[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: 7CFR318.13-3]

[Page 175]
 
                          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--Hawaiian Fruits and Vegetables
 
Sec. 318.13-3  Conditions of movement.

    (a) To any destination. Any regulated articles may be moved 
interstate from Hawaii in accordance with this subpart to any 
destination if:
    (1) The movement is authorized by a valid certificate issued in 
accordance with Sec. 318.13-4 (a) or (b) and the movement complies with 
the conditions of any applicable compliance agreement made under 
Sec. 318.13-4(d), or
    (2) The movement is exempted from certificates or limited permit 
requirements by administrative instructions in this subpart.
    (b)(1) To restricted destinations. Smooth Cayenne pineapples; fresh 
fruit cocktail; inflight baskets of fruit; and cut flowers as defined in 
Sec. 318.13-1 (except cut blooms of gardenia, mauna loa, and jade vine, 
and leis thereof) may be moved interstate from Hawaii under limited 
permit, to a destination specified in the permit, directly from an 
establishment operated in accordance with the terms of a compliance 
agreement executed by the operator of the establishment, if the articles 
have not been exposed to infestation and they are not accompanied by any 
articles prohibited interstate movement under this subpart.
    (2) Avocados may be moved interstate from Hawaii to Alaska if the 
provisions of Sec. 318.13-4g are met, and if they are accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c).
    (3) Untreated fruits and vegetables from Hawaii may be moved 
interstate for irradiation treatment on the mainland United States if 
the provisions of Sec. 318.13-4f are met and if the fruits and 
vegetables are accompanied by a limited permit issued by an inspector in 
accordance with Sec. 318.13-4(c). The limited permit will be issued only 
if the inspector examines the shipment and determines that the shipment 
has been prepared in compliance with the provisions of this subpart.
    (c) To a foreign destination after transiting the continental United 
States. Fruits and vegetables from Hawaii otherwise prohibited movement 
from the State of Hawaii into or through the continental United States 
by this subpart may transit the continental United States en route to a 
foreign destination when moved in accordance with Sec. 318.13-17 of this 
subpart.
    (d) Segregation of certified articles. Articles certified after 
treatment in accordance with Sec. 318.13-4(b), taken aboard any ship, 
vessel, other surface craft, or aircraft in Hawaii must be segregated 
and protected in a manner as required by the inspector.
    (e) Attachment of certificates and limited permits. Except as 
otherwise provided for certain air cargo and containerized cargo on 
ships moved in accordance with Sec. 318.13-10, each box, bale, crate, or 
other container of regulated articles moved under certificate or limited 
permit shall have the certificate or limited permit attached to the 
outside of the container: Provided, That if a certificate or limited 
permit is issued for a shipment of more than one container of for bulk 
products, the certificate or limited permit shall be attached to or 
stamped on the accompanying waybill, manifest, or bill of lading.

[33 FR 14621, Oct. 1, 1968, as amended at 52 FR 8864, Mar. 20, 1987; 54 
FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb. 
11, 1993; 59 FR 66641, Dec. 28, 1994; 62 FR 36974, July 10, 1997]