[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: 7CFR318.58-4a]

[Page 182]
 
                          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--Fruits and Vegetables From Puerto Rico or Virgin Islands
 
Sec. 318.58-4a  Administrative instructions authorizing the movement from Puerto Rico of frozen fruits and vegetables.

    (a) The type of treatment designated in this subpart 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 Deputy Administrator of the Plant Protection and Quarantine 
Programs is satisfied that the movement of all fruits and vegetables 
specified in Sec. 318.58-2, when frozen, will not result in the 
dissemination of injurious insects. Accordingly, pursuant to the 
authority contained in the proviso of Sec. 318.58-2, all fruits and 
vegetables specified therein, when frozen, are hereby removed from a 
prohibited status and are included in the list for which movement from 
Puerto Rico into or through any other State, Territory, or District is 
authorized in Sec. 318.58-3. Freezing is hereby prescribed as an 
approved treatment meeting the treatment requirements for the movement 
of fruits and vegetables specified in Sec. 318.58-3. \1\
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    \1\ Further information concerning the movement of frozen fruits and 
vegetables from Puerto Rico may be obtained from the Plant Protection 
and Quarantine Programs, Room 4, Post Office Bldg., P.O. Box 3386, San 
Juan, PR 00901.
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    (c) The inspector in Puerto Rico 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 Puerto Rico.
    (d) The movement from Puerto Rico of frozen fruits and vegetables is 
not authorized when such fruits and vegetables are subject to attack, in 
the area of origin, by plant pests that may not, in the judgment of the 
Deputy Administrator of the Plant Protection and Quarantine Programs, be 
destroyed by freezing.
    (e) Freezing of fruits and vegetables as authorized in these 
instructions 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 these instructions.

[24 FR 10777, Dec. 29, 1959. Redesignated at 54 FR 3581, Jan. 25, 1989]