[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: 7CFR318.58-1]

[Page 195-196]
 
                          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--Fruits and Vegetables From Puerto Rico or Virgin Islands
 
Sec. 318.58-1  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the Animal and Plant Health Inspection Service 
authorized to act in the Administrator's stead.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Cactus plants. Any of various fleshy-stemmed plants of the botanical 
family Cactaceae.
    Certificate. A document signed by an inspector certifying that a 
particular ship, vessel, other surface craft, or aircraft, or any 
specified lot or shipment of fruits or vegetables or other plant 
materials, via baggage, parcel post, express, freight or other mode of 
transportation, has been inspected and found apparently free from 
articles the movement of which is prohibited by the quarantine and 
regulations in this subpart, and from the plant pests referred to in 
said quarantine; or that the lot or shipment is of such a nature that no 
danger of infestation or infection is involved; or that it has been 
treated in a manner to eliminate infestation. A certificate covering 
treated products must state the treatment applied.
    Continental United States. The 48 contiguous States, Alaska, and the 
District of Columbia.
    Fruits and vegetables. The edible, more or less succulent, portions 
of food plants in the raw or unprocessed state, such as bananas, 
oranges, grapefruit, pineapples, tomatoes, peppers, lettuce, etc.
    Inspector. An inspector of the Plant Protection and Quarantine 
Programs, United States Department of Agriculture.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector for the interstate 
movement of regulated articles to a specified destination for:
    (1) Consumption, limited utilization or processing, or treatment, in 
conformity with a compliance agreement; or
    (2) Movement into or through the continental United States in 
conformity with a transit permit.
    Means of conveyance. For the purposes of Sec. 318.58-12 of this 
subpart, ``means of conveyance'' shall mean a ship, truck, aircraft, or 
railcar.
    Moved (movement and move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any person as 
specified

[[Page 196]]

in Sec. 318.58(b) with respect to fruits and vegetables and with respect 
to fruits and vegetables and with respect to cactus plants and parts 
thereof. ``Movement'' and ``move'' shall be construed accordingly.
    Person. Any individual, corporation, company, society, association, 
or other organized group.
    Plant litter. Leaves, twigs, or other portions of plants, or plant 
remains or rubbish as distinguished from clean fruits and vegetables, or 
other commercial articles.
    Sealed (sealable) container. A completely enclosed container 
designed for the storage and/or transportation of commercial air, sea, 
rail, or truck cargo, and constructed of metal or fiberglass, or other 
similarly sturdy and impenetrable material, providing an enclosure 
accessed through doors that are closed and secured with a lock or seal. 
Sealed (sealable) containers used for sea shipments are distinct and 
separable from the means of conveyance carrying them when arriving in 
and in transit through the continental United States. Sealed (sealable) 
containers used for air shipments are distinct and separable from the 
means of conveyance carrying them before any transloading in the 
continental United States. Sealed (sealable) containers used for air 
shipments after transloading in the continental United States or for 
overland shipments in the continental United States may either be 
distinct and separable from the means of conveyance carrying them, or be 
the means of conveyance itself.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the 
Virgin Islands of the United States, and all other territories and 
possessions of the United States.
    Transit permit. A written authorization issued by the Administrator 
for the movement of fruits and vegetables en route to a foreign 
destination that are otherwise prohibited movement by this subpart into 
or through the continental United States. Transit permits authorize one 
or more shipments over a designated period of time.
    Transloading. The transfer of cargo from one sealable container to 
another, from one means of conveyance to another, or from a sealable 
container directly into a means of conveyance.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 36 
FR 24917, Dec. 24, 1971; 54 FR 3580, Jan. 25, 1989; 58 FR 7961, Feb. 11, 
1993]