[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: 7CFR318.13-4g]

[Page 181-182]
 
                          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. 318.13-4g  Administrative instructions governing movement of avocados from Hawaii to Alaska.

    Avocados may be moved interstate from Hawaii to Alaska without being 
certified in accordance with Sec. 318.13-4 (a) or (b) only under the 
following conditions:
    (a) Distribution and marking requirements. The avocados may be moved 
interstate for distribution in Alaska only, the boxes of avocados must 
be clearly marked with the statement ``Distribution limited to the State 
of Alaska'', and the shipment must be identified in accordance with the 
requirements of Sec. 318.13-6.
    (b) Commercial shipments. The avocados may be moved in commercial 
shipments only.
    (c) Packing requirements. The avocados must have been sealed in the 
packing house in Hawaii in boxes with a seal that will break if the box 
is opened.
    (d) Ports. The avocados may enter the continental United States only 
at the following ports: Portland, Oregon; Seattle, Washington; or any 
port in Alaska.
    (e) Shipping requirements. The avocados must be moved either by air 
or ship and in a sealed container. The avocados may not be commingled in 
the same sealed container with articles that are intended for entry and 
distribution in any part of the United States other than Alaska. If the 
avocados arrive at either Portland, Oregon or Seattle, Washington, they 
may be transloaded only under the following conditions:
    (1) Shipments by sea. The avocados may be transloaded from one ship 
to another ship at the port of arrival, provided they remain in the 
original sealed container and that APHIS inspectors supervise the 
transloading. If the avocados are stored before reloading, they must be 
kept in the original sealed container and must be in an area that is 
either locked or guarded at all times the avocados are present.
    (2) Shipments by air. The avocados may be transloaded from one 
aircraft to another aircraft at the port of arrival, provided the 
following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport--i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities;
    (iii) The area used for any storage of the shipment is within the 
secure area of the airport, and is either locked or guarded at all times 
the avocados are present. The avocados must be kept in a sealed 
container while stored in the continental United States en route to 
Alaska; and
    (iv) APHIS inspectors supervise the transloading.
    (3) Exceptions. No transloading other than that described in 
paragraphs (e) (1) and (2) of this section is allowed except under 
extenuating circumstances (such as equipment breakdown) and when 
authorized and supervised by an APHIS inspector.
    (f) Limited permit. Shipments of avocados must be accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c) of this subpart. The limited permit will be issued only 
if the inspector examines the shipment and determines that the shipment 
has been prepared in

[[Page 182]]

compliance with the provisions of this section.

[59 FR 66642, Dec. 28, 1994]