[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR944.28]

[Page 320-321]
 
                          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.

    (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).

[[Page 321]]

    (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 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]