[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: 7CFR301.45-5]

[Page 27-28]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
 
                           Subpart_Gypsy Moth
 
Sec. 301.45-5  Issuance and cancellation of certificates, limited permits, 
and outdoor household article documents.

    (a) A certificate may be issued by an inspector for the movement of 
a regulated article or an outdoor household article (OHA) if the 
inspector determines that it is eligible for certification for movement 
to any destination under all Federal domestic plant quarantines 
applicable to such article and:
    (1) It has originated in noninfested premises in a generally 
infested area and has not been exposed to the gypsy moth while within 
the generally infested area; or
    (2) The inspector inspects the article no more than 5 days prior to 
the date of movement during the months of April through August (14 days 
prior to the date of movement from September through March) and finds it 
to be free of the gypsy moth; or
    (3) It has been treated under the direction of an inspector to 
destroy the gypsy moth in accordance with the treatment manual; or
    (4) It has been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby as 
determined by an inspector.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of any regulated article under this subpart to 
specified destinations for specified handling, utilization, processing, 
or treatment in accordance with the treatment manual, when, upon 
evaluation of all of the circumstances involved in each case, the 
Administrator determines that such movement will not result in the 
spread of the gypsy moth because life stages of the moths will be 
destroyed by such specified handling, utilization, processing or 
treatment, or the pest will not survive in areas to which shipped, and 
the requirements of all other applicable Federal domestic plant 
quarantines have been met.
    (c) Certificate and limited permit forms may be issued by an 
inspector to any person for use for subsequent shipments of regulated 
articles provided the person is operating under a compliance agreement. 
Any person operating under a compliance agreement may reproduce the 
forms as needed to attach them to regulated articles moved under a 
compliance agreement. Any person operating under a compliance agreement 
may execute and issue the certificate forms or reproduction of such 
forms, for the interstate movement of regulated articles from the 
premises of such person identified in the compliance agreement, if the 
person has treated such regulated articles as specified in the 
compliance agreement, and if the regulated articles are eligible for 
certification for movement to any destination under all applicable 
Federal domestic plant quarantines. Any person operating under a 
compliance agreement may execute and issue the limited permit forms, or 
reproductions of such forms, for the interstate movement of regulated 
articles to specified destinations when an inspector has made the 
determinations specified in paragraph (b) of this section.
    (d) A certificate may be issued by a qualified certified applicator 
for the interstate movement of any outdoor household article or mobile 
home if such qualified certified applicator determines the following:
    (1) That the article has been inspected by the qualified certified 
applicator and found to be free of any life stage of the gypsy moth; or
    (2) That the article has been treated by, or treated under the 
direct supervision of, the qualified certified applicator to destroy any 
life stage of the gypsy moth in accordance with methods and procedures 
prescribed in section III of the Gypsy Moth Program Manual.
    (e) An OHA document may be issued by the owner of an outdoor 
household article for the interstate movement of the article if such 
person has inspected the outdoor household article and has

[[Page 28]]

found it to be free of any life stage of gypsy moth.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by an inspector if he determines that the holder 
thereof has not complied with any condition for the use of such 
document. The reasons for the withdrawal shall be confirmed in writing 
as promptly as circumstances permit. Any person whose certificate or 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within ten (10) days after receiving the written 
notification of the withdrawal. The appeal shall state all of the facts 
and reasons upon which the person relies to show that the certificate or 
permit was wrongfully withdrawn. The Administrator shall grant or deny 
the appeal, in writing, stating the reasons for his 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.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]