[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: 7CFR318.13-4b]

[Page 177]
 
                          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. 318.13-4b  Administrative instructions; conditions governing the interstate movement from Hawaii of certain fruits for which treatment is required.

    (a) General restrictions. Fruits listed in this section may only be 
moved interstate from Hawaii in accordance with this section or in 
accordance with other applicable sections in this subpart.
    (b) Eligible fruits. The following fruits may be moved interstate 
from Hawaii if, prior to interstate movement, they are inspected for 
plant pests by an inspector and are then treated for fruit flies under 
the supervision of an inspector with a treatment prescribed in the Plant 
Protection and Quarantine (PPQ) Treatment Manual, which is incorporated 
by reference at Sec. 300.1 of this chapter: Avocados, bell peppers, 
carambolas, eggplants, Italian squash, litchi, longan, papayas, 
pineapples (other than smooth cayenne), rambutan, and tomatoes.
    (c) Subsequent handling. All handling of fruits subsequent to 
treatment in Hawaii must be carried out under the supervision of an 
inspector and according to the inspector's instructions.
    (d) Destination restrictions. Litchi and longan that are moved 
interstate from Hawaii under this section may not be moved into Florida 
due to the litchi rust mite (Eriophyes litchi). Cartons used to carry 
such fruits must be stamped: ``Not for movement into or distribution in 
FL.''
    (e) Costs and charges. All costs of treatment and any post-treatment 
safeguards prescribed by an inspector must be borne by the owner of the 
fruits or the owner's representative. The services of an inspector 
during regularly assigned hours of duty and at the usual place of duty 
are furnished by APHIS without charge.
    (f) Department not responsible for damages. Treatments prescribed in 
the PPQ Treatment Manual are judged from experimental tests to be safe 
for use with the fruits listed in paragraph (b) of this section. 
However, the Department assumes no responsibility for any damage 
sustained through or in the course of the treatment, or because of 
safeguards required by an inspector.

[67 FR 41157, June 17, 2002]