[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: 7CFR330.106]

[Page 378-381]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE--Table of Contents
 
                       Subpart--General Provisions
 
Sec. 330.106  Emergency measures.

    (a) Procedures to prevent pest dissemination. Whenever inspection of 
any means of conveyance, stores, baggage, mail, plants, plant products, 
earth, stone and quarry products, garbage, or other products or articles 
of any character whatsoever, arriving in the United States from a place 
outside thereof, or moving interstate, discloses a plant pest, or 
provides a reason to believe such a pest is present (other than one 
moving under permit in accordance with any conditions in the permit and 
the provisions in this part) which is new to, or not theretofore known 
to be widely prevalent or distributed within and throughout the United 
States, the inspector shall employ procedures necessary to prevent the 
dissemination of the plant pest. Such procedures shall also be employed 
with respect to means of conveyance or products or articles of any 
character whatsoever which have moved into the United States or 
interstate and which the inspector has reason to believe were infested 
or infected by or contained any such plant pest at the time of such 
movement. The inspector may follow administrative instructions 
containing procedures prescribed for certain situations, or he may 
follow a procedure selected by him from administratively approved 
methods known to be effective. The procedure may involve seizure, 
quarantine, treatment, application of other remedial measures, 
exportation, return to shipping point of origin, destruction, or other 
disposal, but no means of conveyance, product, article, or plant pest 
owned by any person shall be destroyed, exported, or returned to 
shipping point of origin or ordered to be so handled, unless there is, 
in the opinion of the inspector, no less drastic action adequate to 
prevent the dissemination of the plant pest. In forming such an opinion 
that no less drastic action is adequate, the inspector shall be guided 
by applicable specific and general instructions received from officers 
of the Plant Protection and Quarantine Programs. This section does not 
authorize action with respect to any means of conveyance, product, 
article, or plant pest which, at the time of the proposed action, is 
subject to disposal under the Plant Protection Act. In taking action 
with respect to any means of conveyance, product, article, plant pest, 
the inspector shall take cognizance of applicable requirements of the 
customs and postal laws and regulations.
    (b) Orders for remedial measures. The inspector may order the owner 
of any means of conveyance, product, article, or plant pest, subject to 
disposal under paragraph (a) of this section, to treat, apply other 
remedial measures, destroy, or make other disposal thereof without cost 
to the Federal Government and in a manner specified in accordance with 
paragraph (a) of this section.
    (c) Failure to apply remedial measures. If the measures required by 
the inspector are not applied promptly by the owner within the time 
limits specified by the inspector, the inspector shall apply measures 
necessary to prevent the dissemination of the plant pests.
    (d) Khapra beetle infestations of means of conveyance, or cargo or 
stores thereof; other infestations. As a means of preventing the 
dissemination into the United States, or interstate, of the khapra 
beetle (Trogoderma granarium

[[Page 379]]

Everts), the following procedures will be applicable when that insect is 
found, or there is reason to believe it is present, in a means of 
conveyance within paragraph (a) of this section, or in any cargo or 
stores in such a means of conveyance, or in any cargo or stores unloaded 
or landed, or being unloaded or landed, in the United States therefrom. 
These procedures will also apply with respect to other plant pests when 
the inspector finds they are necessary and sufficient to prevent the 
spread of such pests.
    (1) Infestation in storerooms and similar compartments of means of 
conveyance (except aircraft). (i) When infestation is found only in 
stores or storerooms, galleys, pantries, or similar noncargo 
compartments of a means of conveyance, except aircraft, the inspector 
shall prescribe and supervise the application of such remedial measures 
as, in his opinion, will be effective under conditions that will not 
spread the infestation to other parts of the means of conveyance, or to 
adjacent piers or other installations. If, in the opinion of the 
inspector, fumigation is the only available safeguard to eliminate the 
infestation, he shall order the owner to arrange for immediate 
fumigation of the infested stores and portions of the means of 
conveyance.
    (ii) If the means of conveyance is to leave the territorial limits 
of the United States directly for a port in another country within 24 
hours of such order, the inspector may suspend compliance with the 
fumigation requirement pending departure from the United States. Pending 
fumigation or departure, the inspector may seal the openings of infested 
compartments, packages, or articles, if in his opinion the action is 
necessary to prevent plant pest dissemination while the means of 
conveyance remains in the teritorial limits of the United States, as 
authorized in Sec. 330.110. The inspector may extend the 24-hour period 
to 48 hours, if, in his judgment, such extension is warranted by plans 
of the owner to remove the means of conveyance from the territorial 
limits of the United States within the extended period, the inability of 
the contractor to begin fumigation within the 24-hour period, or other 
reason deemed valid by the inspector. Further extension shall be given 
only under authority of the Deputy Administrator. Pending compliance 
with the requirement of fumigation, or the departure from the 
territorial limits of the United States directly for a port in another 
country, no stores, laundry, furnishings or equipment, or other articles 
or products whether in cargo or stores, shall be unloaded from the means 
of conveyance except as authorized by the inspector and under conditions 
prescribed by him. The owner of an infested means of conveyance under 
notice for fumigation which leaves the territorial limits of the United 
States without fumigation should arrange for the eradication of the 
infestation before returning to the same or another port in the United 
States. Upon return to a port in the United States and unless the 
infestation has been eliminated to the satisfaction of the inspector, 
the means of conveyance shall be subject to fumigation immediately upon 
arrival in the United States. Unloading or landing of any product or 
article shall not be permitted pending compliance with the fumigation 
requirement, except as authorized by the inspector and under conditions 
prescribed by him.
    (iii) If the means of conveyance is to remain at the port where the 
infestation was found or is to be moved to another port in the United 
States, the inspector shall prescribe and supervise the application of 
the remedial measures at the port where the infestation is found, as 
provided in this paragraph, or he may authorize the means of conveyance 
to be moved to another port for fumigation or the application of other 
remedial measures under safeguards prescribed by him.
    (iv) In all instances where the inspector prescribed procedures 
concerned with the application of remedial measures which involve (a) 
withholding permission to discharge articles or products; (b) permission 
to discharge after such permission has been withheld; (c) discontinuance 
of discharging; or (d) resumption of discharging after it has been 
discontinued, the appropriate Customs officer shall be immediately 
notified in writing. The inspector shall also inform the Customs 
officers at the port where the infestation is found and at

[[Page 380]]

such other ports as may be necessary of the requirement for fumigation 
and/or permission to move coastwise to another U.S. port for fumigation 
or other remedial measures.
    (2) Infestation in cargo compartments of means of conveyance (except 
aircraft). When infestation is found in cargo compartments or in cargo 
of a means of conveyance, except aircraft, the inspector shall prescribe 
and supervise the application of such remedial measures as, in his 
opinion are necessary, with respect to the cargo and the portions of the 
means of conveyance which contain or contained or were contaminated by 
the infested cargo. If in the opinion of the inspector fumigation is the 
only available safeguard to eliminate the infestation, he shall order 
the owner to arrange for immediate fumigation of the infested portions 
of such means of conveyance and cargo. However, if such cargo 
compartments cannot be fumigated without fumigating the entire means of 
conveyance, the inspector may order the entire means of conveyance and 
cargo to be fumigated. The inspector shall notify the owner of the means 
of conveyance of such requirement and the owner shall arrange for 
immediate fumigation. Discharge of cargo shall be discontinued unless 
the inspector allows it to continue under safeguards to be prescribed by 
him. The provisions applicable to stores and storerooms in paragraph 
(d)(1) (ii) and (iii) of this section shall apply to cargo and cargo 
areas of such means of conveyance. Customs officers shall be informed as 
required in paragraph (d)(1)(iv) of this section.
    (3) Infestation in an aircraft. If infestation is found in an 
aircraft, the inspector may apply seals as provided in Sec. 330.110, and 
he may require such temporary safeguards as he deems necessary, 
including the discontinuance of further unloading or landing of any 
products or articles except as authorized by him. Upon finding such 
infestation in an aircraft the inspector shall promptly notify the Plant 
Protection and Quarantine Programs of all circumstances and the 
temporary safeguards employed, and the Plant Protection and Quarantine 
Programs will specify the measures for eliminating the infestation which 
will not be deleterious to the aircraft or its operating components. Any 
insecticidal application required shall be approved by the Deputy 
Administrator for use in aircraft. If the aircraft is to depart from the 
territorial limits of the United States within 24 hours after the 
infestation is found, the inspector shall permit such departure in lieu 
of the application of other measures and shall prior to departure break 
any seals that would prevent access to the aircraft or safe operation 
thereof. Other seals shall remain intact at time of departure and shall 
be broken by the aircraft commander or a crew member upon his order only 
after the aircraft is beyond the territorial limits of the United 
States. Extension of the 24-hour period shall be given only under 
authority of the Deputy Administrator. The owner of the aircraft under 
notice of khapra beetle infestation which leaves the territorial limits 
of the United States before the infestation has been eradicated should 
arrange for eradication before returning the aircraft to the United 
States. Upon return to the United States, if the infestation is not 
eliminated to the satisfaction of the inspector, the aircraft shall be 
subject to the same disinfestation requirements and other safeguards 
immediately upon arrival in the United States. Customs officers shall be 
notified as required in paragraph (d)(1)(iv) of this section.
    (4) Precautions. The owner of a means of conveyance required to be 
fumigated pursuant to this section shall arrange with a competent 
operator to apply the fumigant under the supervision of the inspector. 
The owner shall understand that if certain fumigants are used they may 
result in residues in or on foodstuffs which may render them unsafe for 
use as food items. He is hereby warned against such use unless as 
ascertains that the fumigated foodstuffs are fit for human consumption. 
It should also be understood by the owner that emergency measures 
prescribed by the inspector to safeguard against dissemination of 
infestation may have adverse effects on certain products and articles, 
and that the acceptance of fumigation as a requirement is an alternative 
to the immediate removal of the infested means of conveyance and any 
products and articles thereon, from the

[[Page 381]]

territorial limits of the United States. Products or articles in a means 
of conveyance, or compartments thereof, which may be exposed to methyl 
bromide or other remedial measures and may be adversely affected 
thereby, may be removed from the means of conveyance or compartments 
thereof prior to the application of the remedial measures if in the 
opinion of the inspector this can be done without danger of plant pest 
dissemination and under conditions authorized by him, for additional 
inspection and/or application of effective remedial measures.

[24 FR 10825, Dec. 29, 1959, as amended at 25 FR 8989, Sept. 20, 1960; 
32 FR 6339, Apr. 21, 1967; 36 FR 24917, Dec. 24, 1971; 66 FR 21058, Apr. 
27, 2001]