(a) Any restricted article (except seeds, unrooted cuttings, and articles declared solely for food, analytical, or manufacturing purposes) from Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Azores, Belarus, Belgium, Bolivia, Bulgaria, Canada (all areas regulated by the national plant protection organization of Canada for potato cyst nematodes), Channel Islands, Chile, Columbia, Costa Rica, Crete, Croatia, Cyprus, Czech Republic, Denmark (including Faeroe Islands), Ecuador, Egypt, Estonia, Falkland Islands, Finland, France, Georgia, Germany, Great Britain, Greece, Guernsey, Hungary, Iceland, India, Indonesia, Ireland, Italy, Japan, Jersey, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Republic of Moldova, Morocco, the Netherlands, New Zealand, Northern Ireland, Norway, Pakistan, Panama, Peru, the Philippines, Poland, Portugal (including Madeira), Romania, Russian Federation, Serbia and Montenegro, Sierra Leone, Slovakia, Slovenia, South Africa, Spain (including Canary Islands and Mallorca), Sri Lanka, Sweden, Switzerland, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, and Venezuela must be accompanied by a phytosanitary certificate of inspection with an additional declaration either:
(1) That the article was grown on land or in a substrate which has been microscopically inspected by the national plant protection organization of the country in which it was grown within 12 months preceding issuance of the certificate and found free from potato cyst nematodes, Globodera rostochiensis (Woll.) Behrens and G. pallida (Stone) Behrens; or
(2) That the article has been grown within a secure environment in a production area that is free of potato cyst nematodes, in a soilless growing medium, or in vitro, and has never been grown in soil nor come in contact with soil.
(b)(1)(i) Restricted articles (except seeds) of Chaenomeles spp. (flowering quince) or Cydonia spp. (quince) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iv), (xviii), (xix), (xx), and (xxi) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant.
(1)(i) Restricted articles (except seeds) of Chaenomeles spp. (flowering quince) or Cydonia spp. (quince) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iv), (xviii), (xix), (xx), and (xxi) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant.
(i) Restricted articles (except seeds) of Chaenomeles spp. (flowering quince) or Cydonia spp. (quince) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iv), (xviii), (xix), (xx), and (xxi) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant.
(ii) Restricted articles (except seeds) of Malus spp. (apple, crabapple) from Belgium, Canada, France, Germany, or the Netherlands, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Belgium, Canada, France, Germany, or the Netherlands, and that the article was found by the national plant protection organization of the country in which it was grown to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iii), (vi), (vii), (viii), (xxii), (xxiii), (xl), (xli), (xlii), and (xliii) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in the country in which the article is grown may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant.
(iii) Restricted articles (except seeds) of Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not susceptible to plum pox (=Sharka) potyvirus (P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Canada or the Netherlands, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada or the Netherlands and that the article was found by the national plant protection organization of the country in which it was grown to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (x) through (xvii), (xxii), and (xliii) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in the country in which the article is grown may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant.
(iv) Restricted articles (except seeds) of Pyrus spp. (pear) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ii), (iv), (v), (xviii), (xix), (xx), (xliii), and (xliv) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant.
(v) Restricted articles (except seeds) of Vitis spp. (grape) from Canada, at the time of arrival at the port of first arrival in the United States, must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada and that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(xiv) through (xvii) and (xxiv) through (xxxix) of this section. The determination by the national plant protection organization that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, for articles containing more than one plant part (e.g., grafted or budded plants), if the scion, interstem, rootstock, or any other plant part of the finished plant that is offered for importation belongs to a taxon listed within this paragraph as a regulated taxon, the additional declaration must address the quarantine pests and related restrictions associated with that taxon. The additional declaration must list all plant parts of regulated taxa that have been incorporated into the finished plant.
(2) Budwood of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) and grown in the Netherlands may be imported into the United States only if it is accompanied by a phytosanitary certificate with an additional declaration that the original parent stock (nuclear stock) has been indexed and found free of pathogens in paragraphs (b)(5)(i), (ix) through (xvii), (xxii), (xliii), and (xliv) of this section by the appropriate national fruit tree certification program, and only if the original parent stock from which the budwood is taken is produced within a secure, enclosed, APHIS-approved pest-exclusionary facility within a national plant protection organization-operated or -approved nuclear stock program where the parent stock is maintained in a pathogen-free state.
(3) Restricted articles, except seeds, of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Canada must be accompanied by a phytosanitary certificate that contains an additional declaration that the article was grown in a nursery in Canada, that the article was found by the national plant protection organization of Canada to be free of the injurious plant pathogens listed in paragraphs (b)(5)(i), (ix) through (xvii), (xxii), (xliii), and (xliv) of this section, and that the article was grown in an area that has been surveyed and found free of plum pox (=Sharka) potyvirus according to a surveying protocol mutually agreed upon by APHIS and the national plant protection organization of Canada. The determination by the national plant protection organization of Canada that the article is free of these pathogens will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified pathogens. An additional declaration on the phytosanitary certificate of inspection by the national plant protection organization of Canada that a pathogen does not occur in Canada may be used in lieu of visual examination and indexing of the parent stock for that pathogen and inspection of the nursery. Finally, if any part of the article is not from Canada, but rather from a third country, that article must meet the entry requirements of this subpart as if the article had been directly imported into the United States from that third country.
(4)(i) Seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Belgium, Canada, France, Germany, Great Britain, or the Netherlands shall, at the time of arrival at the port of first arrival at the United States, be accompanied by a phytosanitary certificate of inspection containing accurate additional declarations that:
(i) Seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Belgium, Canada, France, Germany, Great Britain, or the Netherlands shall, at the time of arrival at the port of first arrival at the United States, be accompanied by a phytosanitary certificate of inspection containing accurate additional declarations that:
(A) The seeds are from parent stock grown in a nursery in Belgium, Canada, France, Germany, Great Britain, or the Netherlands that is free of plum pox (=Sharka) potyvirus; and
(B) The seeds have been found by the national plant protection organization of the country in which they are produced to be free of plum pox (=Sharka) potyvirus based on the testing of parent stock by visual examination and indexing.
(ii) Seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from all countries except for the countries of Europe, Argentina, Canada, Chile, Cyprus, Japan, Syria, and Turkey, shall, at the time of arrival at the port of first arrival, be accompanied by a phytosanitary certificate of inspection, containing an accurate additional declaration that plum pox (=Sharka) potyvirus does not occur in the country in which the seeds were produced. The importation of seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from Belgium, Canada, France, Germany, Great Britain, and the Netherlands is authorized subject to the conditions of paragraph (b)(4)(i) of this section. The importation of seeds of Prunus spp. susceptible to plum pox (=Sharka) potyvirus (species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana) from all other countries in Europe, as well as Argentina, Chile, Cyprus, Japan, Syria, and Turkey, is prohibited.
(5) List of pathogens:
(i) Monilinia fructigena (Aderh. & Ruhl.) Honey (Brown rot of fruit).
(ii) Guignardia piricola (Nose) Yamomoto (Leaf, branch, and fruit disease).
(iii) Apple proliferation phytoplasma.
(iv) Pear blister canker apscaviroid.
(v) Pear bud drop virus.
(vi) Diaporthe mali Bres. (Leaf, branch, and fruit fungus).
(vii) Apple green crinkle agent (Apple false sting virus).
(viii) Apple chat fruit agent (Apple small fruit).
(ix) Plum pox (=Sharka) potyvirus and its strains.
(x) Cherry leaf roll nepovirus (Elm mosaic virus, golden elderberry virus).
(xi) European cherry rusty mottle virus.
(xii) European stone fruit yellows phytoplasma (Apricot chlorotic leaf roll agent).
(xiii) Plum bark split trichovirus.
(xiv) Arabis mosaic nepovirus and its strains.
(xv) Raspberry ringspot nepovirus (European cherry rasp leaf) and its strains.
(xvi) Tomato blackring nepovirus (Myrobalan latent ringspot, peach shoot stunting) and its strains.
(xvii) Strawberry latent ringspot sadwavirus (Peach willow leaf rosette, Court noue) and its strains.
(xviii) Quince sooty ringspot agent.
(xix) Quince yellow blotch agent (Pear yellow blotch agent, Apple rubbery wood phytoplasma).
(xx) Quince stunt agent.
(xxi) Gymnosporangium asiaticum Miyabe ex. Yamada (Rust).
(xxii) Valsa mali Miyabe and Yamada ex. Miura (Branch canker fungus).
(xxiii) Apple ringspot agent (Apple thumb mark, Thumb mark, Apple Henderson spot agent).
(xxiv) The following nematode transmitted viruses: Artichoke Italian latent virus, Grapevine Bulgarian latent virus, Grapevine fanleaf virus and its strains, and Hungarian chrome mosaic virus.
(xxv) Grapevine asteroid mosaic agent.
(xxvi) Grapevine Bratislava mosaic virus.
(xxvii) Grapevine chasselas latent agent.
(xxviii) Grapevine little leaf agent.
(xxix) Grapevine vein mosaic agent.
(xxx) Grapevine vein necrosis agent.
(xxxi) Flavescence-doree phytoplasma.
(xxxii) Black wood phytoplasma (bois-noir).
(xxxiii) Grapevine infectious necrosis bacterium.
(xxxiv) Xanthomonas ampelina Panagopoulas.
(xxxv) Peyronellaea glomerata Ciferri.
(xxxvi) Pseudopeziza tracheiphila Muller-Thur-gau.
(xxxvii) Rhacodiella vitis Sterenberg.
(xxxviii) Rosellinia necatrix Prill.
(xxxix) Septoria melanosa (Vialla and Ravav) Elenk.
(xl) Apple fruit crinkle apscaviroid.
(xli) Apple dimple fruit apscaviroid.
(xlii) Apple scar skin apscaviroid.
(xliii) Monilinia polystroma.
(xliv) Apricot pseudo-chlorotic leaf spot trichovirus.
(c) Any restricted article (except seeds) of Chrysanthemum spp. (chrysanthemum, includes Dendranthema spp.), Leucanthemella serotina, or Nipponathemum nipponicum, from a foreign place except Asia, Europe, South America, Australia, Mexico, New Zealand, Oceania (Melanesia, Micronesia, and Polynesia), Republic of South Africa, and Tunisia shall, at the time of arrival at the port of first arrival in the United States, be accompanied by a phytosanitary certificate of inspection. The phytosanitary certificate of inspection must contain a declaration that the article was grown in a greenhouse nursery and found by the national plant protection organization of the country in which the article was grown to be free of white rust of chrysanthemum (caused by the rust fungus Puccinia horiana P. Henn.) based on visual examination of parent stock, the articles for importation, and the greenhouse nursery in which the articles for importation and the parent stock were grown, once a month for 4 consecutive months immediately prior to importation. Such articles are also subject to the postentry quarantine requirements of Sec. 319.37-7.