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B. E. P. Q. Q. 64 l*iei" Iof quariinntlne and regulations
Effrt.(i-t A crtober 15, 1937
United States Department of Agricu
BUREAU OF ENTOMOLOGY AND PLANT QUARANi
MEXICAN FRUITFLY QUARANTB
REVISION OF QUARANTINE AND REGULAR 'I S0
The following revision of Federal )omestic Plant Quarantine No. 04 and
regulations supplemental thereto adds aI portion of Jim WVells County in TexaN
to the regulated area; fixes a host-free period from May 1 to August 31.
inclusive, of each year, subject to such modifications as to duration and dates
of Lomumeucement and termination aits may be authorized by the Chief of the
Bureau of Entomology and Plant Quarantine; designates the insect formerly
known as Mexican fruitworm under the more appropriate title of Mexican
fruitfly; adds fruits of species of the.-geii S argcutia to the list of hosts:
modifies former specific restrictions as to containers; and provides that the-
Chief iof the Bureau of Entomology and Plant Quarantinle may specify the coln-
ditions and period for the maintenance of sanitary requirements in groves, and
may modify, by administrative instructions, any of the restrictions contained
in the regulations, other than those pertaining to) extension or reduction of the
regulated area. when in his judgment such action is necessary to prevent the-
spread of the Mexican frnitfly.
These regulations as revised prohibit the interstate shipment of grapet'ruit.
oranges, and all other citrus fruits except lemons and sonr limes, from the
counties of Brooks, Cameron, Hidalgo, Willacy, and a portion of Jim Wells
County. Tex.. unless a Federal permit (Form 443) has been issued therefore.
The permits may be limited as to destination, and when so limited, are not
valid for shipment to other destination points or areas (except to diversion
points for diversion to authorized destinations only) (regulation 5 (a)).
Peaches, apples, pears, plums, quinces, apricots, mangoes, sapotas, guavas,
mameys, cinelas. and fruit of species of the genus Sargentia are prohibited
interstate shipment from the regulated area (regulations 1 (c) and 5 (b)).
There are no restrictions on the shipment of lemons or sour limes (regulation
Sterilization may be required as a condition for interstate movement of host
fruits from defined Infested zones (regulation 6 (e).
A host-free, period is to be maintained from May 1 to August 31, inclusive
(regulation 7 (sec. A)).
Information relative to the issuance and use of permits is given in regulations
6 and 7.
LFz A. STONGo.
Chief, Bureau of Entomology and Plant Quarantite.
NOTICE OF QUARANTINE NO. 64 (REVISED)
(Approved Oct. 14. 1937; effective Oct. 15. 1937)
I. Henry A. Wallace, Secretary of Agriculture, have determined that it ii
necewry to quarantine the State of Texas to prevent the spread of an in-
jurioun insect known as the Mexican fruitfly (Anaatrepha ludens Loew). new to
and not heretofore widely prevalent or distributed within and throughout the
Now, therefore, under authority conferred by the Plant Quarantine Act of
Au u t 20, 1912 (37 Stat. 315), as amended by the act of Congress approved
rF e 3Q7 (39 Stat. 1134, 1165), and having duly given the public hearing
wuird h.ty, I do quarantine the said State of Texas, effective on and
aftef'Ot~ beL3k 1937, and by this Notice of Quarantine No. 64 do order that
"no fruits ofafiVariety shall be shipped, offered for shipment to a common
carrier, receivedjdr transportation, or carried by a common carrier, or carried,
transported, mvNdl,' or allowed to be moved interstate from the said quarantined
W ta ij imer..5r, method or under conditions other than those prescribed in
ffr lr t and je a, tions promulgated pursuant thereto or under such modi-
fication thereof knay be issued by the Chief of the Bureau of Entomology
and Plant Qia aine as hereinafter provided: Provided, That the restric-
jtions of thiy'qua Wntine and of the rules and regulations supplemental thereto
ZT- nMddifi tJL iereof as hereinafter provided, may be limited to the areas in
tBe St~e offx as now, or which may hereafter be, designated by the Sec-
lriculture as regulated areas: Provided further, That such limi-
tation of the restrictions to the regulated areas shall be conditioned upon the
said State providing for and enforcing such control measures with respect
to such regulated areas, including the control of intrastate movement of'host
fruits from such areas, as in the judgment of the Secretary of Agriculture
shall be deemed adequate to prevent the spread of the Mexican fruitfly therefrom
to other parts of the State: And provided further, That, except as to exten-
sion or reduction of the regulated area, the Chief of the Bureau of Entomology
and Plant Quarantine may modify by administrative instructions any of the
restrictions of the regulations supplemental hereto when in his judgment such
action is necessary to prevent the spread of the Mexican fruitfly.
Done at the city of Washington this- 15th day of October
Witness my hand and the seal of the United States Depart-
ment of Agriculture.
H. A. WALLACE,
Secretary of Agriculture.
RULES AND REGULATIONS (SECOND REVISION) SUPPLEMENTAL TO
NOTICE OF QUARANTINE NO. 64
(Approved Oct. 14, 1937; effective Oct. 15, 1937)
SRegulation 1. Definitions
For the purpose of these regulations, the following words shall be construed
respectively to mean :
(a) Mexican fruitfty.-The insect known as the Mexican fruitfly (Anastrepha
(b) Regulated areas.-The areas in the State of Texas now, or which may
hereafter be, designated as such by the Secretary of Agriculture in accordance
with the provisos to Notice of Quarantine No. 64.
(c) Host fruits.-Fruits susceptible to infestation by the Mexican fruitfiy,
namely, mangoes, sapotas (including sapodillas and the fruit of all members of
the family Sapotacene and of the genus Casiimiroa and all other fruits com-
monly called sapotas or sapotes), peaches, guIvas. naplles, pears, plums, quinces,
apricots, mameys, ciruelas, fruit of species of the gernns Sargentia, and all citrus
fruits except lemons nnd sour limes, together with any other fruits which may
later be determined as susceptible and of which dnue notice will be given.
(d) Host-free period.-A period of time during which no host fruits are pro-
duced or permitted to exist within the regulated areL except innmmature fruit in
such stage of development, and mature fruit held or stored under such condi-
tions as are prescribed by' the Chief bf the Burein 'of' Entoinology and Plant
Quarnntine, which in his judgment do not (:onvey risk of propagating thle Mexi-
(cY Inspector.-An inspector of tlihe United States Department of Agriculture.
(f) Move'd intertate.- Shipped, offered for shipment to a common carrier,
received for transportation or transported by a common carrier, or carried,
transported. moved, or allowed 1o be inoved froin the area designated as regu-
lated in the State of Texas into or through any other State or Territory or
Regulation 2. Limitation of Restrictions to Regulated Areas
Conditioned upon the compliance (oil lhe part of the State of Texas with the
provisos to Notice of Quarantine No. 64. the restrictions provided in these regu-
lations or subsequent administrative instructions on the production or inter-
state movement of fruit will be limited to fruit produced in or moving inter-
state from the areas in Texas now or hereafter designated bly the Secretary of
Agriculture as regulated areas.
Regulation 3. Regulated Area
In accordance with the provisos to Notice of Quarantine No. (;4, the Secretary
of Agriculture designates as "regulated area" the counties of Brooks. Cameron.
Hidalgo, and Willacy in the State of Texas, and that portion of Jim Wells
County, Tex., lying south of Highway 141 and a line projected due west to the
Jim Wells-Dtival County line from the point where Highways 141 and 66 inter-
sect. including all cities, towns, townships, and other political subdivisions
within this area.
Regulation 4. Extension or Reduction of Regulated Areas
The regulated areas designated in regulation 3 may be extended or reduced
as may be deemed advisable by the Secretary of Agriculture in accordance with
the provisions of the Plant Quarantine Act of August 20. 1912, as amended.
Regulation 5. Restrictions on the Interstate Movement of Fruit From the
(o) Permits requPired.-Grapefruit, (oIranges. and oilier citrus fruits (except as
provided in paragraph (c) hereof) shalll not he moved interstate from a regu-
lated area into or through any point outside thereof unless. a permit has been
issued therefore by the United States Department of Agriculture.
(b) 3Morement of noncifrus hosts pro ibifrd.-Peachles, apples, pears. plums,
quinces, apricots, mangoes. sapotas (see regulation 1 (c)), guavas, mameys,
ciruelas, and fruits of species of the genus Sargentia shall not be moved inter-
state from the regulated area and no permits will be issued for such movement.
(c) No restrictions on. immune and manufactured fruits.-No restrictions are
placed by these regulations on the interstate movement of lemons, sour limes,
or other nonhost fruits, nor on the interstate movement of host fruits which have
been manufactured or processed in such manner as to eliminate danger of
carrying the Mexican fruitfly.
(d Morcmicnt through rcyguldeld mrw.-No restrictions are placed by these
regulations on the interstate movemn(ent of restricted articles fromin an area not
under regulation through a regulated area when such movement is on a
through bill of lading.
Regulation 6. Conditions Governing the Issuance of Permits
Permits for the interstate movement of grapefruit, oranges, and other re-
stricted citrus fruits from the regulate(l area may be issued upon determination
by the inspector that the proposed movement (lies not involve risk of spread
(if the Mexican fruittly. Such determination will he based on compliance with
the following conditions:
(a) Ororc inspection and .ainitation.-Tlh\ grove in which the fruit was
produced shall be maintained in compliance with the host-free reuiuirenment of
these regulations and shliall be kept free front drops and windfalls during such
periods and time as the Chief of the Bureau of Entomology and Plant Quarantine
may direct. Such drops and windfalls shall be buried under at least 1S inches
of tamped soil. or otherwise disposed of in manner and method prescribed
by the Chief of the BPrevau of Entomology and Plaint Quarantine. The grove
shall further be maintained in compliance with such other requirements as
may be enforced by the State of Texas for the suppression of Mexican frultfly
infestation. Permits may be issued for tlhe interstate movement of fruit pro-
duced only in such groves as have been inspected within 30 days prior to the
movement of thle fruit concerned and have been found free from Mexican fruit-
(b) Packing house requirements.-The packer and shipper shall maintain
his packing plant in compliance with the sanitation requirements of the State
of Texas issued for the suppression of the Mexican fruitfly. The packer shall
also maintain a complete record of all receipts and( sales or shipments of host
fruits. subject to examination by the inspector.
(e) Applivatioin.s.-Persons desiring to purchase, pack. or move grapefruit,
oraLnges, or other restricted citrus fruits interstate from the regulated area
shall make application for a permit to the office of the Bureau of Entomology
ankd Plant Quarantine. Harlingen. Tex., as far as possible in advance of the
probable date of shilplent. Applications shall show the nature and quantity
of the fruit it is proposed to move, together with the location at which it
will be packed, the name and address of the shipper, and a list of all groves,
together with the names and addresses of the owners, from which fruit for pack-
ing will be secured. Each applicant shall file with his application a signed
statement in which he agrees to notify the inspector of all additional groves
from which fruit for packing will be secured, not to pack or ship fruit from
any grove until hlie has received Nvritten notification from the inspector that
the grove lis been maintained in compliance with the regulations issued under
this quarantine, and to discontinue packing and shipping the fruit from any
grove on notification from the inspector of the discovery of an infestationl of
lie Mexican fruittly in such grove or adjoining groves or of failure on the
part of the owner or manager of such grove to comply with any condition of
(d) Conta;ncr..-Permnits will be issued for the interstate movement of
only such fruit as is packed in containers customarily used in the regulated
area for the commercial shipmeniit of cit-ruis fruits, aud which are of such nature
as will permit the inspector to identify the contents thereof.
(e) Sterilizafion nmy be rcquirv'd.-Steriliz;itiiin of host fruits in manner
and by method prescribed by the Chief of the Bi-;tnii of Entomiology and Plant
Quarantine may be required as a condition for the issuance of permits for
interstate movement thereof when in his judgment the shipmennts concerned
might involve risk of spread of the Mexican fruitfly.
(f) Destination limitations.-Permits may be limiited as to destination and
when so limited the fruits covered thereby shall not be moved interstate from
the regblated area. directly or indirectly, either in the original -containers or
otherwise, to destinations other than those authorized in such permits, except
to the u.-umil diversion points for diversion to authorized destinations only.
if) Cai'(('('laIfion of permits.-Any permits issued under these regulations
naiy be withdrawn or canceled and further permits refused either for any failure
of ompliamnce with these regulations or violItion of them, or whenever in the
judgmmuent of the inspector the further use of such permits might result in the dis-
se. linii;ution of infestQtion.
Regulation 7. Conditions Required in the Regulated Areas
T'le interstI te movmemlet of grapofriiit. (orai(,s. and othlier restricted citrnis
fruit from time regulated areas under permmits issued by the United States De-
partm-wnt of A.\riculture will lie ciditioned on the State of Texas providing for
11141 enforcing the following ,control evwiiures in maniaer and by method ap-
prov'dl by the Utti b(d Stal.es apartmentn t of Agriculture, namely:
SECTION A. HO.ST-FREE PERIOD
A lhost-free period slihall be maintained each year beginning on the 1st day
of May an11., (,witiumuing until the 1st day of September, subject to such modi-
fic.ition as to dilr;ution and dates of comnmencement and termination as may be
authorized by the Chief of the Bureau if Entomol(ogy and Plant Quarantine
when in his jlludgiment such mnodificatiion (doe.. not involve increased risk of
spread of the Mexican fruitfly.
Prior to the commencemenieit of such host-free period each year, all restricted
citrus fruit shall be removed from thlie tree for imniiediate sale tir shipment.
or for retention in fly-proof storage appl)roved by thle (Chief of the Bureau of
Entomology and Plant Quaralntie., and all mother host fruits sll: lie destr royd
either following removal froun the trees or 1y destruction of tihe trees thletns'lve's.
No host fruits shall be permitted to remain on trees or to exist elsewhere
within a regulated area at any time during such host-free period except im-
mature citrus fruits which in the judgment of the Chief of the Bureau of
Entomology and Plant Quarantine are not susceptible to infestation by the
SECTION B. INSPEf(TIO'
A system of inspection shall be carried o)n ilthrotighout the year to provide
for the efficient enforcement of sections A and C of this regulation, for the
prompt discovery of any infestations which occur, and for the enforcement of
such conditions in and around citrus groves and packing and processing plants
as shall be necessary to prevent thie dissemination of Mexican fruitfly through
the interstate movement of citrus host fruits.
SECTION 0. INFESTED ZONES
U'tpon the determination of a Mexican fruitfly inftl at ion within a regulated
area, which in the judgment of the Chief of the Bureau (of Entoniology and
Plant Quarantine constitutes a risk if spread oif such fly, ;an infested zone
shall be designated by the State of Texas subject to approval by the United
States Department of Agriculture, and all lihost fruits in susceptible stages of
maturity produced within such zone and existing in the regulated area shall be
dtestriyed or processed in Stich a iiannit'r aIS to render them free front infest;ation.
Regulation 8. Marking Requirements
Every crate, box. or other container of host fruit moved interstate under
these regulations shall have securely attached thereto a shipping permit (Form
4-43) issued under the provisions of regulation 6, and shall be subject to such
other marking as may be required b)y the inspector.
Each shipment of six or more crates, boxes, or other containers of lihost
fruit moved interstate under these regulations shall, in addition to the ship-
ping permit on each such container, be accompanied by a master permit (Form
5151 showing the number of containers and either the license number and
destination of the vehicle or the name, niiumber, and destination of the freight
car or other carrier, as the case may be.
Regulation 9. Inspection in Transit
Any car, vehicle, basket, box. crate, or other container, ,moved interstate,
which contains or which the inspector has probable cause to believe contains
articles the movement of which is prohibited or restricted by these regulations,
shall be subject to inspection by inspectors at any time or place.
Regulation 10. Shipments by the United States Department of Agriculture
Articles subject to restriction in these regulations niay be moved interstate by
the united d States Department of Agriculture for experimental or scientific pur-
ixises. on such conditions and utinder such safeguards as may be prescribed by
thle Chief of thie Bureau of Entomology and Plant Quarantine. The container
of articles so moved shall bear. securely attached lo the outside thereof, an
identifying tag from the Bureau of Entomology and Plant Quarantinte showing
compliance with such conditions.
These revised rules andi regulation shall be efe.ciive on and after IO)ctober
15, 1937, and shall supersede the rlil., and regulations promul-
gated Atugust 12, 1932, as amended.
Done at the city of Washington this 14th day of October 1937.
Witne-s my hand and thle seal of tlie United States De-
I_ partminent of Agricultutre.
H. Ar. WAlI.ACE,
.SS ('cret ry <,f A.-triiculture.
U. S. GOVERNMENT POINTING OFlCI: 1037
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