[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: 7CFR322.3]

[Page 373-374]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 322--HONEYBEES AND HONEYBEE SEMEN--Table of Contents
 
Sec. 322.3  Permits.

    (a) A restricted article may be imported only after issuance of a 
written permit by Plant Protection and Quarantine.
    (b) An application for a written permit must be submitted to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Biological Assessments and Taxonomic Support, 4700 River 
Road, Unit 133, Riverdale, Maryland 20737-1236, and should be submitted 
at least 30 days prior to arrival of the article at the port of entry. 
The completed application does not have to be on any particular form but 
must indicate that it is an application for a written permit and include 
the following information:
    (1) Name, address, and telephone number of the importer;
    (2) Amount of semen indicated to be imported and species or 
subspecies of the honeybees from which the semen was collected;
    (3) Country or locality of origin;
    (4) Intended United States port of entry;
    (5) Means of transportation; and
    (6) Expected date of arrival.
    (c) After receipt and review of the application by Plant Protection 
and Quarantine, a written permit indicating the applicable conditions in 
this subpart for importation shall be issued for the importation of the 
articles specified in the application if such articles appear to be 
eligible to be imported. Even though a written permit has been issued 
for the importation of an article, it may be moved into the United 
States from the port of entry only if all requirements of this subpart 
are met and only if an inspector at the port of entry does not determine 
that emergency measures are necessary with respect to such article to 
assure that diseases or parasites harmful to honeybees and that 
undesirable species or subspecies of honeybees are not introduced into 
the United States.
    (d) Any permit which has been issued may be withdrawn by an 
inspector or the Deputy Administrator if he or she determines that the 
permit holder has not complied with any condition for the use of the 
permit. The reasons for the withdrawal shall 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 20 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. The Deputy Administrator shall grant or deny the appeal in 
writing, stating the reasons for the decision, as promptly as 
circumstances allow. If there is a conflict

[[Page 374]]

as to any material fact, a hearing shall be held to resolve the 
conflict.

(Approved by the Office of Management and Budget under control number 
0579-0072)

[50 FR 25689, June 21, 1985, as amended at 59 FR 67133, Dec. 29, 1994; 
59 FR 67610, Dec. 30, 1994]