---
kind: "section"
citation: "7 C.F.R. § 319.7-3"
title: "7"
number: "319.7-3"
heading: "Denial of permits."
url: "https://uscodex.org/cfr/7/319.7-3"
---

# §319.7-3. Denial of permits.

- (a) APHIS may deny an application for a permit to import a regulated article into the United States. A denial, including the reason for the denial, will be provided in writing, including by electronic methods, to the applicant as promptly as circumstances permit. The denial of a permit may be appealed in accordance with [§ 319.7-5](/cfr/7/319.7-5.md).
- (b) APHIS may deny an application for a permit to import a regulated article:
  - (1) If APHIS determines that the applicant is not likely to abide by permit conditions. Factors that may lead to such a determination include, but are not limited to, the following:
    - (i) The applicant, or a partnership, firm, corporation, or other legal entity in which the applicant has a substantial interest, financial or otherwise, has not complied with any permit that was previously issued by APHIS;
    - (ii) APHIS determines that issuing the permit would circumvent any order revoking or denying a permit under the Plant Protection Act;
    - (iii) APHIS determines that the applicant has previously failed to comply with any APHIS regulation;
    - (iv) APHIS determines that the applicant has previously failed to comply with any Federal, State, or local law, regulation, or instruction concerning the importation of prohibited or restricted foreign agricultural products;
    - (v) APHIS determines that the applicant has failed to comply with the laws or regulations of a national plant protection organization or equivalent body, as these pertain to plant health;
    - (vi) APHIS determines that the applicant has made false or fraudulent statements or provided false or fraudulent records to APHIS; or
    - (vii) The applicant has been convicted or has pled nolo contendere to any crime involving fraud, bribery, extortion, or any other crime involving a lack of integrity.
  - (2) If the application for a permit contains information that is found to be materially false, fraudulent, deceptive, or misrepresentative;
  - (3) If APHIS concludes that the actions proposed under the permit would present an unacceptable risk to plants and plant products because of the potential for introduction or dissemination of a plant pest or noxious weed within the United States;
  - (4) If the importation is adverse to the conduct of an eradication, suppression, control, or phytosanitary program of APHIS or a program recognized by APHIS;
  - (5) If the importation is not in compliance with any applicable import regulations or any administrative instructions or measures, including, but not limited to, all the requirements of this part; or
  - (6) If a State executive official, or a State plant protection official authorized to do so, objects to the movement in writing and provides specific, detailed information that there is a risk the movement will result in the dissemination of a plant pest or noxious weed into the State, and APHIS determines that such plant pest risk cannot be adequately addressed or mitigated.

## Notes

### Source

Source: 78 FR 19807, Apr. 10, 2014, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019.

### Authority

Authority: 7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

### Source

Source: 24 FR 10788, Dec. 29, 1959, unless otherwise noted.