Title 7--Agriculture, Chapter III--Bureau of Entomology and Plant Quarantine, part 301--domestic quarantine notices

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Title 7--Agriculture, Chapter III--Bureau of Entomology and Plant Quarantine, part 301--domestic quarantine notices
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United States -- Bureau of Entomology and Plant Quarantine
United States -- Plant Quarantine and Control Administration
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B. h. I' Q. 58 Revislon of QuilrantI ien and lRegnllatl1iP
Efft'ctiv1 J t3 ii 'try 22, 11-11.

Title 7-Agriculture

CHAPTER III-BUREAU OF ENTOMOLOGY AND PLANT
QUARANTINE

PART 301-DOMESTIC QUARANTINE NOTICES

[FRUIT AND VEGETABLE QUARANTINE OF
PUERTO RICO]



INTRODUCTORY NOTE

The considerable fund of knowledge accumulated from insect studies and
Inspetxtion records during the last decade in Puerto lRi'o and elsewhere now
permits a still further liberalization of the regulations governing tile movement
of fruits and vegetables frum the Island under thle subl;iart entitled "Hawaiian
and Puerto Rican Fruits and Vegetables," of Part 301, Chapter III, Title 7,
Code of Federal Regulations [B. E. P. Q.-Q. 5S, as amended]. It is believed
that the protection afforded by this quarantine will not be lessened by these
modifications, the principal effect of which is to remove a considerable list of
products from the certification and marking requirement,. Exemption from
these requirements will be continued lunless infestation conditions should make
it necessary to restore this procedure for speXcific products or individual lots or
shipments.
In addition, fumigation for pod beans and pigeonpeas will now be required;
peplers and green corn will still require certification; iand certification will like-
wise be required for citrus fruits when destined to Ipirts other than those on
the Atlantic seaboard north of and including Baltimore. Among other modi-
fications it is to be noted that okra will not now be included in the admissible
list. This is on account of evidence recently obtained indicating that infest;a-
tions of pink bollworm have occurred in commercial shipments of okra. Frteshl
banana leaves free from stalk and midrib will now be allowed to move without
certification; yam, mangosteen, papaya, and apio (celery ro(ot), which have
been brought up for consideration since the first amendment of these regula-
tions was issued on December 13, 1932, will now blie inclu(led among the prod-
ucts exempt from certification; and, in the interest of clarity, a few minor
changes in product names are made herein.
Finally, provision has been made to authorize inclusion of other requested
additional products for shipment when it c.:in lie established that, under
suitable treatment, or as packed and shipped, their movement can be safely
permitted.

DETERMINATION OF THE SECRETARY OF AGRICULTURE

The Secretary of Agriculture, having determined that it was lnec-essary to
quarantine Puerto Rico, in order to prevent the spraitdl therefro0n of cer-
tain injurious insects, including the West Indian fruitily (.ia.nt.rup/h frat ir-
culus Wied.) and the bean and pod borer (Maru.a te('.tullix Gey'r'), not tlirrete-
fore widely prevalent or dlistributEd within and! throughout tlte Unititedl Stat.s,
and having given the public hearing required by law, p rnmulgate-d Notice orf
Quarantine 301.58, I'Part 301, (C'ha'pter III, Title 7, Code of Feder;il Regulatlions,
and rules and regulations sulpp)lemental thereto governing the moveeni t of
fruits and vegetables from Puerto Rico, 301.5.,-1 to 12. inclusive. Part 301,
Chapter III, Title 7, Code( of Federal Regulations [B. ".. I Q.-Q. 70, efltective,
July 1, I.R25, as amended ].
I have now deterniined that the West Indian friitfly, desigii.Ited in Mie
aforesaid Notice of Quarantine and rules and regulintii s :is Ansttrepha a fratcr-
oulu* (Wied.). includes several distlunct species, recognized as A. susapnsa
3067T2-41






2

(Loew) and -1. )noi.binfpracoptfns Sein, and probably still other fruitfly species.
For this reason and for the reason that it appears that the provisions of the
rules and regulations supplemental to the said Notice of Quarantine may
safely be liberalized, I have further determined that the said Notice of Quaran-
tine and rules and regulations should be revised.

ORDER OF THE SECRETARY OF AGRICULTURE

SPursuant to the authority conferred upon the Secretary of Agriculture by
Section 8 of the Plant Quarantine Act of August 20, 1912, as amended (7 U. S. C.
161), the subpart, entitled "Hawaiian and Puerto Rican Fruits and Vegetables",
of Part 301, Chapter III, Title 7, Code of Federal Regulations [B. E. P. Q.-Q. 58,
-s amended], is hereby revised, effective January 22, 1941, to read as follows:

SUBPART-PUERTO RICAN FRUITS AND VEGETABLES
QUARANTINE
301.58 Notice of Quarantine.-Under the authority conferred upon the
Secretary of Agriculture by Section 8 of the Plant Quarantine Act of August
20. 1912, as amended (7 U. S. C. 161), Puerto Rico is quarantined effective on
and after January 22, 1941, in order to prevent the spread therefrom of certain
injurious insects, including the fruitflies Anastrephia suspensa (Loew), and
A. mombinpraeoptans Sein, and probably still other fruitfly species, and the
bean pod borer Maruca tcstufali.? (Geyer), not heretofore widely prevalent or
distributed within and throughout the United States. As provided in the
said Plant Quarantine Act, fruits and vegetables shall not be shipped, offered
for shipment to a common carrier, received for transportation or transported
by a common carrier, transported, moved, or allowed to be moved from Puerto
Rico into or through any other State or Territory or District of the United
States, in manner or method or under conditions other than those prescribed
in the rules and regulations supplemental hereto and in amendments thereof:
Provided, That whenever the Chief of the Bureau of Entomology and Plant
Quarantine shall find that facts exist as to the pest risk involved in the move-
ment of one or more of the articles to which the regulations supplemental hereto
apply, making it safe to modify, by making less stringent, the restrictions con-
tained in any such regulations, he shall set forth and publish such findings
in administrative instructions, specifying the manner in which the applicable
regulations should be made less stringent, whereupon such modification shall
bh come effective.
This section leaves in full effect 301.30 [B. E. P. Q.-Q. 30, revised effective
October 10, 1934], which prohibits the movement from Hawaii and Puerto Rico
into or through any other State, Territory, or District of the United States
of all varieties- of sweetpotatoes (Iponoca batatas).
RULES AND REGULATIONS

301.58-1 Drflnitions.-(a) Fre.sh fruits and vegetables. The edible, more or
less succulent, portions of food plants in the raw or unprocessed state, such as
banannas, oranges, grapefruit, pineapples, tomatoes, peppers, lettuce, etc.
(b) Plant li-tter. Leaves, twigs, or other portions of plants, or plant remains
or rubbish is distinguished from clean fruits and vegetables, or other com-
mercial articles.
(o) Inspc.tor. An inspector of the Bureau of Entomology and Plant Quaran-
eine, Tnited States Department of Agriculture.
301.58-2 Fruits and vegetables the mouemrnt of which is prohibited.-Move-
ment from Puerto Rico into or through any other State, Territory, or District of
the United States of fruits of mango (!angifcrao spp.), jobo (Spondias spp.),
guava (Psidiuni guajara), and pomarrosa or rose apple (Euqenia jambos), and
all other fruits and vegetables for which movement is not authorized in
301.58-3 hereof, is prohibited: Prorided, That any fruit or vegetable the move-
ment of which is thus prohibited may lie removed from a prohibited status and
included in the list for which movement is authorized in 301.5S-3, by adminis-
trative instructions issued 1by the Chief of Ihe Bureau of Entomology and Plant
Quarantine when evidence satisfactory to him is obtained that the movement
of the product in question, either subject to a specified treatment, or as packed
and shipped, will not result in the dissemination of injurious insects.








301.-5--3 F'ruits (71' 1.( '/ t11 I'l, thl. n:ofI n' it ',f ir h l is uilhri'end.r-(a)
Subject to lihe t'iinditionlls nd limnita:tion llS ioted l'rlt'iil, andi to such Ireatllilit
as is hlientin or maI let t' Ifer I' pI resr'ied I y til' fhite f t"f wth Blureau uf
Entomology andl Plaint Quarantinie. tihe followiing friits antd vt-getables maiy be
nmIoved or allowed toi i1e mnivedt fr-'mi Puerto Iico into or through any;i. ot'r
State. Territory, or Di-trict of tli1 United State's wh'ie tu-h friits or veget:dable';
are free froni plant litter, are t iarked it cijomIplianil'e with 34)1..."S-.4;, :1i have
beenll inslettetd 1. :i an inspector aind certified lby liiin to lIt- free from injuriosll
inset infestation, intl nm1di l, thie West Ilndii 1 fruittly and tlhe bean pod borer,
or to have been given tlit prrescribtd treatment :
string aliens. ii lilelnks. fa b;a lK',1,s. :1(d igi'( ,jiiis. in Ilie' pid. will be
certified for movement only wlmt'i tleV lhy ave be1'0n tIr'nt.i'd Is lprescribed by thl'
Chief of thlie lBureau of Entonioligy and I'lmnt QuairIIi jilte' ut(1d iuider tlie su-
pCervisionI of nn Insleetor.
('irrus fruits orangee, grn;ipefr'uit, It'mon, citron, nad lime).
('orn (sweet Corn on cobl).
Peppers.
(b) Tlie following fruits ind vegt'ntiltl-' are s.iibjoet to inspection,' either in
the field or when P 'res1nt'ed for shipment, as tli' in-Ipector m;iy rtij iire, hut unless
found by him to be infested sill be free to move withiott C.trtifica.1tii. mjuirk-
ing, treatment, or othl'r reijimirtements of th1es1e tregml;titniS. V(XC'!it that thliey
must be free from plant litter an(d soil; Proridcd. That if the inspector shall
find any field, grove, lot, sliipmenrt, or container of such fruits iand v1'getables
infested with injurious insects, he(, shall notify the owner or piers.on in charge, in
writing, of the existence of the infestation ;ndl tlhe extent tliert'vof. and thereafter
movement of the fruit or vegetable so specifie'i si:ll be pruloilited while the
infestation persists, uniiles in tlhe judgment of the inspector nmovenient may be
safely allowed subject to certification after leaving been given :nu approved
treatment, or after sorting, conditioning, or other effective ,-af'gmard mea-.ur.s:
Algarroba pods (Hymcnaca comba, i7).
Alliunm pp (onion. cliive, garlic, li'ek. scallion, shallot).
Anise (Pimpintclla anisium).
Apii. celery ro')t ( Arracaia rxanthfijrr, iza).
A,'rwroot IMranta ariundinacca).
Artichoke. Jerusalem (Helianthus tubcro.'usi).
A.spa ra .us.
Avocado.
Balsaniaiip'le. balkani-poanr (Mfomordica bal.tamina; if. charantia).
Banana and plantain (fruit).
Bananat leaves ( fresn. without stalks or midrib).
Beans (fresh shelld lima and faba beans).
Beet. including Swiss chard.
Bras8ica olcracca (cabbag, cauliflower, Brussels sprouts. broccoli, col'ard, k1ale. kohbirabi.
Savoy).
Breadfruit. jackfruit (.4rtoc-a.rpus spli.).
Cacao bean (Theobioma cacao).
Carrot.
Celery.
Chayote (Sechium cdule).
Chicory, endive (Cichirium intybu.,).
Citrus fruit (citron. grar,,fruir. lemon. lime. anwl orange) destined for ports on the
AtLintic seaboard north of and including Baltimore.
Cucumbers. including Angola cucumber (Sicania odoran(a).
('ulantro. -oriandetr l 'rn !/iii/n otfi titiim ; I'Yriandrum ,ff attir n).
D-i:shpen. malan2a. taro ((.'o/oasiia and Caldium spp ).
Ezgplant.
Fennel.
Ginger root (Zingibcr officinaile).
Kudlzu (Put r'tria i/n tin bcrfiqti i.
I.re.ns, sweet corn root (Calathe's allouia).
L-ttuce.
Marig,,steen (Gfircinia m fang,'man).
Mustard ,reens.
Palin hearts.
Papaya, I-cho-a (C'aricz paiiapa),
Parsley.
P~ir:nip
Pt as (in pod) (Pi,'iim islirum).
P g',onpr':i (freih slt-lled).
Pinealpple.
Pota 10o.
Qtneu-pa (.Ilicoc ua bi/uga).

'The following nre not inlei i rf.-td ns froe.-hb fruits anmd % e!t.'? llI-s witlii i th,' iltealiinig
otf 301.5% [B. K. P. Q.- Q. .5. rt'visu l] : t<.'ocaJ It., bre.:dii .ls. diried |':i i aind bean.-.
dried si-'ds. dri-d (i r cu' il iii'-diciia]l pl.,its an'] hvrl.-. iiiIt',i s'-edsi (i ti biit'), giurdi
(hig'i,-rui, ,'m; ee.h,.m ti.ll fruit (C'iu'll oiu / t'i /u'if e .C',i ,.,-), :ii 'l tll', ,r .









Radish.
Rhubarb.
RIiut ahg.'t.
Spinach.
Squash, pumpkin, watermelon, vegetable marrow, cantaloup, calabaza.
Strawberry.
Tamnarind beainpod (Tamiarindu- indica).
Tomato.
Turnip.
Water. ess.
Waiterlily root. lotus root (Nelunmbiu.mni nelumbo).
Yam, flame (Dio.scorea spp.)
Ynutia. tanier (Xanthosomna spp.).
Yuca, cassava (Manihot esculenta).
301.58-4 Application for inspection.-Persons intending to move any of the
fruits or vegetables for which certification is required under 301.58-3 from
Puerto Rico into or through any other State, Territory, or District of the United
States shall mvike application for inspection thereof as far as possible in
advance of the probable date of shipment. The application shall show the
quantity of the fruits or vegetables which it is proposed to move, their identify-
ing marks and nuinbers, their exact location, and the contemplated date of ship-
ment. Forms on which to make application for inspection will be furnished,
u11pon request, by the United States Department of Agriculture, Bureau of
Entomology and Plant Quarantine.
301.5S-5 Certification of slilpnimcnt.s.-Fruits and vegetables for which certifi-
cation is required under 301.58-3 shall not be moved from Puerto Rico into
or through any other State, Territory, or District of the United States, by ship,
vessel, aircraft, or otherwise, unless each shipment is accompanied by a cer-
tificate issued by an inspector showing that such fruits or vegetables have been
inspected and pronounced free from injurious insect infestation, including the
West Indian fruitfly and the bean pod borer, or that the required treatment
lias been given. Copies of inspection certificates small accompany the manifests,
imemioranda, or bills of lading pertaining to such shipments.
No charge will be made for the inspector's service in inspection and certifica-
tion, but all costs for labor, cartage, storage, packing and unpacking, and other
expnsis incidental to inspection shall be borne by the shipper. Applicants for
inspection sihall place thle fruits or vegetables to be inspected so that they can
be readily examined; if not so placed, inspection will be refused.
301.5S-6 Ma.'-king of con thinrs.-No fruits or vegetables for which certifica-
tion is required under 301.58-3 shall be moved from Puerto Rico into or
through any othlier State, Territory, or District of the United States unless the
crate, box, bale, or other container thereof is so marked with the marks and
numbers given on the application that it may be identified at the port of first
arrival.
301.58-7 Fruits and rgyclablcs as .slip.s' stores or in the possession of
pa.!icngcrs. and crew.-The movement of fruits and vegetables is permitted
from Puerto Rico as ships' stores or in the possession of passengers and crew
on .,hips, vessels, or aircraft plying between Puerto Rico and any other State,
Territory, or District of the United States: Provided, That all such products, on
arrival in the United Stales must be .sublmitted for inspection and disposition as
provided in :01.).S- and 301.58-11 hereof, and (1) they must be free from
infstation with injurious insects; (2) those fruits and vegetables not listed
in 301.58-3 shalll not lie landed; (3) prohibited fruits and vegetables retained
alo; ird shall be subject to the s;afeguards provided in 352.8 [regulation 6 of
lh,' Plant Safeguard Rgiflations].
001.5S-8 Inx.jic.tioit of ri ..cls.-Inspectors are authorized to enter upon
shills, ves ,is, ;nd aircraft from Puerto Rico at any time after they come within
th, territoy or territorial w;aters of any other State, Territory, or District of
Ilie United kSt;tes. whtlier in hile streani or at the dock, wharf, mole, or landing
field for the liurp,-e of asc(-rtaining by inspection whether any of the fruits
and v(.,,alil.s ciivered by this (livi;rantine are contained in such ships, vessels,
or aircraft as car-, or slijips' stores, or whether there remains any infestation
from schl fruits or vegetables.
3 i1.5s-9 Di.til tf, i.ioi of rs(r..ls.-Disinf(ection under the direction of and in
the manner prescribed by the inspector of any ship, vessel, or aircraft plying
betwi-en Puerto Rico and any other State, Territory, or Dis.triet of tlhe United
States ip'in arrival at the dI ck, wharf, mole, or laniling field may be required
if tli,, ship. vessel, or aircraft is found to (contain or to be contaminated with
ary of the fruits or vegetables infested with injurious insects. Such disinfec-







lion shall be performed by thell person haing charge or possession of the ship,
vessel, or aircraft and at a place satisfactory to the i.nspectorI. WVhen such ship,
vessel, or aircraft has been disinfected in a manner satisfactory to such in-
spector, ihe shall immediately issue and deliver to the i'erson having charge
or possessesion thilereof i certificate to that effect.
301.58-10 Inspcetion of cfrqo.-Inspectors are authorized to ascertain by
inspection of the cargo of ailly ship, vessel, or aircraft plying between Puerto
Rico and any other State, Territory, or District of the United Slatees at the port
of first arrival, that each lot or shipment moving under certification igrees in
nature and amount with tlie certliticate. and that all s1ipmentivits of fruits and
vegetables for which a certificate is requ(llired are duly cArtifid; to determine, in
the case of fruits alld( vegetables the movement of whliclh is not auii(orized,
if infestation is present; anld to re-quire for such unauthorized .shiupments safe-
guards. treatment, return, or (Idstruicti(on, as may he nIecessary to prevent the
dissemination of injurioums insects.
3 301.5^-11 1Int.p 'tion of bz!/!19{'.-Inspectors are awltlihirized to ascert;inh by
inspliction whether ally of hei frtilits or vegetables covered by this qiuarantine
ire contained ill tlhe baggage or other personal beloniigs Aif p)assetngers and
members of thle crew onil ships, vessels, or aircraft plying. between Puerill, Rico
and any other State, Territory, or District of the United Stati's. to d(leftermine
whether the same are infested with injurious insects, and in the case of infested
or iunauthorized products to require such safegamrding, treatment, or destructiiin
as in the jid(lgnenlt of the inspector may be necessary. For the purpose of such
inspection lan ilnspect(,r is authorized to open any box. bale, crate, bundle, or
other pak:ige, including trunks, which may contain or le liablle to eCtintain
any of tle fruits or vegetables covered by this quarantine. Such lbaggage in-
spection sliall lie made at the dock, airport, or lIndimng field at the port of
debarkation within any State. Territory, or District of thie I'United States otIlier
than Puerto Rico. as the ilnspector may requliire, and no suh1 ba ggage or persilul
belongings of )passengers or crew shall be removed from such dowk. airport,
or finding field until the same have been inslieete(d anud passed by an inspector.
301.5R-12 Bayi/ftflr d(cr.lrftions.-Before auy ship, vess.l. or aircraft f'rinll
Puerto Rico arrives within tlie boundaries (if any other State, Territory, or
District of the United States. the master, captain, or other person having
charge or possessions of any such ship, vessel, or aircraft shall cause to be
distributed to each passenger thereon a baggage decla ration' to be furnished
by the United States Dpartment of Agriculture, calling attention to the pro-
visions of the Plant Quarantine Act, the foregoing quarantine, and these regu-
lattions. 1Thegea.,,. d1elarat ins, after being execute'4l and si t.loiA 1bIy tIl,
liasen1,ers. slall be electedted anmd (llivered( to the inspector at the port of
d4 'ba rka t ion.
301..5S-13 ParrcT po i.p.i,.-- etors are authol-rized to inspect, with
the cooperation of tlie United States Post Offie, Di'[iartm,,it, parcel post pmk-
,qges placed in tfile m:iils in Puerto Rico, to determine whether such a,'k;ges
contain fruits or vegetaldes the mivemlent of whi'h is not nuthl14rizedl under this
quarantine, to examine fruits .and vegetables so found f4or insect infestation. ;mn1
to notify thle i)ostimnster in writing of any violation of the said qualraintine in
ennnection therewith.
.01-;.5; 14 ror'mcnit biy tF1i D,'parfmei-it of A qrie-ltirv'.-Tlwe foregi-ing
quarantine ;ad reguflaftions sliall tot alpply to m ovement of fruits :iml veg'z,'taI'lles
from Puerto Ritco Iy the United States, Dtpla rtm.nlt of Agriculture for experi-
mental or scientific purposes.
I)Done at Wahington. D. C., this 22nd day of Janunary 1941.
Witness ily hand nnd thie seal of tlhe D'ipairtminit of A.griu.tlture.



|A |SCL\I'I i R+ WVIC'K\D,
i.r-f'ry of Aiqriultre.


The foregoing qii.iranitfine and reguilatiins slpers'1e tlie (il aran in ill, and
regulations emlbdied in B. E. P. Q.-Q. 58 (effective July 1, 19I25) anid the
amendlmenrit thereof effective J;inuary 1, 1933, a nd are ad(opted effe'ctive January
22, 1941.
3Frrm EQ 911.
U- S G GOVERNMENT PRIINTINS O0FFiCE 1-41










































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