PART 318—STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Source: 24 FR 10777, Dec. 29, 1959, unless otherwise noted. Subpart A—Regulated Articles From Hawaii and the Territories Source: 74 FR 2775, Jan 16, 2009, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 318.13-1 Notice of quarantine. (a) Under the authority of section 412 of the Plant Protection Act, the Secretary of Agriculture may prohibit or restrict the movement in interstate commerce of any plant or plant product if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the dissemination within the United States of a plant pest or noxious weed. (b) The Secretary has determined that it is necessary to prohibit the interstate movement of cut flowers and fruits and vegetables and plants and portions of plants from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands except as provided in this subpart or as provided in “Subpart B—Territorial Cotton, Cottonseed, and Cottonseed Products” and “Subpart C—Sand, Soil, or Earth, with Plants from Territories and Districts” in this part. [74 FR 2775, Jan. 16, 2009, as amended at 74 FR 15641, Apr. 7, 2009; 84 FR 2428, Feb. 7, 2019] § 318.13-2 Definitions. Administrator. Animal and Plant Health Inspection Service. Certification (certified). Commercial consignment. Compliance agreement. Consignment. Continental United States. Cut flower. Disinfection (disinfect and disinfected). Fruits and vegetables. Inspector. Interstate. Limited permit. (1) Consumption, limited utilization or processing, or treatment; or (2) Movement into or through the continental United States in conformity with a transit permit. Lot. Means of conveyance. Moved (move and movement). Packing materials. Person. Plant debris. Plant pests. Plant Protection and Quarantine (PPQ). Regulated articles. Sealed (sealable) container. Soil. State. Transit permit. Transloading. United States. [74 FR 2775, Jan 16, 2009, as amended at 83 FR 46637, Sept. 14, 2018] § 318.13-3 General requirements for all regulated articles. All regulated articles that are allowed movement under this subpart must be moved in accordance with the following requirements, except as specifically provided otherwise in this subpart. (a) Freedom from plant debris. (b) Certification. (1) Certification on basis of inspection or nature of lot involved. (i) Persons intending to move any articles that may be certified must contact the local Plant Protection and Quarantine office as far as possible in advance of the contemplated date of shipment in order to request an inspection. (ii) Persons intending to move any articles that may be certified must prepare, handle, and safeguard such articles from infestation or reinfestation, and assemble them at such points as the inspector may designate, placing them so that inspection may be readily made. (2) Certification on basis of treatment. (ii) Regulated articles certified after treatment in accordance with part 305 of this chapter that are taken aboard any ship, vessel, other surface craft, or aircraft must be segregated and protected in a manner as required by the inspector. (c) Limited permits. 1 1 (2) Limited permits may be issued by an inspector for the movement of regulated articles that would otherwise be prohibited movement under this subpart, if the articles are to be moved in accordance with § 318.13-6. (3) Except when the regulations specify that an inspector must issue the limited permit, limited permits may be issued by a person operating under a compliance agreement. (d) Compliance agreements. (1) That he or she will use any permit or certification issued to him or her in accordance with the provisions in the permit, the requirements in this subpart, and the compliance agreement; (2) That he or she will maintain at his or her establishment such safeguards against the establishment and spread of infestation and infection and comply with such conditions as to the maintenance of identity, handling (including post-treatment handling), and interstate movement of regulated articles and the cleaning and treatment of means of conveyance and containers used in such movement of the articles, as may be required by the inspector in each specific case to prevent the spread of infestation or infection; and (3) That he or she will allow inspectors to inspect the establishment and its operations. (e) Attachment of limited permit or verification of certification. Provided (f) Withdrawal of certification, transit permits, limited permits, or compliance agreements. (g) Container marking and identity. (h) Refusal of movement. (i) Costs and charges. (j) APHIS not responsible for damage. (Approved by the Office of Management and Budget under control number 0579-0346) [74 FR 2775, Jan. 16, 2009, as amended at 75 FR 4249, Jan. 26, 2010] § 318.13-4 Authorization of certain fruits and vegetables for interstate movement. (a) Determination by the Administrator. (b) Designated phytosanitary measures. (2) The fruits and vegetables are subject to growing area pest mitigations, which could include, but are not limited to, detection surveys, trapping requirements, pest exclusionary structures, and field inspections. (3) The fruits and vegetables are subject to safeguarding and movement mitigations, which could include, but are not limited to, safeguarded transport, box labeling, limited distribution, insect-proof boxes, and importation as commercial consignments only. (4) The fruits and vegetables are subject to administrative mitigations, which could include, but are not limited to, registered fields or orchards, registered growing sites, registered packinghouses, inspection in the State of origin by an inspector, and operational workplan monitoring. (5) The fruits and vegetables are subject to any other measures deemed appropriate by the Administrator. (c) Authorized fruits and vegetables Comprehensive list. https://www.aphis.usda.gov/aphis/ourfocus/planthealth/complete-list-of-electronic-manuals. (2) Fruits and vegetables authorized for interstate movement prior to October 15, 2018. (3) Other fruits and vegetables. (i) APHIS has analyzed the pest risk posed by the interstate movement of a fruit or vegetable and has determined that the risk posed by each quarantine pest associated with the fruit or vegetable can be reasonably mitigated by the application of one or more phytosanitary measures; (ii) APHIS has made its pest risk analysis and determination available for public comment for at least 60 days through a notice published in the Federal Register (iii) The Administrator has announced his or her decision in a subsequent Federal Register (4) Changes to phytosanitary measures. Federal Register (ii) If the Administrator determines that any of the phytosanitary measures required for a fruit or vegetable that has been authorized interstate movement under this subpart are no longer necessary to reasonably mitigate the pest risk posed by the fruit or vegetable, APHIS will make new pest risk documentation available for public comment, in accordance with paragraph (c)(3) of this section, prior to allowing interstate movement of the fruit or vegetable subject to the phytosanitary measures specified in the notice. (Approved by the Office of Management and Budget under control number 0579-0346) [83 FR 46637, Sept. 14, 2018] § 318.13-5 Pest-free areas. Certain fruits or vegetables may be moved interstate provided that the fruits or vegetables originate from an area that is free of a specific pest or pests. In some cases, fruits or vegetables may only be moved interstate if the area of origin is free of all plant pests that attack the fruits or vegetables. In other cases, fruits or vegetables may be moved interstate if the area of origin is free of one or more plant pests that attack the fruit or vegetable and the risk posed by the remaining plant pests that attack the fruit or vegetable is mitigated by other specific phytosanitary measures contained in the regulations in this subpart. (a) Application of standards for pest-free areas. (b) Survey protocols. (c) Determination of pest freedom. Federal Register (2) The Administrator will announce his or her decision in a subsequent Federal Register (i) No comments were received on the notice or (ii) The comments on the notice did not affect the overall conclusions of the notice and the Administrator's determination of risk. (d) Decertification of pest-free areas; reinstatement. Federal Register (e) General requirements for the interstate movement of regulated articles from pest-free areas Labeling. (i) The name of the orchard or grove of origin, or the name of the grower; and (ii) The name of the municipality and State or territory in which the fruits or vegetables were produced; and (iii) The type and amount of fruits or vegetables the box contains. (2) Compliance agreement. (3) Safeguarding. (Approved by the Office of Management and Budget under control number 0579-0346) § 318.13-6 Transit of fruits and vegetables from Hawaii or the territories into or through the continental United States. Fruits and vegetables from Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands that are otherwise prohibited interstate movement into the continental United States by this subpart may transit the continental United States en route to a foreign destination when moved in accordance with this section. (a) Transit permit. 2 2 http://www.aphis.usda.gov/plant_health/permits/transit.shtml http://www.aphis.usda.gov/permits/learn_epermits.shtml. (i) The specific types of fruits and vegetables to be shipped (only scientific or English common names are acceptable); (ii) The means of conveyance to be used to transport the fruit or vegetable through the continental United States; (iii) The port of arrival in the continental United States, and the location of any subsequent stop; (iv) The location of, and the time needed for, any storage in the continental United States; (v) Any location in the continental United States where the fruits or vegetables are to be transloaded; (vi) The means of conveyance to be used for transporting the fruits or vegetables from the port of arrival in the continental United States to the port of export; (vii) The estimated time necessary to accomplish exportation, from arrival at the port of arrival in the continental United States to exit at the port of export; (viii) The port of export; and (ix) The name and address of the applicant and, if the applicant's address is not within the territorial limits of the continental United States, the name and address in the continental United States of an agent whom the applicant names for acceptance of service of process. (2) A transit permit will be issued only if the following conditions are met: (i) APHIS inspectors are available at the port of arrival, port of export, and any locations at which transloading of cargo will take place and, in the case of air consignments, at any interim stop in the continental United States, as indicated on the application for the transit permit; (ii) The application indicates that the proposed movement would comply with the provisions in this section applicable to the transit permit; and (iii) During the 12 months prior to receipt of the application by APHIS, the applicant has not had a transit permit withdrawn under § 318.13-3(f), unless the transit permit has been reinstated upon appeal. (b) Limited permit. (1) The inspector determines that the specific type and quantity of the fruits or vegetables being shipped are accurately described by accompanying documentation, such as the accompanying manifest, waybill, and bill of lading. (Only scientific or English common names are acceptable.) The fruits or vegetables shall be assembled at whatever point and in whatever manner the inspector designates as necessary to comply with the requirements of this section; and (2) The inspector establishes that the consignment of fruits or vegetables has been prepared in compliance with the provisions of this section. (c) Marking requirements. (d) Handling of fruits and vegetables. (e) Area of movement. (f) Movement of regulated articles. (g) Notification in case of emergency. (h) Consignments by sea. e.g. (i) Consignments by air. e.g. (i) The transloading is done into sealable containers; (ii) The transloading is carried out within the secure area of the airport ( i.e. (iii) The area used for any storage is within the secure area of the airport; and (iv) APHIS inspectors are available to provide the supervision required by paragraph (i)(1) of this section. (2) Except as authorized by paragraph (f) of this section, consignments that continue by air from the port of arrival in the continental United States may be authorized by APHIS for only one additional stop in the continental United States, provided the second stop is within the designated corridor set forth in paragraph (e) of this section and is staffed by APHIS inspectors. As an alternative to transloading a consignment arriving in the United States into another aircraft, consignments that arrive by air may be transloaded into a truck trailer for export by the most direct route to the final destination of the consignment through the designated corridor set forth in paragraph (e) of this section. This may be done at either the port of arrival in the United States or at the second authorized air stop within the designated corridor. No other transloading of the consignment is allowed, except under extenuating circumstances ( e.g. (j) Duration and location of storage. (k) Temperature requirement. (l) Prohibited materials. (2) The person in charge of or in possession of any means of conveyance or container returned to the United States without being reloaded after being used to export fruits or vegetables from the United States under this section must ensure that the means of conveyance or container is free of materials prohibited importation into the United States under this chapter. (m) Authorization by APHIS of the movement of fruits or vegetables through the United States under this section does not imply that such fruits or vegetables are enterable into the destination country. Consignments returned to the United States from the destination country shall be subject to all applicable regulations, including “Subpart L—Fruits and Vegetables ” of part 319 and “Plant Quarantine Safeguard Regulations” of part 352 of this chapter. (n) Any restrictions and requirements with respect to the arrival, temporary stay, unloading, transloading, transiting, exportation, or other movement or possession in the United States of any fruits or vegetables under this section shall apply to any person who brings into, maintains, unloads, transloads, transports, exports, or otherwise moves or possesses in the United States such fruits or vegetables, whether or not that person is the one who was required to have a transit permit or limited permit for the fruits or vegetables or is a subsequent custodian of the fruits or vegetables. Failure to comply with all applicable restrictions and requirements under this section by such a person shall be deemed to be a violation of this section. (Approved by the Office of Management and Budget under control number 0579-0346) [74 FR 2775, Jan 16, 2009, as amended at 84 FR 2428, Feb. 7, 2019] § 318.13-7 Products as ships' stores or in the possession of passengers or crew. (a) In the possession of passengers or crew members. (b) As ships' stores or decorations. (1) Entirely consumed or removed from the ship, vessel, or other surface craft before arrival within the territorial waters of the continental United States, Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, or any other territory or possession of the United States; or (2) In the case of a surface carrier, retained aboard such carrier under seal or otherwise disposed of subject to safeguards equivalent to those imposed on other prohibited or restricted products by paragraphs (b) and (c) of § 352.10 of this chapter. § 318.13-8 Articles and persons subject to inspection. In addition to the inspection requirements in §§ 318.13-9 and 318.13-10, persons, means of conveyance (including ships, other oceangoing craft, and aircraft), baggage, cargo, and any other articles, that are destined for movement, are moving, or have been moved from Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands to a destination elsewhere in the United States are subject to agricultural inspection at the port of departure, the port of arrival, or any other authorized port. If an inspector finds any article prohibited movement by the quarantine and regulations of this subpart, he or she, taking the least drastic action, shall order the return of the article to the place of origin, or the exportation of the article, under safeguards satisfactory to him or her, or otherwise dispose of it, in whole or part, to comply with the quarantine and regulations of this subpart. § 318.13-9 Inspection and disinfection of means of conveyance. (a) Inspection of aircraft prior to departure. (b) Inspection of aircraft moving to Guam. (c) Inspection of ships upon arrival. (d) Disinfection of means of conveyance. § 318.13-10 Inspection of baggage, other personal effects, and cargo. (a) Offer for inspection by aircraft passengers. (b) Offer for inspection by aircraft crew. (c) Baggage inspection for persons traveling to Guam on aircraft. (d) Baggage acceptance and loading on aircraft. (e) Offer for inspection by persons moving by ship. (f) Loading of certain cargoes. (2) Cargo designated may be loaded without a U.S. Department of Agriculture stamp or inspection sticker attached to the cargo or a limited permit attached to the cargo if the cargo is moved: (i) As containerized cargo on ships or other oceangoing craft or as air cargo; (ii) The carrier has on file documentary evidence that a valid limited permit was issued for the movement or that the cargo was certified; and (iii) A notation of the existence of these documents is made by the carrier on the waybill, manifest, or bill of lading that accompanies the consignment. (3) Cargo moved in accordance with § 318.13-6(b) that does not have a limited permit attached to the cargo must have a limited permit attached to the waybill, manifest, or bill of lading accompanying the consignment. (g) R emoval of certain cargoes in Guam. (h) Space and facilities for baggage and cargo inspection. § 318.13-11 Posting of warning notice and distribution of baggage declarations. (a) Before any aircraft or any ship, vessel, or other surface craft moving to Guam, the Commonwealth of Northern Mariana Islands, or American Samoa from Hawaii or any other territory or possession of the United States arrives in Guam, the Commonwealth of Northern Mariana Islands, or American Samoa, a baggage declaration, to be furnished by the U.S. Department of Agriculture, calling attention to the provisions of the Plant Protection Act and the quarantine and regulations in this subpart, must be distributed to each adult passenger. These baggage declarations shall be executed and signed by the passengers and shall be collected and delivered by the master or other responsible officer of the aircraft, ship, vessel, or other surface craft to the inspector on arrival at the quarantine or inspection area. (b) Every person owning or controlling any dock, harbor, or landing field in Hawaii, Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, or the U.S. Virgin Islands from which ships, vessels, other surface craft, or aircraft leave for ports in any other State shall post, and keep posted at all times, in one or more conspicuous places in passenger waiting rooms on or in said dock, harbor, or landing field a warning notice directing attention to the quarantine and regulations in this subpart. Every master, or other responsible officer of any ship, vessel, other surface craft, or aircraft leaving Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands destined to a port in any other State, shall similarly post, and keep posted at all times, such a warning notice in the ship, vessel, other surface craft, or aircraft under his charge. § 318.13-12 Movement by the U.S. Department of Agriculture. Notwithstanding any other restrictions of this subpart, regulated articles may be moved if they are moved by the U.S. Department of Agriculture for experimental or scientific purposes and are moved under conditions found by the Administrator to be adequate to prevent the spread of plant pests and diseases. § 318.13-13 Movement of frozen fruits and vegetables. Frozen fruits and vegetables may be certified for movement from Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands, into or through any other territory, State, or District of the United States in accordance with § 318.13-3. Such fruits and vegetables must be held at a temperature not higher than 20 °F during shipping and upon arrival in the continental United States, and in accordance with the requirements for the interstate movement of frozen fruits and vegetables in part 305 of this chapter. [74 FR 2775, Jan 16, 2009, as amended at 83 FR 46638, Sept. 14, 2018] § 318.13-14 Movement of processed fruits, vegetables, and other products. (a) Fruits, vegetables, and other products that are processed sufficiently as to preclude the survival of any live pests can be moved interstate from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. Those processed products which are approved for interstate movement from those States can be found in the fruits and vegetables manuals for those States. These manuals are available on the Internet at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/hawaii.pdf http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/puerto_rico.pdf. (b) Consignments of processed fruits, vegetables, or other products that have not been processed sufficiently as to be incapable of harboring fruit flies are subject to the interstate movement requirements which apply to the fruit, vegetable, or other product in its unprocessed state. § 318.13-15 Parcel post inspection. Inspectors are authorized to inspect, with the cooperation of the U.S. Postal Service, parcel post packages placed in the mails in Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands to determine whether such packages contain products whose movement is not authorized under this subpart, to examine any such products that are found for insect infestation, and to notify the postmaster in writing of any violations of this subpart that are found as a result of an inspection. § 318.13-16 Regulated articles from Guam. (a)(1) Regulated articles, other than soil, may be moved from Guam into or through any other State only if they meet the strictest plant quarantine requirements in accordance with part 319 of this chapter for similar articles offered for entry into such States from the countries of East and Southeast Asia, including Cambodia, India, Japan, Korea, Laos, the northeastern provinces of Manchuria, the Philippines, Taiwan, and Vietnam, or the islands of the Central and South Pacific, including Micronesia, Melanesia, and Polynesia, as well as Australia, New Zealand, and the Malay Archipelago, except requirements for permits, phytosanitary certificates, notices of arrival, and notices of consignment from port of arrival. Soil must meet the requirements of § 330.300 of this chapter. (2) Regulated articles that do not meet the requirements of paragraph (a)(1) of this section are prohibited movement from Guam into or through any other State. (b)(1) Regulated articles moved from Guam into or through any other State shall be subject to inspection at the port of first arrival in another part of the United States to determine whether they are free of plant pests and otherwise meet the requirements applicable to them under this subpart, and shall be subject to release, in accordance with § 330.105(a) of this chapter as if they were foreign arrivals. Such articles shall be released only if they meet all applicable requirements under this subpart. (2) A release shall be issued in writing unless the inspection involves small quantities of regulated articles, in which case a release may be issued orally by the inspector. [74 FR 2775, Jan 16, 2009. Redeisgnated and amended at 83 FR 46638, Sept. 14, 2018] § 318.13-17 Cut flowers from Hawaii. (a) Except for cut blooms and leis of mauna loa and jade vine and except for cut blooms of gardenia not grown in accordance with paragraph (b) of this section, cut flowers may be moved interstate from Hawaii under limited permit, to a destination specified in the permit, directly from an establishment operated in accordance with the terms of a compliance agreement executed by the operator of the establishment, if the articles have not been exposed to infestation and they are not accompanied by any articles prohibited interstate movement under this subpart. (b) Cut blooms of gardenia may be moved interstate from Hawaii if grown and inspected in accordance with the provisions of this section. 4 4 (1) The grower's production area must be inspected annually by an inspector and found free of green scale. If green scale is found during an inspection, a 2-month ban will be placed on the interstate movement of cut blooms of gardenia from that production area. Near the end of the 2 months, an inspector will reinspect the grower's production area to determine whether green scale is present. If reinspection determines that the production area is free of green scale, shipping may resume. If reinspection determines that green scale is still present in the production area, another 2-month ban on shipping will be placed on the interstate movement of gardenia from that production area. Each ban will be followed by reinspection in the manner specified, and the production area must be found free of green scale prior to interstate movement. (2) The grower must establish a buffer area surrounding gardenia production areas. The buffer area must extend 20 feet from the edge of the production area. Within the buffer area, the growing of gardenias and the following green scale host plants is prohibited: Ixora, ginger ( Alpinia purpurata Pluchea indica, (3) An inspector must visually inspect the cut blooms of gardenias in each consignment prior to interstate movement from Hawaii to the mainland United States. If the inspector does not detect green scale in the consignment, the inspector will certify the consignment in accordance with § 318.13-3(b). If the inspector finds green scale in a consignment, that consignment will be ineligible for interstate movement from Hawaii. (Approved by the Office of Management and Budget under control number 0579-0198) [74 FR 2775, Jan 16, 2009. Redesignated at 83 FR 46638, Sept. 14, 2018] Subpart B—Territorial Cotton, Cottonseed, and Cottonseed Products Source: Redesignated at 84 FR 2428, Feb, 7, 2019. Quarantine § 318.47 Notice of quarantine. (a) The Secretary of Agriculture having previously quarantined Hawaii and Puerto Rico on account of the pink bollworm of cotton (Pectinophora gossypiella Saunders) and the cotton blister mite (Eriophyes gossypii Banks), insect pests new to and not widely prevalent or distributed within and throughout the United States, now determines that it is necessary to extend the quarantine to prevent the spread of these insects from the Virgin Islands of the United States, where they are known to occur. (b) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, Puerto Rico, and the Virgin Islands of the United States are quarantined to prevent the spread of the aforementioned insect pests. (c) All parts and products of plants of the genus Gossypium, such as seeds including seed cotton; cottonseed; cotton lint, linters, and other forms of cotton fiber; cottonseed hulls, cake, meal, and other cottonseed products, except oil; cotton waste; and all other unmanufactured parts of cotton plants; and all second-hand burlap and other fabric which have been used, or are of the kinds ordinarily used, for wrapping or containing cotton, are hereby prohibited movement from the Hawaii, Puerto Rico, and the Virgin Islands of the United States into or through any other State, Territory or District of the United States, in manner or method or under conditions other than those prescribed in the regulations hereinafter made or amendments thereto: Provided, (d) As used in this subpart, unless the context otherwise requires, the term State, Territory, or District of the United States [24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001] § 318.47a Administrative instructions relating to Guam. The plants, products and articles specified in § 318.47(c) may be moved from Hawaii into or through Guam without restriction under this subpart. Rules and Regulations Cross Reference: For rules and regulations governing the importation of cotton and cottonseed products into the United States, see §§ 319.8 to 319.8-27 of this chapter. § 318.47-1 Definitions. For the purpose of the regulations in this subpart the following words, names, and terms shall be construed, respectively, to mean: (a) Cotton. (b) Seed cotton. (c) Cottonseed. (d) Lint. (e) Linters. (f) Waste. (g) Seedy waste. (h) Clean waste. (i) Bale covers. (j) Certificate certification, certified (k) Permit. (l) Fumigated. (m) Moved movement, move § 318.47-2 Articles the movement of which is prohibited or regulated. (a) Articles prohibited movement. (b) Articles the movement of which is regulated. § 318.47-3 Conditions governing the issuance of certificates and permits. (a) Fumigated lint; linters; waste; seed cotton; cottonseed; cottonseed hulls, cake, and meal; and bale covers. (b) Unfumigated lint, linters, waste, and bale covers. (2) Fumigation may be waived and certificates issued for lint, linters, and waste which have been determined by an inspector of the Plant Protection and Quarantine Programs to have been so manufactured or processed by bleaching, dyeing, or other means, as to have removed all seeds, or to have destroyed all insect life therein. (c) Cottonseed cake and meal. (2) Hawaiian, Puerto Rican, and Virgin Islands of the United States cottonseed cake and meal, when neither fumigated nor inspected in accordance with the provisions of this section, will be allowed entry under permit through any port at which the services of an inspector are available, subject to examination by an inspector for freedom from contamination with uncrushed cottonseed. If found to be free from such contamination, the cottonseed cake or meal may be released from further entry restrictions. Cottonseed cake or meal found to be contaminated shall be refused entry or subjected as a condition of entry and release to such safeguards as may be prescribed by the inspector from such administratively approved methods as will, in his judgment, be necessary to eliminate infestations of the pink bollworm or cotton blister mite. [24 FR 10777, Dec. 29, 1959, as amended at 75 FR 4251, Jan. 26, 2010] § 318.47-4 Shipments by the Department of Agriculture. Cotton may be moved by the Department of Agriculture for experimental or scientific purposes under such conditions as may be prescribed by the Deputy Administrator of the Plant Protection and Quarantine Programs, which conditions may include clearance through the New Crops Research Branch of the Plant Science Research Division, Agricultural Research Service. Subpart C—Sand, Soil, or Earth, with Plants from Territories and Districts Source: Redesignated at 84 FR 2428, Feb. 7, 2019. § 318.60 Notice of quarantine. (a) The Secretary of Agriculture, having previously quarantined Hawaii and Puerto Rico to prevent the spread to other parts of the United States, by means of sand, soil, or earth about the roots of plants, of immature stages of certain dangerous insects, including Phyllophaga spp. (White grubs), Phytalus sp., and Adoretus sp., and of several species of termites or white ants, new to and not heretofore widely prevalent or distributed within and throughout the United States, now determines that it is necessary also to quarantine the Virgin Islands of the United States to prevent the spread of such dangerous insects from said Virgin Islands. (b) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, Puerto Rico, and the Virgin Islands of the United States are quarantined to prevent the spread of the aforementioned dangerous insects. (c) Sand (other than clean ocean sand), soil, or earth around the roots of plants must not be shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any person from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State, Territory, or District of the United States: Provided, Provided further, Provided further, And provided further, (1) Freed from sand, soil, and earth; (2) Subsequently potted and established in sphagnum moss or other packing material approved under § 319.37-11 of this chapter that had been stored under shelter and had not been previously used for growing or packing plants; (3) Grown thereafter in a manner satisfactory to an inspector of the Plant Protection and Quarantine Programs to prevent infestation through contact with sand, soil, or earth; and (4) Certified by an inspector of the Plant Protection and Quarantine Programs as meeting the requirements of paragraphs (c)(1) through (3) of this section. (d) As used in this section, the term State, Territory, or District of the United States [24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001; 83 FR 11855, Mar. 19, 2018; 84 FR 29957, June 25, 2019]