[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: 7CFR318.30] [Page 174-175] 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--Sweetpotatoes Sec. 318.30 Notice of quarantine. (a) The Administrator of the Animal and Plant Health Inspection Service has determined that it is necessary to quarantine Hawaii and Puerto Rico to prevent the spread to other parts of the United States of the sweetpotato scarabee (Euscepes postfasciatus Fairm.), and the sweetpotato stem borer (Omphisa anastomosalis Guen.), dangerous insect infestations new to and not widely prevalent or distributed within or throughout the United States, and that it is necessary also to quarantine the Virgin Islands of the United States to prevent the spread to other parts of the United States of the sweetpotato scarabee. (b) Under the authority conferred by section 8 of the Plant Quarantine Act of August 20, 1912, as amended (7 U.S.C. 161), and after public hearing as required thereunder, the Administrator of the Animal and Plant Health Inspection Service therefore has quarantined Hawaii, Puerto Rico, and the Virgin Islands of the United States to prevent the spread of the sweetpotato scarabee (Euscepes postfasciatus Fairm.) and the sweetpotato stem borer (Omphisa anastomosalis Guen.). (c) No variety of sweetpotatoes (Ipomoea batatas Poir.) 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, Puerto Rico, or the Virgin Islands of the United States into or through any other State, Territory, or District of the United States: Provided, That the prohibitions of this section shall not prohibit the movement of sweetpotatoes in either direction between Puerto Rico and the Virgin Islands of the United States; nor prohibit the movement of sweetpotatoes by the U.S. Department of Agriculture for scientific or experimental purposes; nor prohibit the movement from Puerto Rico or the Virgin Islands of the United States of sweetpotatoes which the Deputy Administrator of the Plant Protection and Quarantine Programs may authorize under permit or certificate to such northern ports of the United States as he may designate in such permit or certificate, conditioned upon the fumigation of such sweetpotatoes under the supervision of an inspector of said Programs either in Puerto Rico or the Virgin Islands of the United States or at the designated port of arrival, in a manner approved by the said Deputy Administrator; nor prohibit the movement from Hawaii of sweetpotatoes which the Deputy Administrator of the Plant Protection and Quarantine Programs may authorize under permit or certificate to such ports of the United States as he may designate in such permit or certificate, conditioned upon the fumigation of such sweetpotatoes in Hawaii under the supervision of an inspector of said Programs, in a manner approved by the said Deputy Administrator: Provided, further, That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that facts exist as to pest risk involved in the movement of sweetpotatoes or any classification thereof to which this subpart applies, making it safe to modify, by making less stringent, the requirements contained therein, he shall set forth and publish such finding in administrative instructions specifying the manner in which the subpart should be made less stringent, whereupon such modification shall become effective. (d) As used in this section, the term State, Territory, or District of the United States means ``Guam, Hawaii, Puerto Rico, the Virgin Islands of the United [[Page 175]] States, or the continental United States.'' [24 FR 10777, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972]