Fruit and vegetable quarantine

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Fruit and vegetable quarantine
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United States -- Bureau of Entomology and Plant Quarantine
United States -- Plant Quarantine and Control Administration
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B. E Q.-Q. 56 Revision of Regulations
.. :..Effective December 1, 1936





United States Department of culture
BUREAU OF ENTOMOLOGY AND PLANT QU TJNIibrarltg


-FRUIT AND VEGETABLE QUAR

NOTICE OF QUARANTINE NO. 56, WITH REVISED II


INTRODUCTORY NOTE
The printed supply of Notice of Quarantine No. 56, with supplemental regula-
tions as revised effective November 1, 1932, and of amendment no. 6, effective
August 1, 1933, is exhausted, and this edition is essentially a mere reprint,
except for the revision of regulation 2. The concurrent lifting of the Mexican
twrit ~jly Quarantine No. 5 (foreign) automatically places the Mexican fruits,
%kmetly prohibited entry by that quarantine, under the provisions of quaran-
tinfe no. 56, which now prohibits or restricts the entry of all fruits from Mexico.
Since the entry of these fruits from Mexico will continue to be prohibited,
except when they have been so treated as to remove pest risk, it is deemed
desirable at this time to clarify the provisions of regulation 2 with respect to
the entry of certain products which have been so treated as to eliminate pest
risk, or which may be admitted subject to adequate safeguards prescribed as
conditions of entry. Advantage has been taken of this opportunity to remove
o.rtain specific limitations as to ports of entry authorized for various commodi-
ties, leaving those limitations to be specified in the permits.
The only change made in the other regulations is the substitution of the now
legal title "Bureau of Entomology and Plant Quarantine" in regulations 1 and
3 for the former title "Bureau of Plant Quarantine."
The notice of permit requirements for the entry of chestnuts and acorns
from. foreign countries, issued pursuant to the provisions of regulation 2, which
became effective July 29, 1929, continues in effect.
LEE A. STRONG,
Chief,-Bureau of Entomology and Plant Quarantine.


NOTICE OF QUARANTINE NO. 56
(Effective on and after Nov. 1, 1923)
.The fact has been determined by the Secretary of Agriculture, and notice is
hereby given (1) that there exist in Europe, Asia, Africa, Mexico, Central
tmerica, and South America, and other foreign countries and localities, certain
iiurious insects, including fruit and melon flies (Trypetidae), new to and not
hetf.ore widely distributed within and throughout the United States, which
$Rfect and may be carried by fruits and vegetables commercially imported into
0 the United States or brought to the ports of the United: States as ships' stores
S or casually by passengers or others, and (2) that the unrestricted importation
of fruits and vegetables from the countries and .localities enulperated may re-
;. uitin the entry into the United State of injurious insects, including fruit and
::.. ... lon flies (Trypetidae).
WO.. ';,w therefore, I, Henry C. Wallace, Secretary of Agriculture, under authority
1M',... anerrpd by the act of Congress approved August 20, 1912 (37 Stit. 315), do
~ ~.ec*: a eare .that it is necessary, in order to prevent the introduction into the
i ."1%1!='". states of certain injurious insects, including 'fruit and melon flies
i fig:: .... rype.ldae), to forbid, except as provided in the rules and regulations supple-
nat l hIwto, the importation into the United States of fruits and vegetables
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coymtry orrloia&i and of plants or porttgns oR plants used as packing materfa~lL
all foreign countries And localities into th JUnted States of fruits and veg i
rmth counties rroktanofpants0ali: an rmayohe ~ t t.

so tables, aolond of plants rations of o t plants used as packing material in connctid!'
Swith shipmentson of such ruits ruand vegetables. provided in the rules and

# regulations supplemental hereto, is prohibitedN
This quarantine lfs in full effect all special quarantine ce, the importation frde
a now in force resountriscting the entryies into the United States of fruits and veg'etableS I
Aith the exception of Quarantso r tionsof .ons, on acplants count of thieme
citrus ack fly, hih is replaced by this uarati n e. A list of such quarantines:l
and estrnipmiven o rders iits given in the appendix ofas provided the rules and regulations
sregulations supplement h ereto., is proh i ,


Ths qr Done this 1st day of August 192.
Ale Thsqaatn ~ nflffect all special quarantines and other ord~i ...:
Snow in force restricting( the entry Into the"'UDI-te States of fruits and vegetables ...... 'Jt
Awith the exception, of -Quarantine No. 4.9., with-regulations, on account oftli! ,,i
citrus black fly, o1high is. replaced by this qtiurantine. A list of such quarantines
and restrictive orders is given* in the appendix 'of the rules and regulations ,: ;
supplemen&{i hereto. .,:!iii
Done this 1st day of August 192&... :.i
S Witness my hand and the seal of the United States Department
of Agriculture.

HENRY C. WALLACE,
Secretary of Agrftsure.


REVISED RULES AND REGULATIONS SUPPLEMENTAL TO NOTICE 0F I
QUARANTINE NO. 56, GOVERNING THE IMPORTATION OF FRUITS
AND VEGETABLES INTO THE UNITED STATES
(Approved Nov. 14, 1936; effective Dec. 1, 1936) '
Regulation 1.-Definitions :
(o) Fresh fruits and vegetables.-The edible, more or less succulent, portions .
of food plants in the raw or unprocessed state, such as bananas, oranges, grapl Wr
fruit, pineapples, tomatoes, peppers, lettuce, etc. ,:'*
(b) Plants or portions of plants.-Leaves, twigs, or other portions of plants,
or plant litter or rubbish as distinguished, from clean fruits and vegetables, or *-:1
other commercial articles. :
(c) Port of first arrival.-The first port within the United States where the
shipment is (1) offered for consumption entry or (2) offered for entry for .i..
immediate transportation in bond. "i
(d) Inspector.-An inspector of the Bureau of Entomology and Plant Quaran-
tine, United States Department of Agriculture.
Regulation 2.-Restrictions on Entry of Fruits and Vegetables
All importations of fruits and vegetables must be free from plants or portions '
of plants, as defined in regulation 1 (b).
Dried, cured, or processed fruits and vegetables (except frozen fruits and "
vegetables), including cured figs, and dates, raisins, nuts, and dry beans anul
peas, may be imported without permit or other compliance with these regulations; ;;
Provided, That any such articles may be made subject to entry only undem
permit and on compliance with the safeguards to be prescribed therein, when it
shall be determined by the Secretary of Agriculture that the condition of drying :,
curing, or processing to which they have been subjected may not entirely el4 :"
nate risk. Such determination with respect to any such articles shall bee ,.i
effective after due notice. ..
Except as restricted, as to certain countries and districts,1 by special qiiara a a
tines and other orders now in force and by such restrictive orders as may here- I
after be promulgated, the following fruits may be imported from all countries i,
under permit and bn compliance with these regulations: Bananas, pineapples, :
lemons, and- sour limes. Grapes of the European or vinifera type and any .ve :ge- :
table, except as restricted by special quarantine as indicated above, mty W'W
imported from any country under permit and on compliance with these regula- I
tions, at such ports as shall be authorized in the permits, on presentation of .,,
1 See list of current quarantines and other restrictive orders and miscellaneous regular ::'
tions, obtainable on request from the Bureau of Entomology and Plant Quarantine. ...



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F evidence satisfactory to the United States Department of Agriculture that such
grapes and vegetables are not attacked in the country of origin by injurious
insects, including fruit and melon flies (Trypetidae), or that their importation
from definite areas or districts under approved safeguards prescribed in the
permits can be authorized without risk.
The following additions and exceptions are authorized for the countries
concerned to the fruits and vegetables listed in the preceding paragraph: Pro-
vided, That as to such additions and exceptions, the issuance of permits may be
conditioned on presentation of evidence satisfactory to the United States Depart-
ment of Agriculture that such fruits and vegetables are not attacked in the
country of origin by injurious insects, including fruit flies and melon flies; or
that their importation from definite areas or districts under approved safeguards
prescribed in the permits can be authorized without risk.
Frozen or treated fruits and vegetables from all countries.-Upon compliance
with these regulations and with such conditions as may be prescribed by the
Chief of the Bureau of Entomology and Plant Quarantine, fruits and vegetables
which have been treated, or are to be treated, under the supervision of a plant
quarantine inspector of the Department, will be permitted entry under permit at
such ports as may be specified in the permit, when, in the judgment of the Chief
of the Bureau of Entomology and Plant Quarantine, such importation may be
permitted without pest risk.
Commonwealth of Australia-States of Victoria, South Australia, and Tas-
mania.-Upon compliance with these regulations, fruits other than those listed in
the second and third paragraphs of this regulation may be imported from the
States of Victoria, South Australia, and Tasmania under such conditions and at
such ports as may be designated in the permits.
New Zealand.-Upon compliance with these regulations, fruits other than
those listed in the second and third paragraphs of this regulation may be
imported from New Zealand under such conditions and at such ports as may be
designated in the permits.
Japan.-Upon compliance with the regulations under Quarantine No. 28,
oranges of the mandarin class, including satsuma and tangerine varieties, may
be imported from Japan at the port of Seattle and such other northern ports as
may be designated in the permits.
Mexico.-Potatoes may be imported from Mexico upon compliance with the
regulations issued under the order of December 22, 1913.
Argentina.-Upon compliance with these regulations, fruits other than those
listed in the second and third paragraphs of this regulation may be imported
from Argentina under such conditions and at such ports as may be designated in
the permits.
Chile.-Upon compliance with these regulations, fruits other than those
listed in the second and third paragraphs of this regulation may be imported
from Chile under such conditions and at such ports as may be designated in the
permits.
West Indies.-Upon compliance with these regulations all citrus fruits from
the West Indies may be permitted entry at such ports as may be designated
in the permits.
Jamaica.-Entry of pineapples from Jamaica is restricted to the port of New
York or such other northern ports as may be designated in the permits.
Canada.-Fruits and vegetables grown in the Dominion of Canada may be
imported into the United States from Canada free from any restrictions what-
soever under these regulations.
General-In addition to the fruits, the entry of which is provided for in the
preceding paragraphs of this regulation, such specialties as hothouse-grown
fruits and other special fruits, which can be accepted by the United States De-
partment of Agriculture as free from risk of carrying injurious insects, includ-
ing fruit flies (Trypetidae), may be imported under such conditions and at such
ports as may be designated in the permits.

Regulation 3.-Applications for Permits for Importation of Fruits and
Vegetables

Persons contemplating the importation of fruits or vegetables the entry of
which is authorized in these regulations shall first make application to the
Bureau of Entomology and Plant Quarantine for a permit, stating in the appli-
cation the country or locality of origin of the fruits or vegetables, the port of
first arrival, and the name and address of the importer in the United 'States to
: whom the permit should be sent.







Applications for permits should be made in advance of the proposed shipmaes ; "'
but if, through no fault of the importer, a shipment should arrive before a permit |
is received, the importation will be held in customs custody at the port of first j
arrival, at the risk and expense of the importer, for a period not exceeding 20
days pending the receipt of the permit.
Application may be made by telegraph, in which case the information required
above must be given.
A separate permit must be secured for shipments from each country and for
each port of first arrival in the United States.

Regulation 4.-Issuance of Permits '?

On approval by the Secretary of Agriculture of an application for the important
tion of fruits or vegetables, a permit will be issued in quadruplicate; one copy
will be furnished to the applicant for presentation to the customs officer at the i
port of first arrival, one copy will be mailed to the collector of customs and one i
to the inspector of the Department of Agriculture at the port of first arrival, .
and the fourth will be filed with the application. Unless otherwise stated in the :
permit, all permits will be valid from date of issuance until revoked.

Regulation 5.-Notice of Arrival by Permittee l

Immediately upon the arrival of fruits or vegetables from the countries specd-
fled in the quarantine at the port of first arrival, the permitted or his agent shallni
submit a notice in duplicate to the Secretary of Agriculture, through the collector
of customs, on forms provided for that purpose, stating the number of the
permit, the kinds of fruits or vegetables, the quantity or the number of crates .
or other containers included in the shipment, the country or locality where
grown, the date of arrival, the name of the vessel, the name and number, if any,
of the dock where the fruits or vegetables are to be unloaded, and the name of
the importer or broker at the port of first arrival, or, if by rail, the name of the
railroad, the car numbers, and the terminal where the fruits or vegetables are to
be unloaded. ;
Permits may be revoked and other permits refused if the permitted or his agent
fails to submit the notice of arrival or gives a false notice or in any other way
violates the quarantine.

Regulation 6.-Inspection and Disinfection of Importations of Fruits and
Vegetables '

All importations of fruits or vegetables shall be subject, as a condition of I
entry, to such inspection or disinfection, or both, at the port of first arrival as I
shall be required by the inspector of the Department of Agriculture, and shall be
subject to reinspection at destination at the option of said Department. ,
Should any shipment of fruits or vegetables be found to be so infested with
fruit flies or other dangerous pests that, in the judgment of the inspector of the
Department of Agriculture, it cannot be cleaned by disinfection or treatment,
or to contain leaves, twigs, or other portions of plants as packing or otherwise,
the entire shipment may be refused entry.
No crate, box, hamper, or other container of fruits or vegetables, or fruits
and vegetables in bulk, shall be removed from the port of first arrival unless
and until a written notice is given to the collector of customs by the inspector
of the United States Department of Agriculture that the products have been
inspected and found to be free from infestation and from plants or portions of
plants used as packing or otherwise: Provided, That the requirements under
these regulations with respect to the entry of foreign fruits and vegetables into
any State for local consumption shall not be a bar to the enforcement of such
additional safeguards as may be deemed necessary by the officials of such States&
All charges for storage, cartage, and labor incident to inspection and disin-
fection, other than the services of the inspector, shall be paid by the importer.

Regulation 7.-Inspection of Baggage and Cargo on the Dock

Inspectors of the United States Department of Agriculture are authorized to
cooperate with the customs inspectors in the examination of all baggage or othek
personal belongings of passengers or members of crews of vessels or other car-
riers whenever such examination is deemed necessary for the purpose of enfao ..

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U.S. GOVERNMENT PRINTING OFFICE: 1936


5

ing the provisions of this quarantine with respect to the entry of any prohibited
or restricted fruits or vegetables or plants or portions of plants which may be
contained in the baggage or other belongings of such persons.
The above rules and regulations shall be effective on and after December 1,
1966, and shall supersede the rules and regulations governing the importation
of fruits and vegetables into the United States which were promulgated October
27, 1932, as amended July 25, 1963.
-Done at the city of Washington this 14th day of November
FSS@ 1936.
I Witness my hand and the seal of the United States Depart-
Inent of Agriculture.
R. G. TTuoGWE.L,
Acting Secretary of Agriculture.


APPENDIX
The information formerly assembled in this Appendix is now incorporated in
a circular issued from time to time by the Bureau of Entomology and Plant
Quarantine, entitled "List of Current Quarantines and Other Restrictive Orders
and Miscellaneous Regulations", and obtainable on request.










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