[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301.38-4]

[Page 17-18]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
 
                         Subpart_Black Stem Rust
 
Sec. 301.38-4  Interstate movement of regulated articles.

    (a) Non-protected areas. (1) Interstate movement of regulated 
articles into or through any State or area that is not designated a 
protected area under Sec. 301.38-3(c) is allowed without restriction 
under this subpart.
    (b) Protected areas--(1) Prohibited movement. The following 
regulated articles are prohibited from moving interstate into or through 
any protected area:
    (i) All Berberis seedlings and plants of less than 2 years' growth, 
and rust-susceptible Berberis plants, seeds, fruits, and other plant 
parts capable of propagation.
    (ii) Rust-susceptible Mahoberberis and Mahonia plants, seedlings, 
seeds, fruits, and other plant parts capable of propagation.
    (2) Restricted movement: The following regulated articles may be 
moved interstate into or through a protected area with a certificate 
issued and attached in accordance with Sec. Sec. 301.38-5 and 301.38-7 
of this subpart:

[[Page 18]]

    (i) Plants of at least two years' growth, seeds, fruits, and other 
plant parts capable of propagation of the genus Berberis that are 
designated as rust-resistant in Sec. 301.38-2(a)(2) of this subpart;
    (ii) Plants, seedlings, seeds, fruits, and other plant parts capable 
of propagation of the genera Mahoberberis and Mahonia that are 
designated as rust-resistant in Sec. 301.38-2(a)(3) of this subpart.
    (c) An inspector may issue a limited permit to allow a regulated 
article not eligible for certification under Sec. 301.38-4(b)(2) to 
move interstate into or through a protected area to a specified 
destination that is stated in the permit and is outside the protected 
area, if the requirements of all other applicable Federal domestic plant 
quarantines are met. A regulated article moved interstate under a 
limited permit must be placed in a closed sealed container that prevents 
unauthorized removal of the regulated article, and that remains sealed 
until the regulated article reaches the final destination stated in the 
permit. At the final destination, the sealed container must be opened 
only in the presence of an inspector or with the authorization of an 
inspector obtained expressly for that shipment.
    (d) The United States Department of Agriculture may move any 
regulated article interstate into or through a protected area in 
accordance with the conditions determined necessary to prevent the 
introduction or spread of black stem rust in protected areas, as 
specified in a Departmental permit issued for this purpose.

[54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002]