[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: 7CFR319.37]

[Page 229-230]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 319--FOREIGN QUARANTINE NOTICES--Table of Contents

  Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant 
                        Products 1, 2
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Sec. 319.37  Prohibitions and restrictions on importation; disposal of articles refused importation.

    \1\ The Plant Protection and Quarantine Programs also enforces 
regulations promulgated under the Endangered Species Act of 1973 (Pub. 
L. 93-205, as amended) which contain additional prohibitions and 
restrictions on importation into the United States of articles subject 
to this subpart (See 50 CFR parts 17 and 23).
    \2\ One or more common names of articles are given in parentheses 
after most scientific names (when common names are known) for the 
purpose of helping to identify the articles represented by such 
scientific names; however, unless otherwise specified, a reference to a 
scientific name includes all articles within the category represented by 
the scientific name regardless of whether the common name or names are 
as comprehensive in scope as the scientific name.

    Source: 45 FR 31585, May 13, 1980, as amended at 60 FR 27674, May 
25, 1995.


    (a) No person shall import or offer for entry into the United States 
any prohibited article, except as otherwise provided in Sec. 319.37-2(c) 
of this subpart. No person shall import or offer for

[[Page 230]]

entry into the United States any restricted article except in accordance 
with this subpart.
    (b) The importer of any article denied entry for noncompliance with 
this subpart must, at the importer's expense and within the time 
specified in an emergency action notification (PPQ Form 523), destroy, 
ship to a point outside the United States, or apply treatments or other 
safeguards to the article, as prescribed by an inspector to prevent the 
introduction into the United States of plant pests. In choosing which 
action to order and in setting the time limit for the action, the 
inspector shall consider the degree of pest risk presented by the plant 
pest associated with the article, whether the article is a host of the 
pest, the types of other host materials for the pest in or near the 
port, the climate and season at the port in relation to the pest's 
survival range, and the availability of treatment facilities for the 
article.
    (c) No person shall remove any restricted article from the port of 
first arrival unless and until a written notice is given to the 
collector of customs by the inspector that the restricted article has 
satisfied all requirements under this subpart.

[57 FR 43144, Sept. 18, 1992]