PART 330—FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS, BIOLOGICAL CONTROL ORGANISMS, AND ASSOCIATED ARTICLES; GARBAGE Authority: 7 U.S.C. 1633, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. Source: 24 FR 10825, Dec. 29, 1959, unless otherwise noted. Subpart A—General Provisions Source: Redesignated at 84 FR 2429, Feb. 7, 2019. § 330.100 Definitions. The following terms, when used in this part, shall be construed, respectively, to mean: Administrative instructions. Administrator. Animal and Plant Health Inspection Service (APHIS). Article. Biocontainment facility. Biological control organism. Continental United States. Continued curation permit. Department. Deputy Administrator. Enter (entry). EPA. Export (exportation). Garbage. Hand-carry. Import (importation). Inspector. Interstate movement. Living. Means of conveyance. Move (moved and movement). Noxious weed. Owner. Permit. Permittee. Person. Plant. Plant pest. Plant product. Plant Protection and Quarantine Programs. Pure culture. Regulated garbage. Responsible individual. et seq. Secure shipment. Shelf-stable. Soil. State. Sterilization (sterile, sterilized). Taxon (taxa). Transit. United States. U.S. Customs and Border Protection (CBP). [84 FR 29958, June 25, 2019] § 330.101 Policy. The purpose of the regulations in this part is to prevent the dissemination of plant pests into the United States, or interstate, by regulating the movement of plant pests into or through the United States, or interstate, and the movement of means of conveyance, earth, stone and quarry products, garbage, and certain other products and articles into or through the United States, or from any Territory or possession into or through any other Territory or possession or the continental United States. The Deputy Administrator shall employ procedures to carry out this purpose which will impose a minimum of impediment to foreign commerce and travel whenever practicable, consistent with proper precaution against plant pest dissemination. The same policy is to be applied in the case of interstate commerce and travel. § 330.102 Basis for certain regulations. Under the authority of the Plant Protection Act, the Secretary may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, article (including baggage, mail, garbage, earth, stone, and quarry products) or means of conveyance if such actions are necessary to prevent the introduction into or the dissemination within the United States of a plant pest or noxious weed. [66 FR 21058, Apr. 27, 2001] § 330.103 Documentation. Any notifications, reports, and similar documentation not specified in the regulations in this part, but necessary to carry out the purpose of the regulations, will be prescribed in administrative instructions. § 330.104 Ports of entry. Ports of entry for plant pests, means of conveyance, or other products or articles of any character whatsoever the entry or movement of which is regulated by the regulations in this part may be specified in administrative instructions or in the permits if permits are required by the regulations. The ports of entry shall be those named in 19 CFR 101.3(b)(1), except as otherwise provided by administrative instructions or by permits issued in accordance with this part, and except those ports of entry listed below. List of Exceptions to Customs Designated Ports of Entry State Port of entry [Reserved] [Reserved] [24 FR 10825, Dec. 29, 1959, as amended at 72 FR 43523, Aug. 6, 2007] § 330.105 Inspection. (a) Inspection of foreign arrivals. (b) Inspection of domestic movements. Note: Notices appearing at 24 FR 4650, June 9, 1959, 24 FR 5363, July 2, 1959, 24 FR 6889, August 26, 1959, and 24 FR 7519, September 18, 1959, provide in part as follows: That means of conveyance subject to such inspection and release requirements and arriving at any port of entry outside the regularly assigned hours of duty of the Federal plant quarantine inspector, will be held for such inspection and release, until the regularly assigned hours of duty. However, notice is also hereby given that pursuant to the provisions of the Act of August 28, 1950 (7 U.S.C. 2260) such inspection service outside of the regularly assigned hours of duty may be made available to any interested person, upon a reimbursable basis and in accordance with applicable regulations, upon request to the Plant Quarantine Inspector in Charge at such port. Information concerning regularly assigned hours of duty for Federal plant quarantine inspectors at each port where such inspection is available may be obtained locally by application to the Plant Quarantine Inspector in Charge at such port. [24 FR 10825, Dec. 29, 1959, as amended at 62 FR 65009, Dec. 10, 1997; 84 FR 29960, June 25, 2019] § 330.106 Emergency measures. (a) Procedures to prevent pest dissemination. (b) Orders for remedial measures. (c) Failure to apply remedial measures. (d) Khapra beetle infestations of means of conveyance, or cargo or stores thereof; other infestations. (1) Infestation in storerooms and similar compartments of means of conveyance except aircraft (ii) If the means of conveyance is to leave the territorial limits of the United States directly for a port in another country within 24 hours of such order, the inspector may suspend compliance with the fumigation requirement pending departure from the United States. Pending fumigation or departure, the inspector may seal the openings of infested compartments, packages, or articles, if in his opinion the action is necessary to prevent plant pest dissemination while the means of conveyance remains in the teritorial limits of the United States, as authorized in § 330.110. The inspector may extend the 24-hour period to 48 hours, if, in his judgment, such extension is warranted by plans of the owner to remove the means of conveyance from the territorial limits of the United States within the extended period, the inability of the contractor to begin fumigation within the 24-hour period, or other reason deemed valid by the inspector. Further extension shall be given only under authority of the Deputy Administrator. Pending compliance with the requirement of fumigation, or the departure from the territorial limits of the United States directly for a port in another country, no stores, laundry, furnishings or equipment, or other articles or products whether in cargo or stores, shall be unloaded from the means of conveyance except as authorized by the inspector and under conditions prescribed by him. The owner of an infested means of conveyance under notice for fumigation which leaves the territorial limits of the United States without fumigation should arrange for the eradication of the infestation before returning to the same or another port in the United States. Upon return to a port in the United States and unless the infestation has been eliminated to the satisfaction of the inspector, the means of conveyance shall be subject to fumigation immediately upon arrival in the United States. Unloading or landing of any product or article shall not be permitted pending compliance with the fumigation requirement, except as authorized by the inspector and under conditions prescribed by him. (iii) If the means of conveyance is to remain at the port where the infestation was found or is to be moved to another port in the United States, the inspector shall prescribe and supervise the application of the remedial measures at the port where the infestation is found, as provided in this paragraph, or he may authorize the means of conveyance to be moved to another port for fumigation or the application of other remedial measures under safeguards prescribed by him. (iv) In all instances where the inspector prescribed procedures concerned with the application of remedial measures which involve ( a b c d (2) Infestation in cargo compartments of means of conveyance except aircraft (3) Infestation in an aircraft. (4) Precautions. [24 FR 10825, Dec. 29, 1959, as amended at 25 FR 8989, Sept. 20, 1960; 32 FR 6339, Apr. 21, 1967; 36 FR 24917, Dec. 24, 1971; 66 FR 21058, Apr. 27, 2001; 69 FR 12265, Mar. 16, 2004; 75 FR 4253, Jan. 26, 2010] § 330.107 Costs. All costs (including those incurred under § 330.106 of this part by the government or the owner) incident to the inspection, handling, cleaning, safeguarding, treating, or other disposal of means of conveyance or products, articles, or plant pests under this part shall be borne by the owner. Services of the inspector during regularly assigned hours of duty at the usual places of duty shall be furnished without cost to the person requesting the services, unless a user fee is payable under § 354.3 of this chapter. Cross Reference: See note following § 330.105. [56 FR 14844, Apr. 12, 1991] § 330.108 Authority to issue administrative instructions. The Deputy Administrator is authorized to issue the administrative instructions for which provision is made in the regulations in this part, for the purpose of preventing dissemination of plant pests into the United States or interstate. In addition, whenever the Deputy Administrator shall find that existing conditions as to pest risk involved in the movement of plant pests, means of conveyance, or other products or articles to which the regulations in this part apply, make it safe to modify by making less stringent the restrictions contained in any of such regulations, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent whereupon such modification shall become effective. § 330.109 Caution. In applying treatments or taking other measures prescribed in administrative instructions or by the inspector, it should be understood that inexactness or carelessness may result in injury or damage. § 330.110 Seals. (a) Use authorized; form. (b) Breaking of seals. (c) Notice of sealing. [25 FR 8990, Sept. 20, 1960, as amended at 36 FR 24917, Dec. 24, 1971] § 330.111 Advance notification of arrival of aircraft and watercraft. The owner, operator, or other representative of any aircraft or watercraft entering the United States from a foreign country, or arriving in the continental United States from Hawaii or any territory or possession of the United States, shall provide every Plant Protection and Quarantine office (PPQ office) serving a port of arrival on the itinerary of the craft while in the United States with advance notification of intent to arrive at that port. This advance notification of arrival shall: (a) Reach the appropriate PPQ office not less than 12 hours before the craft's estimated time of arrival at the port; (b) Be communicated by radio, wire, telephone, or any other means; and (c) Include the following information: (1) The name or other identifying feature of the individual craft; (2) The date and estimated time of arrival at the port; (3) The location of arrival, providing the most site-specific data available, such as the dock, pier, wharf, berth, mole, anchorage, gate, or facility, and; (4) The names of all foreign and non-Continental U.S. ports where any cargo, crew, or passenger destined for the continental United States has boarded the craft since its most recent arrival at a port in the United States. (d) If the craft's estimated time of arrival changes by more than one hour, the PPQ office that serves the port of arrival must be notified and provided with updated information immediately. (e) If the craft's site of arrival changes after a PPQ office has received advance notification of arrival, both that PPQ office and the newly affected PPQ office shall be notified of this change immediately. This applies, too, to site-specific changes involving watercraft. (f) If the craft's point of arrival is an anchorage, the PPQ office shall be notified, as soon as possible after the craft's arrival at the anchorage, of the specific site, such as berth, mole, pier, to which the craft will be moving, as well as of its estimated time of arrival at that site. (g) Aircraft and watercraft meeting any of the following conditions are exempt from the provisions in this section, and need not provide advance notification of arrival: (1) The craft is not regularly used to carry passengers or cargo for a fee; (2) The aircraft is making a flight scheduled in the Official Airline Guide, North American Edition, or the Official Airline Guide, Worldwide Edition, unless the scheduled time of arrival changes by more than one hour or the plane is diverted to another landing port; (3) An inspector has precleared the aircraft in Hawaii, a territory or possession of the United States, or a foreign port, having determined that the aircraft contained only articles that are not prohibited or restricted importation into the United States under the provisions of 7 CFR chapter III and 9 CFR chapter I; or (4) Personnel of the United States armed forces, including the U.S. Coast Guard, in Hawaii, a territory or possession of the United States, or a foreign port, have precleared an aircraft, having determined that the aircraft contained only articles that are not prohibited or restricted importation into the United States under the provisions of 7 CFR chapter III and 9 CFR chapter I. (5) The owner, operator, or other representative of the aircraft or watercraft not leaving the United States has been informed in writing by a PPQ inspector that notification of intended arrival is not required at subsequent ports in the United States. (Approved by the Office of Management and Budget under control number 0579-0054) [52 FR 49344, Dec. 31, 1987] Subpart B—Movement of Plant Pests, Biological Control Organisms, and Associated Articles Source: 84 FR 29960, June 25, 2019, unless otherwise noted. § 330.200 Scope and general restrictions. (a) Restrictions. (1) Authorized under an import, interstate movement, or continued curation permit issued in accordance with § 330.201; or (2) Authorized in accordance with other APHIS regulations in this chapter; or (3) Explicitly granted an exception from permitting requirements in this subpart; or (4) Authorized under a general permit issued by the Administrator. (b) Plant pests regulated by this subpart. (c) Biological control organisms regulated by this subpart. (1) Invertebrate predators and parasites (parasitoids) used to control invertebrate plant pests; (2) Invertebrate competitors used to control invertebrate plant pests; (3) Invertebrate herbivores used to control noxious weeds; (4) Microbial pathogens used to control invertebrate plant pests; (5) Microbial pathogens used to control noxious weeds; (6) Microbial parasites used to control plant pathogens; and (7) Any other types of biological control organisms, as determined by APHIS. (d) Biological control organisms not regulated by this subpart. [84 FR 29960, June 25, 2019, as amended at 85 FR 29832, May 18, 2020; 90 FR 25124, June 16, 2025] § 330.201 Permit requirements. (a) Types of permits. 1 1 (1) Import permit. (2) Interstate movement permit. (3) Continued curation permits. (4) Transit permits. (b) Applying for a permit. http://www.aphis.usda.gov/plant_health/permits/index.shtml (c) Completing a permit application. http://www.aphis.usda.gov/plant_health/permits/index.shtml. (d) APHIS action on permit applications. (1) State or Tribal consultation and comment; consultation with other individuals. (2) Initial assessment of sites and facilities. 2 2 (3) Issuance of a permit. (i) Prior to issuing the permit, APHIS will notify the applicant in writing or electronically of all proposed permit conditions. The applicant must agree in writing or electronically that he or she, and all his or her employees, agents, and/or officers, will comply with all permit conditions and all provisions of this subpart. If the organism or associated article will be contained in a private residence, the applicant must state in this agreement that he or she authorizes APHIS to conduct unscheduled assessments of the residence during normal business hours if a permit is issued. (ii) APHIS will issue the permit after it receives and reviews the applicant's agreement. The permit will be valid for no more than 3 years. During that period, the permittee must abide by all permitting conditions, and the use of the organism or associated article must conform to the intended use on the permit. Moreover, the use of organisms derived from a regulated parent organism during that period must conform to the intended use specified on the permit for the parent organism. (iii) All activities carried out under the permit must cease on or before the expiration date for the permit, unless, prior to that expiration date, the permittee has submitted a new permit application and a new permit has been issued to authorize continuation of those actions. (iv) At any point following issuance of a permit but prior to its expiration date, an inspector may conduct unscheduled assessments of the site or facility in which the organisms or associated articles are held, to determine whether they are constructed and are being maintained in a manner that prevents the dissemination of organisms or associated articles from the site or facility. The permittee must allow all such assessments requested by APHIS during normal business hours. Failure to allow such assessments constitutes grounds for revocation of the permit. (4) Denial of a permit application. (i) APHIS concludes that the actions proposed in the permit application would present an unacceptable risk to plants and plant products because of the introduction or dissemination of a plant pest, biological control organism, or noxious weed within the United States; or (ii) The actions proposed in the permit application would be adverse to the conduct of an APHIS eradication, suppression, control, or regulatory program; or (iii) A State or Tribal executive official, or a State or Tribal plant protection official authorized to do so, objects to the movement in writing and provides specific, detailed information that there is a risk the movement will result in the dissemination of a plant pest or noxious weed into the State, APHIS evaluates the information and agrees, and APHIS determines that such plant pest or noxious weed risk cannot be adequately addressed or mitigated; or (iv) The applicant does not agree to observe all of the proposed permit conditions that APHIS has determined are necessary to mitigate identified risks; or (v) The applicant does not provide information requested by APHIS as part of an assessment of sites or facilities, or does not allow APHIS to inspect sites or facilities associated with the actions listed on the permit application; or (vi) APHIS determines that the applicant has not followed prior permit conditions, or has not adequately demonstrated that they can meet the requirements for the current application. Factors that may contribute to such a determination include, but are not limited to: (A) The applicant, or a partnership, firm, corporation, or other legal entity in which the applicant has a substantial interest, financial or otherwise, has not complied with any permit that was previously issued by APHIS. (B) Issuing the permit would circumvent any order denying or revoking a previous permit issued by APHIS. (C) The applicant has previously failed to comply with any APHIS regulation. (D) The applicant has previously failed to comply with any other Federal, State, or local laws, regulations, or instructions pertaining to plant health. (E) The applicant has previously failed to comply with the laws or regulations of a national plant protection organization or equivalent body, as these pertain to plant health. (F) APHIS has determined that the applicant has made false or fraudulent statements or provided false or fraudulent records to APHIS. (G) The applicant has been convicted or has pled nolo contendere (5) Withdrawal of a permit application. (6) Cancellation of a permit. (7) Revocation of a permit. (i) After issuing the permit, APHIS obtains information that would have otherwise provided grounds for it to deny the permit application; or (ii) APHIS determines that the actions undertaken under the permit have resulted in or are likely to result in the introduction into or dissemination within the United States of a plant pest or noxious weed in a manner that presents an unacceptable risk to plants or plant products; or (iii) APHIS determines that the permittee, or any employee, agent, or officer of the permittee, has failed to comply with a provision of the permit or the regulations under which the permit was issued. (8) Amendment of permits Amendment at permittee's request. (ii) Amendment initiated by APHIS. (9) Suspension of permitted actions. (10) Appeals. (Approved by the Office of Management and Budget Under Control Number 0579-0054) § 330.202 Biological control organisms. (a) General conditions for importation, interstate movement, and release of biological control organisms. http://www.aphis.usda.gov/plant_health/permits/index.shtml. (b) Exceptions from permitting requirements for certain biological control organisms. https://www.aphis.usda.gov/aphis/resources/permits. (1) Importation and interstate movement of listed organisms. (2) Release of listed organisms. (c) Additions to the list of organisms granted exceptions from permitting requirements for their importation, interstate movement, or release. [email protected] http://www.aphis.usda.gov/plant_health/permits/index.shtml. (1) Evidence indicating that the organism is indigenous to the continental United States throughout its geographical or ecological range, or evidence indicating that the organism has produced self-replicating populations within the continental United States for an amount of time sufficient, based on the organism's taxon, to consider that taxon established throughout its geographical or ecological range in the continental United States; or (2) Evidence that the organism's geographical or ecological range includes an extremely limited area of or none of the continental United States based on its inability to maintain year to year self-replicating populations despite repeated introductions over a sufficient range of time; or (3) The petition would include evidence that the organism cannot establish anywhere in the continental United States; or (4) Results from a field study where data were collected from representative habitats occupied by the biological control organism. Studies must include sampling for any direct or indirect impacts on target and non-target hosts of the biological control organism in these habitats. Supporting scientific literature must be cited; or (5) Any other data, including published scientific reports, that suggest that subsequent releases of the organism into the environment of the continental United States will present no additional plant pest risk (direct or indirect) to plants or plant products. (d) APHIS review of petitions Evaluation. (2) Notice of availability of the petition. Federal Register (3) Notice of determination. Federal Register (ii) If the comments received lead APHIS to reconsider its determination, APHIS will publish in the Federal Register (e) Removal of organisms from the list of exempt organisms. Federal Register (Approved by the Office of Management and Budget under control number 0579-0187) § 330.203 Soil. (a) Requirements. (1) Is regulated pursuant to other APHIS regulations in this chapter; or (2) Does not require such a permit under the provisions of paragraph (b)(1) or (c)(1) of this section. (b) Conditions governing the importation of soil Permit. (2) Additional conditions for the importation of soil via hand-carry. (3) Additional conditions for the importation of soil intended for the extraction of plant pests. (4) Additional conditions for the importation of soil contaminated with plant pests and intended for disposal. (5) Exemptions. (i) Consolidated material derived from any strata or substrata of the earth. Examples include clay (laterites, bentonite, china clay, attapulgite, tierrafino), talc, chalk, slate, iron ore, and gravel. (ii) Sediment, mud, or rock from saltwater bodies of water. (iii) Cosmetic mud and other commercial mud products. (iv) Stones, rocks, and quarry products. (c) Conditions governing the interstate movement of soil General conditions. (2) Conditions for the interstate movement within the continental United States of soil intended for the extraction of plant pests. (3) Conditions for the interstate movement within the continental United States of soil infested with plant pests and intended for disposal. (4) Conditions for the interstate movement of soil samples from an area quarantined in accordance with part 301 of this chapter for chemical or compositional testing or analysis. (5) Additional conditions for interstate movement of soil to, from, or between Hawaii, the territories, and the continental United States. (d) Conditions governing the transit of soil through the United States. (Approved by the Office of Management and Budget Under Control Number 0579-0054) § 330.204 Exceptions to permitting requirements for the importation or interstate movement of certain plant pests. Pursuant to section 7711 of the Plant Protection Act (7 U.S.C. 7701 et seq. https://www.aphis.usda.gov/aphis/resources/permits. (a) Categories. (1) Be from field populations or lab cultures derived from field populations of a taxon that is established throughout its entire geographical or ecological range within the continental United States; or (2) Be commercially available and raised under the regulatory purview of other Federal agencies. (b) Petition process to add plant pests to the list Petition. (i) Information that the plant pest belongs to a taxon that is established throughout its entire geographical or ecological range within the United States must include scientific literature, unpublished studies, or data regarding: (A) The biology of the plant pest, including characteristics that allow it to be identified, known hosts, and virulence; (B) The geographical or ecological range of the plant pest within the continental United States; and (C) The areas of the continental United States within which the plant pest is established. (ii) Information that the plant pest is commercially available and raised under the regulatory purview of another Federal agency must include a citation to the relevant law, regulation, or order under which the agency exercises such oversight. (2) APHIS review. (3) Action on petitions to add pests. (ii) If, after review of the petition, APHIS determines that the plant pest belongs to one of the categories in paragraph (a) of this section, APHIS will publish a notice in the Federal Register Federal Register (c) Petition process to have plant pests removed from the list Petition. (2) APHIS review. (3) APHIS action on petitions to remove pests. (ii) If, after review of the petition, APHIS determines that there is a sufficient basis to suggest that its initial determination should be changed, APHIS will publish a notice in the Federal Register Federal Register (d) APHIS-initiated changes to the list. Federal Register (2) If no comments are received on the notice or if the comments received do not affect the conclusions of the notice, APHIS will publish a subsequent notice in the Federal Register (Approved by the Office of Management and Budget Under Control Number 0579-0187) § 330.205 Hand-carry of plant pests, biological control organisms, and soil. Plant pests, biological control organisms, and soil may be hand-carried into the United States only in accordance with the provisions of this section. (a) Authorization to hand-carry Application for a permit; specification of “hand-carry” as proposed method of movement. (2) Specification of individual who will hand-carry. (b) Notification of intent to hand-carry. 3 3 https://www.aphis.usda.gov/plant_health/permits/organism/downloads/HandCarryPolicy.pdf. (c) Denial, amendment, or cancellation of authorization to hand-carry. (d) Appeal of denial, amendment, or cancellation. § 330.206 Packaging requirements. Shipments in which plant pests, biological control organisms, and associated articles are imported into, moved in interstate commerce, or transited through the United States must meet the general packaging requirements of this section, as well as all specific packaging requirements on the permit itself. (a) Packaging requiremspents. (1) Outer shipping container. (2) Inner packages. (b) Packing material. (c) Requirements following receipt of the shipment at the point of destination. (2) Shipping containers may be reused, provided that the container has not been contaminated with plant pests, noxious weeds, biological control organisms, or associated articles. Shipping containers that have been in contact with or otherwise contaminated with any of these items must be sufficiently sterilized or disinfected prior to reuse, or otherwise disposed of. (d) Costs. § 330.207 Cost and charges. The inspection services of APHIS inspectors during regularly assigned hours of duty and at the usual places of duty will be furnished without cost. APHIS will not be responsible for any costs or charges incidental to inspections or compliance with the provisions of this subpart, other than for the inspection services of the inspector. Subpart C—Movement of Soil, Stone, and Quarry Products [Reserved] Subpart D—Garbage Source: 71 FR 49314, Aug. 23, 2006, unless otherwise noted. Redesignated at 84 FR 2429, Feb. 7, 2019. § 330.400 Regulation of certain garbage. (a) Certain interstate movements and imports Interstate movements of garbage from Hawaii and U.S. territories and possessions to other States. (2) Imports of garbage. (b) Definitions Agricultural waste. e.g. Approved facility. Approved sewage system. Carrier. Garbage. Incineration. Interstate. Sterilization. Stores. Yard waste. § 330.401 Garbage generated onboard a conveyance. (a) Applicability. (1) Not all garbage generated onboard a means of conveyance is regulated for the purposes of this section. Garbage regulated for the purposes of this section is defined as “regulated garbage” in paragraphs (b) and (c) of this section. (2) Garbage that is commingled with regulated garbage is also regulated garbage. (b) Garbage regulated because of movements outside the United States or Canada. (1) Exception 1: Aircraft. (i) The aircraft had previously been cleared of all garbage and of all meats and meat products, whatever the country of origin, except meats that are shelf-stable; all fresh and condensed milk and cream from countries designated in 9 CFR 94.1 as those in which foot-and-mouth disease exists; all fresh fruits and vegetables; and all eggs; and the items previously cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (d)(2) and (d)(3) of this section. (ii) After the garbage and stores referred to in paragraph (b)(1)(i) of this section were removed, the aircraft has not been in a non-Canadian foreign port. (2) Exception 2: Other conveyances. (i) The means of conveyance is accompanied by a certificate from an inspector stating the following: (A) That the means of conveyance had previously been cleared of all garbage and of all meats and meat products, whatever the country of origin, except meats that are shelf-stable; all fresh and condensed milk and cream from countries designated in 9 CFR 94.1 as those in which foot-and-mouth disease exists; all fresh fruits and vegetables; and all eggs; and the items previously cleared from the means of conveyance as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (d)(2) and (d)(3) of this section. (B) That the means of conveyance had then been cleaned and disinfected in the presence of the inspector; and (ii) Since being cleaned and disinfected, the means of conveyance has not been in a non-Canadian foreign port. (c) Garbage regulated because of certain movements to or from Hawaii, territories, or possessions. (1) Exception 1: Aircraft. (i) The aircraft had been previously cleared of all garbage and all fresh fruits and vegetables, and the items previously cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (d)(2) and (d)(3) of this section. (ii) After the garbage and stores referred to in paragraph (c)(1)(i) of this section were removed, the aircraft has not moved to the continental United States from any territory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii; or to Hawaii from any territory or possession. (2) Exception 2: Other conveyances. (i) The means of conveyance is accompanied by a certificate from an inspector stating that the means of conveyance had been cleared of all garbage and all fresh fruits and vegetables; and the items previously cleared from the means of conveyance as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (d)(2) and (d)(3) of this section. (ii) After being cleared of the garbage and stores referred to in paragraph (c)(2)(i) of this section, the means of conveyance has not moved to the continental United States from any territory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii; or to Hawaii from any territory or possession. (d) Restrictions on regulated garbage. (2) Regulated garbage is subject to general surveillance for compliance with this section by inspectors and to disposal measures authorized by the Plant Protection Act and the Animal Health Protection Act to prevent the introduction and dissemination of pests and diseases of plants and livestock. (3) All regulated garbage must be contained in tight, covered, leak-proof receptacles during storage on board a means of conveyance while in the territorial waters, or while otherwise within the territory of the United States. All such receptacles shall be contained inside the guard rail if on a watercraft. Such regulated garbage shall not be unloaded from such means of conveyance in the United States unless such regulated garbage is removed in tight, covered, leak-proof receptacles under the direction of an inspector to an approved facility for incineration, sterilization, or grinding into an approved sewage system, under direct supervision by such an inspector, or such regulated garbage is removed for other handling in such manner and under such supervision as may, upon request in specific cases, be approved by the Administrator as adequate to prevent the introduction and dissemination of plant pests and animal diseases and sufficient to ensure compliance with applicable laws for environmental protection. Provided that (i) Application for approval of a facility or sewage system may be made in writing by the authorized representative of any carrier or by the official having jurisdiction over the port or place of arrival of the means of conveyance to the Administrator, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. The application must be endorsed by the operator of the facility or sewage system. (ii) Approval will be granted if the Administrator determines that the requirements set forth in this section are met. Approval may be denied or withdrawn at any time, if the Administrator determines that such requirements are not met, after notice of the proposed denial or withdrawal of the approval and the reasons therefor, and an opportunity to demonstrate or achieve compliance with such requirements, has been afforded to the operator of the facility or sewage system and to the applicant for approval. However, approval may also be withdrawn without such prior procedure in any case in which the public health, interest, or safety requires immediate action, and in such case, the operator of the facility or sewage system and the applicant for approval shall promptly thereafter be given notice of the withdrawal and the reasons therefor and an opportunity to show cause why the approval should be reinstated. (e) The Plant Protection and Quarantine Programs and Veterinary Services, Animal, and Plant Health Inspection Service, will cooperate with other Federal, State, and local agencies responsible for enforcing other statutes and regulations governing disposal of the regulated garbage to the end that such disposal shall be adequate to prevent the dissemination of plant pests and livestock or poultry diseases and comply with applicable laws for environmental protection. The inspectors, in maintaining surveillance over regulated garbage movements and disposal, shall coordinate their activities with the activities of representatives of the Environmental Protection Agency and other Federal, State, and local agencies also having jurisdiction over such regulated garbage § 330.402 Garbage generated in Hawaii. (a) Applicability. (1) Industrial process wastes, mining wastes, sewage sludge, incinerator ash, or other wastes from Hawaii that the Administrator determines do not pose risks of introducing animal or plant pests or diseases into the continental United States are not regulated under this section. (2) The interstate movement from Hawaii to the continental United States of agricultural wastes and yard waste (other than incidental amounts (less than 3 percent) that may be present in municipal solid waste despite reasonable efforts to maintain source separation) is prohibited. (3) Garbage generated onboard any means of conveyance during interstate movement from Hawaii is regulated under § 330.401. (b) Restrictions on interstate movement of garbage. (1) The garbage must be processed, packaged, safeguarded, and disposed of using a methodology that the Administrator has determined is adequate to prevent the introduction or dissemination of plant pests into noninfested areas of the United States. (2) The garbage must be moved under a compliance agreement in accordance with § 330.403. APHIS will only enter into a compliance agreement when the Administrator is satisfied that the Agency has first satisfied all its obligations under the National Environmental Policy Act and all applicable Federal and State statutes to fully assess the impacts associated with the movement of garbage under the compliance agreement. (3) All such garbage moved interstate from Hawaii to any of the continental United States must be moved in compliance with all applicable laws for environmental protection. § 330.403 Compliance agreement and cancellation. (a) Any person engaged in the business of handling or disposing of garbage in accordance with this subpart must first enter into a compliance agreement with the Animal and Plant Health Inspection Service (APHIS). Compliance agreement forms (PPQ Form 519) are available without charge from local USDA/APHIS/Plant Protection and Quarantine offices, which are listed in telephone directories. (b) A person who enters into a compliance agreement, and employees or agents of that person, must comply with the following conditions and any supplemental conditions which are listed in the compliance agreement, as deemed by the Administrator to be necessary to prevent the dissemination into or within the United States of plant pests and livestock or poultry diseases: (1) Comply with all applicable provisions of this subpart; (2) Allow inspectors access to all records maintained by the person regarding handling or disposal of garbage, and to all areas where handling or disposal of garbage occurs; (3)(i) If the garbage is regulated under § 330.401, remove garbage from a means of conveyance only in tight, covered, leak-proof receptacles; (ii) If the garbage is regulated under § 330.402, transport garbage interstate in packaging approved by the Administrator; (4) Move the garbage only to a facility approved by the Administrator; and (5) At the approved facility, dispose of the garbage in a manner approved by the Administrator and described in the compliance agreement. (c) Approval for a compliance agreement may be denied at any time if the Administrator determines that the applicant has not met or is unable to meet the requirements set forth in this subpart. Prior to denying any application for a compliance agreement, APHIS will provide notice to the applicant thereof, and will provide the applicant with an opportunity to demonstrate or achieve compliance with requirements. (d) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. This administrative remedy must be exhausted before a person can file suit in court challenging the cancellation of a compliance agreement. (e) Where a compliance agreement is denied or canceled, the person who entered into or applied for the compliance agreement may be prohibited, at the discretion of the Administrator, from handling or disposing of regulated garbage. (Approved by the Office of Management and Budget under control numbers 0579-0015, 0579-0054, and 0579-0292)