[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: 7CFR352.5]

[Page 425-426]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents
 
Sec. 352.5  Permit; requirement, form and conditions.

    (a) General. (1) Permits are required for the arrival, unloading or 
landing, or other movement into or through the United States of plants, 
plant products, plant pests, and soil subject to this part. The permit 
may consist of a general authorization as set out in paragraph (b), (c), 
or (d) of this section or Sec. 352.11, or it may be a specific permit. A 
specific permit may be formal or oral except as a formal permit is 
required by paragraph (c) or (e) of this section. The Deputy 
Administrator may in administrative instructions require specific or 
formal permits for any class of products or articles subject to this 
part.
    (2) A formal permit may be issued in prescribed form, in letter 
form, or a combination thereof. A rubber stamp impression or other 
endorsement made by the inspector on pertinent Customs documents 
covering the products or articles involved may constitute the formal 
permit in appropriate cases.
    (b) Permit for prohibited or restricted products or articles brought 
in for temporary stay where unloading or landing in the United States is 
not intended. No permit other than the authorization contained in this 
paragraph shall be required for bringing into the United States any 
plants, plant products, plant pests, or soil subject to this part for 
temporary stay where unloading or landing in the United States is not 
intended, e.g., in connection with residue cargo movement under Customs 
procedure, or in connection with Customs entry for exportation or for 
transportation and exportation. This authorization also includes 
transshipment of products and articles under this paragraph from a 
carrier directly to another carrier of the same company when 
necessitated by an emergency or operating requirement and effected in 
accordance with safeguards prescribed in writing or orally by the 
inspector under Sec. 352.10.
    (c) Permit for prohibited or restricted products or articles 
unloaded or landed for immediate transshipment and exportation, or 
immediate transportation and exportation. When in the opinion of the 
inspector it is unnecessary to specify in a formal permit the safeguards 
required to prevent plant pest dissemination, plants, plant products, 
plant pests, or soil subject to this part may be unloaded or landed for 
immediate transshipment and exportation or for immediate transportation 
and exportation, as provided in Sec. 352.10, with the

[[Page 426]]

approval of the inspector and no further permit than the authorization 
contained in this paragraph; otherwise a formal permit shall be required 
for such unloading or landing.
    (d) Permit for restricted products or articles moving as residue 
cargo from port of first arrival to port of entry. Restricted plants, 
plant products, plant pests, or soil subject to this part arriving in 
the United States for movement under residue cargo procedures of Customs 
from a port of first arrival to another port for Customs entry into the 
United States may be allowed to so move without permit other than the 
authorization contained in this paragraph, if the inspector finds that 
apparently they can meet the applicable requirements of parts 319 of 
this chapter at the port where entry is to be made; otherwise a formal 
permit shall be required for such movement. Such restricted products and 
articles shall become subject to the applicable permit and other 
requirements of parts 319 of this chapter upon arrival at the port where 
Customs entry is to be made and shall not be unloaded or landed unless 
they comply with the applicable requirements.
    (e) Formal permits required for certain prohibited or restricted 
products or articles brought into a foreign trade zone. A formal permit 
must be obtained to bring any prohibited or restricted plants, plant 
products, plant pests, or soil subject to the provisions in this part, 
into a foreign trade zone for storage, manipulation, or other handling, 
except for immediate transshipment and exportation or for immediate 
transportation and exportation. Special conditions to safeguard such 
storage, manipulation, or other possession or handling may be specified 
in the permit, and when so specified shall be in addition to any other 
applicable requirements of this part or the safeguards prescribed by the 
inspector or otherwise under this part.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 
FR 21059, Apr. 27, 2001]