§ 319.56-2b - Administrative instructions; conditions governing the entry of acorns and chestnuts.

(a) Countries other than Canada and Mexico. Except for importations of acorns and chestnuts grown in and shipped from Canada and Mexico, acorns and chestnuts are permitted entry into the United States under permit, for purposes other than propagation, under the provisions of § 319.56 as follows:

(1) Condition of entry. Notwithstanding § 319.56-2(e) (1) and (2), all shipments of acorns and chestnuts are required to be treated as a condition of entry. Fumigation with methyl bromide in accordance with procedures described in this section is effective against the chestnut and acorn weevils, Curculio elephas (Cyllenhal) and C. nucum Linnaeus; the nut fruit tortrix, et al., Laspeyresia splendana (Hubner), Laspeyresia spp., and Hemimene juliana (Curtis); and other insect pests of chestnuts and acorns. Accordingly, this treatment is approved as a condition of entry in connection with the issuance of permits under § 319.56-3 for the importation of chestnuts and acorns from any country except Canada and Mexico.

(2) Ports of entry. Acorns and chestnuts to be offered for entry may be shipped from the country of origin to United States ports which are named in the permit.

(3) Approved fumigation. The approved treatment shall consist of fumigation with methyl bromide. The acorns and chestnuts may be fumigated in vacuum or normal atmospheric chambers, van containers, or tarpaulins that have been approved for that purpose by the Plant Protection and Quarantine Programs. When the fumigation is carried out under tarpaulins or in van containers, it must be accomplished in a manner satisfactory to the inspector by insuring adequate air and commodity temperatures, and proper volatilization, distribution, and concentration of the fumigant. Fumigation with methyl bromide shall be in accordance with the following schedules:

(i) In chamber at normal atmospheric pressure (NAP):

Temperature (°F.)Methyl bromide dosage in pounds per 1,000 cu. ft.Exposed period (hours)90-964380-894470-795460-695550-596540-4966

(ii) In chamber at 26″ vacuum:

Temperature (°F.)Methyl bromide dosage in pounds per 1,000 cu. ft.Exposed period (hours)80-963270-794260-694350-594440-4945

(iii) In van containers or under tarpaulins: Fumiscope readings are required to assure minimum gas concentration as specified in this paragraph (a)(3)(iii) of this section at the end of the first one-half hour and at the completion of the exposure period.

Temperature (°F.)Methyl bromide dosage in pounds per 1,000 cu. ft.Exposed period (hours)90-9643(minimum concentration first 1/2 hour—58 oz.).(minimum concentration at completion—34 oz.).80-8944(minimum concentration first 1/2 hour—58 oz.).(minimum concentration at completion—32 oz.).70-7954(minimum concentration first 1/2 hour—72 oz.).(minimum concentration at completion—42 oz.).60-6955(minimum concentration first 1/2 hour—72 oz.).(minimum concentration at completion—40 oz.).50-5965(minimum concentration first 1/2 hour—85 oz.).(minimum concentration at completion—50 oz.).40-4966(minimum concentration first 1/2 hour—85 oz.).(minimum concentration at completion—48 oz.). The fumigation temperatures used in these treatment schedules shall be that of the nut kernels. Acorns and chestnuts fumigated in van containers or under tarpaulins must be stacked in the container to provide for circulation of the fumigant under the load. Refrigerated van containers fitted with floor grooves meet this requirement. Van containers not fitted with floor grooves and tarpaulins should have provision for air circulation under the load by use of dunnage or pallets. Minimum concentrations of fumigant during the exposure period shall be maintained as specified in the treatment schedules. Because of the presence of various gases emitted by the nuts, special filtering procedures will be necessary for determination of the actual fumigant concentrations. At the end of the treatment exposure period the nuts shall be aerated for a minimum of one-half hour.

(4) Supervision of treatment. The treatment approved in this section must be conducted under the supervision of an inspector of the Plant Protection and Quarantine Programs. The inspector shall require such safeguards in each specific case for unloading and handling of the nuts at the port of entry, transportation of the nuts from the place of unloading to the treatment facilities, and their handling during fumigation and aeration as required by paragraph (a)(3) of this section, as he deems necessary to prevent the spread of plant pests and assure compliance with the provisions of this subpart. If any part of the treatment is conducted in the country of origin, the person or organization requesting the service must enter into a formal agreement with the Plant Protection and Quarantine Programs to secure the services of an inspector.

(5) Costs. All costs of treatment, required safeguards, and supervision, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall be borne by the owner of the commodity or his representative.

(6) Department not responsible for damages. The treatment prescribed in paragraph (a)(3) of this section is judged from experimental tests to be safe for use with acorns and chestnuts. However, the Department assumes no responsibility for any damage sustained through or in the course of the treatment, or because of safeguards required under paragraph (a)(4) of this section.

(b) Canada and Mexico. Acorns and chestnuts grown in and shipped from Canada and Mexico for purposes other than propagation are enterable without permit or further restriction under this subpart.

(c) Nuts for propagation. Acorns and chestnuts from any country may be imported for purposes of propagation only in accordance with § 319.37.