[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: 7CFR353.6]

[Page 436-437]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 353--EXPORT CERTIFICATION--Table of Contents
 
Sec. 353.6  Inspection.

    Inspections shall be performed by agents, by inspectors, or by 
employees of a State plant protection agency who are authorized by the 
agency to perform field inspections in accordance with this part and who 
have successfully completed training in accordance with paragraph 
(a)(2)(iii) of this section. Employees of a State plant protection 
agency who are not agents may perform field inspections only under the 
supervision of an inspector.
    (a) Agent. (1) Agents may conduct phytosanitary field inspections of 
seed crops in cooperation with and on behalf of those State plant 
regulatory agencies electing to use agents and maintaining a Memorandum 
of Understanding with the Animal and Plant Health Inspection Service in 
accordance with the regulations. The Memorandum of Understanding must 
state that agents shall be used in accordance with the regulations in 
this part. Agents are not authorized to issue Federal phytosanitary 
certificates, but are only authorized to conduct the field inspections 
of seed crops required as a basis for determining phytosanitary 
condition prior to the issuance of a phytosanitary certificate for the 
crops.
    (2) To be eligible for designation as an agent, an individual must:
    (i) Have the ability to recognize, in the crops he or she is 
responsible for inspecting, plant pests, including symptoms and/or signs 
of disease-causing organisms, of concern to importing countries.

[[Page 437]]

    (ii) Have a bachelor's degree in the biological sciences, and a 
minimum of 1 year's experience in identifying plant pests endemic to 
crops of commercial importance within the cooperating State, or a 
combination of higher education in the biological sciences and 
experience in identifying such plant pests, as follows:

0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.

The years of education and experience do not have to be acquired 
consecutively.

    (iii) Successfully complete annual training provided by the State 
plant regulatory agency. The required training must include instruction 
in inspection procedures, identification of plant pests of quarantine 
importance to importing countries, methods of collection and submission 
of specimens (organisms and/or plants or plant parts) for 
identification, and preparation and submission of inspection report 
forms approved by the State plant regulatory agency.
    (iv) Have access to Federal or State laboratories for the positive 
identification of plants pests detected.
    (3) No agents shall inspect any plants or plant products in which 
they or a member of their family are directly or indirectly financially 
interested.
    (b) Inspector. (1) An employee of the Animal and Plant Health 
Inspection Service, or a State or county regulatory official designated 
by the Secretary of Agriculture to inspect and certify to shippers and 
other interested parties, as to the phytosanitary condition of plants 
and plant products inspected under the Act.
    (2) To be eligible for designation as an inspector, a State or 
county plant regulatory official must:
    (i) Have a bachelor's degree in the biological sciences, and a 
minimum of 1 year's experience in Federal, State or county plant 
regulatory activities, or a combination of higher education in the 
biological sciences and experience in State plant regulatory activities, 
as follows:

0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.

The years of education and experience do not have to be acquired 
consecutively.

    (ii) Successfully complete, as indicated by receipt of a passing 
grade, the Animal and Plant Health Inspection Service training course on 
phytosanitary certification.
    (3) No inspectors shall inspect any plants or plant products in 
which they or a member of their family are directly or indirectly 
financially interested.
    (c) Applicant responsibility. (1) When the services of an agent or 
an inspector are requested, the applicant shall make the plant or plant 
product accessible for inspection and identification and so place the 
plant or plant product to permit physical inspection of the lot for 
plant pests.
    (2) The applicant must furnish all labor involved in the inspection, 
including the moving, opening, and closing of containers.
    (3) Certificates may be refused for failure to comply with any of 
the foregoing provisions.