WAIS Document Retrieval[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301]
[Page 12-19]
TITLE 7--AGRICULTURE
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
Subpart_Black Stem Rust
Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.
[[Page 13]]
Sec. 301.38 Notice of quarantine; restrictions on interstate movement of regulated articles.
The conterminous 48 States and the District of Columbia are
quarantined in order to prevent the spread of black stem rust. No person
shall move interstate any regulated article except in accordance with
this subpart.\1\
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\1\ Any properly identified employee of the Animal and Plant Health
Inspection Service is authorized to stop and inspect persons and means
of conveyance, and to seize, quarantine, treat, apply other remedial
measures to destroy, or otherwise dispose of regulated articles as
provided in sections 414 and 421 of the Plant Protection Act (7 U.S.C.
7714 and 7731).
[54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001]
Sec. 301.38-1 Definitions.
In this subpart the following definitions apply:
Administrator. The Administrator, Animal and Plant Health Inspection
Service (APHIS), or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculure.
Black stem rust. The disease commonly known as the black stem rust
of grains (Puccinia graminis).
Certificate. A document in which an inspector, or a person operating
under a compliance agreement, affirms that a specified regulated article
has met the criteria in Sec. 301.38-5(b) of this subpart and may be
moved interstate to any destination.
Clonally propagated. Reproduced asexually through cuttings, tissue
culture, suckers, or crown division. For the purposes of this subpart, a
Berberis plant will be considered clonally propagated only if its parent
stock is, or was derived from, a seed-propagated black stem rust-
resistant plant of more than 2 years' growth.
Compliance agreement. A written agreement between a State that is a
protected area or that encompasses a protected area and a person who
moves regulated articles interstate, or in a non-protected area between
APHIS and such person, in which that person agrees to comply with this
subpart.
Departmental permit. A document issued by the Administrator in which
he or she affirms that interstate movement of the regulated article
identified on the document is for scientific or experimental purposes,
and that the regulated article is eligible for interstate movement under
the conditions specified on the Departmental permit and found by the
Administrator to be adequate to prevent the introduction of rust-
susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia
into protected areas.
Inspector. Any APHIS employee or other person authorized by the
Administrator in accordance with law to enforce this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector to allow the
interstate movement into or through a protected area of regulated
articles not eligible for certification under this subpart to a
specified destination outside the protected area.
Moved (movement, move). Shipped, offered to a common carrier for
shipment, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved.
``Movement'' and ``move'' shall be construed in accordance with this
definition.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Protected area. Those States or counties designated in Sec. 301.38-
3(d) of this subpart.
Rust-resistant plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia, and their progeny, that have proven resistant
to black stem rust during testing by the United States Department of
Agriculture,\2\ and that are
[[Page 14]]
listed as rust-resistant under Sec. 301.38-2 (a)(1) and (a)(2).
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\2\ Testing is performed by the Agricultural Research Service of
USDA as follows: In a greenhouse, the suspect plant, or test subject, is
placed under a screen with a control plant, i.e., a known rust-
susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected
wheat stems, a primary host of black stem rust, are placed on top of the
screen. The plants are moistened and maintained in 100% humidity,
causing the spores to swell and fall on the plants lying under the
screen. The plants are then observed for 7 days at 20-80% relative
humidity. This test procedure is repeated 12 times. If in all 12 tests,
the rust-susceptible plant shows signs of infection after 7 days and the
test plants do not, USDA will declare the test plant variety rust-
resistant. The tests must be performed on new growth, just as the leaves
are unfolding.
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Rust-susceptible plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia not listed as rust-resistant under Sec.
301.38-2 (a)(1) and (a)(2).
Regulated article. Any article listed in Sec. 301.38-2 (a)(1)
through (a)(3) of this subpart or otherwise designated as a regulated
article in accordance with Sec. 301.38-2(a)(4) of this subpart.
Seedling. Any plant of the genera Berberis, Mahoberberis, and
Mahonia grown from seed and having less than 2 years' growth.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory or possession of the United States.
Two years' growth. The growth of a plant during all growing seasons
of 2 successive calendar years.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 67 FR 8178,
Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006]
Sec. 301.38-2 Regulated articles.
(a) The following are regulated articles: \3\
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\3\ Permit and other requirements for the insterstate movement of
black stem rust organisms are contained in part 330 of this chapter.
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(1) All plants, seeds, fruits, and other plant parts capable of
propagation from the following rust-resistant Berberis species and
varieties.
B. aggregataxB. wilsoniae 'Pirate King'
B. 'Amstelveen'
B. aridocalida
B. beaniana
B. buxifolia
B. buxifolia nana
B. calliantha
B. candidula
B. candidula 'Amstelveen'
B. candidulaxB. verruculosa 'Amstelveen'
B. cavallieri
B. chenaulti
B. chanaulti 'Apricot Queen'
B. circumserrata
B. concinna
B. coxii
B. darwini
B. dasystachya
B. dubia
B. feddeana
B. formosana
B. franchetiana
B. gagnepainii
B. gagnepaini 'Chenault'
B. gilgiana
B. gladwynensis
B. gladwynensis 'William Penn'
B. gyalaica
B. heterophylla
B. horvathi
B. hybrido-gagnepaini
B. insignis
B. integerrima 'Wallichs Purple'
B. julianae
B. julianae 'Nana'
B. julianae 'Spring Glory'
B. koreana
B. koreanaxB. thunbergii hybrid Bailsel
B. koreanaxB. thunbergii hybrid Tara
B. lempergiana
B. lepidifolia
B. linearifolia
B. linearifolia var. 'Orange King'
B. lologensis
B. lologensis 'Mystery Fire'
B. manipurana
B. media 'Park Jewel'
B. media 'Red Jewel'
B. mentorensis
B. pallens
B. poirettii 'BJG 073', 'MTA'
B. potanini
B. Renton
B. replicata
B. sanguinea
B. sargentiana
B. sikkimensis
B. soulieana 'Claret Cascade'
B. stenophylla
B. stenophylla diversifolia
B. stenophylla gracilis
B. stenophylla irwini
B. stenophylla nana compacta
B. taliensis
B. telomaica artisepala
B. thunbergii
B. thunbergii 'Admiration'
B. thunbergii 'Antares'
[[Page 15]]
B. thunbergii argenteo marginata
B. thunbergii atropurpurea
B. thunbergii atropurpurea erecta
B. thunbergii atropurpurea erecta Marshalli
B. thunbergii atropurpurea 'Golden Ring'
B. thunbergii atropurpurea 'Intermedia'
B. thunbergii atropurpurea 'Knight Burgundy'
B. thunbergii atropurpurea `Moretti Select'
B. thunbergii atropurpurea nana
B. thunbergii atropurpurea 'Redbird'
B. thunbergii atropurpurea 'Rose Glow'
B. thunbergii aurea
B. thunbergii 'Aurea Nana'
B. thunbergii 'Bagatelle'
B. thunbergii 'Bailgreen' (Jade CarouselTM)
B. thunbergii 'Bailone'
B. thunbergii 'Bailone' (Ruby Carousel [reg])
B. thunbergii 'Bailtwo'
B. thunbergii 'Bailtwo' (Burgundy Carousel [reg])
B. thunbergii 'Bonanza Gold'
B. thunbergii 'Concorde'
B. thunbergii 'Crimson Ruby'
B. thunbergii 'Crimson Pygmy'
B. thunbergii 'Criruzam' Crimson RubyTM
B. thunbergii 'Dwarf Jewell'
B. thunbergii erecta
B. thunbergii `Fireball'
B. thunbergii 'globe'
B. thunbergii 'golden'
B. thunbergii 'Golden Carpet'
B. thunbergii 'Golden Devine'
B. thunbergii 'Golden Pygmy'
B. thunbergii 'Golden Rocket'
B. thunbergii 'Golden Ruby'
B. thunbergii 'Green Carpet'
B. thunbergii 'Harlequin'
B. thunbergii 'Helmond Pillar'
B. thunbergii 'Kobold'
B. thunbergii 'Lime Glow'
B. thunbergii 'Lustre Green'
B. thunbergii 'Maria'
B. thunbergii maximowiczi
B. thunbergii 'Midruzam' Midnight RubyTM
B. thunbergii minor
B. thunbergii 'Monlers'
B. thunbergii 'Monomb'
B. thunbergii 'Monry'
B. thunbergii 'Orange Rocket'
B. thunbergii 'Painter's Palette'
B. thunbergii 'Pink Queen'
B. thunbergii pluriflora
B. thunbergii 'Pow Wow'
B. thunbergii 'Red Carpet'
B. thunbergii 'Red Rocket'
B. thunbergii 'Rosy Rocket'
B. thunbergii 'Royal Burgundy'
B. thunbergii 'Royal Cloak'
B. thunbergii 'Sparkle'
B. thunbergii `Sparkler'
B. thunbergii 'Talago'
B. thunbergii 'Thornless'
B. thunbergii 'Tiny Gold'
B. thunbergii 'Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. thunbergiix'Bailsel' (Golden Carousel [reg])
B. thunbergiix'Tara' (Emerald Carousel [reg])
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
B.xcarminea 'Pirate King'
B.xfrikartii 'Amstelveen'
(2) All plants, seedlings, seeds, fruits, and other plant parts
capable of propagation from the following rust-resistant Mahoberberis
and Mahonia species and varieties, except Mahonia cuttings for
decorative purposes:
(i) Genus Mahoberberis:
M. aqui-candidula
M. aquifolium 'Smaragd'
M. aqui-sargentiae
M. miethkeana
M.x'Magic'
(ii) Genus Mahonia:
M. amplectens
M. aquifolium
M. aquifolium atropurpurea
M. aquifolium compacta
M. aquifolium compacta 'John Muir'
M. aquifolium 'Donewell'
M. aquifolium 'Kings Ransom'
M. aquifolium 'Orangee Flame'
M. aquifolium 'Undulata'
M. aquifolium 'Winter Sun'
M. 'Arthur Menzies'
M. bealei
M. dictyota
M. fortunei
M. 'Golden Abundance'
M. japonica
M. japonicaxM. lomariifolia 'Charity'
[[Page 16]]
M. lomarifolia
M. nervosa
M. pinnata
M. pinnata 'Ken Hartman'
M. piperiana
M. pumila
M. repens
M.xmedia 'Charity'
M.xmedia 'Winter Sun'
(3) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the genera
Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for
decorative purposes.
(4) Any other product or article not listed in paragraphs (a)(1)
through (a)(3) of this section that an inspector determines presents a
risk of spread of black stem rust. The inspector must notify the person
in possession of the product or article that it is subject to the
provisions of this subpart.
(b) A person may request that an additional rust-resistant variety
be added to paragraph (a)(1) or (a)(2) of this section. The person
requesting that a rust-resistant variety be added to paragraph (a)(1) or
(a)(2) of this section must provide APHIS with a description of the
variety, including a written description and color pictures that can be
used by an inspector to clearly identify the variety and distinguish it
from other varities.
(Approved by the Office of Management and Budget under control number
0579-0186)
[67 FR 8179, Feb. 22, 2002, as amended at 71 FR 5778, Feb. 3, 2006; 72
FR 32167, June 12, 2007; 72 FR 72233, Dec. 20, 2007]
Sec. 301.38-3 Protected areas.
(a) The Administrator may designate as a protected area in paragraph
(d) of this section any State that has eradicated rust-susceptible
plants of the genera Berberis, Mahoberberis, and Mahonia under the
cooperative Federal-State eradication program. In addition, the State
must employ personnel with responsibility for the issuance and
withdrawal of certificates in accordance with Sec. 301.38-5, and
maintain and enforce an inspection program under which every plant
nursery within the State is inspected at least once each year to ensure
that they are free of rust-susceptible plants. During the requisite
nursery inspections, all nursery stock shall be examined to determine
that it consists only of rust-resistant varieties of the genera
Berberis, Mahoberberis, and Mahonia, and that the plants are true to
type. Plants that do not meet this criteria must be destroyed.
(b) The Administrator may designate as a protected area any county
within a State, rather than the entire State, if areas within the State
have eradicated rust-susceptible plants of the genera Berberis,
Mahoberberis, and Mahonia under the cooperative Federal-State program,
and;
(1) The State employs personnel with responsibility for the issuance
and withdrawal of certificates in accordance with Sec. 301.38-5;
(2) The State is enforcing restrictions on the intrastate movement
of the regulated articles that are equivalent to those imposed by this
subpart on the interstate movement of regulated articles, as determined
by the Administrator; and
(3) The State maintains and enforces an inspection program under
which every plant nursery within the county is inspected at least once
each year to ensure that plant nurseries within that area are free of
rust-susceptible plants of the genera Berberis, Mahoberberis, and
Mahonia. During the requisite nursery inspections, all nursery stock
shall be examined to determine that it consists only of rust-resistant
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that
the plants are true to type. Plants that do not meet this criteria must
be destroyed.
(c) All seed used to propagate plants of the genera Berberis,
Mahoberberis, and Mahonia in protected areas, and all seed used to
propagate plants of the genera Berberis, Mahoberberis, and Mahonia that
are certified as rust-resistant for interstate movement into protected
areas, must be produced at properties where a State inspector has
verified that no wild or domesticated rust-susceptible plants are
growing at or within one-half mile of the property.\4\
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\4\ Persons performing the inspections must be able to recognize
rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia.
Inspectors must work side by side, 10 to 20 feet apart, and walk outward
away from the property a distance of one-half mile measured from the
edge of the property, and observe all plants growing in the half-mile
band. The distance between the inspectors may vary within this range,
depending upon the visibility of the plant growth. In areas with low
brush and flat terrain, the inspectors may be the maximum distance of 20
feet apart if they can observe all plants growing within 10 feet of
them. In areas of high plant growth or hilly terrain, the inspectors
must be closer together due to limited or obstructed visibility.
Inspectors must observe all plants growing between themselves and the
mid-point of the distance between themselves and the next inspector.
This process must be repeated so that the entire band, measured from the
border of the property to the circumference of an imaginary circle
having the property as its mid-point, is visually inspected in this
manner.
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[[Page 17]]
(d) The following are designated as protected areas:
(1) The States of Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio,
Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.
(2) The following counties in the State of Washington: Adams,
Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield,
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane,
Stevens, Walla Walla, Whitman, Yakima.
(e) Each State that is a protected area or that encompasses a
protected area must submit annually to the Administrator a written
statement, signed by an inspector, assuring APHIS that all nursery
inspections have been performed in accordance with this section. The
statement must be submitted by January 1st of each year, and must
include a list of the nurseries inspected and found free of rust-
susceptible plants.
(f) The Administrator may remove a protected area from the list of
designated protected areas in paragraph (d) of this section if he or she
determines that it no longer meets the criteria of paragraph (a) or
(b)(1) through (3) of this section. A hearing will be held to resolve
any conflict as to any material fact. Rules of practice for the hearing
shall be adopted by the Administrator.
[54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990;
57 FR 3118, Jan. 28, 1992; 71 FR 5778, Feb. 3, 2006]
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. Interstate movement of regulated articles
into or through any State or area that is not designated as a protected
area under Sec. 301.38-3(d) is allowed without restriction under this
subpart.
(b) Protected areas. (1) Prohibited movement. The following
regulated articles are prohibited from moving interstate into or through
any protected area:
(i) All rust-susceptible Berberis, Mahoberberis, and Mahonia plants,
seeds, fruits, and other plant parts capable of propagation, except
Mahonia cuttings for decorative purposes.
(ii) All seed-propagated plants of the Berberis species and
varieties designated as rust-resistant in Sec. 301.38-2(a)(1) of this
subpart that are of less than 2 years' growth, and any seeds, fruits,
and other plant parts capable of propagation from such plants.
(2) Restricted movement. The following regulated articles may be
moved interstate into or through a protected area with a certificate
issued and attached in accordance with Sec. Sec. 301.38-5 and 301.38-7
of this subpart:
(i) Seed-propagated plants of at least 2 years' growth, clonally
propagated plants of any age, seeds, fruits, and other plant parts
capable of propagation of the Berberis species and varieties designated
as rust-resistant in Sec. 301.38-2(a)(1) of this subpart;
(ii) Plants, seeds, fruits, and other plant parts capable of
propagation of the Mahoberberis and Mahonia species and varieties
designated as rust-resistant in Sec. 301.38-2(a)(2) of this subpart.
(c) An inspector may issue a limited permit to allow a regulated
article not eligible for certification under Sec. 301.38-4(b)(2) to
move interstate into or through a protected area to a specified
destination that is stated in the permit and is outside the protected
area, if the requirements of all other applicable Federal domestic plant
quarantines are met. A regulated article moved interstate under a
limited permit must be
[[Page 18]]
placed in a closed sealed container that prevents unauthorized removal
of the regulated article, and that remains sealed until the regulated
article reaches the final destination stated in the permit. At the final
destination, the sealed container must be opened only in the presence of
an inspector or with the authorization of an inspector obtained
expressly for that shipment.
(d) The United States Department of Agriculture may move any
regulated article interstate into or through a protected area in
accordance with the conditions determined necessary to prevent the
introduction or spread of black stem rust in protected areas, as
specified in a Departmental permit issued for this purpose.
[54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002; 71
FR 5778, Feb. 3, 2006]
Sec. 301.38-5 Assembly and inspection of regulated articles: issuance and cancellation of certificates.
(a) Any person, other than a person authorized to issue certificates
under paragraph (c) of this section, who desires to move interstate a
regulated article that must be accompanied by a certificate under Sec.
301.38-4(b), shall, as far in advance of the desired interstate movement
as possible (and no less than 48 hours before the desired interstate
movement), request an inspector \5\ to issue a certificate. To expedite
the issuance of a certificate, an inspector may direct that the
regulated articles be assembled in a manner that facilitates inspection.
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\5\ Services of an inspector may be requested by contacting a local
APHIS office (listed in telephone directories under Animal and Plant
Health Inspection Service (APHIS), Plant Protection and Quarantine). The
addresses and telephone numbers of local offices may also be obtained by
writing to the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Domestic and Emergency Operations, 4700 River
Road Unit 134, Riverdale, Maryland 20737-1236.
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(b) An inspector may issue a certificate for the interstate movement
of a regulated article if he or she:
(1) Determines, upon examination, that the regulated article may be
moved interstate in accordance with this subpart; and
(2) Determines that the regulated article may be moved interstate in
accordance with all other Federal domestic plant quarantines and
regulations applicable to the regulated article.
(c) Certificates for interstate movement of regulated articles may
be issued by an inspector to a person operating under a compliance
agreement for use with subsequent shipments of regulated articles to
facilitate their movement. A person operating under a compliance
agreement must make the determinations set forth in paragraph (b) of
this section before shipping any regulated articles.
(d) Any certificate that has been issued may be withdrawn by an
inspector, orally or in writing, if he or she determines that the holder
of the certificate has not complied with the conditions of this subpart
for the use of the certificate. If the withdrawal is oral, the inspector
will confirm the withdrawal and the reasons for the withdrawal, in
writing, within 20 days of oral notification of the withdrawal. Any
person whose certificate has been withdrawn may appeal the decision, in
writing within 10 days after receiving written notification of the
withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the certificate was wrongfully
withdrawn. A hearing will be held to resolve any conflict as to any
material fact. An appeal shall be granted or denied, in writing, as
promptly as circumstances allow, and the reasons for the decision shall
be stated. In a non-protected area, appeal shall be made to the
Administrator. The Administrator shall adopt rules of practice for the
hearing. The certificate will remain withdrawn pending decision of the
appeal.
[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994;
67 FR 8180, Feb. 22, 2002]
Sec. 301.38-6 Compliance agreements and cancellation.
(a) Any State may enter into a written compliance agreement with any
person who grows or handles regulated articles in a protected area, or
moves interstate regulated articles from a protected area, under which
that person agrees to comply with this subpart,
[[Page 19]]
to provide inspectors with information concerning the source of any
regulated articles acquired each year, and to prevent the unauthorized
use of certificates issued for future use under the compliance
agreement.\6\
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\6\ In non-protected areas, compliance agreements may be arranged by
contacting a local office of the Animal and Plant Health Inspection
Service (APHIS), Plant Protection and Quarantine, or by writing to the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
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(b) A compliance agreement may be cancelled by an inspector, orally
or in writing, whenever he or she determines that the person who has
entered into the compliance agreement has failed to comply with the
agreement or this subpart. If the cancellation is oral, the cancellation
and the reasons for the cancellation will be confirmed, in writing,
within 20 days of oral notification of the cancellation. Any person
whose compliance agreement has been cancelled 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 cancelled. A hearing will be held to resolve any conflict as
to any material fact. An appeal shall be granted or denied, in writing,
as promptly as circumstances allow, and the reasons for the decision
shall be stated. In a non-protected area, appeal shall be made to the
Administrator. The Administrator shall adopt rules of practice for the
hearing. The compliance agreement will remain cancelled pending decision
of the appeal.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at
57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994]
Sec. 301.38-7 Attachment and disposition of certificates.
(a) The certificate required for the interstate movement of a
regulated article must, at all times during the interstate movement, be
attached to the outside of the container containing the regulated
article except as follows:
(1) The certificate may be attached to the regulated article itself
if it is not in container; or
(2) The certificate may be attached to the accompanying waybill or
other shipping document if the regulated article is identified and
described on the certificate or waybill.
(b) The carrier must furnish the certificate to the consignee at the
destination of the regulated article.
Sec. 301.38-8 Costs and charges.
The services of an inspector \4\ during normal business hours,
Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without
cost to persons requiring the services. The United States Department of
Agriculture will not be responsible for any other costs or charges.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]