ULICTURAL RESEARCH ADMINISTRATION
WCRWg OF ENTCMOCLOGY An PLANT QUARANTINTE FOREIGN QUARANTINE NOTICES,
AlK TRATIVE INSTRUCTIONS AUTHORIZING THE IMPORTATION FCM
FORE 0 COUNTRIES OF FROZE FRUITS AND VEGETABLES
On January 21, 1950, notice of proposed issuance of administrative instrucon to be designated as 7 CFR 319.56-2c relating to the importation from
S countries of frozen fruits and vegetables was published in the Federal
giter (15 F.R. 365). After due consideration of all relevant matters preted, lauding the proposals set forth in the aforesaid notice, the Chief
of~thoBufreau of Entomology and Plant Quarantine, pursuant to the authority
erred upon him by 5 319.56-2 of the regulations supplemental to the Fruit SVeetable Quarantine (Notice of Quarantine No. 56, 7 CFR 319.56) under
tion 5 of the Plant Quarantine Act of 1912 (7 U. S. C. 159), hereby issues ied administrative instructions to appear as 8 319.56-2c in Title 7, Code
fFederal Regultions, as follows:
3L9.56-2o Administrative instructions authorizing the importation from
edgn countries of frozen- fruits and vegetables. (a) The type of treatment
er designate as freezing sT7 be one of the commercially-acceptable that involves initial freezing at subzero temperatures and subsequent a n a t higher than 0O F., with a storage tolerance of plus 200 F.
treatments are ommonly known as quick freezing, sharp freezing, frozenao r cold-pack. Any equivalent freezing method is also included in this signation.
(b) The Chief of the Bureau of Entomology and Plant Quarantine, under
ty contained in I 319.56%-2, hereby prescribes freezing as a satisfactory traent for allfruite and vegetables enterable under 9 319.56. S) frozen it and vegetables may be imported from any country under permit, on comiace with 3 319.56-1 to 319.56-7, at such ports as shall be authorized in Lhe permits.
(c) Such fruits or vegetables ay not be removed from the vessel transportthem until it has been determined by an inspector of the Bureau of Entomology At Plant Quarantine that they are in a satisfactory frozen state on arrival Sthis country. Upon such determination the inspector will release the ship(d) If the fruits or vegetables in any part of such an importation are
und to be unfrozen at the time of inspection upon arrival, the entire shipt shall remain on the transporting vessel under such safeguards as may be peribed by the inspector of the Bureau of Entomology and Plant Quarantine u it is frozen, transported beyond the territorial waters of the United St, or otherwise disposed of to the satisfaction of the inspector.
Applications for permits to import frozen fruits and vegetables under
la subpart way be made to Import and Permit Section, Bureau of Entomology and Past Quarantine. 209 River Street., Hoboken, N. J.
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(e) The importation fram foreign semaida.of fratte and ble o
not authorized when such fruit and vegetables are bJeat to ata, in th-area of origin, by plant pests that may not,in the Judgmt of th Chief a
the Bureau of Entomology and Plant Quarantine, be destroyed by freezing.
(f) Freezing of fruits and vegetables as authorized in theseinstrutA is considered necessary for the elimination of pest risk, and no liability shall attach to the United States Department of Agriculture or to any officer or representative of that Department in the event of injury resulting t rt or vegetables offered for entry in accordance with these instructions.
The foregoing instructions supersede the administrative instructions in B. E. P. Q..No. 462, effective September 15, 1937 (7 OFR 31956-2) Inotr as they relate to the importation ,of frozen-pack fruits. The 1937 instrutions are otherwise superseded by administrative instructions in 7 OR 30113 and 301.58-3c .
This section shall be effective on and after March 9, 1950.
(Sec. 5, 37 Stat. 316, 7 U. S. C. 159; 7 CFR 319.56-2)
The purpose of these revised administrative instructions is to auhor the importation from foreign countries under permit of fruits and vegetable frozen by one of the commercially-acceptable methods known as quik free g
sharp freezing, frozen-pack, or cold-pack. By providing treatments alternative to those previously available, thea~ instructions remov restrictions previously imposed. Accordingly, they are within the exception in section 4 (a) of the Administrative Procedure Act (5 U. S. C. 1003 (c)) and may properlybe rade effective less than 30 days after their publication in th Fderal Regist
Done at Washington, D. C., this 24th day of February, 1950.
Acting Chief, Bureau o Entomology an/Plant Quarantine