[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: 7CFR999]

[Page 732-734]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 999_SPECIALTY CROPS; IMPORT REGULATIONS--Table of Contents
 
Sec.  999.100  Regulation governing imports of walnuts.

    (a) Definitions. (1) Walnuts means all walnuts commonly known as 
English or Persian walnuts (Juglans regia).
    (2) Inshell walnuts means walnuts, the kernels or edible portions of 
which are contained in the shell.
    (3) Shelled walnuts means the kernels of walnuts after the shells 
are removed.
    (4) Person means any individual, partnership, corporation, 
association, or other business unit.
    (5) USDA Inspector means any Federal or Federal-State inspector of 
the Fresh Products Standardization and Inspection Branch of the Fruit 
and Vegetable Division, Consumer and Marketing Service, United States 
Department of Agriculture.

[[Page 733]]

    (6) Importation of walnuts means the release of walnuts from the 
custody of the United States Customs Service.
    (b) Grade and size regulations. No person may import walnuts 
(Juglans regia) into the United States unless such walnuts have been 
inspected and certified by a USDA inspector as meeting the following 
requirements:
    (1) Inshell walnuts. All inshell walnuts shall be of a quality equal 
to or better than the requirements of U.S. No. 2 and ``baby'' size as 
prescribed in the United States Standards for Walnuts (Juglans regia) in 
the Shell (Sec. Sec.  51.2945 through 51.2966 of this title); or
    (2) Shelled walnuts. All shelled walnuts shall be of a quality equal 
to or better than the requirements for U.S. Commercial Grade as 
prescribed in the United States Standards for Shelled Walnuts (Juglans 
regia) (Sec. Sec.  51.2275 through 51.2294 of this title excluding 
Sec. Sec.  51.2278(b), 51.2284 and 51.2285) effective January 25, 1959, 
except that the minimum size shall be pieces not more than five percent 
of which will pass through a round opening \6/64\ inch in diameter and 
no other size requirements shall apply.
    (c) Inspection and certification. (1) All inspections and 
certifications required by paragraph (b) of this section shall be made 
by USDA inspectors in accordance with the regulations governing the 
inspection and certification of fresh fruits, vegetables, and other 
products (Part 51 of this title). The cost of inspection and 
certification shall be borne by the applicant.
    (2) Each inspection certificate shall set forth among other things 
the following:
    (i) The date and place of inspection;
    (ii) The name of the applicant;
    (iii) The name of the importer;
    (iv) The quantity and identifying marks of the container; and
    (v) The statement, if applicable, ``Meets U.S. import requirements 
under section 8e of the Agricultural Marketing Agreement Act of 1937''.
    (3) Whenever walnuts are offered for inspection, the applicant shall 
furnish any labor and pay any costs incurred in moving and opening 
containers as may be necessary for proper sampling and inspection. The 
applicant shall also furnish the USDA inspector the entry number and 
such other identifying information for each lot as he may request.
    (4) Inspection must be completed prior to the importation of 
walnuts. To avoid delay the applicant should make advance arrangements 
with the USDA inspection office.
    (d) Reconditioning prior to importation. Nothing contained in this 
section shall be deemed to preclude reconditioning walnuts prior to 
importation, in order that such walnuts may be made eligible to meet the 
grade and size regulations prescribed in paragraph (b) of this section.
    (e)(1) Minimum quantity. Notwithstanding any other provision of this 
section, the importation of any lot of walnuts which does not exceed, in 
net weight, 60 pounds of shelled walnuts or 115 pounds of inshell 
walnuts shall be exempt from the requirements of this section.
    (2) Exemptions. The grade, size, quality and maturity requirements 
of this section shall not apply to walnuts which are: green walnuts (so 
immature that they cannot be used for drying and sale as dried walnuts); 
walnuts used in non-competitive outlets such as use by charitable 
institutions, relief agencies, governmental agencies for school lunch 
programs, and diversion to animal feed or oil manufacture, but such 
walnuts shall be subject to the safeguard provisions contained in Sec.  
999.500.
    (f) Other import requirements. The provisions of this section do not 
supersede any restrictions or prohibitions on walnuts under the Federal 
Plant Quarantine Act of 1912, or any other applicable laws or 
regulations of city, county, State, or Federal Agencies including the 
Federal Food, Drug and Cosmetic Act.
    (g) Compliance. Any person violating any of the provisions of this 
regulation is subject to a forfeiture in the amount prescribed in 
section 608a(5) of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), or, upon conviction, a penalty in the amount 
prescribed in section 608c(14) of said act, or to both such forfeiture 
and penalty. False representations in any matter within the jurisdiction 
of any agency of the United States, knowing

[[Page 734]]

it to be false, is a violation of 18 U.S.C. 1001 which provides for a 
fine or imprisonment or both.

[29 FR 230, Jan. 9, 1964, as amended at 40 FR 29263, July 11, 1975; 41 
FR 2075, Jan. 14, 1976; 42 FR 35146, July 8, 1977; 58 FR 69190, Dec. 30, 
1993]