319.40-2—General prohibitions and restrictions; relation to other regulations.
(a) Permit required.
Except for regulated articles exempted from this requirement by paragraph (c) of this section or § 319.40-3, no regulated article may be imported unless a specific permit has been issued for importation of the regulated article in accordance with § 319.40-4, and unless the regulated article meets all other applicable requirements of this subpart and any requirements specified by APHIS in the specific permit.
(b) Importer document; documentation of type, quantity, and origin of regulated articles.
Except for regulated articles exempted from this requirement by paragraph (c) of this section or § 319.40-3, no regulated article may be imported unless it is accompanied by an importer document stating the following information. A certificate that contains this information may be used in lieu of an importer document at the option of the importer:
(2)
The country, and locality if known, where the tree from which the regulated article was derived was harvested;
(5)
Any treatments or handling of the regulated article required by this subpart that were performed prior to arrival at the port of first arrival.
(c) Regulation of articles imported for propagation or human consumption.
The requirements of this subpart do not apply to regulated articles that are allowed importation in accordance with § 319.19, “Subpart—Citrus Canker and Other Citrus Diseases”, or §§ 319.37 through 319.37-14, “Subpart—Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products”; or to regulated articles imported for human consumption that are allowed importation in accordance with “Subpart—Fruits and Vegetables.”
(d) Regulated articles imported for experimental, scientific or educational purposes.
Any regulated article may be imported without further restriction under this subpart if:
(1)
Imported by the United States Department of Agriculture for experimental, scientific, or educational purposes;
(2)
Imported pursuant to a Departmental permit issued by APHIS for the regulated article prior to its importation and kept on file at the port of first arrival; and
(3)
Imported under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the introduction into the United States of plant pests.
(e) Designation of additional regulated articles.
An inspector may designate any article as a regulated article by giving written notice of the designation to the owner or person in possession or control of the article. APHIS will implement rulemaking to add articles designated as regulated articles to the definition of regulated article in § 319.40-1 if importation of the article appears to present a recurring significant risk of introducing plant pests. Inspectors may designate an article as a regulated article after determining that:
(2)
Other articles of the same type imported from the same country have been found to carry plant pests; or
(f)
In addition to meeting the requirements of this subpart, bark and bark products and logs and pulpwood with bark attached, as well as cut trees (e.g., Christmas trees), imported from Canada are subject to the inspection and certification requirements for gypsy moth in § 319.77-4 of this part.
(Approved by the Office of Management and Budget under control number 0579-0049)