7 CFR 305.5 - Chemical treatment requirements.

§ 305.5 Chemical treatment requirements.
Link to an amendment published at 83 FR 5876, Feb. 12, 2018.

(a)Certified facility. The fumigation treatment facility must be certified by APHIS. Facilities are required to be inspected and recertified annually, or as often as APHIS directs, depending upon treatments performed, commodities handled, and operations conducted at the facility. In order to be certified, a fumigation facility must:

(1) Be capable of administering the required dosage range for the required duration and at the appropriate temperature, as specified in the treatment schedules in the PPQ Treatment Manual or in another treatment schedule approved in accordance with § 305.2.

(2) Be adequate to contain the fumigant and be constructed from material that is not reactive to the fumigant.

(3) For vacuum fumigation facilities, be constructed to withstand required negative pressure.

(b)Monitoring. Treatment must be monitored by an official authorized by APHIS to ensure proper administration of the treatment, including that the correct amount of gas reaches the target organism and that an adequate number and placement of blowers, fans, sampling tubes, or monitoring lines are used in the treatment enclosure. An official authorized by APHIS approves, adjusts, or rejects the treatment.

(c)Treatment procedures.

(1) To kill the pest, all chemical applications must be administered in accordance with an Environmental Protection Agency (EPA) approved pesticide label and the APHIS-approved treatment schedule prescribed in the PPQ Treatment Manual or in another treatment schedule approved in accordance with § 305.2. If EPA cancels approval for the use of a pesticide on a commodity, then the treatment schedule prescribed in the PPQ Treatment Manual or approved in accordance with § 305.2 is no longer authorized for that commodity. If the commodity is not listed on the pesticide label and/or included in a Federal quarantine or crisis exemption in accordance with FIFRA section 18, then no chemical treatment is available.

(2) Temperature/concentration readings must be taken for items known to be sorptive or whose sorptive properties are unknown when treatment is administered in chambers at normal atmospheric pressure.

(3) Unless otherwise specified in the PPQ Treatment Manual or in another approved treatment schedule, the volume of the commodity stacked inside the treatment enclosure must not exceed 2/3 of the volume of the enclosure. Stacking must be approved by an official authorized by APHIS before treatment begins. All commodities undergoing treatment must be listed on the label or authorized under Section 18 of FIFRA.

(4) Recording and measuring equipment must be adequate to accurately monitor the gas concentration, to ensure the correct amount of gas reaches the pests, and to detect any leaks in the enclosure. At least three sampling tubes or monitoring lines must be used in the treatment enclosure.

(5) An adequate number of blowers or fans must be used inside of the treatment enclosure to uniformly distribute gas throughout the enclosure. The circulation system must be able to recirculate the entire volume of gas in the enclosure in 3 minutes or less.

(6) The exposure period begins after all gas has been introduced.

(7) For vacuum fumigation: The vacuum pump must be able to reduce pressure in the treatment enclosure to 1-2 inches of mercury in 15 minutes or less.

[ 75 FR 4241, Jan. 26, 2010, as amended at 76 FR 60361, Sept. 29, 2011]

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 - Repealed. Pub. L. 113–79, title X, § 10007(c), Feb. 7, 2014, 128 Stat. 947

§ 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

Title 7 published on 20-Feb-2018 03:46

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 305 after this date.

  • 2018-02-12; vol. 83 # 29 - Monday, February 12, 2018
    1. 83 FR 5871 - Standardizing Phytosanitary Treatment Regulations: Approval of Cold Treatment and Irradiation Facilities; Cold Treatment Schedules; Establishment of Fumigation and Cold Treatment Compliance Agreements
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service
      Final rule.
      Effective March 14, 2018.
      7 CFR Part 305