7 CFR 352.6 - Application for permit and approval or denial thereof.

§ 352.6 Application for permit and approval or denial thereof.
(a) Plants and plant products (including noxious weeds). Except as otherwise provided in this paragraph, any person desiring to unload or land, or otherwise move into or through the United States, any plants or plant products for which a specific permit is required by § 352.5, shall in the case of prohibited plants or plant products, and should in the case of restricted plants or plant products, in advance of arrival in the United States of the plants or plant products, submit an application for a permit to the Plant Protection and Quarantine Programs, 1 stating such of the following information as is relevant: The name and address of the importer, the approximate quantity and kind of plants and plant products it is desired to import under this part, the country where grown, the United States port of arrival, the United States port of export, the proposed routing from the port of arrival to the port of exportation, means of transportation to be employed (i.e., mail, air mail, express, air express, freight, air freight, baggage), and the name and address of the agent representing the importer. Applications may be made on forms provided for the purpose by the Plant Protection and Quarantine Programs, or orally, or by letter, telegram, or other means of communication furnishing all the information required by this paragraph. Applications need not be made for shipments handled under general authorizations set forth in § 352.5 (b), (c), or (d), or in § 352.11.

Footnote(s):
1 Application for such permits should be addressed to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, Maryland 20737-1236.

(b) Plant pests. Any person desiring to unload or land, or otherwise move into or through the United States, any plant pest for which a specific permit is required by § 352.5 shall, in advance of the arrival of the plant pests in the United States, submit an application to the Plant Protection and Quarantine Programs 2 for a permit as specified by § 330.201 of this chapter.

Footnote(s):
2 Application for permits should be made to the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.

(c) Soil. Any person desiring to bring into or unload or land, or otherwise move into or through the United States, any soil for which a specific permit is required by § 352.5 shall, in advance of the arrival of the soil in the United States, submit an application for permit to the Plant Protection and Quarantine Programs 2 as specified by § 330.300(b) of this chapter.
(d) Constructive oral application. If a permit has not been issued in advance of arrival, application for any required permit (other than a formal permit) shall be considered to have been made orally to the inspector at the port of arrival by presentation of the shipment for entry or its listing on the manifest or other documentation, but this shall not excuse failure to make timely application as required by this section. Express application is required for a formal permit.
(e) Approval or denial of permits. Upon approval of the application, the permit will be issued. Any conditions necessary to eliminate danger of plant pest or noxious weed dissemination may be specified in the permit, or otherwise as provided in § 352.10. Permits will be denied if, in the opinion of the Deputy Administrator, it is not possible to prescribe conditions adequate to prevent danger of plant pest or noxious weed dissemination by the plants, plant products, plant pests, or soil involved.
(Approved by the Office of Management and Budget under control number 0579-0049)
[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994; 75 FR 68952, Nov. 10, 2010]

Title 7 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 7701 - Findings

§ 7702 - Definitions

§ 7711 - Regulation of movement of plant pests

§ 7712 - Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance

§ 7712a - Reduction in backlog of agricultural export petitions

§ 7713 - Notification and holding requirements upon arrival

§ 7714 - General remedial measures for new plant pests and noxious weeds

§ 7715 - Declaration of extraordinary emergency and resulting authorities

§ 7716 - Recovery of compensation for unauthorized activities

§ 7717 - Control of grasshoppers and Mormon crickets

§ 7718 - Certification for exports

§ 7719 - Methyl bromide

§ 7720 - National plan for control and management of Sudden Oak Death

§ 7721 - Plant pest and disease management and disaster prevention

§ 7731 - Inspections, seizures, and warrants

§ 7732 - Collection of information

§ 7733 - Subpoena authority

§ 7734 - Penalties for violation

§ 7735 - Enforcement actions of Attorney General

§ 7736 - Court jurisdiction

§ 7751 - Cooperation

§ 7752 - Buildings, land, people, claims, and agreements

§ 7753 - Reimbursable agreements

§ 7754 - Regulations and orders

§ 7755 - Protection for mail handlers

§ 7756 - Preemption

§ 7757 - Severability

§ 7758 - Repeal of superseded laws

§ 7759 - Fees for inspection of plants for exporting or transiting

§ 7760 - State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by United States Postal Service

§ 7761 - National Clean Plant Network

§ 7771 - Authorization of appropriations

§ 7772 - Transfer authority

§ 7781 - Definitions

§ 7782 - Establishment of program

§ 7783 - Grants to weed management entities

§ 7784 - Agreements

§ 7785 - Relationship to other programs

§ 7786 - Authorization of appropriations

U.S. Code: Title 21 - FOOD AND DRUGS
U.S. Code: Title 31 - MONEY AND FINANCE