[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: 7CFR352.6]

[Page 426-427]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents
 
Sec. 352.6  Application for permit and approval or denial thereof.

    (a) Plants and plant products. Except as otherwise provided in this 
paragraph, any person desiring to unload or land, or otherwise move into 
or through the United States, any plants or plant products for which a 
specific permit is required by Sec. 352.5, shall in the case of 
prohibited plants or plant products, and should in the case of 
restricted plants or plant products, in advance of arrival in the United 
States of the plants or plant products, submit an application for a 
permit to the Plant Protection and Quarantine Programs, \1\ stating such 
of the following information as is relevant: The name and address of the 
importer, the approximate quantity and kind of plants and plant products 
it is desired to import under this part, the country where grown, the 
United States port of arrival, the United States port of export, the 
proposed routing from the port of arrival to the port of exportation, 
means of transportation to be employed (i.e., mail, air mail, express, 
air express, freight, air freight, baggage), and the name and address of 
the agent representing the importer. Applications may be made on forms 
provided for the purpose by the Plant Protection and Quarantine 
Programs, or orally, or by letter, telegram, or other means of 
communication furnishing all the information required by this paragraph. 
Applications need not be made for shipments handled under general 
authorizations set forth in Sec. 352.5 (b), (c), or (d), or in 
Sec. 352.11.
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    \1\ Application for such permits should be addressed to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, 
Maryland 20737-1236.
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    (b) Plant pests. Any person desiring to unload or land, or otherwise 
move into or through the United States, any plant pest for which a 
specific permit is required by Sec. 352.5 shall, in advance of the 
arrival of the plant pests in the United States, submit an application 
to the Plant Protection and Quarantine Programs \2\ for a permit as 
specified by Sec. 330.201 of this chapter.
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    \2\ Application for permits should be made to the Plant Protection 
and Quarantine Programs, Animal and Plant Health Inspection Service, 
U.S. Department of Agriculture, Washington, DC 20250.
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    (c) Soil. Any person desiring to bring into or unload or land, or 
otherwise

[[Page 427]]

move into or through the United States, any soil for which a specific 
permit is required by Sec. 352.5 shall, in advance of the arrival of the 
soil in the United States, submit an application for permit to the Plant 
Protection and Quarantine Programs \2\ as specified by Sec. 330.300(b) 
of this chapter.
    (d) Constructive oral application. If a permit has not been issued 
in advance of arrival, application for any required permit (other than a 
formal permit) shall be considered to have been made orally to the 
inspector at the port of arrival by presentation of the shipment for 
entry or its listing on the manifest or other documentation, but this 
shall not excuse failure to make timely application as required by this 
section. Express application is required for a formal permit.
    (e) Approval or denial of permits. Upon approval of the application, 
the permit will be issued. Any conditions necessary to eliminate danger 
of plant pest dissemination may be specified in the permit, or otherwise 
as provided in Sec. 352.10. Permits will be denied if, in the opinion of 
the Deputy Administrator, it is not possible to prescribe conditions 
adequate to prevent danger of plant pest dissemination by the plants, 
plant products, plant pests, or soil involved.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 
30, 1994]