[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: 7CFR318.13-4]

[Page 175-176]
 
                          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. 318.13-4  Conditions governing the issuance of certificates or limited permits.

    Certificates or limited permits may be issued for the movement of 
articles allowed movement in accordance with the regulations in this 
subpart under the following conditions:

[[Page 176]]

    (a) Certification on basis of inspection or nature of lot involved. 
Fruits and vegetables designated in Sec. 318.13-2(b) may be certified 
when they have been inspected by an inspector and found apparently free 
from infestation and infection, or without such inspection when the 
inspector determines that the lot for shipment is of such a nature that 
no danger of infestation or infection is involved.
    (b) Certification on basis of treatment. Fruits, vegetables, and 
other products designated in Sec. 318.13, which are not listed in 
Sec. 318.13-2(b) and for which treatments may be approved by the 
Administrator of the Animal and Plant Health Inspection Service, may be 
certified if such treatments have been applied under the observation of 
an inspector in accordance with administratively approved procedure and 
if the articles were handled after such treatment in accordance with 
conditions prescribed in a compliance agreement executed by the 
applicant for the certificate or were handled after such treatment under 
such supervision of an inspector as the inspector may require. Any 
treatment that may be approved must be applied at the expense of the 
shipper, owner, or person in charge of such articles. The Department of 
Agriculture or its inspector will not be responsible for loss or damage 
resulting from any treatment prescribed or supervised.
    (c) Limited permits. (1) Limited permits may be issued by an 
inspector for the movement of noncertified regulated articles designated 
in Sec. 318.13-3(b) of this subpart.
    (2) Limited permits may be issued by an inspector for the movement 
of fruits and vegetables otherwise prohibited movement under this 
subpart, if the articles are to be moved in accordance with Sec. 318.13-
17 of this subpart.
    (3) Except when the regulations specify an inspector must issue the 
limited permit, limited permits may be issued by a person operating 
under a compliance agreement.
    (d) Compliance agreements. As a condition of issuance of a limited 
permit under paragraph (c)(3) of this section, or a certificate under 
paragraph (b) of this section for the movement of regulated articles for 
which a compliance agreement is required, the person applying for the 
permit or certificate must sign a compliance agreement stipulating that 
he will use all such permits or certificates issued to him in accordance 
with the provisions thereof and of the compliance agreement; will 
maintain at his establishment such safeguards against the establishment 
and spread of infestation and infection and comply with such conditions 
as to the maintenance of identity, handling (including post treatment 
handling), and interstate movement of regulated articles under such 
permits or certificates and the cleaning and treatment of means of 
conveyance and containers used in such movement of the articles, as may 
be required by the inspector in each specific case to prevent the spread 
of infestation or infection; and will allow inspectors to inspect the 
establishment and operations thereof.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 52 
FR 8864, Mar. 20, 1987; 55 FR 38979, Sept. 24, 1990; 57 FR 31307, July 
15, 1992; 58 FR 7959, Feb. 11, 1993; 59 FR 48992, Sept. 26, 1994; 59 FR 
66641, Dec. 28, 1994]