[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR944.28] [Page 324-325] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 944_FRUITS; IMPORT REGULATIONS--Table of Contents Sec. 944.28 Avocado Import Grade Regulation. Sec. 944.28 Avocado Import Grade Regulation. 944.31 Avocado import maturity regulation. 944.106 Grapefruit import regulation. 944.312 Orange import regulation. 944.350 Safeguard procedures for avocados, grapefruit, kiwifruit, olives, oranges, prune variety plums (fresh prunes), and table grapes, exempt from grade, size, quality, and maturity requirements. 944.400 Designated inspection services and procedure for obtaining inspection and certification of imported avocados, grapefruit, kiwifruit, oranges, prune variety plums (fresh prunes), and table grapes regulated under section 8e of the Agricultural Marketing Agreement Act of 1937, as amended. 944.401 Olive Regulation 1. 944.503 Table Grape Import Regulation 4. 944.550 Kiwifruit import regulation. 944.700 Fresh prune import regulation. Authority: 7 U.S.C. 601-674. Editorial Note: After January 1, 1979, Import regulations which are in effect for a year or less, will not be carried in the Code of Federal Regulations. For Federal Register citations affecting these regulations, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. (a) Pursuant to section 8e of the act and Part 944-Fruits; Import Regulations, the importation into the United States of any avocados is prohibited on and after May 28, 1985, unless such avocados grade at least U.S. No. 2, as such grade is defined in the United States Standards for Florida Avocados (7 CFR 51.3050 through 51.3069). Such grade requirement is the same as that specified in Sec. 915.306 for avocados grown in South Florida under M.O. 915 (7 CFR part 915). (b) The Federal or Federal-State Inspection Service, Fruit and Vegetable Division, Agricultural Marketing Service, United States Department of Agriculture, is designated as the government inspection service for certifying the grade, size, quality, and maturity of avocados that are imported into the United States. Inspection by the Federal or Federal-State Inspection Service with evidence thereof in the form of an official inspection certificate, issued by the respective service, applicable to the particular shipment of avocados, is required on all imports. The inspection and certification services will be available upon application in accordance with the rules and regulations governing inspection and certification of fresh fruits, vegetables, and other products (7 CFR part 51) and in accordance with the regulations designating inspection services and procedure for obtaining inspection and certification (7 CFR 944.400). (c) The term importation means release from custody of the United States Customs Service. The term commercial processing into products means the manufacture of avocado product which is preserved by any recognized commercial process, including canning, freezing, dehydrating, drying, the addition of chemical substances, or by fermentation. (d) Any person may import up to 55 pounds of avocados exempt from the requirements specified in this section. (e) Any lot or portion thereof which fails to meet the import requirements, and is not being imported for purposes of consumption by charitable institutions, distribution by relief agencies, seed, or commercial processing into [[Page 325]] products; prior to or after reconditioning may be exported or disposed of under the supervision of the Federal or Federal-State Inspection Service with the costs of certifying the disposal of such lot borne by the importer. (f) The grade, size, and quality requirements of this section shall not be applicable to avocados imported for consumption by charitable institutions, distribution by relief agencies, seed, or commercial processing into products, but shall be subject to the safeguard provisions contained in Sec. 944.350. [50 FR 21032, May 22, 1985, as amended at 58 FR 69185, Dec. 30, 1993]