[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: 7CFR319.28]

[Page 227-229]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 319--FOREIGN QUARANTINE NOTICES--Table of Contents
 
                          Subpart--Citrus Fruit
 
Sec. 319.28  Notice of quarantine.

    Note: Citrus nursery stock, except seeds, is prohibited entry from 
all foreign countries and localities by the citrus nursery stock 
quarantine No. 19 (Sec. 319.19).
    The importation from all foreign countries of fruits of citrus and 
citrus relatives, other than those specified in this subpart, is 
restricted by the provisions of fruit and vegetable quarantine No. 56 
(Secs. 319.56 to 319.56-8).


    (a)(1) To prevent the introduction into the United States of citrus 
canker disease Xanthomonas campestris pv. citri (Hasse) Dye, the 
importation of all fruits and peel of all genera, species, and varieties 
of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the 
botanical family Rutaceae from eastern and southeastern Asia (including 
India, Myanmar, Sri Lanka, Thailand, Indochina, and the People's 
Republic of China); the Malay Archipelago; the Philippine Islands; 
Oceania (except Australia and Tasmania); Japan and adjacent islands; the 
Republic of Korea; Mauritius; Seychelles; Argentina (except for the 
States of Catamarca, Jujuy, Salta, and Tucuman, which are considered 
free of citrus canker); Brazil; and Paraguay is prohibited.
    (2) To prevent the introduction into the United States of sweet 
orange scab (Elsinoe australis Bitanc. and Jenkins), the importation of 
fruits and peel of all species and varieties of the genus Citrus, 
including Citrus aurantifolia (Christm.) Swingle, C. aurantium L., C. 
hystrix DC., C. limon (L.) Burm. f., C. paradisi Macf., C. reticulata 
Blanco, C. sinensis (L.) Osbeck, and Fortunella margarita (Lour.) 
Swingle, from Argentina (except as provided by Sec. 319.56-2f of this

[[Page 228]]

part), Brazil, Paraguay, and Uruguay is prohibited.
    (3) To prevent the introduction into the United States of the 
bacterial disease ``Cancrosis B,'' the importation of fruits and peel of 
all species and varieties of the genus Citrus, including those indicated 
in the previous paragraph, is prohibited from Argentina (except for the 
States of Catamarca, Jujuy, Salta, and Tucuman, which are considered 
free of Cancrosis B), Paraguay, and Uruguay. Seeds and processed peel of 
fruits designated in this section are excluded from this prohibition. 
Such seeds, however, are subject to the requirements of Secs. 319.37 
through 319.37-27.
    (b) The prohibition does not apply to Unshu oranges (Citrus 
reticulata Blanco var. unshu, Swingle [Citrus unshiu Marcovitch, 
Tanaka]), also known as Satsuma, grown in Japan or on Cheju Island, 
Republic of Korea, and imported under permit into any area of the United 
States except for those areas specified in paragraph (b)(7) of this 
section: Provided, that each of the following safeguards is fully 
carried out:
    (1) The Unshu oranges must be grown and packed in isolated, canker-
free export areas established by the plant protection service of the 
country of origin. Only Unshu orange trees may be grown in these areas, 
which must be kept free of all citrus other than the propagative 
material of Unshu oranges. The export areas must be inspected and found 
free of citrus canker and prohibited plant material by qualified plant 
protection officers of both the country of origin and the United States. 
The export areas must be surrounded by 400-meter-wide buffer zones. The 
buffer zones must be kept free of all citrus other than the following 10 
varieties: Buntan Hirado (Citrus grandis); Buntan Vietnam (C. grandis); 
Hassaku (C. hassaku); Hyuganatsu (C. tamurana); Kinkan (Fortunella spp. 
non Fortunella hindsii); Kiyomi tangor (hybrid); Orange Hyuga (C. 
tamurana); Ponkan (C. reticulata); Unshu (C. unshiu Marcovitch, Tanaka 
[Citrus reticulata Blanco var. unshu, Swingle]); and Yuzu (C. junos). 
The buffer zones must be inspected and found free of citrus canker and 
prohibited plant material by qualified plant protection officers of both 
the country of origin and the United States.
    (2) In Unshu orange export areas and buffer zones on Kyushu Island, 
Japan, trapping for the citrus fruit fly (Bactrocera tsuneonis) must be 
conducted as prescribed by the Japanese Government's Ministry of 
Agriculture, Forestry and Fisheries and the U.S. Department of 
Agriculture. If fruit flies are detected, then shipping will be 
suspended from the export area until negative trapping shows the problem 
has been resolved.
    (3) Inspection of the Unshu oranges shall be performed jointly by 
plant protection officers of the country of origin and the United States 
in the groves prior to and during harvest, and in the packinghouses 
during packing operations.
    (4) Before packing, such oranges shall be given a surface 
sterilization as prescribed by the U.S. Department of Agriculture.
    (5) Each shipment of oranges grown on Honshu Island, Japan, must be 
fumigated with methyl bromide after harvest and prior to exportation to 
the United States. Fumigation must be at the rate of 3 lbs./1,000 cu. 
ft. for 2 hours at 59  deg.F or above at normal atmospheric pressure 
(chamber only) with a load factor of 32 percent or below.
    (6) The identity of the fruit shall be maintained in the following 
manner:
    (i) The individual boxes in which the oranges are shipped must be 
stamped or printed with a statement specifying the States into which the 
Unshu oranges may be imported, and from which they are prohibited 
removal under a Federal plant quarantine.
    (ii) Each shipment of oranges handled in accordance with these 
procedures shall be accompanied by a certificate of the plant protection 
service of the country of origin certifying that the fruit is apparently 
free of citrus canker disease.
    (7) The Unshu oranges may be imported into the United States only 
through a port of entry listed in Sec. 319.37-14, except as follows:
    (i) Unshu oranges from Honshu Island, Japan, may not be imported 
into American Samoa, the Northern Mariana Islands, Puerto Rico, or the 
U.S. Virgin Islands.

[[Page 229]]

    (ii) Unshu oranges from Kyushu Island, Japan (Prefectures of 
Fukuoka, Kumanmoto, Nagasaki, and Saga only), or Cheju Island, Republic 
of Korea, may not be imported into American Samoa, Arizona, California, 
Florida, Hawaii, Louisiana, the Northern Mariana Islands, Puerto Rico, 
Texas, or the U.S. Virgin Islands.
    (c) This prohibition shall not apply to importations for 
experimental or scientific purposes by the U.S. Department of 
Agriculture upon such conditions and under such requirements as may be 
prescribed in permits that may be issued by the Deputy Administrator of 
the Plant Protection and Quarantine Programs for such importations.
    (d) Further, this prohibition shall not apply to importations into 
Guam of the fruits and peel designated in paragraph (a)(1) of this 
section.
    (e) Importations allowed in paragraphs (b), (c), and (d) of this 
section shall be subject to the permit and other requirements under the 
Fruits and Vegetables Quarantine (Sec. 319.56).
    (f) All salary, travel, and subsistence expenses incident to the 
assignment of personnel of the U.S. Department of Agriculture to such 
operations in the country of origin of the Unshu oranges shall be paid 
by those requesting the service of such personnel.
    (g) The term United States means the States, District of Columbia, 
American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the 
Virgin Islands of the United States.
    (h) Any permit that has been issued for the importation of Unshu 
oranges may be withdrawn by an inspector orally or in writing, if he or 
she determines that the holder of the permit has not complied with any 
of the conditions in the regulations. The holder of the permit shall be 
informed orally or in writing of the reasons for the withdrawal. If the 
withdrawal is oral, the decision and the reasons for the withdrawal will 
be confirmed in writing as promptly as circumstances allow. Any person 
whose permit has been withdrawn may appeal the decision in writing to 
the Deputy Administrator within ten (10) days after receiving the 
written notification of the withdrawal. The appeal must state all of the 
facts and reasons upon which the person relies to show that the permit 
was wrongfully withdrawn. As promptly as circumstances allow, the Deputy 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Deputy Administrator.
    (i) The term inspector means any employee of Plant Protection and 
Quarantine, Animal and Plant Health Inspection Service, who is 
authorized by the Deputy Administrator to enforce the regulations in 
this subpart.

[32 FR 7959, June 2, 1967, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 7481, Apr. 15, 1972; 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, 
1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, Dec. 16, 1988; 59 FR 
13183, Mar. 21, 1994; 60 FR 39103, 39104, Aug. 1, 1995; 65 FR 37667, 
June 15, 2000; 66 FR 21055, Apr. 27, 2001; 67 FR 4876, Feb. 1, 2002]