[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: 7CFR318.13-4a]

[Page 158-159]
 
                          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. 318.13-4a  Administrative instructions authorizing the movement from Hawaii of frozen fruits and vegetables.

    (a) The type of treatment designated in this part as freezing shall 
be one of the commercially acceptable methods that involves initial 
freezing at subzero temperatures and subsequent storage at not higher 
than 0 deg. F., with a storage tolerance of plus 20 deg. F. Such 
treatments are commonly known as quick freezing, sharp freezing, frozen-
pack, or cold-pack. Any equivalent freezing method is also included in 
this designation.
    (b) The Administrator of the Animal and Plant Health Inspection 
Service, pursuant to the authority contained in Secs. 318.13-2(b) and 
318.13-4(b), hereby approves the process of freezing as a treatment for 
all fruits and vegetables described in Sec. 318.13, except as otherwise 
provided in paragraph (d) of this section. Such frozen fruits and 
vegetables may be certified for movement from Hawaii into or through any 
other Territory, State, or District of the United States. \1\ 
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    \1\ Applications for certificates to move frozen fruits and 
vegetables from Hawaii under this subpart may be made to Plant 
Protection and Quarantine Programs, P.O. Box 9067, Honolulu, Hawaii 
96820.
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    (c) The inspector in Hawaii shall determine that such fruits and 
vegetables are in a satisfactory frozen state before issuing a 
certificate. The inspector on the mainland will release the shipment on 
the basis of the certificate issued in Hawaii.
    (d) The movement from Hawaii of frozen fruits and vegetables is not 
authorized when such fruits and vegetables are subject to attack, in the 
area

[[Page 159]]

of origin, by plant pests that may not, in the judgment of the 
Administrator of the Animal and Plant Health Inspection Service, be 
destroyed by freezing.
    (e) Freezing of fruits and vegetables as authorized in this section 
is considered necessary for the elimination of pest risk, and no 
liability shall attach to the United States Department of Agriculture or 
to any officer or representative of that Department in the event of 
injury resulting to fruits or vegetables offered for movement in 
accordance with the instructions of this section.

[24 FR 10777, Dec. 29, 1959, as amended at 55 FR 38979, Sept. 24, 1990]