§ 319.56-72 - Apples from China.

§ 319.56-72 Apples from China.

Cross Reference

Link to an amendment published at 83 FR 46639, Sept. 14, 2018.

Fresh apples (Malus pumila) from China may be imported into the continental United States from China only under the conditions described in this section. These conditions are designed to prevent the introduction of the following quarantine pests: Adoxophyes orana (Fischer von Röslerstamm), summer fruit tortix; Archips micaceana (Walker), a moth; Argyrotaenia ljungiana (Thunberg), grape tortix; Bactrocera dorsalis (Hendel), Oriental fruit fly; Carposina sasakii Matsumura, peach fruit moth; Cenopalpus pulcher (Canestrini & Fanzago), flat scarlet mite; Cryptoblabes gnidiella (Millière), honeydew moth; Cydia funebrana (Treitschke), plum fruit moth; Euzophera bigella (Zeller), quince moth; Euzophera pyriella Yang, a moth; Grapholita inopinata Heinrich, Manchurian fruit moth; Leucoptera malifoliella (Costa), apple leaf miner; Monilia polystroma van Leeuwen, Asian brown rot; Monilinia fructigena Honey, brown fruit rot; Rhynchites auratus (Scopoli), apricot weevil; Rhynchites bacchus (L.), peach weevil; Rhynchites giganteus Krynicky, a weevil; Rhynchites heros Roelofs, a weevil; Spilonota albicana (Motschulsky), white fruit moth; Spilonota prognathana Snellen, a moth; and Ulodemis trigrapha Meyrick, a moth. The conditions for importation of all fresh apples from China are found in paragraphs (a) through (e) of this section; additional conditions for apples imported from areas of China south of the 33rd parallel are found in paragraph (f) of this section.

(a) General requirements.

(1) The national plant protection organization (NPPO) of China must provide an operational workplan to APHIS that details the activities that the NPPO of China will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section.

(2) The apples must be grown at places of production that are registered with the NPPO of China.

(3) Apples from China may be imported in commercial consignments only.

(b) Place of production requirements.

(1) The place of production must carry out any phytosanitary measures specified for the place of production under the operational workplan as described in the regulations.

(2) When any apples destined for export to the continental United States are still on the tree and are no more than 2.5 centimeters in diameter, double-layered paper bags must be placed wholly over the apples. The bags must remain intact and on the apples until at least 14 days prior to harvest.

(3) The NPPO of China must visit and inspect registered places of production prior to harvest for signs of infestation and/or infection.

(4) If Monilia polystroma van Leeuwen or Monilinia fructigena is detected at a registered place of production, APHIS may reject the consignment or prohibit the importation into the continental United States of apples from the place of production for the remainder of the season. The exportation to the continental United States of apples from the place of production may resume in the next growing season if an investigation is conducted by the NPPO, and APHIS and the NPPO conclude that appropriate remedial action has been taken.

(c) Packinghouse requirements.

(1) Packinghouses must be registered with the NPPO of China, and during the time registered packinghouses are in use for packing apples for export to the continental United States, the packinghouses may only accept apples that are from registered places of production and that are produced in accordance with the requirements of this section.

(2) Packinghouses must have a tracking system in place to readily identify all apples destined for export to the continental United States that enter the packinghouse and be able to trace the apples back to their place of production.

(3) Following the packinghouse inspection, the packinghouse must follow a handling procedure for the apples that is mutually agreed upon by APHIS and the NPPO of China.

(4) The apples must be washed and brushed as well as waxed or sprayed with compressed air prior to shipment.

(5) The apples must be packed in cartons that are labeled with the identity of the place of production and the packinghouse.

(d) Shipping requirements. Sealed containers of apples destined for export to the continental United States must be held in a cold storage facility while awaiting export.

(e) Phytosanitary certificate. Each consignment of apples imported from China into the continental United States must be accompanied by a phytosanitary certificate issued by the NPPO of China with an additional declaration stating that the requirements of this section have been met and the consignment has been inspected by the NPPO and found free of quarantine pests.

(f) Additional conditions for apples from areas of China south of the 33rd parallel. In addition to the conditions in paragraphs (a) through (e) of this section, apples from areas of China south of the 33rd parallel apples must be treated in accordance with 7 CFR part 305.

(Approved by the Office of Management and Budget under control number 0579-0423)

[80 FR 22634, Apr. 23, 2015]