[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]

[Page 153-154]
 
                          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  Notice of quarantine.

                               Quarantine


    (a) Pursuant to section 8 of the Plant Quarantine Act of August 20, 
1912, as amended (7 U.S.C. 161), and after public hearing, it has been 
determined that it is necessary to quarantine Hawaii to prevent the 
spread of dangerous plant diseases and insect infestations, including 
the Mediterranean fruit fly (Ceratitis capitata (Wied.)), the melon fly 
(Dacus cucurbitae Coq.), the oriental fruit fly (Dacus dorsalis Hendl.), 
green coffee scale (Coccus viridis (Green)), the bean pod borer (Maruca 
testulalis (Geyer)), the bean butterfly (Lampides boeticus (L.)), the 
Asiatic rice borer (Chilo suppressalis), the mango weevil (Sternochetus 
mangiferae (F.)), the Chinese rose beetle (Adoretus sinicus Burm.), and 
a cactus borer (Cactoblastis cactorum (Berg.)), which are new to or not 
widely prevalent or distributed within and throughout the United States, 
and Hawaii is therefore quarantined.
    (b) No fruits or vegetables, in the raw or unprocessed state; cut 
flowers; rice straw; mango seeds; or cactus plants or parts thereof 
shall be shipped, offered for shipment to a common carrier, received for 
transportation or transported by a common carrier, or carried, 
transported, moved, or allowed to be moved by any person from Hawaii 
into or through the continental United States, Guam, Puerto Rico, or the 
Virgin Islands of the United States, in manner or method or under 
conditions other than those prescribed in the regulations hereinafter 
made or amendments thereto: Provided, That whenever the Administrator of 
the Animal and Plant Health Inspection Service shall find that existing 
conditions as to the pest risk involved in the movement of any of the 
articles to which the regulations supplemental hereto apply, make it 
safe to modify, by making less stringent, the restrictions contained in 
any of such regulations, he shall publish such finding in administrative 
instructions specifying the manner in which the restrictions shall be 
made less stringent, whereupon such modification shall become effective; 
or he may, when the public interest will permit, with respect to the 
movement of any of such articles to Guam, upon request in specific cases 
and notification to the person making the request, authorize their 
certification under conditions, specified in the certificate to carry 
out the purposes of this subpart, that are less stringent than those 
contained in the regulations: And provided, further, That no 
restrictions are placed hereby on the movement of cactus plants from 
Hawaii to St. Croix, Virgin Islands of the United States, or on the 
movement of coconuts from Hawaii into or through the continental United 
States, Guam, Puerto Rico, or the Virgin Islands of the United States.
    (c) This subpart leaves in full force and effect Sec. 318.30 which 
restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands 
of the United States into or through any other State or certain 
Territories or Districts of the United States of all varieties of 
sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and 
effect Sec. 318.60 which restricts the movement from Hawaii, Puerto 
Rico, or the Virgin Islands of the United States into or through any 
other State or certain

[[Page 154]]

Territories or Districts of the United States of sand, soil, or earth 
about the roots of plants.
    (d) Regulations governing the movement of live plant pests 
designated in this section are contained in part 330 of this chapter.

[28 FR 13280, Dec. 7, 1963, as amended at 33 FR 14621, Oct. 1, 1968; 36 
FR 24917, Dec. 24, 1971; 55 FR 38979, Sept. 24, 1990]