§ 319.56-75 - Andean blackberries and raspberries from Ecuador.

§ 319.56-75 Andean blackberries and raspberries from Ecuador.

Cross Reference

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

Andean blackberries (Rubus glaucus Benth) and raspberries (Rubus idaeus Linnaeus) may be imported into the continental United States from Ecuador under the conditions described in this section and other applicable provisions of this subpart. These conditions are designed to prevent the introduction of the following quarantine pests: Anastrepha fraterculus, Ceratitis capitata, and Copitarsia decolora.

(a) General requirements.

(1) The national plant protection organization (NPPO) of Ecuador must provide an operational workplan to APHIS that details the systems approach to pest mitigations and other specific requirements that the NPPO of Ecuador will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section.

(2) APHIS will be directly involved with the NPPO of Ecuador in monitoring and auditing implementation of the systems approach.

(3) Andean blackberry and raspberry fruit from Ecuador may be imported into the continental United States in commercial consignments only.

(b) Production site requirements.

(1) Each production site must carry out the phytosanitary measures specified in the APHIS-approved operational workplan.

(2) All places of production that participate in the export program must be approved by and registered with the NPPO of Ecuador. APHIS reserves the right to conduct oversight visits in the event of pest interceptions or other problems.

(3) The NPPO of Ecuador or their designee must conduct a fruit fly trapping program for the detection of Anastrepha fraterculus at each production site in accordance with the operational workplan. If a designee conducts the program, the designation must be detailed in the operational workplan. The approved designee can be a contracted entity, a coalition of growers, or the growers themselves.

(4) The NPPO of Ecuador must maintain records of trap placement, trap checks, and any captures of Anastrepha fraterculus. The trapping records must be maintained for APHIS' review for at least 1 year.

(5) The NPPO of Ecuador must maintain a quality control program, approved by APHIS, to monitor or audit the trapping program in accordance with the operational workplan.

(c) Packinghouse requirements.

(1) Packinghouses must be registered with the NPPO of Ecuador and comply with the requirements as specified in the operational workplan.

(2) While in use for exporting Andean blackberries and raspberries to the continental United States, the packinghouses may only accept fruit from registered production sites.

(3) If a single Anastrepha fraterculus, Ceratitis capitata, or Copitarsia decolora is detected by the NPPO in a consignment, the consignment may not be exported to the United States. Furthermore, if a single Anastrepha fraterculus or Ceratitis capitata is detected in a consignment at the port of entry and traced back to a registered production site, that production site will lose its ability to export Andean blackberries and raspberries to the continental United States until APHIS and the NPPO of Ecuador mutually determine that risk mitigation is achieved.

(d) Phytosanitary certificate. Each consignment of Andean blackberries and/or raspberries must be accompanied by a phytosanitary certificate issued by the NPPO of Ecuador and bear an additional declaration stating that the consignment was produced and prepared for export in accordance with the requirements of § 319.56-75.

(Approved by the Office of Management and Budget under control number 0579-0435)

[81 FR 20527, Apr. 8, 2016]