[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: 7CFR353.1]

[Page 433-435]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 353--EXPORT CERTIFICATION--Table of Contents
 
Sec. 353.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection

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Service, or any person authorized to act for the Administrator.
    Agent. An individual who meets the eligibility requirements set 
forth in Sec. 353.6, and who is designated by the Animal and Plant 
Health Inspection Service to conduct phytosanitary field inspections of 
seed crops to serve as a basis for the issuance of phytosanitary 
certificates.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Certificate of heat treatment. A certificate (PPQ Form 553) issued 
by an inspector endorsing the statement of an exporter that the 
coniferous packing materials associated with a shipment for export have 
been heat treated in the United States or in Canada by being subjected 
to a minimum core temperature of 56  deg.C for 30 minutes.
    Consignment. One shipment of plants or plant products, from one 
exporter, to one consignee, in one country, on one means of conveyance; 
or any mail shipment to one consignee.
    Export certificate for processed plant products. A certificate (PPQ 
Form 578) issued by an inspector, describing the plant health condition 
of processed or manufactured plant products based on inspection of 
submitted samples and/or by virtue of the processing received.
    Family. An inspector or agent and his or her spouse, their parents, 
children, and first cousins.
    Industry-issued certificate. A certificate issued by a 
representative of the concerned agricultural or forestry industry under 
the terms of a written agreement with the Animal and Plant Health 
Inspection Service, giving assurance that a plant product has been 
handled, processed, or inspected in a manner required by a foreign 
government.
    Inspector. An employee of the Animal and Plant Health Inspection 
Service, or a State or county plant regulatory official designated by 
the Secretary of Agriculture to inspect and certify to shippers and 
other interested parties, as to the phytosanitary condition of plant 
products inspected under the Act.
    Non-government facility. A laboratory, research facility, inspection 
service, or other entity that is maintained, at least in part, for the 
purpose of providing laboratory testing or phytosanitary inspection 
services and that is not operated by the Federal Government or by the 
government of a State or a subdivision of a State.
    Office of inspection. The office of an inspector of plants and plant 
products covered by this part.
    Phytosanitary certificate. A certificate (PPQ Form 577) issued by an 
inspector, giving the phytosanitary condition of domestic plants or 
unprocessed or unmanufactured plant products based on inspection of the 
entire lot or representative samples drawn by a Federal or State 
employee authorized to conduct such sampling.
    Phytosanitary certificate for reexport. A certificate (PPQ Form 579) 
issued by an inspector, giving the phytosanitary condition of foreign 
plants and plant products legally imported into the United States and 
subsequently offered for reexport. The certificate certifies that, based 
on the original foreign phytosanitary certificate and/or additional 
inspection or treatment in the United States, the plants and plant 
products are considered to conform to the current phytosanitary 
regulations of the receiving country and have not been subjected to the 
risk of infestation or infection during storage in the United States. 
Plants and plant products which transit the United States under Customs 
bond are not eligible to receive the phytosanitary certificate for 
reexport.
    Plant pests. Any living stage of any insects, mites, nematodes, 
slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, 
other parasitic plants or reproductive parts thereof, viruses, or any 
organisms similar to or allied with any of the foregoing, or any 
infectious substances, which can directly or indirectly injure or cause 
disease or damage in any plants or parts thereof, or other products of 
plants.
    Plant products. Products derived from nursery stock, other plants, 
plant parts, roots, bulbs, seeds, fruits, nuts, and vegetables, 
including manufactured or processed products.
    Plants and plant products. Nursery stock, other plants, plant parts, 
roots, bulbs, seeds, fruits, nuts, vegetables

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and other plant products, including manufactured or processed products.
    Reference Manual A. The Reference Manual for Administration, 
Procedures, and Policies of the National Seed Health System, published 
by the National Seed Health System (NSHS). Reference Manual A describes 
the structure, administration, procedures, policies, and working 
practices of the NSHS and also contains relevant documentation, forms, 
and references for the NSHS. Reference Manual A is incorporated by 
reference at Sec. 300.3 of this chapter, and is available by writing to 
Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 
River Road Unit 140, Riverdale, MD 20737-1236, and on the APHIS Web site 
at http://www.aphis.usda.gov/ppq/pim/accreditation.
    Reference Manual B. The Reference Manual for Seed Health Testing and 
Phytosanitary Field Inspection Methods, published by the National Seed 
Health System (NSHS). Reference Manual B contains the detailed seed 
health testing, seed sampling, and inspection procedures for the NSHS. 
Reference Manual B is incorporated by reference at Sec. 300.4 of this 
chapter, and is available by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236, and on the APHIS Web site at http://www.aphis.usda.gov/ppq/
pim/accreditation.
    State. Any of the States of the United States, the District of 
Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto 
Rico, or the Virgin Islands of the United States.
    The Act. Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772, which was enacted June 20, 2000.

[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 1105, Jan. 8, 1999; 64 
FR 72264, Dec. 27, 1999; 65 FR 50131, Aug. 17, 2000; 66 FR 21059, Apr. 
27, 2001; 66 FR 37116, July 17, 2001; 66 FR 37400, July 18, 2001; 67 FR 
8466, Feb. 25, 2002]