[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: 7CFR352.1]

[Page 392-394]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents
 
Sec. 352.1  Definitions.

    (a) This part may be cited by the short title: ``Safeguard 
Regulations.'' This title shall be understood to include both the 
regulations and administrative instructions in this part.
    (b) Words used in the singular form in this part shall be deemed to 
import the plural and vice versa as the case may demand. For purposes of 
this part, unless the context otherwise requires, the following terms 
shall be construed, respectively, to mean:
    (1) Plant Protection and Quarantine Programs. The Plant Protection 
and Quarantine Programs, Animal and

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Plant Health Inspection Service, of the U.S. Department of Agriculture.
    (2) Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, or any officer or employee of the 
Plant Protection and Quarantine Programs to whom authority has 
heretofore been delegated or may hereafter be delegated to act in his 
stead.
    (3) Inspector. A properly identified employee of the U.S. Department 
of Agriculture or other person authorized by the Department to enforce 
the provisions of the Federal Plant Pest Act and the Plant Quarantine 
Act.
    (4) Customs. The Bureau of Customs, U.S. Treasury Department, or, 
with reference to Guam, the Customs Office of the Government of Guam.
    (5) Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company.
    (6) Owner. The owner, or his agent (including the operator of a 
carrier), having responsible custody of a plant, plant product, plant 
pest, soil, or other product or article subject to this part.
    (7) Carrier; means of conveyance. Automobile, truck, animal-drawn 
vehicle, railway car, aircraft, ship, or other means of transportation.
    (8) Ship. Any means of transportation by water.
    (9) Stores and furnishings. Plants and plant products for use on 
board a carrier; e.g. as food or decorative material.
    (10) Plant pest. ``Plant pest'' means any living stage of: Any 
insects, mites, nematodes, slugs, snails, protozoa, or other 
invertebrate animals, bacteria, fungi, other parasitic plants or 
reproductive parts thereof, viruses, or any organisms similar to or 
allied with any of the foregoing, or any infectious substances, which 
can directly or indirectly injure or cause disease or damage in any 
plants or parts thereof, or any processed, manufactured, or other 
products of plants.
    (11) Plants and plant products. Nursery stock, other plants, plant 
parts, roots, bulbs, seeds, fruits, nuts, vegetables, and other plant 
products, and any product constituted, in whole or in part, of plant 
material which has not been so manufactured or processed as to eliminate 
pest risk.
    (12) Soil. The loose surface material of the earth in which plants 
grow, in most cases consisting of disintegrated rock with an admixture 
of organic material and soluble salts.
    (13) Other product or article. Any product or article of any 
character whatsoever (other than plants, plant products, soil, plant 
pests, and means of conveyance), which an inspector considers may be 
infested or infected by or contain a plant pest.
    (14)-(16)  [Reserved]
    (17) Immediate (export, trans-shipment, or transportation and 
exportation). The period which, in the opinion of the inspector, is the 
shortest practicable interval of time between the arrival of an incoming 
carrier and the departure of the outgoing carrier transporting a 
consignment of prohibited or restricted products or articles.
    (18) Safeguard. A procedure for handling, maintaining, or disposing 
of prohibited or restricted products and articles subject to this part 
so as to eliminate the risk of plant pest dissemination which the 
prohibited or restricted products and articles may present.
    (19) Plant Quarantine Act. The act of August 20, 1912, as amended 
(37 Stat. 315, as amended; 7 U.S.C. 151 et seq.).
    (20) The Federal Plant Pest Act. Title I of the Act of May 23, 1957 
(Title I, 71 Stat. 31; 7 U.S.C. 150aa et seq.).
    (21) Brought in for temporary stay where unloading or landing is not 
intended. Brought in by carrier but not intended to be unloaded or 
landed from such carrier. This phrase includes movement (i) departing 
from the United States on the same carrier directly from the point of 
arrival therein; and (ii) transiting a part of the United States before 
departure therefrom, and applies whether movement under Customs 
procedure is as residue cargo or follows some form of Customs entry.
    (22) Unloaded or landed for transshipment and exportation. Brought 
in by carrier and transferred to another carrier for exportation from 
the same port, whether or not some form of Customs entry is made.
    (23) Unloaded or landed for transportation and exportation. Brought 
in by

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carrier and transferred to another carrier for transportation to another 
port for exportation, whether or not some form of Customs entry is made.
    (24)  [Reserved]
    (25) Intended for unloading and entry at a port other than the port 
of first arrival. Brought in by carrier at a port for movement to the 
port of entry under residue cargo procedure of Customs.
    (26) Residue cargo. Shipments authorized by Customs to be 
transported under the Customs bond of the carrier on which the shipments 
arrive, without entry being filed, for direct export from the first port 
of arrival, or to another port for entry or for direct export at that 
port without entry being required.
    (27) Port. Any place designated by the President, Secretary of the 
Treasury, or Congress at which a Customs officer is assigned with 
authority to accept entries of merchandise, to collect duties, and to 
enforce the various provisions of the Customs and Navigation laws in 
force at that place.
    (28) Port of arrival. Any port in the United States at which a 
prohibited or restricted product or article arrives.
    (29) Port of entry. A port at which a specified shipment or means of 
conveyance is accepted for entry or admitted without entry into the 
United States.
    (30) Foreign trade zone. A formally prescribed area containing 
various physical facilities located in or adjacent to ports of entry 
under the jurisdiction of the United States and established, operated, 
and maintained as a foreign trade zone pursuant to the Foreign-Trade 
Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as 
amended, wherein foreign merchandise, as well as domestic merchandise, 
may be deposited for approved purposes. Movement into and from such area 
is subject to applicable customs, plant quarantine, and other Federal 
requirements.
    (31) United States. The States, the District of Columbia, Guam, 
Puerto Rico, and the Virgin Islands of the United States, and the 
territorial waters of the United States adjacent to those land areas.
    (32) Administrative instructions. Published documents set forth in 
this part relating to the enforcement of this part, and issued under 
authority thereof by the Deputy Administrator.

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997]