Title 7
SECTION 301.85-3
301.85-3 Conditions governing the interstate movement of regulated articles from quarantined States. 2
§ 301.85-3 Conditions governing the interstate movement of regulated articles from quarantined States. 22 Requirements under all other applicable Federal domestic plant quarantines must also be met.
(a) Any regulated articles except soil samples for processing, testing, or analysis may be moved interstate from any quarantined State under the following conditions:
(1) With certificate or permit issued and attached in accordance with §§ 301.85-4 and 301.85-7 if moved:
(i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or
(ii) From any generally infested area into or through any suppressive area; or
(iii) Between any noncontiguous suppressive areas; or
(iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the golden nematode and the person in possession thereof has been so notified; or
(v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or
(2) From any regulated area, without certificate or permit if moved:
(i) Under the provisions of § 301.85-2b which exempts certain articles from certificate and permit requirements; or
(ii) From a generally infested area to a contiguous generally infested area; or
(iii) From a suppressive area to a contiguous generally infested area; or
(iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the golden nematode exists; or
(v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or
(3) From any area outside the regulated areas, if moved:
(i) With a certificate or permit attached; or
(ii) Without a certificate or permit, if:
(a) The regulated articles are exempt from certification and permit requirements under the provisions of § 301.85-2b; or
(b) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.
(b) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing or analysis may be moved interstate from any regulated area only to laboratories approved 3 by the Deputy Administrator and so listed by him in a supplemental regulation. 4 A certificate or permit is not required to be attached to such soil samples except in those situations where the Deputy Administrator has authorized such movement only with a certificate or permit issued and attached in accordance with §§ 301.85-4 and 301.85-7. A certificate or permit is not required to be attached to soil samples originating in areas outside of the regulated areas if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.
3 Pamphlets containing provisions for laboratory approval may be obtained from the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
4 For list of approved laboratories, see PP 639 (37 FR 7813, 15525, and amendments thereof).
[37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002]