t1. P. 46 R ed Effective December 51, 1947
ER III--BUEAD OF ENTOI LOGY AND PLANT QUARANTINE
PART' 319--FOREIGN QARANTINE NOTICES SUBPART--FRUITS AND VEGETABLES
IMPORTATIQN OF VINIFERA GRAPES AND CERTAIN .OTHER DECIDUOUS
FRUITS SUB7TTT TO IN-TRANSIT STERILIZATION AUTHORIZEr
-on October 126, 1947, notice of proposed rule making was published the Federal Register (12 F. R 6785) regarding the proposed amendment the in-transit sterilization requirements for grapes of the Vinifera
Sand pertain other, friuts,' .as provided in administrative instructions elemental to the Fruit and Vegetable Quarantine No. 56 (7 CFR 319.56; B. .. Q. 464 September 15, 1937). After consideration of all lant matter presented, including the proposals det forth in the f asidnotice, and pursuant to the authority contained in the Plant arntine ct (37 Stat. 316, 7 U.S.C. 159) the administrative instructions S319.56e are hereby amended to read as follows:
S319,5-2e Administrative instructions;importation of Vinifera ges and certain other.deciiucus fruits subject to in-transit ilization authorized. It has been determined that the refrigeration
atment prescribed in 7 CFR 319.56'2d (B. E. P. Q.--463), as a condition the eny of Vinifera grapes from regions in which the Mediterranean t fly occurs, can be completed while the fruit is in transit on ships
ppedwith adequate refrigeration facilities, provided the grapes have
ecledto the proper temperature before loading in refrigerated holds
he carrying vessels. -It has also been determined that certain other
uous f ts can be similarly treated.
he treatment prescribed in 7 CFR 319.56-2d (B. E. P. Q.--463),
ires the cooling of the grapes until the approximate center of the
it in the package reaches a temperature of 34 F..and holding it at or That temperature for a period of 12 days. -It has further been
de mined that cooling of grapes and certain other deciduous fruits until t approximate centerof the fruit in the package reaches a temperature 36' F. and holding it at or below that temperature for a period of 16 s 'is also a sufficient sterilization.
On the basis of the above determinations and under the authority of
Regulation in 7 CFR Cum. Supp., 319.5.6-2 (regulation 2 of the rules Regulations supplemental to Notice of Quarantine No.. 56), grapes of
SVinifera type, and such other d'eciduous fruits as may be approved in Permit, which are prohibited entry in the fresh state because of the
iterranean fruit fly, may be entered under the fallowing conditions:
(a) Before being loaded they shall be cooled to a temperature of
32 F. under the supervision of an 'official designated by the
Secretary of Agriculture, or one holding a comparable position,
in the country concerned, in a plant approved for the purpose
by the Bureau of Entomology and Plant Quarantine of the United
States Department of Agriculture.
(b) .The temperature of the grapes or other deciduous fruits shall
in no case rise above 33** F., between the, time they are taken
from the precooling plant and t.e required frigerat
ment is begun on the carrying vessel.
(c) The grapes or other 'deciduous fruits shall be held at a temperature of 340 F. or below for a period of 12 days, or at a
temperature of 360 F.. or below for a period of 16 days. Such
treatment shall be applied only in vessels which have been
approved by the Bureau of Entomology and Plant Quarantine of the Unit ed Stat es Department of Agriculture, and in particular holds
or compartments designated by that Bureau for this purpose.
Treatments must be completed in the holds or compartments in
which they are begun.
(d) Each container of grapes or other deciduous friuts to be imported
into the United States under the provisions of this section shall
be marked -by an appropriate label, or stencil, or stamp.
impression, which will 'enable "identification at all times.
(e) A certificate shall be issued in triplicate by an official
designated by the Secretary bf' Agricultuxe or one holding a comparable position, in the country concerned, indicating compliance
with the provisions of paragraphs (a) and (b) of this section. In
addition this certificat e shall give the identifying marks prescribed in paragraph, (d).. The signatures and official position of those designated to sign this certificate shall be submitted to the Bureau of Entomology and Plant Quarantine of the United
States Department of Agriculture in quadruplicate.
(f) The original and one copy of the certificate required in paragraph (e) of this section shall be verified by the American
Consul at the port of export and shall accompany the shipment
and be surrendered to the inspector of the Bureau of Entomology
and Plant Quarantine of the United States Department of Agriculture at the port of entry. The third copy will be retained by
the consular office verifying the certification.
(g) When requested, applicants for permits to import Vinifera grapes
and certain other deciduous fruits under the provisions of this section shall furnish or arrange to have furnished, blueprints,
plans, specifications, or such other information as may be deemed
necessary for consideringprecooling plants or carrying vessels, for approval by the Bureau of Entomology and Plant Quarantine of
the United States Department of Agriculture.
(h) When~requested, provisions shall be made to authorize representatives of the Bureau of Entomology and Plant Quarantine of the
United States Department of Agriculture, to inspect and carry on such tests as may be deemed necessary in or on precooling plants and carrying vessels for which approval has been requested under
the provisions of this section.
(i) No permits will be issued forthe importation of Vinifera grapes
or other deciduous fruits under the provisions of this section until the precooling plant at the port of loading and the hold;
olds, or compartments of the crying vessels in which the prescribed in-transit.-,txeatment is to be. given have been approved by th Bureau of Entomology and Plant Qarantine of the United States
Department of Agriculture..
( j) Carrying vessel: must be equpped with approved temperaturerecording instruments located, installed, operated, and maintained in a manner to be prescribed by the Bureau of Entomology and Plant
Quarantine of the United StatesDepartment of Agriculture, for
(k) Not more than 3 days prior to the lading of grapes or other deciduous fruits to be given in-transit sterilization as provided in this section, the temperature-recording instruments of the hld, holds, or compartments approved for the purpose shall be tested for.accuracy by an official designated by the Secretary of Agriculture, on one holding a comparable position, .in the' exporting
country, and the thermograph record shall bear an endorsement of
said official in form approximately as follows:
Port of Export
The instruments installed for recording temperature within compartment
of the S. S. or b. S. .which
~mpartment is loaded with covered by preooling certificate No. of the
(Name of certifying Government
were tested by me at the place and on the date above indicated,
d were accurate to within a F.
If no adjustments were necessary, add a statement to that effect. If djustmets were made, add a statement indicating their character.)
(Title of Certifying Officer.)
(1)' For entry under the provisions of this section, therb shall be
surrendered to the inspeetor of the Bureau of Entomology and Plant
Quarantine of the United States Department of'Agriculture at the
port o~ transshipnent or at the port of entry, the original thermograph record showing the temperaturess maintined in the holds or
comportments in which the fruit concerned was sterilized. When
necessary, -aditioial. photostatic copies of such records shall be
provided at the expense of the permittee,
UNIVERSITY OF FLORIDA
3 1262 09245 5574
(m) Vinifera grapes or other deciduous fruits to be imported in
the United States under the :rovisions of this section shall not be unloaded from the carrying vessel until evidence satisfactory
to the inspector of the Bureau of Entomology and Piant Quarantine of the United States Department of Agriculture has ben furnished
showing that the grapes or other deciduous fruits have received
the refrigeration treatment prescribed in this section.
(n) Wh1.ncver ;rapes or other deciduous fruits are of fered for entry
under the provisions of this section and it cannot be established to the satisfaction of the inspector of the Bureau of Entomology
and Plant Quarantine of the United States Department of Agriculture that they have received the required refrigeration treatment, they shall either remain on the vessel under safeguards
prescribed by the inspector of the Bureau of Entomology and Plant
Quarantine and under seal of the Bureau of Entomology and Plant Quarantine, or they shall be transported beyond the territorial
limits of the United States under such safeguards as shall be
prescribed by the inspector.
(o)- -Vinifera grapes or other deciduous fruits may be imported under
the provisions of this section throughout the year and no
restrictions are placed on the character of containers in which
they shall be packed,
(p) In authorizing the entry of-Vinifera grapes and certain other
deciduous fruits into the United States in accordance with the
provisions of this section,it should be emphasized that inexactness and carelessness in applying the treatment may result in
injury to the fruit or its rojectionw The treatment required for the entry of fruit under the provisions of this section represents
a requirem~at 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 to fruit offered for entry
under the provisions of this section,
Inasmuch as this revision is a relieving of restriction, good cause is found for making the effective date hereof less than 30 days after its publication in the Federal Register.
(See. 5, 37 Stat. 316; 7 U.S.C. 159; 7 CFR319.56-2.)
This revision shall be effective on December 31, 1947 and shall then supersede B. E. P. Q. 464 (7 CFR 319.56-2e), effective September 15, 1937.
Done at Washington, D. C., this 24th day of November 1947.
P. N. ANNAND
Chief, Bureau of Entomoloy
and Plant Quarantine