Mexican fruitfly quarantine

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Mexican fruitfly quarantine
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United States -- Bureau of Entomology and Plant Quarantine
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B. E. P. Q.-Q. 4. Revinlon of Rpgulations
Effeci've October 16, 11939. 1







UNITED STATES DEPARTMENT OF A'ftkW

BUREAU OF ENTOMOLOGY AND PLANT QUARA /

N. M j

MEXICAN FRUITFLY QUARANTINE>S

REVISION OF REGULATIONS


INTRODUCTORY NOTE

The following revision of the Mexican fruitfly regulations adds the counties
of Dimmit, La Salle, and Webb, In Texas, to the regulated area because of the
discovery of infestation, anil requires that grapefruit, is a conilition (if inter-
state movement from these three counties, be harvested each year during the
period from September to February, inclusive, and that a host-free period
be maintained in these counties during the remainder of the year. These local
control measures are provided under Texas State regulations.
The harvesting season for other host fruits remains the same as heretofore
throughout the regulated area. nanmely, from September to May, inclusive, with
the host-free retiuirement in effect during the remainder of the year.
Some slight modifications have been made in other regulations, chiefly for
clarity. Former regulations 2 and 4 have been discontinued and the present
regulations have been renumbered accordingly.

SUMMARY

The interstate shipment of grapefruit, oranges, and(1 all other citrus fruits,
except lemons and sour limes, from the regulated area is prohibited unless a
Federal permit has been issued therefore (regulation 3). The permit- may he
limited as to destination, and when so limited are not valid for ',hiipunent to
other points except to diversion points for diversion to authorized destinations
(regulation 4 (f)).
Peaches, apples, Ipears, plumns, quinces, apricots, mangoes., sapotas. guavas,
mameys, riruelas, and fruit of species of thle genu.s Sqrgentifi are prohibited
interstate shipment from the regulated area. There are no restrictions on the
shiinpment of lemons or sour limes (regulation 3).
The conditions of certification, Including maintenance of host-free periods,
and sanitation measures, as well as the type of containers required in shippingg,
are specified in regulations 4 and 5. For marking requirements see regulation 6.
Applications for permits should be made to the Bureau of Entomology and
Plant Quarantine, 503 Rio Grnnde National Life Building, Harlingen, Tex.
S. A. ROHWFR,
Acting Chief, Bureau of Entomology and Plant Quarantine.


SEC. 301.64-NOTICE OF QUARANTINE NO. 64 (REVISED)
(Approved October 14. 1937: effective October 15. 1937)

I. Tlenry A. Wallace, Secretary of Agriculture, have determined that it is
necessary to quarantine the State of Texas to prevent the spread of an Injurious
insect known as the Mexican fruitfly (Anasitrcpha ludrns loew), new to and
not heretofore widely prevalent or distributed within and throughout the United
States.
190072-39








(. NowYt1erNefte, under authority conferred by the Plant Quarantine Act of
/ August-20, 1012 '137 Stat. 315), as amended by the act of Congress approved
S March 4, 1917 (.39-Stat. 1134, 1165), and having duly given the public hearing
/ required thereby,. I do quarantine the said State of Texas, effective on and
t- after October 15,.,937, and by this Notice of Quarantine No. 64 do order that
S no fruis, ,o any variety shall be shipped, offered for shipment to a common
,* carrii, received for transportation, or carried by a common carrier, or carried,
transported, moved, Jr allowed to be moved interstate from the said quarantined
State in manner 'or 1nethod or under conditions other than those prescribed in
the rules and regulations promulgated pursuant thereto or under such modifica-
tion thereof as& may be issued by the Chief of the Bureau of Entomology and
Plpt Qulrantjur& as hereinafter provided: Prorided, That the restrictions of
tbhis.quaraut&. e and of the rules and regulations supplemental thereto or modifi-
cation thereof as hereinafter provided, may be limited to the areas in the
State of Texas now, or which may hereafter be, designated by the Secretary
of Agriculture as regulated areas: Provided further, That such limitation 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 regu-
lated 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 extension 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
0f 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 14th day of October 1937.
Witness my hand and the seal of the United States Department
z of Agriculture.

H. A. W.ALLACE,
Secretary of Agriculture.



REGULATIONS (THIRD REVISION) SUPPLEMENTAL TO NOTICE OF
QUARANTINE NO. 64
(Approved October 10, 1939; effective October 16, 1939)
Regulation 1

SEc. 301.64-1. Definitions.-For the purpose of these regulations, the follow-
ing words shall be construed respectively to Mlean:
(a) Mexican fruitfly.-The insect known as the Mexican fruitfly (Anastrepha
ludens Loew).
(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 fruitfly,
namely, mangoes, sapotas (including sapodillas and the fruit of all members
of the family Sapotaceae and of the genus Casihniroa and all other fruits
commonly called sapotas or sapotes), peaches, guavas, apples, pears, plums,
quinces, apricots, mniameys, ciruelas. fruit of species of the genus Sargentia. and
all citrus fruits except lemons and sour linimes, together with any other fruits
which may later be determined as susceptible.
(d) Harre.ting sw.aoii.-A period during which host fruits are permitted
to be harvested for shipment interstate.
(e) Host-free period.-A period (luring which no host fruits are produced
or permitted to exist within the regulated area except under conditions pre-
scribed by the chief f of the Bureau of Entomology and Plant Quarantine.
(f) In.spector.-An inspector of the United States Department of Agriculture.

ISecs. 301.64 to 301.64-8 issued under authority of sec. 8, 37 Stat. 318; 39 Stat. 1165;
44 Stat. 250; 7 U. S. C. 161.








f(g) Moved interstate.-Shipped. offered for shipment to a common carrier,
received for transportation or transported by a coninmmon carrier, or carried,
transported, moved, or allowed to be moved from the area designated as
regulated in the State of Texas into or through any otJ''r State or Territory
or District.'
Regulation 2

SEC. 301.64-2. Regulated area.-In accordance with the provisos to Notice
of Quarantine No. 64, the Secretary (if Agriculture designates as regulated
area the counties of Brooks, Cameron, Dimmit, Hidalgo, La Salle, Webb, 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-
Duval County line from the point where Highways 141 and 66 intersect.2

Regulation 3

SEc. 301.6-14-3. Restrictions on the interstate movement of fruit from the
regulated arca.-(a) I'Prrmits rcquired.-Grapefruit, oranges, and other citrus
fruits, except lemons and sour limes, shall not be moved interstate from a
regulated area into or through any point outside thereof unless a permit has
been issued therefore by the United States Department of Agriculture.
(b) fMovement of noncitrus ho-.ot.i prohibit'd.-Peaches, apples, pears, plums,
quinces, apricots, mangoes, sapotas (see regulation 1 (r) (sec. 301.64-1)),
guavas. mameys. ciruelas, and fruits of species of the genus Sarfpentia shall
not be moved interstate from the regulated area and no permits will be issued
for such movement.
(c) No restrictions on lemon.s, sour lines, and manufactured fruits.-No
restrictions are placed by these regulations on the interstate movement of
lemons, sour limes, or host fruits which have been manufactured or processed
in such manner as to eliminate danger of carrying the Mexican fruitfly.
(d) Movement through regulated arca.-No restrictions are placed by these
regulations on the interstate movement of restricted articles from an area
not under regulation through a regulated area when such movement is on a
through billing.2
Regulation 4

SEc. 301.64-4. Conditions governing the issuance of permits.-Permits for
the interstate movement of grapefruit, oranges, and other restricted citrus
fruits from the regulated area may be issued upon determination by thle in-
spector that the proposed movement does not involve risk of spread of the
Mexican fruitfly. Such determination will be based on compliance with the
following conditions:
ta) Grove inspection and sanitation.-The grove in which the fruit was
produced shall be maintained in compliance with the host-free requirement
of these regulations and shall be kept free from drops and windfalls during
such periods and time as the Chief (if the Bureau of Entomology and Plant
Quarantine may direct. Such drops and windfalls shall be buried under at
least 18 inches of tamped soil, or otherwise disposed of in manner and method
prescribed by the Chief of the Bureau 4f Entomohigy and Plant Quarantine.
The grove shall further be nimaintained in compliance with such other require-
ments as may be enforced by tlhe State of Texas for the suppression of Mexican
fruitfly infestation. Permits may be issued for the interstate movement of
fruit produced only in such groves as have been inspected within 31 days prior
to the movement of tle fruit concerned and have been found free from Mexican
fruitfly infestation.
(b) Paeking-hiou.e requirenmciet.-The packer and shipper shall maintain
his packing plant in compliance with the sanitation requirements of flie State
of Texas issued fr 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.
(c) Applications.-Persons desiring to purchase. pack, or move grapefruit,
oranges, or other restricted citrus fruits interstate from the regulated area

'See footnote I.








shall make application for a permit to the office of the Bureau of Entomology
and Plant Quarantine, Harlingen, Tex.. as far as possible in advance of the
probable date of shipment. 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
packing will be obtained. Each apl)licanlt shall file with his application a
signed statement in which he agrees (1) to notify the inspector of all additional
groves from which fruit for packing will be obtained, (2) not to pack or ship
fruit from any grove until he hlias received written notification from the in-
spector that the grove has been maintained in compliance with the regulations
issued under this quarantine, and (3) to discontinue packing and shipping the
fruit from any grove on notification from the inspector of the discovery of
an infestation of the Mexican fruitfly 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 these regulations.
(d) Container.s.--Permits 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 shipment of citrus fruits, and of such nature as will permit
the inspector to identify the contents thereof.
(e) Sterilization way be requircd.-Sterilization of host fruits in manner
and by mniethod prescribed by the Chief of the Bureau of Entomology and Plant
Quarantine may be required as a conditions for the issuance of permits for
interstate movement thereof when in his judgment the shipments concerned
might involve risk of spread of the Mexican fruitfly.
(f) Destination Iimitations.-Permits may be limited as to destination and
when so limited the fruits covered thereby shall not be moved interstate from
thie regulated area, directly or indirectly, either in the original containers or
otherwise, to destinations other than those authorized in such permits, except
to the usual diversion points for diversion to authorized destinations only.
(g) Cancedation of pcrmits.-Perminits issued under these regulations may be
withdrawn or canceled and further permits refused, whenever in the
judgment of the Bureau of Entomology and Plant Quarantine, the further
u-e of such permits, might result in the dissemination of the Mexican fruitfly.
After any such permit is withdrawn or has expired, the further use of any
permit tags issued thereunder is prohibited.'

Regulation 5

SEC. 301.64-5. Conditions required in the regnuahed' area.-The interstate
movement of grapefruit, oranges, and other restricted citrus fruit from the
regulatedl area under permits issued by the United States Department of
Agriculture will be conditioned on the State of Texas providing for and enforc-
ing the following control measures in manner and by method approved by the
United States Department of Agriculture, namely:

HARVESTING SEASON

(a) The harvesting season of host fruits within the regulated area shall
begin on the first day of September of each year and end at midnight ')n
April :-3'0 of the following year except that in Dimmit. La Salle, and Webb
Countie-s, the harvesting period for grapefruit shall end on the last day of
February: Prorided. That the harvesting period in any regulated area shall
be subject to such modification ;as to d(uirationl as minay be authorized by the
Clief of the Bureau of Entomiology and Plant Quarantine when in his judgment
such modification does not involve risk of "pr;'ad of the Mexican fruitfly.

HOST-FREE PERIOD
(b) A host-free period shall be mnaiiitainedI each year begihining on the first
daiy of May aind (continuing through the last day of August, in the regulated
arO:i, except that in Dimmit, La S:ille,. and Webb (C'ounties, the host-free period
for grapelruit shall begin on the first day of March andl continue through the
last day of August: Prided. That thie lhost-free period in ;any regulated area


a See footnote 1.








shall be subject to such modification as to duration as iniy be aluthrized
by the Chief of the Bureau of Entomntlogy and Plant Quarantine when in
his judgment such modification does not involve risk of spread if tile Mexxican
fruitfly.
Prior to such host-free period each ytar, iall restricted citruis fruit shalll
be removed fromin the tree for immediate sale or shipment, or for retention in
fly-proof storage approved by tlie C'hief of thile Bureau (if Entoimology and
Plant Quarantinc. and all otltier host fruits. shall lit destroytd ei tlher folllowilng
removal from the trees or by destruction of the trees themselves.
No host fruits shalnl he permitted to remain on trees or to exist elsewhere
within a regulated area at any time during such host-free period except
immature citrus fruits which in tile judgmentlt of the C'hief of tlhet, Bllreau of
Entomology anil Plant Quarantinte are not s1i,-tep1ti lde to ilnfetsta;tiol by tile
Mexican fruitfly.
INFESTED ZONES
(c) U'pon thle determination of a Mexican fruittly infestation within a
regulate i area, whichli in the jud igmen ta of the ('Chief of the Bureau of Ento-
inology and Plant Quarantine constitutes a risk of spread oif such fly, an
infested zone shall be designated by the State of Texas subject to approval
by the Ul'nited States Departnient of Agriculture and all lost fruits in su-cepti-
ble stages of maturity proiducted within such zone shall be destroyed or processed
inll sultli a manner as to render them free frio1Il ilfestatiin.4

Regulation 6

SEc. 301.64-6. JfarAing rcqiiircm.nit..-Every crate, box. or other container
of host fruit moved interstate under these regulations shall have securely
attached thereto a shipping permit issued under the provisions of regulation 4
(sec. 301.64-4), and shall be subject to such other marking as may be required
by the inspector.
Each shipment of six or more crates, boxes, or other containers if hoist
fruit moved interstate under these regulations shall, in addition to the shipping
permit on each such container, be accompanied by a master permit showing
the number of containers and either the license number and destination of the
vehicle or the name, number, and destination of the freight car or other carrier,
as tle case may lie.4
Regulation 7

SEc. 301.-A-7. Inspection in tran.i-t.-Any car. vehicle, basket, box, crate, or
either container, moved interstate, which contains or which the inspector has
probable cause to believe contains articles the movement of which is prilhibited
,or restricted by these regulations, shall be subject to inspection by inspectors
at any time or place.4
Regulation S

SEC. 301.C4-'. Shipment for e.rprritn niatl or scti'ntifir purposcs.-Article.;
subject to restriction in these regulations may be moved interstate for ex-
perimeital or scientific purpo,:es. lln such conditions and under such cafe-
guards as may be prescribed by the C'hief of the B4ureau of Entomology and
Plant Quarantine. The container of article, sip moved shall bear. securely
attached to the outside thereof, an identifying tag from the Bureau of Euto-
nMlogy anUd PlaInt Quarantine sheowving comilpliance with such ciiiidition..*
These revised riles and regulations shall be effective (in and after (October
16i. 193f. ;tid shliall supersede the rules an id regulatiLons proniulgatted I Octoberr
14. 1937.
Done at the city of Wa'asliigtn this, 10th dlay of (hOtober 1939.
Witness my handle anid tie seal of title United Sta:tos Departlient
Of Agriculture.
c t. A. f A.\j..,,tu'.
Secretary/ of Ayrividtum'.

p f fi tn ,,t m 1.


%1 CCVERMMEIT PRINTING OFFICE! 1931









































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