[Code of Federal Regulations]
[Title 7, Volume 5, Parts 200 to 399]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR318.13-10]

[Page 167-168]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES--Table of Contents
 
                 Subpart--Hawaiian Fruits and Vegetables
 
Sec. 318.13-10  Inspection of baggage, other personal effects, and cargo.

    (a) Offer for inspection by aircraft passengers. Passengers destined 
for movement by aircraft from Hawaii to the continental United States, 
Puerto Rico, or the Virgin Islands of the United States shall offer 
their carry-on baggage and other personal effects for inspection at the 
place marked for agricultural inspections, which will be located at the 
airport security checkpoint or the aircraft boarding gate, at the time 
they pass through the checkpoint or the gate. Passengers shall offer 
their check-in baggage for inspection at agricultural inspection 
stations prior to submitting their baggage to the check-in baggage 
facility. When an inspector has inspected and passed such baggage or 
personal effects, he or she shall apply a USDA stamp, inspection 
sticker, or other identification to such baggage or personal effects to 
indicate that such baggage or personal effects have been inspected and 
passed as required. Passengers shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a passenger's baggage 
or personal effects discloses an article in violation of the regulations 
in this part, the inspector shall seize the article. The passenger shall 
state his or her name and address to the inspector, and provide the 
inspector with corroborative identification. The inspector shall record 
the name and address of the passenger, the nature of the identification 
presented for corroboration, the nature of the violation, the types of 
articles involved, and the date, time, and place of the violation.
    (b) Offer for inspection by aircraft crew. Aircraft crew members 
destined for movement by aircraft from Hawaii to the continental United 
States, Puerto Rico, or the Virgin Islands of the United States, shall 
offer their baggage and personal effects for inspection at the 
inspection station designated for the employing airline not less than 20 
minutes prior to the scheduled departure time of the aircraft or the 
rescheduled departure time as posted in the public areas of the airport. 
When an inspector has inspected and passed such baggage or personal 
effects, he or she shall apply a USDA stamp, inspection sticker, or 
other identification to the baggage or personal effects to indicate that 
such baggage or personal effects have been inspected and passed as 
required. Aircraft crew members shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a crew member's 
baggage or personal effects discloses an article in violation of the 
regulations in this part, the inspector shall seize the article. The 
crew member shall state his or her name and address to the inspector, 
and provide the inspector with corroborative identification. The 
inspector shall record the name and address of the crew member, the 
nature of the identification presented for corroboration, the nature of 
the violation, the types of articles involved, and the date, time, and 
place of the violation.
    (c) Baggage inspection for persons traveling to Guam on aircraft. No 
person who has moved from Hawaii to Guam on an aircraft shall remove or 
attempt to remove any baggage or other personal effects from the area 
secured for customs inspections before the person has offered to an 
inspector, and has had passed by the inspector, his or her baggage and 
other personal effects. Persons shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a person's baggage or 
personal effects discloses an article in violation of the regulations in 
this part, the inspector shall seize the article. The person shall state 
his or her name and address to the inspector, and provide the inspector 
with corroborative identification. The inspector shall

[[Page 168]]

record the name and address of the person, the nature of the 
identification presented for corroboration, the nature of the violation, 
the types of articles involved, and the date, time, and place of the 
violation.
    (d) Baggage acceptance and loading on aircraft. No person shall 
accept or load any check-in aircraft baggage destined for movement from 
Hawaii to the continental United States, Puerto Rico, or the Virgin 
Islands of the United States, unless a certificate is attached to the 
baggage, or the baggage bears a USDA stamp, inspection sticker, or other 
indication applied by an inspector representing that the baggage has 
been inspected and passed.
    (e) Offer for inspection by persons moving by ship. No person who 
has moved on any ship or other ocean-going craft from Hawaii to the 
continental United States, Puerto Rico, Guam, or the Virgin Islands of 
the United States, shall remove or attempt to remove any baggage or 
other personal effects from the designated inspection area as provided 
in Sec. 318.13-10(h) on or off the ship or other ocean-going craft 
unless the person has offered to an inspector for inspection, and has 
had passed by the inspector, the baggage and other personal effects. 
Persons shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a person's baggage or personal effects discloses 
an article in violation of the regulations in this part, the inspector 
shall seize the article. The person shall state his or her name and 
address to the inspector, and provide the inspector with corroborative 
identification. The inspector shall record the name and address of the 
person, the nature of the identification presented for corroboration, 
the nature of the violation, the types of articles involved, and the 
date, time, and place of the violation.
    (f) Loading of certain cargoes. (1) Except as otherwise provided in 
paragraph (f)(2) of this section, no person shall present to any common 
carrier or contract carrier for movement, and no common carrier or 
contract carrier shall load, any cargo containing fruits, vegetables, or 
other articles regulated under this subpart that are destined for 
movement from Hawaii to the continental United States, Puerto Rico, or 
the Virgin Islands of the United States, unless the cargo has been 
offered for inspection, passed by an inspector, and bears a USDA stamp 
or USDA inspection sticker, or unless a certificate or limited permit is 
attached to the cargo as specified in Sec. 318.13-3(e).
    (2) Cargo designated in paragraph (f)(1) of this section may be 
loaded without a USDA stamp or USDA inspection sticker, and without a 
certificate attached to the cargo or a limited permit attached to the 
cargo if the cargo is moved:
    (i) As containerized cargo on ships or other ocean-going craft or as 
air cargo;
    (ii) The carrier has on file documentary evidence that a valid 
certificate or limited permit was issued for the movement; and
    (iii) A notation of the existence of these documents is made by the 
carrier on the waybill, manifest, or bill of lading that accompanies the 
shipment.
    (3) Cargo moved in accordance with Sec. 318.13-17 of this subpart 
that does not have a limited permit attached to the cargo must have a 
limited permit attached to the waybill, manifest, or bill of lading 
accompanying the shipment.
    (g) Removal of certain cargoes in Guam. No person shall remove or 
attempt to remove from a designated inspection area as provided in 
Sec. 318.13-10(h), on or off the means of conveyance, any cargo moved 
from Hawaii to Guam containing fruits, vegetables, or other articles 
regulated under this subpart, unless the cargo has been inspected and 
passed by an inspector in Guam.
    (h) Space and facilities for baggage inspection. Baggage inspection 
will not be performed until the person in charge or possession of the 
ship, other ocean-going craft, or aircraft provides space and facilities 
on the means of conveyance, pier, or airport that are adequate, in the 
inspector's judgment, for the performance of inspection.

[54 FR 3579, Jan. 25, 1989, as amended at 58 FR 7959, Feb. 11, 1993]