[Code of Federal Regulations]
[Title 7 volume 5]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR319.37-5]
[Page 255-260]
TITLE 7--AGRICULTURE
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 319_FOREIGN QUARANTINE NOTICES--Table of Contents
Subpart_Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant
Products 1 2
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Sec. 319.37-5 Special foreign inspection and certification requirements.
(a) Any restricted article (except seeds; unrooted cuttings;
articles collected from the wild; and articles solely for food,
analytical, or manufacturing purposes) from a country listed below, at
the time of arrival at the port of first arrival in the United States
shall be accompanied by a phytosanitary certificate of inspection which
shall contain an accurate additional declaration that such article was
grown on land which has been sampled and microscopically inspected by
the plant protection service of the country in which grown within 12
months preceding issuance of the certificate and found free from potato
cyst nematodes, Globodera rostochiensis (Woll.) Behrens and G. pallida
(Stone) Behrens:
Algeria, Argentina, Australia, Austria, Azores, Belgium, Bolivia,
Bulgaria, Canada (only that portion comprising Newfoundland and that
portion of the Municipality of Central Saanich in the Province of
British Columbia east of the West Saanich Road), Channel Islands, Chile,
Colombia, Costa Rica, Crete, Cyprus, Czechoslovakia, Denmark (including
Faeroe Islands), Ecuador, Egypt, Federal Republic of Germany (West),
Finland, France, German Democratic Republic (East), Great Britain,
Greece, Guernsey, Hungary, Iceland, India, Ireland, Italy,
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Japan, Jersey, Jordan, Lebanon, Luxembourg, Malta, Mexico, Morocco, The
Netherlands, New Zealand, Northern Ireland, Norway, Pakistan, Panama,
Peru, the Philippines, Poland, Portugal, South Africa, Spain (including
Canary Islands), Sweden, Switzerland, Tunisia, Union of Soviet Socialist
Republics, Venezuela, and Yugoslavia.
(b)(1) Any of the following restricted articles (except seeds) at
the time of arrival at the port of first arrival in the United States
must be accompanied by a phytosanitary certificate of inspection which
contains an additional declaration that the article was grown in a
nursery in Belgium, Canada, Federal Republic of Germany, France, Great
Britain, or The Netherlands and that the article was found by the plant
protection service of the country in which the article was grown to be
free of the following injurious plant diseases listed in paragraph
(b)(3) of this section: For Chaenomeles spp. (flowering quince) and
Cydonia spp. (quince), diseases (i), (ii), (iv), (xviii), (xix), (xx),
and (xxi); for Malus spp. (apple, crabapple), diseases (i), (ii), (iii),
(vi), (vii), (xxii), and (xxiii); for Prunus spp. (almond, apricot,
cherry, cherry laurel, English laurel, nectarine, peach, plum, prune),
diseases (i), (ix) through (xvii), and (xxii); and for Pyrus spp.
(pear), diseases (i), (ii), (iv), (v), (xviii), (xix), (xx), (xxi) and
(xxii); and for Vitis spp. (grape) from Canada, diseases (xiv) through
(xvii) and (xxiv) through (xliii). The determination by the plant
protection service that the article is free of these diseases will be
based on visual examination and indexing of the parent stock of the
article and inspection of the nursery where the restricted article is
grown to determine that the nursery is free of the specified diseases.
An accurate additional declaration on the phytosanitary certificate of
inspection by the plant protection service that a disease does not occur
in the country in which the article was grown may be used in lieu of
visual examination and indexing of the parent stock for that disease and
inspection of the nursery.
(2) Species of Prunus not immune to plum pox virus (species other
than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P.
padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P.
subhirtella, P. yedoensis, and P. virginiana) and grown in Belgium,
France, Germany, Great Britain, or The Netherlands shall be certified
only from the government operated nurseries (research stations) where
the certified plants were grown and the original parent stock is indexed
for the appropriate national fruit tree certification program.
(3) List of diseases.
(i) Monilinia fructigena (Aderh. & Ruhl.) Honey (Brown rot of
fruit).
(ii) Guignardia piricola (Nose) Yamomoto (Leaf, branch, and fruit
disease).
(iii) Apple proliferation agent.
(iv) Pear blister canker virus.
(v) Pear bud drop virus.
(vi) Diaporthe mali Bres. (Leaf, branch & fruit fungus).
(vii) Apple green crinkle virus.
(viii) Apple chat fruit virus.
(ix) Plum pox (=Sharka) virus.
(x) Cherry leaf roll virus.
(xi) Cherry rusty mottle (European) agent.
(xii) Apricot chlorotic leaf roll agent.
(xiii) Plum bark split virus.
(xiv) Arabis mosaic virus and its strains.
(xv) Raspberry ringspot virus and its strains.
(xvi) Tomato blackring virus and its strains.
(xvii) Strawberry latent ringspot virus and its strains.
(xviii) Quince sooty ringspot agent.
(xix) Quince yellow blotch agent.
(xx) Quince stunt agent.
(xxi) Gymnosporangium asiaticum Miyabe ex. Yamada (Rust).
(xxii)Valsa mali Miyabe and Yamada ex. Miura (Branch canker fungus).
(xxiii) Apple ringspot virus.
(xxiv) The following nematode transmitted viruses of the polyhedral
type: Artichoke Italian latent virus, Grapevine Bulgarian latent virus,
Grapevine fanleaf virus and its strains, and Hungarian chrome mosaic
virus.
(xxv) Grapevine asteroid mosaic agent.
(xxvi) Grapevine Bratislava mosaic virus.
(xxvii) Grapevine chasselas latent agent.
(xxviii) Grapevine corky bark ``Legno riccio'' agent.
(xxix) Grapevine leaf roll agent.
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(xxx) Grapevine little leaf agent.
(xxxi) Grapevine stem pitting agent.
(xxxii) Grapevine vein mosaic agent.
(xxxiii) Grapevine vein necrosis agent.
(xxxiv) Flavescence-doree agent.
(xxxv) Black wood agent (bois-noir).
(xxxvi) Grapevine infectious necrosis bacterium.
(xxxvii) Grapevine yellows disease bacterium.
(xxxviii) Xanthomonas ampelina Panagopoulas.
(xxxix) Peyronellaea glomerata Ciferri.
(xl) Pseudopeziza tracheiphila Muller-Thur-gau.
(xli) Rhacodiella vitis Sterenberg.
(xlii) Rosellinia necatrix Prill.
(xliii) Septoria melanosa (Vialla and Ravav) Elenk.
(c) Any restricted article (except seeds) of Chrysanthemum spp.
(chrysanthemum), Dendranthema spp. (chrysanthemum), Leucanthemella
serotina, or Nipponanthemum nipponicum, from any foreign place except
Europe, Argentina, Brazil, Canada, the Canary Islands, Chile, Colombia,
the Republic of South Africa, Uruguay, Venezuela, and all countries and
localities located in part or entirely between 90[deg] and 180[deg] east
longitude shall, at the time of arrival at the port of first arrival in
United States, be accompanied by a phytosanitary certificate of
inspection. The phytosanitary certificate of inspection must contain a
declaration that such article was grown in a greenhouse nursery and
found by the plant protection service of the country in which grown to
be free from white rust of chrysanthemum (caused by the rust fungus
Puccinia horiana P. Henn.) based on visual examination of the parent
stock, the articles for importation, and the greenhouse nursery in which
the articles for importation and the parent stock were grown, once a
month for 4 consecutive months immediately prior to importation.
(d) Any restricted article (except seeds) of Dianthus spp.
(carnation, sweet-william) from Great Britain shall be grown under
postentry quarantine conditions specified in Sec. 319.37-7(c) unless at
the time of arrival at the port of first arrival in the United States
the phytosanitary certificate of inspection accompanying such article
contains an accurate additional declaration that such article was grown
in a greenhouse nursery in Great Britain and found by the plant
protection service of Great Britain to be free from injurious plant
diseases caused by Phialophora cinerescens (Wr.) van Beyma
(=Verticillium cinerescens Wr.), carnation etched ring virus, carnation
``streak'' virus, and carnation ``fleck'' virus, based on visual
examination of the parent stock, of the articles for importation, and of
the greenhouse nursery in which the articles for importation and the
parent stock are grown, once a month for 4 consecutive months
immediately prior to importation, and based on indexing of the parent
stock.
(e) Any restricted article (except seeds) of Rubus spp. (cloudberry,
blackberry, boysenberry, dewberry, loganberry, raspberry) from Canada,
shall be grown under postentry quarantine conditions specified in Sec.
319.37-7 unless at the time of arrival at the port of first arrival in
the United States the phytosanitary certificate of inspection
accompanying such article contains an accurate additional declaration
that such article was found by the plant protection service of Canada to
be free of Rubus stunt agent based on visual examination and indexing of
the parent stock.\7\
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\7\ Such testing is done under a Raspberry Plant Certification
Program of Canada.
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(f) Any restricted article (except seeds) of Rubus spp. (cloudberry,
blackberry, boysenberry, dewberry, loganberry, raspberry) from Europe at
the time of arrival at the port of first arrival in the United States
shall be accompanied by a phytosanitary certificate of inspection which
shall contain an accurate additional declaration that such article was
found by the plant protection service of the country of origin to be
free of Rubus stunt agent based on visual examination and indexing of
the parent stock.
(g) Any seed of Cocos nucifera (coconut) at the time of arrival at
the port of first arrival in the United States shall be accompanied by a
phytosanitary certificate of inspection which shall contain an accurate
additional declaration that such seed was found by the plant protection
service of
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Costa Rica or of Jamacia to be of Malayan dwarf variety or Maypan
variety (=F1 hybrid, Malayan DwarfxPanama Tall) (which are
resistant to lethal yellowing disease) based on visual examination of
the parent stock.
(h) Any restricted article of Fragaria spp. (strawberry) from Israel
is prohibited as specified in Sec. 319.37-2(a) unless at the time of
arrival at the port of first arrival in the United States the
phytosanitary certificate accompanying the article of Fragaria spp.
contains an additional declaration that stipulates that the parent stock
was found free of red stele disease pathogen as well as any other
damaging strawberry pathogens, based on visual inspection and indexing.
(i) Any restricted article of Syringa spp. (lilac) from the
Netherlands is prohibited as specified in Sec. 319.37-2(a) unless, at
the time of arrival at the port of first arrival in the United States,
the phytosanitary certificate accompanying the article of Syringa spp.
(lilac) contains a declaration that stipulates that the parent stock was
found free of plant diseases by inspection and indexing and that the
Syringa spp. (lilac) to be imported were propagated either by rooting
cuttings from indexed parent plants or by grafting indexed parent plant
material on seedling rootstocks, and were grown in:
(1) Fumigated soil (fumigated by applying 400 to 870 pounds of
methyl bromide per acre and covering the soil with a tarpaulin for 7
days) in a field at least 3 meters from the nearest nonindexed Syringa
spp. (lilac), or
(2) Soil that has been sampled and microscopically inspected by the
plant protection service of the Netherlands within 12 months preceding
issuance of the phytosanitary certificate and that has been found free
of the plant parasitic nematodes capable of transmitting European
nepoviruses, including, but not limited to, the Arabis mosaic nepovirus.
(j)(1) Seeds of Prunus spp. (almond, apricot, nectarine, peach,
plum, and prune, but not species in the subgenus Cerasus) from Belgium,
France, Federal Republic of Germany, The Netherlands, or Great Britain
shall, at the time of arrival at the port of first arrival in the United
States, be accompanied by a phytosanitary certificate of inspection,
containing accurate additional declarations that:
(i) The seeds are from parent stock grown in a nursery in Belgium,
France, Federal Republic of Germany, The Netherlands, or Great Britain
that is free of plum pox (Sharka) virus; and
(ii) The seeds have been found by the plant protection service of
the country in which grown to be free of plum pox (Sharka) virus based
on the testing of parent stock by visual examination and indexing.
(2) Seeds of Prunus spp. (almond, apricot, nectarine, peach, plum,
and prune, but not species in the subgenus Cerasus), from all countries
except those in Europe, Cyprus, Syria, and Turkey shall, at the time of
arrival at the port of first arrival in the United States, be
accompanied by a phytosanitary certificate of inspection, containing an
accurate additional declaration that plum pox (Sharka) virus does not
occur in the country in which the seeds were grown.
(k) Any restricted article of Feijoa (feijoa, pineapple guava) from
New Zealand shall undergo postentry quarantine in accordance with Sec.
319.37-7 unless the article, at the time of arrival at the port of first
arrival in the United States, is accompanied by a phytosanitary
certificate of inspection, containing an accurate additional declaration
that New Zealand is free of Monilinia fructigena.
(l) Any restricted article of Gladiolus, Watsonia or Crocosmia spp.
from Luxembourg or Spain shall, at the time of arrival at the port of
first arrival in the United States, be accompanied by a phytosanitary
certificate of inspection, containing accurate additional declarations
that:
(1) The plants were grown in a disease free environment in a
greenhouse;
(2) The plants were subjected to 12 hours of continuous misting per
day with water at 15-20 degrees Celsius on 2 consecutive days; and
(3) The plants were inspected by a plant quarantine official of the
country where grown 20 days after the completion of the misting and were
found free of gladiolus rust.
(m) Any restricted article of Acer palmatum or Acer japonicum from
the
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Netherlands is prohibited unless the article is accompanied, at the time
of arrival at the port of first arrival in the United States, by a
phytosanitary certificate of inspection, containing an accurate
additional declaration that the article is of a nonvariegated variety of
A. palmatum or A. japonicum.
(n) Any restricted article of Howea spp. (sentry palm) from
Australia or New Zealand, is prohibited as specified in Sec. 319.37-
2(a) unless at the time of arrival at the port of first arrival in the
United States the phytosanitary certificate accompanying the article of
Howea spp. contains both a declaration of origin and a declaration
stipulating that the Howea is free of the lethal yellowing pathogen and
the cadang-cadang pathogen, as well as any other damaging palm
pathogens, based on visual inspection.
(o) Any Solanum tuberosum true seed imported from Chile shall, at
the time of arrival at the port of first arrival in the United States,
be accompanied by a phytosanitary certificate of inspection issued in
Chile by the Servicio Agricola y Ganadero (SAG), containing additional
declarations that:
(1) The Solanum spp. true seed was produced by Solanum plants that
were propagated from plantlets from the United States;
(2) The Solanum plants that produced the Solanum tuberosum true seed
were grown in the Tenth (X) Region of Chile (that area of the country
between 39[deg] and 44[deg] South latitude); and
(3) Solanum tuberosum tubers, plants, and true seed from each field
in which the Solanum plants that produced the Solanum tuberosum true
seed were grown have been sampled by SAG once per growing season at a
rate to detect 1 percent contamination with a 99 percent confidence
level (500 tubers/500 plants/500 true seeds per 1 hectare/2.5 acres),
and that the samples have been analyzed by SAG using an enzyme-linked
immunosorbent assay (ELISA) test or nucleic acid spot hybridization
(NASH) non-reagent test, with negative results, for Andean Potato Latent
Virus, Arracacha Virus B, Potato Virus T, the Andean Potato Calico
Strain of Tobacco Ringspot Virus, and Potato Yellowing Virus.
(p) In addition to meeting the requirements of this subpart, any
trees with roots and any shrubs with roots and persistent woody stems,
unless greenhouse-grown throughout the year, that are imported from
Canada will be subject to the inspection and certification requirements
for gypsy moth in Sec. 319.77-4 of this part.
(q) Any artificially dwarfed plant imported into the United States
must have been grown and handled in accordance with the requirements of
this paragraph and must be accompanied by a phytosanitary certificate of
inspection that was issued by the government of the country where the
plants were grown.
(1) Any growing media, including soil, must be removed from the
artificially dwarfed plants prior to shipment to the United States
unless the plants are to be imported in accordance with Sec. 319.37-8.
(2) The artificially dwarfed plants must be grown in accordance with
the following requirements and the phytosanitary certificate required by
this paragraph must contain declarations that those requirements have
been met:
(i) The artificially dwarfed plants must be grown for at least 2
years in a greenhouse or screenhouse in a nursery registered with the
government of the country where the plants were grown;
(ii) The greenhouse or screenhouse in which the artificially dwarfed
plants are grown must have screening with openings of not more than 1.6
mm on all vents and openings, and all entryways must be equipped with
automatic closing doors;
(iii) The artificially dwarfed plants must be grown in pots
containing only sterile growing media during the 2-year period when they
are grown in a greenhouse or screenhouse in a registered nursery;
(iv) The artificially dwarfed plants must be grown on benches at
least 50 cm above the ground during the 2-year period when they are
grown in a greenhouse or screenhouse in a registered nursery; and
(v) The plants and the greenhouse or screenhouse and nursery where
they are grown must be inspected for any evidence of pests and found
free of
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pests of quarantine significance to the United States at least once
every 12 months by the plant protection service of the country where the
plants are grown.
(r) Any restricted article of Pelargonium spp. or Solanum spp.
presented for importation into the United States must meet the following
requirements:
(1) Any article of Pelargonium spp. or Solanum spp. imported from
Canada under the provisions of the greenhouse-grown restricted plant
program as described in Sec. 319.37-4(c) may be presented for
importation at the port of first arrival in the United States with a
certificate of inspection in the form of a label in accordance with
Sec. 319.37-4(c)(1)(iv).
(2) For any article of Pelargonium spp. or Solanum spp. that does
not meet the requirements of paragraph (r)(1) of this section and is
from a region where Ralstonia solanacearum race 3 biovar 2 is not known
to occur at the time of arrival at the port of first arrival in the
United States, the phytosanitary certificate of inspection required by
Sec. 319.37-4 must contain an additional declaration that states
``Ralstonia solanacearum race 3 biovar 2 is not known to occur in the
region of origin of the articles in this shipment.''
(3) For any article of Pelargonium spp. or Solanum spp. that is from
a region where Ralstonia solanacearum race 3 biovar 2 is known to occur
at the time of arrival at the port of first arrival in the United
States, the phytosanitary certificate of inspection required by Sec.
319.37-4 must contain an additional declaration that states ``The
production facility where these plants were produced has been tested and
found to be free of Ralstonia solanacearum race 3 biovar 2.''
(Approved by the Office of Management and Budget under control number
0579-0049, 0579-0176, and 0579-0221.)
[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45
FR 53450, Aug. 12, 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, Dec.
30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; 59 FR 44610, Aug. 30,
1994; 60 FR 4530, Jan. 24, 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210,
Oct. 1, 1996; 64 FR 45866, Aug. 23, 1999; 67 FR 53731, Aug. 19, 2002; 68
FR 28119, May 23, 2003; 68 FR 37915, June 25, 2003; 68 FR 50045, Aug.
20, 2003]