Federal Register - October 12, 1939
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Source: Federal Register
4223
F E D E R A L R E G IS T E R , T hursday , O cto b er 12> 1939
b Packing-house requirements. The Quarantine, the further use of such per packer and shipper shall maintain his mits might result in the dissemination packing plant in compliance with the of the Mexican fruitfly. After any such sanitation requirements of the State of permit is withdrawn or has expired, the Texas issued for the suppression of the further use of any permit tags issued Mexican fruitfly. The packer shall also thereunder is prohibited.
maintain a complete record of all re Regulation 5
ceipts and sales or shipments of host 301.64-5 Conditions required in the fruits, subject to examination by the regulated area. The interstate movement inspector.
c Applications. Persons desiring to of grapefruit, oranges, and other re purchase, pack, or move grapefruit, stricted citrus fruit from the regulated oranges, or other restricted citrus fruits area under permits issued by the United States Department of Agriculture will be interstate from the regulated area shall make application for a permit to the of conditioned on the State of Texas pro viding for and enforcing the following fice of the Bureau of Entomology and Plant Quarantine, Harlingen, Tex., as far control measures in manner and by as possible in advance of the probable method approved by the United States Department of Agriculture, namely:
date of shipment. Applications shall Harvesting Season show the nature and quantity of the fruit it is proposed to move, together with a The harvesting season of host the location at which it will be packed, fruits within the regulated area shall be the name and address of the shipper, gin on the 1st day of September of each and a list of all groves, together with the year and end at midnight on April 30
names and addresses of the owners, from of the following year except that in Dim which fruit for packing will be obtained. mit, La Salle, and Webb Counties, the Each applicant shall file with his appli harvesting period for grapefruit shall end cation a signed statement in which he on the last day of February: Provided, agrees 1 to notify the inspector o f all That the harvesting period in any regu additional groves from which fruit for lated area shall be subject to such modi packing will be obtained, 2 not to pack fication as to duration as may be author or ship fruit from any grove until he has ized by the Chief of the Bureau of received written notification from the in Entomology and Plant Quarantine when spector that the grove has been main in his judgment such modification does tained in compliance with the regula not involve risk of spread of the Mexican tions issued under this quarantine, and fruitfly.
3 to discontinue packing and shipping Host-free Period the fruit from any grove on notification b A
host-free period shall be main from the inspector,of the discovery of an infestation of the Mexican fruitfly tained each year beginning on the 1st in such grove or adjoining groves or of day of May and continuing through the failure on the part of the owner or man last day of August, in the regulated area, ager of such grove to comply with any except that in Dimmit, La Salle, and Webb Counties, the host-free period for condition of these regulations.
grapefruit shall begin on the 1st day of d Containers. Permits will be is March and continue through the last sued for the interstate movement of only such fruit as is packed in containers cus day of August: Provided, That the hosttomarily used in the regulated area for free period in any regulated area shall be subject to such modification as to the commercial shipment of citrus fruits, and of such nature as will permit the in duration as may be authorized by the spector to identify the contents thereof. Chief of the Bureau of Entomology and Plant Quarantine when in his judgment e Sterilization may be required.
such modification does not involve risk Sterlization of host fruits in manner and I of spread of the Mexican fruitfly.
by method prescribed by the Chief of the Prior to such host-free period each Bureau of Eentomology and Plant Quar year, all restricted citrus fruit shall be antine may be required as a condition removed from the tree for immediate for the issuance of permits for interstate sale or shipment, or for retention in flymovement thereof when in his judgment proof storage approved by the Chief of the shipments concerned might involve the Bureau of Entomology and Plant risk of spread of the Mexican fruitfly.
Quarantine, and all other host fruits f Destination limitations. Permits shall be destroyed either following re may be limited as to destination and moval from the trees or by destruction when so limited the fruits covered of the trees themselves.
thereby shall not be moved interstate No host fruits shall be permitted to from 1he regulated area, directly or in remain on trees or to exist elsewhere directly, either in the original containers within a regulated area at any time dur or otherwise, to destinations other than ing such host-free period except imma those authorized in such permits, except ture citrus fruits which in the judgment to the usual diversion points for diver of the Chief of the Bureau of Entomology sion to authorized destinations only.
and Plant Quarantine are not susceptible g Cancelation of permits. Permits to infestation by the Mexican fruitfly.
issued under these regulations may be Infested Zones withdrawn or canceled and further per mits refused, whenever in the judgment c Upon the determination of a Mexi of the Bureau of Entomology and Plant can fruitfly infestation within a regulated
area, which in the judgment of the Chief of the Bureau of Entomology and Plant Quarantine constitutes a risk of spread of such fly, an infested zone shall be designated by the State of Texas subject to approval by the United States Depart ment of Agriculture and all host fruits in susceptible stages of maturity produced within such zone shall be destroyed or processed in such a manner as to render them free from infestation.
Regulation 6
301.64-6 M a r k i n g requirements.
Every crate, box, or other container of host fruit moved interstate under these regulations shall have securely attached thereto a shipping permit issued under the provisions of regulation 4, sec.
301.64-4, and shall be subject to such other marking as may be required by the inspector.
Each shipment of six or more crates, boxes, or other containers of host fruit moved interstate under these regulations shall, in addition to the shipping permit on each such container, be accompanied by a master permit showing the number of containers and either the license num ber and destination of the vehicle or the name, number, and destination of the freight car or other carrier, as the case may be.
Regulation 7
301.64-7 Inspection in transit. Any car, vehicle, basket, box, crate, or other container, moved interstate, which con tains or which the inspector has prob able cause to believe contains articles the movement of which is prohibited or re stricted by these regulations, shall be subject to inspection by inspectors at any time or place.
Regulation 8
301.64-8 Shipments fo r experiI mental or scientific purposes. Articles subject to restriction in these regula tions may be moved interstate for ex perimental or scientific purposes, on such conditions and under such safeguards as may be prescribed by the Chief of the Bureau of Entomology and Plant Quar antine. The container of articles so moved shall bear, securely attached to the outside thereof, an identifying tag from the Bureau o f Entomology and Plant Quarantine showing compliance with such conditions.
These revised rules and regulations shall be effective on and after October 16, 1939, and shall supersede the rules and regulations promulgated October 14, 1937.
Done at the city of Washington this 10th day of October 1939.
Witness my hand and the seal of the United States Department of Agricul ture.
seal
H. A. W allace , Secretary of Agriculture.
F. R. Doc. 39-3767; Filed, October 11, 1939;
12:28 p. m.