[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]

[Page 177-178]
 
                          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  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 Puerto Rico and the Virgin 
Islands of the United States to prevent the spread of certain

[[Page 178]]

dangerous insect infestations not heretofore widely prevalent or 
distributed within and throughout the United States, including the fruit 
flies, Anastrepha suspensa (Loew), and A. mombinpraeoptans Sein, and the 
bean pod borer, Maruca testulalis (Geyer), and that it is necessary to 
quarantine the said Virgin Islands to prevent the spread of a cactus 
borer, Cactoblastis cactorum (Berg.), not heretofore widely prevalent or 
distributed within and throughout the United States; and Puerto Rico and 
the said Virgin Islands are therefore quarantined.
    (b) No fruits or vegetables, in the raw or unprocessed state, 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 Puerto 
Rico or the Virgin Islands of the United States into or through Guam, 
Hawaii, or the continental United States, and no 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 
the Virgin Islands of the United States into or through Guam, Puerto 
Rico, or the continental United States; in any manner or method or under 
conditions other than those prescribed in the regulations hereinafter 
made or amendments thereto: Provided, That whenever the Deputy 
Administrator of the Plant Protection and Quarantine Programs 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.
    (c) No restrictions are placed hereby on the movement of fruits or 
vegetables in either direction between Puerto Rico and the Virgin 
Islands of the United States.
    (d) 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 Territories or Districts of the United States of 
sand, soil, or earth about the roots of plants.
    (e) Regulations governing the movement of live plant pests 
designated in this section are contained in part 330 of this chapter.

[28 FR 13281, Dec. 7, 1963, as amended at 30 FR 748, Jan. 23, 1965]

                          Rules and Regulations