§ 301.52 - Quarantine; restriction on interstate movement of specified regulated articles.

§ 301.52 Quarantine; restriction on interstate movement of specified regulated articles.

Cross Reference

Link to an amendment published at 87 FR 80006, Dec. 29, 2022.

(a) Notice of quarantine. The following States are quarantined to prevent the spread of the pink bollworm (Pectinophora gossypiella (Saund.)): Arizona, California, New Mexico, and TexasFlorida.

(b) Regulated articles. No common carrier or other person shall move interstate from any quarantined State any regulated article, except in accordance with this subpart. The following are regulated articles:

(1) Cotton and wild cotton, including all parts of these plants.

(2) Seed cotton.

(3) Cottonseed.

(4) American-Egyptian (long-staple) varieties of cotton lint, linters, and lint cleaner waste; except:^[1]

(i) American-Egyptian cotton lint, linters, and lint cleaner waste compressed to a density of at least 22 pounds per cubic foot.

(ii) Trade samples of American-Egyptian cotton lint and linters.

(5) Cotton waste produced at cotton gins and cottonseed oil mills.

(6) Cotton gin trash.

(7) Used bagging and other used wrappers for cotton.

(8) Used cotton harvesting equipment and used cotton ginning and used cotton oil mill equipment.

(9) Kenaf, including all parts of the plants.

(10) Okra, including all parts of these plants, except:

(i) Canned or frozen okra; or

(ii) Okra seed; and

(iii) Fresh, edible fruits of okra:

(A) During December 1 through May 15 if moved interstate, but only during January 1 through March 15 if moved to California.

(B) During May 16 through November 30, if moved interstate to any portion of Illinois, Kentucky, Missouri, or Virginia that is north of the 38th parallel; or to any destination in Colorado, Connecticut, Delaware, District of Columbia, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, or Wyoming.

(11) Any

List of regulated articles. The Deputy Administrator has determined that certain articles present a risk of spreading pink bollworm. A list of all such regulated articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests. Lists of all regulated articles may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.

(c) Normal process for designating additional regulated articles.

(1) If the Deputy Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests presents a risk of spreading pink bollworm, APHIS will publish a notice in the Federal Register proposing to designate the article as a regulated article for pink bollworm. The notice will provide the basis for this determination, and will request public comment.

(2) If no comments are received on the notice, or if the comments do not change the Deputy Administrator's determination, APHIS will publish a second notice in the Federal Register designating the article as a regulated article for pink bollworm and listing it.

(d) Immediate designation of regulated articles. An inspector may designate any other product, article, or means of conveyance

not covered by paragraphs (b)(1) through (10) of this section, when an

as a regulated article for pink bollworm, if the inspector determines that it presents a risk of

spread of the

spreading pink bollworm, and after the inspector provides actual notification to the person in possession of the product, article, or means of conveyance

has actual notice

that it is subject to the restrictions of this subpart.

[32 87 FR 1638580006, NovDec. 3029, 1967]

Editorial Note

Editorial Note:

For Federal Register citations affecting § 301.52, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Footnotes - 301.52

^[1] The articles hereby exempted remain subject to applicable restrictions under other quarantines and must have not been exposed to pink bollworm infestation after ginning or compression as prescribed.

2022]