[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: 7CFR340.0]

[Page 372-373]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
 PART 340--INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE PLANT PESTS--Table of Contents
 
Sec. 340.0  Restrictions on the introduction of regulated articles.

    (a) No person shall introduce any regulated article unless the 
Administrator is:
    (1) Notified of the introduction in accordance with Sec. 340.3, or 
such introduction is authorized by permit in accordance with Sec. 340.4, 
or such introduction is conditionally exempt from permit requirements 
under Sec. 340.2(b); and

[[Page 373]]

    (2) Such introduction is in conformity with all other applicable 
restrictions in this part.\1\
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    \1\ Part 340 regulates, among other things, the introduction of 
organisms and products altered or produced through genetic engineering 
which are plant pests or which there is reason to believe are plant 
pests. The introduction into the United States of such articles may be 
subject to other regulations promulgated under the Federal Plant Pest 
Act (7 U.S.C. 150aa et seq.), the Plant Quarantine Act (7 U.S.C. 151 et 
seq.) and the Federal Noxious Weed Act (7 U.S.C. 2801 et seq.) and found 
in 7 CFR parts 319, 321, 330, and 360. For example under regulations 
promulgated in 7 CFR ``Subpart-Nursery Stock'' (7 CFR 319.37) a permit 
is required for the importation of certain classes of nursery stock 
whether genetically engineered or not. Thus, a person should consult 
those regulations prior to the importation of any nursery stock.
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    (b) Any regulated article introduced not in compliance with the 
requirements of this part shall be subject to the immediate application 
of such remedial measures or safeguards as an inspector determines 
necessary to prevent the introduction of such plant pests.\2\
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    \2\ Pursuant to section 105 of the Federal Plant Pest Act (7 U.S.C. 
150dd) the Secretary of Agriculture is authorized to order prompt 
removal from the United States or to seize, quarantine, treat, apply 
other remedial measures to, destroy, or otherwise dispose of, in such 
manner as the Secretary deems appropriate, certain regulated articles 
which are believed to be infested or infected by or contain a plant 
pest.

[52 FR 22908, June 16, 1987, as amended at 58 FR 17056, Mar. 31, 1993; 
62 FR 23956, May 2, 1997]