus sativus..
[[Page 70457]]
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Jicama............ Pachyrhizus Root.
tuberosus or P.
erosus.
Rambutan.......... Nephelium......... Fruit............. (b)(2)(i),
lappaceum......... (b)(5)(iii)
Dominican Republic........... Bamboo............ Bambuseae spp..... Edible shoot, free
of leaves and
roots.
Durian............ Durio zibethinus.. Fruit.
Ecuador...................... Banana............ Musa spp.......... Flower.
Basil............. Ocimum spp........ Above ground
parts..
Chervil........... Anthriscus spp.... Leaf and stem.
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only..
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Radicchio......... Cichorium spp..... Above ground
parts.
El Salvador.................. Basil............. Ocimum spp........ Above ground
parts..
Cilantro.......... Coriandrum sativum Above ground
parts..
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Dill.............. Anethum graveolens Above ground
parts.
Eggplant.......... Solanum melongena. Fruit............. (b)(3)
Fennel............ Foeniculum vulgare Leaf and stem..... (b)(2)(i)
German chamomile.. Matricaria Flower and leaf... (b)(2)(i)
recutita and
Matricaria
chamomilla.
Loroco............ Fernaldia spp..... Flower, leaf, and
stem.
Oregano or sweet Origanum spp...... Leaf and stem..... (b)(2)(i)
marjoram.
Parsley........... Petroselinum Leaf and stem..... (b)(2)(i)
crispum.
Rambutan.......... Nephelium Fruit............. (b)(2)(i),
lappaceum. (b)(5)(iii)
Rosemary.......... Rosmarinus Leaf and stem..... (b)(2)(i)
officinalis.
Waterlily or lotus Nelumbo nucifera.. Roots without soil (b)(2)(i)
Yam-bean or Jicama Pachyrhizus spp... Roots without soil (b)(2)(i)
root.
France....................... Tomato............ Lycopersicon Fruit............. (b)(4)(ii)
esculentum.
Great Britain................ Basil............. Ocimum spp........ Leaf and stem.
Grenada...................... Abiu.............. Pouteria caimito.. Fruit............. (b)(3)
Atemoya........... Annona squamosa x Fruit.............
A. cherimola.
Bilimbi........... Averrhoa bilimbi.. Fruit.
Breadnut.......... Brosimum Fruit.............
alicastrum.
Cherimoya......... Annona cherimola.. Fruit............. (b)(3)
Cocoplum.......... Chrysobalanus Fruit.
Cucurbits......... icaco. Fruit.............
Cucurbitaceae.....
Custard apple..... Annona reticulata. Fruit............. (b)(3)
Durian............ Durio zibethinus.. Fruit.
Jackfruit......... Artocarpus Fruit.............
heterophyllus.
Jambolan.......... Syzygium cumini... Fruit.
Jujube............ Ziziphus spp...... Fruit.............
Langsat........... Lansium domesticum Fruit. .....................
Litchi............ Litchi chinensis.. Fruit. .....................
Malay apple....... Syzygium Fruit. .....................
malaccense.
Mammee apple...... Mammea americana.. Fruit. .....................
Peach palm........ Bactris gasipaes.. Fruit. .....................
Piper............. Piper spp......... Fruit. .....................
Pulasan........... Nephelium Fruit. .....................
ramboutan-ake.
Rambutan.......... Nephelium Fruit. .....................
lappaceum.
Rose apple........ Syzygium jambos... Fruit. .....................
Santol............ Sandoricum Fruit. .....................
koetjape.
Sapote............ Pouteria sapota... Fruit. .....................
Soursop........... Annona muricata... Fruit............. (b)(3)
Sugar apple....... Annona squamosa... Fruit............. (b)(3)
Guatemala.................... Artichoke, globe.. Cynara scolymus... Immature flower .....................
head.
Basil............. Ocimum spp........ Above ground .....................
parts.
Dill.............. Anethum Above ground .....................
graveonlens. parts.
Eggplant.......... Solanum melongena. Fruit. .....................
[[Page 70458]]
Fennel............ Foeniculum vulgare Leaf and stem..... (b)(2)(i)
German............ Matricaria Flower and leaf... (b)(2)(i)
chamomile
chamomilla and
Matricaria
recutita.
Jicama............ Pachyrhizus Root. .....................
tuberosus or P.
erosus.
Loroco............ Fernaldia spp..... Flower and leaf. .....................
Mint.............. Mentha spp........ Above ground .....................
parts.
Oregano........... Origanum spp...... Leaf and stem. .....................
Papaya............ Carica papaya..... Fruit............. (b)(1)(i),
(b)(2)(iii)
Rambutan.......... Nephelium Fruit............. (b)(2)(i),
lappaceum. (b)(5)(iii)
Rhubarb........... Rheum rhabarbarum. Above ground .....................
parts.
Rosemary.......... Rosmarinus Leaf and stem..... (b)(2)(i)
officinalis.
Tarragon.......... Artemisia Above ground .....................
dracunculus. parts.
Waterlily or lotus Nelumbo nucifera.. Roots without soil (b)(2)(i)
Haiti........................ Jackfruit......... Artocarpus Fruit. .....................
heterophyllus.
Honduras..................... Banana............ Musa spp.......... Flower. .....................
Basil............. Ocimum basilicum.. Leaf and stem..... (b)(2)(i), (b)(5)(iv)
Chicory........... Cichorium spp..... Leaf and stem. .....................
Cilantro.......... Coriandrum sativum Above ground .....................
parts.
Cole and mustard Brassica spp...... Whole plant of .....................
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
German chamomile.. Matricaria Flower and leaf... (b)(2)(i)
recutita and
Matricaria
chamomilla.
Loroco............ Fernaldia spp..... Flower and leaf .....................
Oregano or sweet Origanum spp...... Leaf and stem..... (b)(2)(i)
marjoram.
Radish............ Raphanus sativus.. Root. .....................
Rambutan.......... Nephelium Fruit............. (b)(2)(i),
lappaceum. (b)(5)(iii)
Waterlily or lotus Nelumbo nucifera.. Roots without soil (b)(2)(i)
Yam-bean or Jicama Pachyrhizus spp... Roots without soil (b)(2)(i)
root.
Indonesia.................... Dasheen........... Colocasia spp., Tuber............. (b)(2)(iv)
Alocasia spp.,
and Xanthosoma
spp..
Onion............. Allium cepa....... Bulb. .....................
Shallot........... Allium ascalonicum Bulb. .....................
Israel....................... Arugula........... Eruca sativa...... Leaf and stem. .....................
Chives............ Allium Leaf. .....................
schoenoprasum.
Dill.............. Anethum graveolens Above ground .....................
parts.
Mint.............. Mentha spp........ Above ground .....................
parts.
Parsley........... Petroselinum Above ground .....................
crispum. parts.
Watercress........ Nasturtium Leaf and stem. .....................
officinale.
Jamaica...................... Fenugreek......... Tirgonella foenum- Leaf, stem, root. .....................
graceum.
Jackfruit......... Artocarpus Fruit.
heterophyllus.
Ivy gourd......... Coccinia grandis.. Fruit.
Pak choi.......... Brassica chinensis Leaf and stem.
Pointed gourd..... Trichosanthes Fruit.
dioica.
Japan........................ Bamboo............ Bambuseae spp..... Edible shoot, free
of leaves and
roots.
Mioga ginger...... Zingiber mioga.... Above ground
parts.
Mung bean......... Vigna radiata..... Seed sprout.
Soybean........... Glycine max....... Seed sprout.
Liberia...................... Jute.............. Corchorus Leaf.
Potato............ capsularis. Leaf..............
Solanum tuberosum.
[[Page 70459]]
Mexico....................... Allium............ Allium spp........ Whole plant. .....................
Anise............. Pimpinella anisum. Leaf and stem..... .....................
Apple............. Malus domestica... Fruit............. (b)(1)(iii)
Apricot........... Prunus armeniaca.. Fruit............. (b)(1)(iii)
Arugula........... Eruca sativa...... Leaf and stem.....
Asparagus......... Asparagus Whole plant.......
Banana............ officinalis. Flower and fruit..
Bay leaf.......... Musa spp.......... Leaf and stem.....
Beet.............. Laurus nobilis.... Whole plant.......
Blueberry......... Beta vulgaris..... Fruit.............
Carrot............ Vaccinium spp..... Whole plant.......
Coconut........... Daucus carota..... Fruit without
Cocos nucifera.... husk..
Fruit with milk (b)(5)(v)
and husk..
Cucurbits......... Cucurbitaceae..... Inflorescence,
flower, and
fruit.
Eggplant.......... Solanum melongena. Whole plant.
Fig............... Ficus carica...... Fruit............. (b)(1)(iii),
(b)(2)(i)
Grape............. Vitis spp......... Fruit, cluster,
and leaf
Grapefruit........ Citrus paradisi... Fruit............. (b)(1)(iii)
Jicama............ Pachyrhizus Whole plant.
tuberosus.
Lambsquarters..... Chenopodium spp... Above ground
parts.
Lemon............. Citrus limon...... Fruit.
Lime, sour........ Citrus Fruit.
aurantiifolia.
Mango............. Mangifera indica.. Fruit............. (b)(1)(iii)
Orange............ Citrus sinensis... Fruit............. (b)(1)(iii)
Parsley........... Petroselinum Whole plant.
crispum.
Peach............. Prunus persica.... Fruit............. (b)(1)(iii)
Persimmon......... Diospyros spp..... Fruit............. (b)(1)(iii)
Pineapple......... Ananas comosus.... Fruit.
Pitaya............ Hylocereus spp.... Fruit............. (b)(1)(iv), (b)(2)(i)
Piper............. Piper spp......... Leaf and stem.
Pomegranate....... Punica granatum... Fruit............. (b)(1)(iii)
Porophyllum....... Porophyllum spp... Above ground
parts.
Prickly-pear pad.. Opuntia spp....... Pad.
Radish............ Raphanus sativus.. Whole plant.
Rambutan.......... Nephelium Fruit............. (b)(2)(i),
lappaceum. (b)(5)(iii)
Rosemary.......... Rosmarinus Above ground
officinalis. parts.
Salicornia........ Salicornia spp.... Above ground
parts.
Tangerine......... Citrus reticulata. Fruit............. (b)(1)(iii)
Tepeguaje......... Leucaena spp...... Fruit.
Thyme............. Thymus vulgaris... Above ground
parts.
Tomato............ Lycopersicon Whole plant.
lycopersicum.
Tuna.............. Opuntia spp....... Fruit.
Morocco...................... Strawberry........ Fragaria spp...... Fruit.
Morocco and Western Sahara... Tomato............ Lycopersicon Fruit............. (b)(4)(ii)
esculentum.
Netherlands.................. Leek.............. Allium spp........ Whole plant....... (b)(5)(i)
Radish............ Raphanus sativus.. Root..............
New Zealand.................. Avocado........... Persea americana.. Fruit.
Fig............... Ficus carica...... Fruit.............
Oca............... Oxalis tuberosa... Tuber.............
Nicaragua.................... Cilantro.......... Coriandrum sativum Above ground
parts.
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related
varieties..
Eggplant.......... Solanum melongena. Fruit............. (b)(3)
Fennel............ Foeniculum vulgare Leaf and stem..... (b)(2)(i)
German chamomile.. Matricaria Flower and leaf... (b)(2)(i)
recutita and M.
chamomilla.
Loroco............ Fernaldia spp..... Leaf and stem. .....................
Mint.............. Mentha spp........ Above ground .....................
parts.
Parsley........... Petoselinum Above ground .....................
crispum. parts.
Radicchio......... Cichorium spp..... Above ground .....................
parts.
Rambutan.......... Nephelium Fruit............. (b)(2)(i),
lappaceum. (b)(5)(iii)
Rosemary.......... Rosmarinus Above ground parts .....................
officinalla.
Waterlily or lotus Nelumbo nucifera.. Roots without soil (b)(2)(i)
[[Page 70460]]
Yam-bean or Jicama Pachyrhizus spp... Roots without soil (b)(2)(i)
root.
Panama....................... Basil............. Ocimum spp........ Above ground .....................
parts.
Bean, green and Phaseolus vulgaris Seed. .....................
lima. and P. lunatus.
Belgian endive.... Cichorium spp..... Above ground .....................
parts.
Chervil........... Anthriscus Above ground .....................
cerefolium. parts.
Chicory........... Cichorium spp..... Above ground .....................
parts.
Eggplant.......... Solanum melongena. Fruit. .....................
Endive............ Cichorium spp..... Above ground .....................
parts.
Fenugreek......... Tirgonella foenum- Leaf and stem. .....................
graceum.
Lemon thyme....... Thymus citriodorus Leaf and stem. .....................
Mint.............. Mentha spp........ Above ground .....................
parts.
Oregano........... Origanum spp...... Above ground .....................
parts.
Rambutan.......... Nephelium Fruit............. (b)(2)(i),
lappaceum. (b)(5)(iii)
Rosemary.......... Rosmarinus Above ground .....................
officinalis. parts.
Tarragon.......... Artemisia Above ground .....................
dracunculus. parts.
Peru......................... Argula............ Eruca sativa...... Leaf and stem. .....................
Basil............. Ocimum spp........ Leaf and stem. .....................
Carrot............ Daucus carota..... Root. .....................
Chervil........... Anthriscus spp.... Leaf and stem. .....................
Cole and mustard Brassica spp...... Whole plant of .....................
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related
varieties..
Cornsalad......... Valerianella spp.. Whole plant. .....................
Dill.............. Anethum graveolens Above ground .....................
parts.
Lambsquarters..... Chenopodium album. Above ground .....................
parts.
Lemongrass........ Cymbopogon spp.... Leaf and stem. .....................
Marijoram......... Origanum spp...... Above ground .....................
parts.
Mustard greens.... Brassica juncea... Leaf. .....................
Oregano........... Origanum spp...... Leaf and stem. .....................
Parsley........... Petroselinum Leaf and stem. .....................
crispum.
Radicchio......... Cichorium spp..... Leaf. .....................
Swiss chard....... Beta vulgaris..... Leaf and stem. .....................
Thyme............. Thymus vulgaris... Above ground .....................
parts.
Philippines.................. Jicama............ Pachyrhizus Root. .....................
tuberosus or P.
erosus.
Poland....................... Pepper............ Capsicum spp...... Fruit. .....................
Tomato............ Lycopersicon Fruit. .....................
esculentum.
Republic of Korea............ Angelica.......... Aralia elata...... Edible shoot. .....................
Aster greens...... Aster scaber...... Leaf and stem. .....................
Bonnet bellflower. Codonopsis Root. .....................
lanceolata.
Chard............. Beta vulgaris Leaf. .....................
subsp. cicla.
Chinese bellflower Platycodon Root. .....................
grandiflorum.
Dasheen........... Colocasia spp., Root.............. (b)(2)(iv)
Alocasia spp.,
and Xanthosoma
spp.
Eggplant.......... Solanum melongena. Fruit. .....................
Kiwi.............. Actinidia Fruit. .....................
deliciosa.
Lettuce........... Lactuca sativa.... Leaf. .....................
Mugwort........... Artemisia vulgaris Leaf and stem. .....................
Onion............. Allium cepa....... Bulb
Shepherd's pursue. Capsell bursa..... Leaf and stem.....
Strawberry........ Fragaria spp...... Leaf and stem.
Watercress........ Nasturtium Leaf and stem.....
Youngia greens.... official. Leaf, stem, and
Youngia root..
sonchifolia.
Sierra Leone................. Cassava........... Manihot esculenta. Leaf.
Jute.............. Corchorus Leaf..............
Potato............ capsularis. Leaf..............
Solanum tuberosum.
St. Vincent and the Turmeric.......... Curcuma longa..... Rhizome.
Grenadines.
South Africa................. Artichoke, globe.. Cynara scolymus... Immature flower
head.
Pineapple......... Ananas spp........ Fruit.
Spain........................ Eggplant.......... Solanum melongena. Fruit............. (b)(3)
Tomato............ Lycopersicon Fruit............. (b)(4)(ii)
escyulentum.
Watermelon........ Citrullus lanatus. Fruit............. (b)(3)
[[Page 70461]]
Suriname..................... Amaranth.......... Amaranthus spp.... Leaf and stem.
Black palm nut.... Astrocaryum spp... Fruit.............
Jessamine......... Cestrum latifolium Leaf and stem.....
Malabar spinach... Bassella alba..... Leaf and stem.....
Mung bean......... Vigna radiata..... Seed sprout.......
Pak choi.......... Brassica chinensis Leaf and stem.....
Sweden....................... Dill.............. Astrocaryum Above ground
graveolens. parts.
Taiwan....................... Bamboo............ Bambuseae spp..... Edible shoot, free
of leaves and
roots.
Burdock........... Arctium lappa..... Root.
Wasabi (Japanese Wasabia japonica.. Root and stem.....
horseradich).
Thailand..................... Dasheen........... Alocasia spp., Leaf and stem.
Colocaisa spp.,
and Xanthosoma
spp..
Tumeric........... Curcuma domestica. Leaf and stem.
Tonga........................ Burdock........... Arctium lappa..... Root, stem, and
leaf.
Jicama............ Pachyrhizus Root.
tuberosus.
Pumpkin........... Cucurbita maxima.. Fruit.
Trinidad and Tobago.......... Lemongrass........ Cymbopogon Leaf and stem.
citratus.
Leren............. Calathea allouia.. Tuber.
Shield leaf....... Cecropia peltata.. Leaf and stem.
Zambia....................... Snow pea.......... Pisum sativum spp. Flat, immature
sativum. pod.
----------------------------------------------------------------------------------------------------------------
(b) Additional restrictions for applicable fruits and vegetables as
specified in paragraph (a) of this section.
(1) Free areas.
(i) The commodity must be from a Medfly-free area listed in Sec.
319.56-2(j) and must be accompanied by a phytosanitary certificate
issued by the national plant protection organization (NPPO) of the
country of origin with an additional declaration stating that the
commodity originated in a Medfly-free area.
(ii) The commodity must be from a Medfly-free area listed in Sec.
319.56-2(j) and must be accompanied by a phytosanitary certificate
issued by the NPPO of the country of origin with an additional
declaration stating that the commodity originated in a free area. Fruit
from outside Medfly-free areas must be treated in accordance with Sec.
319.56-2x of this subpart.
(iii) The commodity must be from a fruit-fly free area listed in
Sec. 319.56-2(h) and must be accompanied by a phytosanitary
certificate issued by the NPPO of the country of origin with an
additional declaration stating that the commodity originated in a free
area.
(iv) The commodity must be from a fruit-fly free area listed in
Sec. 319.56-2(h) and must be accompanied by a phytosanitary
certificate issued by the NPPO of the country of origin with an
additional declaration stating: ``These regulated articles originated
in an area free from pests as designated in 7 CFR 319.56-2(h) and, upon
inspection, were found free of Dymicoccus neobrevipes and Planococcus
minor.''
(2) Restricted importation and distribution.
(i) Prohibited entry into Puerto Rico, Virgin Islands, Hawaii, and
Guam. Cartons in which commodity is packed must be stamped ``Not for
importation into or distribution within PR, VI, HI, or Guam.''
(ii) Prohibited entry into Puerto Rico, Virgin Islands, and Guam.
Cartons in which commodity is packed must be stamped ``Not for
importation into or distribution within PR, VI, or Guam.''
(iii) Prohibited entry into Hawaii. Cartons in which commodity is
packed must be stamped ``Not for importation into or distribution
within HI.''
(iv) Prohibited entry into Guam. Cartons in which commodity is
packed must be stamped ``Not for importation into or distribution
within Guam.''
(3) Commercial shipments only.
(4) Stage of fruit.
(i) The bananas must be green at the time of export. Inspectors at
the port of arrival will determine that the bananas were green at the
time of export if: (1) Bananas shipped by air are still green upon
arrival in the United States; and (2) bananas shipped by sea are either
still green upon arrival in the United States or yellow but firm.
(ii) The tomatoes must be green upon arrival in the United States.
Pink or red fruit may only be imported in accordance with Sec. 319.56-
2dd of this subpart.
(5) Other conditions.
(i) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the commodity is apparently free of Acrolepiopsis
assectella.
(ii) Entry permitted only from September 15 to May 31, inclusive,
to prevent the introduction of a complex of exotic pests including, but
not limited to a thrips (Haplothrips chinensis) and a leafroller (Capua
tortrix).
(iii) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the fruit is free from Coccus moestus, C. viridis,
Dysmicoccus neobrevipes, Planococcus lilacinus, P. minor, and
Psedococcus landoi; and all damaged fruit was removed from the shipment
prior to export under the supervision of the NPPO.
(iv) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the fruit is free from Planococcus minor.
(v) Must be accompanied by a phytosanitary certificate issued by
the national plant protection organization of the country of origin
with an additional declaration stating that the fruit is of the Malayan
dwarf variety or Maypan variety (=F1 hybrid, Malayan
DwarfxPanama Tall) (which are resistant to lethal yellowing disease)
based on verification of the parent stock. (Approved by the Office of
Management and Budget under control number 0579-0049)
4. Sections 319.56-2y and 319.56-2aa would be revised and a new
Sec. 319.56-2ll would be added to read as follows:
[[Page 70462]]
Sec. 319.56-2y Conditions governing the entry of melon and watermelon
from certain countries in South America.
(a) Cantaloupe and watermelon from Ecuador. Cantaloupe (Cucumis
melo) and watermelon (fruit) (Citrullus lanatus) may be imported into
the United States from Ecuador only in accordance with this paragraph
and all other applicable requirements of this subpart:
(1) The cantaloupe or watermelon may be imported in commercial
shipments only.
(2) The cantaloupe or watermelon must have been grown in an area
where trapping for the South American cucurbit fly (Anastrepha grandis)
has been conducted for at least the previous 12 months by the national
plant protection organization (NPPO) of Ecuador, under the direction of
APHIS, with no findings of the pest.\7\
---------------------------------------------------------------------------
\7\ Information on the trapping program may be obtained by
writing to the Animal and Plant Health Inspection Service,
International Services, Stop 3432, 1400 Independence Avenue SW.,
Washington, DC 20250-3432.
---------------------------------------------------------------------------
(3) The following area meets the requirements of paragraph (a)(2)
of this section: The area within 5 kilometers of either side of the
following roads:
(i) Beginning in Guayaquil, the road north through Nobol,
Palestina, and Balzar to Velasco-Ibarra (Empalme);
(ii) Beginning in Guayaquil, the road south through E1 26, Puerto
Inca, Naranjal, and Camilo Ponce to Enriquez;
(iii) Beginning in Guayaquil, the road east through Palestina to
Vinces;
(iv) Beginning in Guayaquil, the road west through Piedrahita
(Novol) to Pedro Carbo; or
(v) Beginning in Guayaquil, the road west through Progreso,
Engunga, Tugaduaja, and Zapotal to El Azucar.
(4) The cantaloupe or watermelon may not be moved into Alabama,
American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii,
Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas,
and the U.S. Virgin Islands. The boxes in which the cantaloupe or
watermelon is packed must be stamped with the name of the commodity
followed by the words ``Not to be distributed in the following States
or territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA, MS, NM, PR, SC, TX,
VI''.
(b) Cantaloupe, honeydew melons, and watermelon from Brazil.
Cantaloupe, honeydew melons, and watermelon may be imported into the
United States from Brazil only in accordance with this paragraph and
all other applicable requirements of this subpart:
(1) The cantaloupe, honeydew melons, or watermelon must have been
grown in the area of Brazil considered by APHIS to be free of the South
American cucurbit fly in accordance with Sec. 319.56-2(e)(4) of this
subpart.
(i) The following area in Brazil is considered free of the South
American cucurbit fly: That portion of Brazil bounded on the north by
the Atlantic Ocean; on the east by the River Assu (Acu) from the
Atlantic Ocean to the city of Assu; on the south by Highway BR 304 from
the city of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro
to the Ceara State line; and on the west by the Ceara State line to the
Atlantic Ocean.
(ii) All shipments of cantaloupe, honeydew melons, and watermelon
must be accompanied by a phytosanitary certificate issued by the NPPO
of Brazil that includes a declaration indicating that the fruit was
grown in an area recognized to be free of the South American cucurbit
fly.
(2) The cantaloupe, honeydew melons, and watermelon must be packed
in an enclosed container or vehicle, or must be covered by a pest-proof
screen or plastic tarpaulin while in transit to the United States.
(3) All shipments of cantaloupe, honeydew melons, and watermelon
must be labeled in accordance with Sec. 319.56-2(g) of this subpart.
(c) Cantaloupe, honeydew melons, and watermelon from Venezuela.
Cantaloupe, honeydew melons, and watermelon may be imported into the
United States from Venezuela only in accordance with this paragraph and
all other applicable requirements of this subpart:
(1) The cantaloupe, honeydew melons, or watermelon must have been
grown in the area of Venezuela considered by APHIS to be free of the
South American cucurbit fly in accordance with Sec. 319.56-2(e)(4) of
this subpart.
(i) The following area in Venezuela is considered free of the South
American cucurbit fly: The Paraguana Peninsula, located in the State of
Falcon, bounded on the north and east by the Caribbean Ocean, on the
south by the Gulf of Coro and an imaginary line dividing the autonomous
districts of Falcon and Miranda, and on the west by the Gulf of
Venezuela.
(ii) All shipments of cantaloupe, honeydew melons, and watermelon
must be accompanied by a phytosanitary certificate issued by the NPPO
of Venezuela that includes a declaration indicating that the fruit was
grown in an area recognized to be free of the South American cucurbit
fly.
(2) The cantaloupe, honeydew melons, and watermelon must be packed
in an enclosed container or vehicle, or must be covered by a pest-proof
screen or plastic tarpaulin while in transit to the United States.
(3) All shipments of cantaloupe, honeydew melons, and watermelon
must be labeled in accordance with Sec. 319.56-2(g) of this subpart.
(d) Cantaloupe, netted melon, vegetable melon, winter melon, and
watermelon from Peru. Cantaloupe, netted melon, vegetable melon, and
winter melon (Cucumis melo L. subsp. melo); and watermelon may be
imported into the United States from Peru only in accordance with this
paragraph and all other applicable requirements of this subpart:
(1) The fruit may be imported in commercial shipments only.
(2) The fruit must have been grown in the area of Peru considered
by APHIS to be free of the South American cucurbit fly in accordance
with Sec. 319.56-2(e)(4) of this subpart.
(i) The Departments of Lima, Ica, Arequipa, Moquegua, and Tacna in
Peru are considered free of the South American cucurbit fly.
(ii) All shipments must be accompanied by a phytosanitary
certificate issued by the NPPO of Peru that includes a declaration
indicating that the fruit was grown in an area recognized to be free of
the South American cucurbit fly, and upon inspection, were found free
of the gray pineapple mealybug (Dymicoccus neobrevipes).
(3) The fruit must be packed in an enclosed container or vehicle,
or must be covered by a pest-proof screen or plastic tarpaulin while in
transit to the United States.
(4) All shipments of fruit must be labeled in accordance with Sec.
319.56-2(g) of this subpart, and the boxes in which the fruit is packed
must be labeled ``Not for distribution in HI, PR, VI, or Guam.''
* * * * *
Sec. 319.56-2aa Conditions governing the entry of watermelon, squash,
cucumber, and oriental melon from the Republic of Korea.
Watermelon (Citrullus lanatus), squash (Curcurbita maxima),
cucumber (Cucumis sativus), and oriental melon (Cucumis melo) may be
imported into the United States from the Republic of Korea only in
accordance with this paragraph and all other applicable requirements of
this subpart:
(a) The fruit must be grown in pest-proof greenhouses registered
with the
[[Page 70463]]
Republic of Korea's national plant protection organization (NPPO).
(b) The NPPO must inspect and regularly monitor greenhouses for
plant pests. The NPPO must inspect greenhouses and plants, including
fruit, at intervals of no more than 2 weeks, from the time of fruit set
until the end of harvest.
(c) The NPPO must set and maintain fruit fly traps in greenhouses
from October 1 to April 30. The number of traps must be set as follows:
Two traps for greenhouses smaller than 0.2 hectare in size; three traps
for greenhouses 0.2 to 0.5 hectare; four traps for greenhouses over 0.5
hectare and up to 1.0 hectare; and for greenhouses greater than 1
hectare, traps must be placed at a rate of four traps per hectare.
(d) The NPPO must check all traps once every 2 weeks. If a single
pumpkin fruit fly is captured, that greenhouse will lose its
registration until trapping shows that the infestation has been
eradicated.
(e) The fruit may be shipped only from December 1 through April 30.
(f) Each shipment must be accompanied by a phytosanitary
certificate issued by NPPO, with the following additional declaration:
``The regulated articles in this shipment were grown in registered
greenhouses as specified by 7 CFR 319.56-2aa.''
(g) Each shipment must be protected from pest infestation from
harvest until export. Newly harvested fruit must be covered with
insect-proof mesh or a plastic tarpaulin while moving to the
packinghouse and awaiting packing. Fruit must be packed within 24 hours
of harvesting, in an enclosed container or vehicle or in insect-proof
cartons or cartons covered with insect-proof mesh or plastic tarpaulin,
and then placed in containers for shipment. These safeguards must be
intact when the shipment arrives at the port in the United States.
* * * * *
Sec. 319.56-2ll Conditions governing the entry of grapes from the
Republic of Korea.
Grapes (Vitis spp.) may be imported into the United States from the
Republic of Korea under the following conditions:
(a) The fields where the grapes are grown must be inspected during
the growing season by the Republic of Korea's national plant protection
organization (NPPO). The NPPO will inspect 250 grapevines per hectare,
inspecting leaves, stems, and fruit of the vines.
(b) If evidence of Conogethes punctiferalis, Eupoecilia ambiguella,
Sparganothis pilleriana, Stathmopoda auriferella, or Monilinia
fructigena is detected during inspection, the field will immediately be
rejected, and exports from that field will be canceled until visual
inspection of the vines shows that the infestation has been eradicated.
(c) Fruit must be bagged from the time the fruit sets until
harvest.
(d) Each shipment must be inspected by the NPPO before export. For
each shipment, the NPPO must issue a phytosanitary certificate with an
additional declaration stating that the fruit in the shipment was found
free from C. punctiferalis, E. ambiguella, S. pilleriana, S.
auriferella, or M. fructigena, and Nippoptilia vitis.
Done in Washington, DC, this 11th day of December, 2003.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-31202 Filed 12-17-03; 8:45 am]
BILLING CODE 3410-34-P