§ 319.37-6 - Phytosanitary certificates.  


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  • § 319.37-6 Specific treatment and other requirements.

    (a) The following seeds and bulbs may be imported into the United States from designated countries and localities only if they have been treated for the specified pests in accordance with part 305 of this chapter. Seeds and bulbs treated prior to importation outside the United States must be treated in accordance with § 319.37-13(c). An inspector may require treatment within the United States of articles that have been treated prior to importation outside the United States if such treatment is determined to be necessary:

    Seed/bulb Country/locality Pest(s) for which treatment is required
    Abelmoschus spp. (okra) seeds All Pectinophora gossypiella (Saunders) (pink bollworm).
    Allium sativum (garlic) bulbs Algeria, Armenia, Austria, Azerbaijan, Belarus, Croatia, Czech Republic, Egypt, France, Georgia, Germany, Greece, Hungary, Iran, Israel, Italy, Kazakhstan, Kyrgyzstan, Republic of Moldova, Morocco, Portugal, Serbia and Montenegro, Slovakia, Slovenia, Republic of South Africa, Spain, Switzerland, Syria, Russian Federation, Tajikistan, Turkey, Turkmenistan, Ukraine, and Uzbekistan Brachycerus spp. and Dyspessa ulula (Bkh.).
    Castanea seeds All except Canada and Mexico Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn.
    Dioscorea spp. (yam) plants for planting, including, but not limited to, bulbs, minisetts, and yam-setts All countries, except as provided in paragraphs (e)(1) through (e)(3) of this section A diversity of internal and external feeders, including but not limited to: Aspiditosis hartii (yam scale) and Palaeopus costicollis (yam weevil).
    Guizotia abyssinica (niger) seeds All (see paragraph (c) of this section) Cuscuta spp., and other noxious weeds listed in 7 CFR 360.200.
    Hibiscus spp. (hibiscus, rose mallow) seeds All, with the exception of kenaf seed (Hibiscus cannabinus) from Mexico that is to be imported into pink bollworm generally infested areas listed in § 301.52-2a of this chapter Pectinophora gossypiella (Saunders) (pink bollworm).
    Lathyrus spp. (sweet pea, peavine) seeds All except North America and Central America Insects of the family Bruchidae.
    Lens spp. (lentil) seeds All except North America and Central America Insects of the family Bruchidae.
    Quercus seeds All except Canada and Mexico Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn.
    Rutaceae, seeds of all species in the family Afghanistan, Andaman Islands, Caroline Islands, Fiji Islands, Home Island in Cocos (Keeling) Islands, Hong Kong, Ivory Coast, Kampuchea, Korea, Mozambique, Oman, Rodriquez Island, Seychelles, Thursday Island, United Arab Emirates, and Zaire. Xanthomonas citri subsp. citri (citrus canker).
    Vicia spp. (fava bean, vetch) seeds All except North America and Central America Insects of the family Bruchidae.

    (b) Seeds and bulbs that are treated within the United States must be treated at the time of importation into the United States.

    (c) Seeds of Guizotia abyssinica (niger seed) that are treated prior to shipment to the United States must be treated at a facility that is approved by APHIS[6] and that operates in compliance with a written agreement between the treatment facility owner and the plant protection service of the exporting country, in which the treatment facility owner agrees to comply with the provisions of this section and allow inspectors and representatives of the plant protection service of the exporting country access to the treatment facility as necessary to monitor compliance with the regulations. Treatments must be certified in accordance with the conditions described in § 319.37-13(c).

    (d) Shipments of kenaf (Hibiscus cannabinus) seed from Mexico that are imported into pink bollworm generally infested areas listed in § 301.52-2a shall be subject to inspection, and shall immediately, upon release, be subject to the domestic pink bollworm quarantine regulations in §§ 301.52 through 301.52-10, “Subpart - Pink Bollworm,” of this chapter.

    (e) Dioscorea spp. (yam) plants for planting, including, but not limited to, bulbs, minisetts, and yam-setts, may be imported into the United States without being treated in accordance with part 305 of this chapter if:

    (1) They are imported from Japan.

    (2) They are imported from the Dominican Republic into Puerto Rico.

    (3) They are imported from the West Indies into the U.S. Virgin Islands.

    [72 FR 43521, Aug. 6, 2007, as amended at 75 FR 17294, Apr. 6, 2010; 75 FR 68952, Nov. 10, 2010; 76 FR 67583, Nov. 2, 2011; 79 FR 19810, Apr. 10, 2014; 79 FR 74593, Dec. 16, 2014]