[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: 7CFR330.204]

[Page 410-411]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 330_FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, 
STONE, AND QUARRY PRODUCTS; GARBAGE--Table of Contents
 
                     Subpart_Movement of Plant Pests
 
Sec. 330.204  Denial or cancellation of permits; reconsiderations.

    (a) The Deputy Administrator will deny an application for a permit 
to move a plant pest when, in his opinion, such movement would involve a 
danger of dissemination of the pest. Danger of plant pest dissemination 
may be deemed to exist when:
    (1) No acceptable safeguards adequate to prevent plant pest 
dissemination can be arranged;
    (2) The destructive potential of the plant pest to plants, and parts 
and products thereof, should it escape despite proposed safeguards, 
outweighs the probable benefits to be derived from the proposed movement 
and use of the pest;
    (3) The applicant, as a previous permittee, failed to maintain the 
safeguards or otherwise observe the conditions prescribed in a previous 
permit and failed to demonstrate his ability or intent to observe them 
in the future;
    (4) The movement is adverse to the conduct of an eradication, 
suppression, control, or regulatory program of the Animal and Plant 
Health Inspection Service; or
    (5) The movement is objected to in writing by an appropriate 
official of a State, Territory or possession, or the District of 
Columbia on the ground it will involve a danger of dissemination of the 
plant pest into the State, Territory or possession, or District.
    (b) The Deputy Administrator may cancel any outstanding permit 
whenever:
    (1) Information is received subsequent to the issuance of the permit 
of circumstances that constitute cause for the denial of an application 
for permit under paragraph (a) of this section; or
    (2) The permittee has not maintained the safeguards or otherwise 
observed the conditions specified in the permit or in any applicable 
regulations or administrative instructions.
    (c) Any person denied a permit, or whose permit has been canceled, 
may request the Deputy Administrator in

[[Page 411]]

person or in writing for a reconsideration, and may submit any 
additional information he may have to support the original application.