[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: 7CFR340.0] [Page 428-429] TITLE 7--AGRICULTURE CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE PART 340_INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED Sec. 340.0 Restrictions on the introduction of regulated articles. THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE PLANT PESTS--Table of Contents Sec. 340.0 Restrictions on the introduction of regulated articles. 340.1 Definitions. 340.2 Groups of organisms which are or contain plant pests and exemptions. 340.3 Notification for the introduction of certain regulated articles. [[Page 429]] 340.4 Permits for the introduction of a regulated article. 340.5 Petition to amend the list of organisms. 340.6 Petition for determination of nonregulated status. 340.7 Marking and identity. 340.8 Container requirements for the movement of regulated articles. 340.9 Cost and charges. Authority: 7 U.S.C. 1622n and 7701-7772; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. Source: 52 FR 22908, June 16, 1987, unless otherwise noted. (a) No person shall introduce any regulated article unless the Administrator is: (1) Notified of the introduction in accordance with Sec. 340.3, or such introduction is authorized by permit in accordance with Sec. 340.4, or such introduction is conditionally exempt from permit requirements under Sec. 340.2(b); and (2) Such introduction is in conformity with all other applicable restrictions in this part. \1\ --------------------------------------------------------------------------- \1\ Part 340 regulates, among other things, the introduction of organisms and products altered or produced through genetic engineering that are plant pests or are believed to be plant pests. The introduction into the United States of such articles also may be subject to other regulations promulgated under the Plant Protection Act (7 U.S.C. 7701- 7772) and found in 7 CFR parts 319, 330, and 360. For example, under regulations promulgated in ``Subpart-Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products'' (7 CFR 319.37-3), a permit is required for the importation of certain classes of nursery stock whether such stock is genetically engineered or not. Accordingly, individuals should refer to those regulations before importing any nursery stock. --------------------------------------------------------------------------- (b) Any regulated article introduced not in compliance with the requirements of this part shall be subject to the immediate application of such remedial measures or safeguards as an inspector determines necessary to prevent the introduction of such plant pests. \2\ --------------------------------------------------------------------------- \2\An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 411, 412, 421, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7731, and 7754). [52 FR 22908, June 16, 1987, as amended at 58 FR 17056, Mar. 31, 1993; 62 FR 23956, May 2, 1997; 66 FR 21058, Apr. 27, 2001]