[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: 7CFR318.13-4c]

[Page 177-178]
 
                          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. 318.13-4c  Administrative instructions approving methyl bromide fumigation as a condition for certification of tomatoes for movement from Hawaii.

    The Administrator of the Animal and Plant Health Inspection Service 
hereby approves methyl bromide fumigation, applied in accordance with 
the provisions of this section, as a treatment for tomatoes from Hawaii. 
Tomatoes treated and handled as provided in this section may be 
certified for movement from Hawaii to other parts of the United States.
    (a) Approved fumigation. (1) The approved fumigation shall consist 
of fumigation with methyl bromide at normal atmospheric pressure, in a 
fumigation chamber which has been approved for that purpose by the 
Animal and Plant Health Inspection Service. The

[[Page 178]]

dosage shall be applied at the rate of 2 pounds per 1,000 cubic feet for 
3\1/2\ hours at 70  deg.F. or above.
    (2) Tomatoes to be fumigated may be individually wrapped in gas-
permeable tissue paper and packed in standard slatted tomato lugs or 
containers similarly vented. The fumigation chamber shall not be loaded 
to more than two-thirds of its capacity. The 3\1/2\-hour exposure period 
shall begin when all the fumigant has been introduced into the chamber 
and volatilized. Good circulation above and below the load, and between 
individual containers, shall be provided as soon as the tomatoes are 
loaded in the chamber and shall continue during the full period of 
fumigation and until the tomatoes have been removed to a well-ventilated 
location.
    (b) Supervision of treatments and subsequent handling. The treatment 
approved in this section and the subsequent handling of the tomatoes so 
treated must be under the supervision of a plant quarantine inspector of 
the Animal and Plant Health Inspection Service. Such treated tomatoes 
must be safeguarded against reinfestation during the period prior to 
movement from Hawaii in a manner satisfactory to the inspector. 
Certification of tomatoes for such movement will be made only upon 
compliance with the prescribed treatment and posttreatment safeguards.
    (c) Costs. All costs of the treatments and prescribed posttreatment 
safeguards provided for in this section, other than the services of the 
supervising inspector during regularly assigned hours of duty and at the 
usual place of duty, shall, as required by Sec. 318.13-4(b), be borne by 
the owner of the tomatoes, or his representative.
    (d) Department not responsible for damage. (1) This treatment is 
recognized as one which may be marginal as to varietal tolerance of 
tomatoes and the owner or shipper is warned of possible injury. The 
Department of Agriculture and its inspectors assume no responsibility 
for any loss or damage resulting from any treatment prescribed or 
supervised.
    (2) In test fumigations the following varieties of tomatoes 
indicated tolerance to the prescribed treatment when harvested early in 
the season and in the mature stage after some color development: Big 
Boy, Bounty, Break O Day, Burpee Hybrid, Earliana, Hawaii, Homestead, J. 
Moran, Kalohi, Kaulaii, Lanai, Marglobe, Maui, Niihau, N-46, Oahu, 
Pearson, Pritchard, Rutgers, San Malzano, Step 274, Step 278, Step 280, 
Step 281, Step 305, and Step 314. Varieties showing poor tolerance were 
Desert Pride, Kolea C. Manalucie, and Pennheart.

[27 FR 1551, Feb. 20, 1962, as amended at 36 FR 24917, Dec. 24, 1971. 
Redesignated at 50 FR 9788, Mar. 12, 1985, and further amended at 55 FR 
38979, Sept. 24, 1990]