[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: 7CFR361.8]

[Page 497-498]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT--Table of Contents
 
Sec. 361.8  Cleaning of imported seed and processing of certain Canadian-origin screenings.

    (a) Imported seed that is found to contain noxious weed seeds at a 
level higher than the tolerances set forth in Sec. 361.6(b) may be 
cleaned under the monitoring of an APHIS inspector. The cleaning will be 
at the expense of the owner or consignee.
    (1) At the location where the seed is being cleaned, the identity of 
the seed must be maintained at all times to the satisfaction of the 
Administrator. The refuse from the cleaning must be placed in containers 
and securely sealed and identified. Upon completion of the cleaning, a 
representative sample of the seed will be analyzed by a registered seed 
technologist, an official seed laboratory, or by APHIS; if the seed is 
found to be within the noxious weed tolerances set forth in 
Sec. 361.6(b),

[[Page 498]]

the seed may be allowed entry into the United States;
    (2) The refuse from the cleaning must be destroyed under the 
monitoring of an APHIS inspector at the expense of the owner or 
consignee of the seed.
    (3) Any person engaged in the business of cleaning imported seed may 
enter into a compliance agreement under paragraph (c) of this section to 
facilitate the cleaning of seed imported into the United States under 
this part.
    (b) Any person engaged in the business of processing screenings who 
wishes to process screenings imported from Canada under Sec. 361.7(c) 
that are otherwise prohibited under this part must enter into a 
compliance agreement under paragraph (c) of this section.
    (c) A compliance agreement for the cleaning of imported seed or 
processing of otherwise prohibited screenings from Canada shall be a 
written agreement \1\ between a person engaged in such a business, the 
State in which the business operates, and APHIS, wherein the person 
agrees to comply with the provisions of this part and any conditions 
imposed pursuant thereto. Any compliance agreement may be canceled 
orally or in writing by the APHIS inspector who is monitoring its 
enforcement whenever the inspector finds that the person who entered 
into the compliance agreement has failed to comply with the provisions 
of this part or any conditions imposed pursuant thereto. If the 
cancellation is oral, the decision and the reasons for the decision 
shall be confirmed in writing, as promptly as circumstances permit. Any 
person whose compliance agreement has been canceled may appeal the 
decision to the Administrator, in writing, within 10 days after 
receiving written notification of the cancellation. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully canceled. The Administrator 
shall grant or deny the appeal, in writing, stating the reasons for such 
decision, as promptly as circumstances permit. If there is a conflict as 
to any material fact, a hearing shall be held to resolve such conflict. 
Rules of practice concerning such a hearing will be adopted by the 
Administrator.
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    \1\ Compliance Agreement forms are available without charge from 
Permit Unit, PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD 20737-
1236, and from local offices of the Plant Protection and Quarantine. 
(Local offices are listed in telephone directories).
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