[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301.38-5]

[Page 17-18]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 301--DOMESTIC QUARANTINE NOTICES--Table of Contents
 
                        Subpart--Black Stem Rust
 
Sec. 301.38-5  Assembly and inspection of regulated articles: issuance and cancellation of certificates.

    (a) Any person, other than a person authorized to issue certificates 
under paragraph (c) of this section, who desires to move interstate a 
regulated article that must be accompanied by a certificate under 
Sec. 301.38-4(b), shall, as far in advance of the desired interstate 
movement as possible (and no less than 48 hours before the desired 
interstate movement), request an inspector \5\ to issue a certificate. 
To expedite the issuance of a certificate, an inspector may direct that 
the regulated articles be assembled in a manner that facilitates 
inspection.
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    \5\ Services of an inspector may be requested by contacting a local 
APHIS office (listed in telephone directories under Animal and Plant 
Health Inspection Service (APHIS), Plant Protection and Quarantine). The 
addresses and telephone numbers of local offices may also be obtained by 
writing to the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
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    (b) An inspector may issue a certificate for the interstate movement 
of a regulated article if he or she:
    (1) Determines, upon examination, that the regulated article may be 
moved interstate in accordance with this subpart; and
    (2) Determines that the regulated article may be moved interstate in 
accordance with all other Federal domestic plant quarantines and 
regulations applicable to the regulated article.
    (c) Certificates for interstate movement of regulated articles may 
be issued by an inspector to a person operating under a compliance 
agreement for use with subsequent shipments of regulated articles to 
facilitate their movement. A person operating under a compliance 
agreement must make the determinations set forth in paragraph (b) of 
this section before shipping any regulated articles.
    (d) Any certificate that has been issued may be withdrawn by an 
inspector, orally or in writing, if he or she determines that the holder 
of the certificate has not complied with the conditions of this subpart 
for the use of the certificate. If the withdrawal is oral,

[[Page 18]]

the inspector will confirm the withdrawal and the reasons for the 
withdrawal, in writing, within 20 days of oral notification of the 
withdrawal. Any person whose certificate has been withdrawn may appeal 
the decision, in writing within 10 days after receiving written 
notification of the withdrawal. The appeal must state all of the facts 
and reasons upon which the person relies to show that the certificate 
was wrongfully withdrawn. A hearing will be held to resolve any conflict 
as to any material fact. An appeal shall be granted or denied, in 
writing, as promptly as circumstances allow, and the reasons for the 
decision shall be stated. In a non-protected area, appeal shall be made 
to the Administrator. The Administrator shall adopt rules of practice 
for the hearing. The certificate will remain withdrawn pending decision 
of the appeal.

[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994; 
67 FR 8180, Feb. 22, 2002]