--- kind: "range" citation: "7 C.F.R. §§ 352.1–352.8" title: "7" from: "352.1" to: "352.8" count: 8 url: "https://uscodex.org/cfr/7/352.1..352.8" --- # §352.1. Definitions. - (a) This part may be cited by the short title: “Safeguard Regulations.” This title shall be understood to include both the regulations and administrative instructions in this part. - (b) Words used in the singular form in this part shall be deemed to import the plural and vice versa as the case may demand. For purposes of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: Administrative instructions. Published documents set forth in this part relating to the enforcement of this part, and issued under authority thereof by the Deputy Administrator. Biological control organism. Any enemy, antagonist, or competitor used to control a plant pest or noxious weed. Brought in for temporary stay where unloading or landing is not intended. Brought in by carrier but not intended to be unloaded or landed from such carrier. This phrase includes movement (i) departing from the United States on the same carrier directly from the point of arrival therein; and (ii) transiting a part of the United States before departure therefrom, and applies whether movement under Customs procedure is as residue cargo or follows some form of Customs entry. Carrier; means of conveyance. Automobile, truck, animal-drawn vehicle, railway car, aircraft, ship, or other means of transportation. Customs. The U.S. Customs Service, Department of the Treasury, or, with reference to Guam, the Customs Office of the Government of Guam. Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs or any employee of the Plant Protection and Quarantine Programs delegated to act in his or her stead. Foreign trade zone. A formally prescribed area containing various physical facilities located in or adjacent to ports of entry under the jurisdiction of the United States and established, operated, and maintained as a foreign trade zone pursuant to the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 998-1003; [19 U.S.C. 81a-81u](/usc/19/81a-81u.md)), as amended, wherein foreign merchandise, as well as domestic merchandise, may be deposited for approved purposes. Movement into and from such area is subject to applicable customs, plant quarantine, and other Federal requirements. Immediate (export, trans-shipment, or transportation and exportation). The period which, in the opinion of the inspector, is the shortest practicable interval of time between the arrival of an incoming carrier and the departure of the outgoing carrier transporting a consignment of prohibited or restricted products or articles. Inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this part. Intended for unloading and entry at a port other than the port of first arrival. Brought in by carrier at a port for movement to the port of entry under residue cargo procedure of Customs. Noxious weed. Any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment. Other product or article. Any product or article of any character whatsoever (other than plants, plant products, soil, plant pests, and means of conveyance), which an inspector considers may be infested or infected by or contain a plant pest. Owner. The owner, or his agent (including the operator of a carrier), having responsible custody of a plant, plant product, plant pest, soil, or other product or article subject to this part. Person. Any individual, partnership, corporation, association, joint venture, society, or other legal entity. Plant pest. Any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product: A protozoan, nonhuman animal, parasitic plant, bacterium, fungus, virus or viroid, infectious agent or other pathogen, or any article similar to or allied with any of the plant pests listed in this definition. Plant Protection Act. Title IV of Public Law 106-224, 114 Stat. 438, [7 U.S.C. 7701-7772](/usc/7/7701-7772.md), which was enacted June 20, 2000. Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, of the U.S. Department of Agriculture. Plants and plant products. Nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, vegetables, and other plant products, and any product constituted, in whole or in part, of plant material which has not been so manufactured or processed as to eliminate pest risk. Port. Any place designated by the President, Secretary of the Treasury, or Congress at which a Customs officer is assigned with authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the Customs and Navigation laws in force at that place. Port of arrival. Any port in the United States at which a prohibited or restricted product or article arrives. Port of entry. A port at which a specified shipment or means of conveyance is accepted for entry or admitted without entry into the United States. Residue cargo. Shipments authorized by Customs to be transported under the Customs bond of the carrier on which the shipments arrive, without entry being filed, for direct export from the first port of arrival, or to another port for entry or for direct export at that port without entry being required. Safeguard. A procedure for handling, maintaining, or disposing of prohibited or restricted products and articles subject to this part so as to eliminate the risk of plant pest dissemination which the prohibited or restricted products and articles may present. Ship. Any means of transportation by water. Soil. The unconsolidated material from the earth's surface that consists of rock and mineral particles and that supports or is capable of supporting biotic communities. Stores and furnishings. Plants and plant products for use on board a carrier; e.g. as food or decorative material. United States. The States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States, and the territorial waters of the United States adjacent to those land areas. Unloaded or landed for transportation and exportation. Brought in by carrier and transferred to another carrier for transportation to another port for exportation, whether or not some form of Customs entry is made. Unloaded or landed for transshipment and exportation. Brought in by carrier and transferred to another carrier for exportation from the same port, whether or not some form of Customs entry is made. # §352.2. Purpose; relation to other regulations; applicability; preemption of State and local laws. - (a) Importations of plants, plant products, plant pests, biological control organisms, noxious weeds, soil, and other products and articles that may be infested or infected by or contain plant pests, biological control organisms, or noxious weeds are exempt from the prohibitions or restrictions contained in parts [319](/cfr/7/part319.md), [330](/cfr/7/part330.md), and 360 of this chapter if they meet one of the conditions in [paragraphs (a)(1) through (a)(4)](#a-1..a-4) of this section and are moved into the United States and handled in compliance with this part. Provided: That these exemptions do not apply to cotton and covers imported into the United States from any country for exportation or transshipment and exportation or transportation and exportation as provided in [§§ 319.8 through 319.8-26](/cfr/7/319.8..319.8-26.md) of this chapter. Moreover, the applicable provisions of §§ [330.100 through 330.109](/cfr/7/330.100..330.109.md) and [330.400](/cfr/7/330.400.md) of this chapter also apply to products and articles subject to this part. - (1) They are brought in temporarily where loading and landing is not intended; - (2) They are unloaded or landed for transshipment and exportation; - (3) They are unloaded or landed for transportation and exportation; or - (4) **They are intended for unloading and entry at a port other than the port of arrival.** - (b) Prohibited or restricted products and articles offered for and refused entry into the United States under parts [319](/cfr/7/part319.md), [330](/cfr/7/part330.md), or 360 of this chapter are subject to the applicable provisions in this part regarding their subsequent handling in this country. - (c) - (1) The provisions in this part apply whether the controls over arrival, temporary stay, unloading, landing, transshipment and exportation, or transportation and exportation, or other movement or possession in the United States and Guam are maintained by entry or other procedures of the U.S. Customs Service, Department of the Treasury, or the Customs Office of the Government of Guam, respectively. Such provisions will apply to arrivals in the United States, including arrivals in a foreign trade zone in the United States to which admission is sought in accordance with the Customs regulations in [19 CFR chapter](/cfr/19.md) I. Prohibited or restricted products and articles that have entered the United States, been exported pursuant to this part, and returned to the United States are subject to the applicable requirements of this part upon reentry. - (2) Any restrictions and requirements under this part with respect to the arrival, temporary stay, unloading, landing, transshipment, exportation, transportation and exportation, or other movement or possession in the United States of any product or article shall apply to any person who, respectively, brings into, maintains, unloads, lands, transships, exports, transports and exports, or otherwise moves or possesses in the United States such product or article, whether he is the person who was required to have a permit for the product or article or a subsequent custodian of such product or article, and failure to comply with all applicable restrictions and requirements under this part by any such person shall be deemed to be a violation of this part. - (d) Under section 436 of the Plant Protection Act ([7 U.S.C. 7756](/usc/7/7756.md)), a State or political subdivision of a State may not regulate in foreign commerce any article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant product in order to control a plant pest or noxious weed, to eradicate a plant pest or noxious weed, or to prevent the introduction or dissemination of a biological control organism, plant pest, or noxious weed. # §352.3. Enforcement and administration. - (a) Plants, plant products, plant pests, biological control organisms, noxious weeds, soil, and other products and articles subject to the regulations in this part that are unloaded, landed, or otherwise brought or moved into or through the United States in violation of this part may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act ([7 U.S.C. 7714](/usc/7/7714.md)). Any person who unloads, lands, or otherwise brings or moves into or through the United States any regulated plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles in violation of this part will be subject to prosecution under the applicable provisions of law. - (b) Whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions of danger of plant pest escape or dissemination involved in the arrival, unloading, landing, or other movement, or possession in the United States of plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles subject to the regulations in this part, make it safe to modify by making less stringent the restrictions contained in any such regulation, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent with respect thereto, whereupon such modification shall become effective; or he may, upon request in specific cases, when the public interests will permit, authorize arrival, unloading, landing, or other movement, or possession in the United States under conditions that are less stringent than those contained in the regulations in this part. - (c) The Deputy Administrator also may set forth and publish, in administrative instructions, requirements and conditions for any class of products or articles supplemental to the regulations in this part, and may promulgate interpretations of this part. - (d) The Deputy Administrator shall employ procedures to carry out the purposes of this part which will impose a minimum of impediment to foreign commerce, consistent with proper precaution against plant pest, noxious weed, or biological control organism dissemination. # §352.4. Documentation. - (a) **Manifest.** Immediately upon the arrival of a carrier in the United States the owner shall make available to the inspector for examination a complete manifest or other documentation from which the inspector may determine whether there are on board any prohibited or restricted products or articles subject to this part, other than accompanied baggage and mail. - (b) **Other documentation.** Any notifications, reports, and similar documentation not specified in the regulations in this part, but necessary to carry out the purpose of the regulations, will be prescribed in administrative instructions. - (c) **Procedure after examination of documents.** After examination of the carrier cargo manifest or other documentation the inspector may notify the owner and the Customs officer that certain products or articles on board the carrier are subject to this part and may not be unloaded or landed for any purpose pending plant quarantine inspection. In such case the owner shall not unload or land such products or articles without authorization by an inspector. # §352.5. Permit; requirement, form and conditions. - (a) **General.** - (1) Permits are required for the arrival, unloading or landing, or other movement into or through the United States of plants, plant products, plant pests, biological control organisms, noxious weeds, and soil subject to this part. The permit may consist of a general authorization as set out in paragraph [(b)](#b), [(c)](#c), or [(d)](#d) of this section or [§ 352.11](/cfr/7/352.11.md), or it may be a specific permit. A specific permit may be formal or oral except as a formal permit is required by paragraph [(c)](#c) or [(e)](#e) of this section. The Deputy Administrator may in administrative instructions require specific or formal permits for any class of products or articles subject to this part. - (2) A formal permit may be issued in prescribed form, in letter form, or a combination thereof. A rubber stamp impression or other endorsement made by the inspector on pertinent Customs documents covering the products or articles involved may constitute the formal permit in appropriate cases. - (b) **Permit for prohibited or restricted products or articles brought in for temporary stay where unloading or landing in the United States is not intended.** No permit other than the authorization contained in this paragraph shall be required for bringing into the United States any plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to this part for temporary stay where unloading or landing in the United States is not intended, e.g., in connection with residue cargo movement under Customs procedure, or in connection with Customs entry for exportation or for transportation and exportation. This authorization also includes transshipment of products and articles under this paragraph from a carrier directly to another carrier of the same company when necessitated by an emergency or operating requirement and effected in accordance with safeguards prescribed in writing or orally by the inspector under [§ 352.10](/cfr/7/352.10.md). - (c) **Permit for prohibited or restricted products or articles unloaded or landed for immediate transshipment and exportation, or immediate transportation and exportation.** When in the opinion of the inspector it is unnecessary to specify in a formal permit the safeguards required to prevent plant pest dissemination, plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to this part may be unloaded or landed for immediate transshipment and exportation or for immediate transportation and exportation, as provided in [§ 352.10](/cfr/7/352.10.md), with the approval of the inspector and no further permit than the authorization contained in this paragraph; otherwise a formal permit shall be required for such unloading or landing. - (d) **Permit for restricted products or articles moving as residue cargo from port of first arrival to port of entry.** Restricted plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to this part arriving in the United States for movement under residue cargo procedures of Customs from a port of first arrival to another port for Customs entry into the United States may be allowed to so move without permit other than the authorization contained in this paragraph, if the inspector finds that apparently they can meet the applicable requirements of parts [319](/cfr/7/part319.md), [330](/cfr/7/part330.md), and 360 of this chapter at the port where entry is to be made; otherwise a formal permit shall be required for such movement. Such restricted products and articles shall become subject to the applicable permit and other requirements of parts [319](/cfr/7/part319.md), [330](/cfr/7/part330.md), and 360 of this chapter upon arrival at the port where Customs entry is to be made and shall not be unloaded or landed unless they comply with the applicable requirements. - (e) **Formal permits required for certain prohibited or restricted products or articles brought into a foreign trade zone.** A formal permit must be obtained to bring any prohibited or restricted plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to the provisions in this part, into a foreign trade zone for storage, manipulation, or other handling, except for immediate transshipment and exportation or for immediate transportation and exportation. Special conditions to safeguard such storage, manipulation, or other possession or handling may be specified in the permit, and when so specified shall be in addition to any other applicable requirements of this part or the safeguards prescribed by the inspector or otherwise under this part. # §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](/cfr/7/352.5.md), 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)](/cfr/7/352.5.md?p=b), [(c)](/cfr/7/352.5.md?p=c), or [(d)](/cfr/7/352.5.md?p=d), or in [§ 352.11](/cfr/7/352.11.md). - (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](/cfr/7/352.5.md) shall, in advance of the arrival of the plant pests in the United States, submit an application to the Plant Protection and Quarantine Programs for a permit in accordance with [§ 330.201](/cfr/7/330.201.md) of this chapter. - (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](/cfr/7/352.5.md) 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 as specified by [§ 330.203](/cfr/7/330.203.md) 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, noxious weed, or biological control organism dissemination may be specified in the permit, or otherwise as provided in [§ 352.10](/cfr/7/352.10.md). 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, noxious weed, or biological control organism dissemination by the plants, plant products, plant pests, or soil involved. # §352.7. Notice of arrival. Immediately upon arrival of any shipment of plants or plant products (including noxious weeds) subject to this part and covered by a specific permit, the importer shall submit to an inspector notice of such arrival using a form provided for that purpose (Form PPQ-368) and, where relevant, the proposed routing to the proposed U.S. port of exit. Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. Notice of arrival shall not be required for other products or articles subject to this part since other available documentation meets the requirement for this notice. # §352.8. Marking requirements. Prohibited and restricted products and articles subject to this part shall be adequately marked or otherwise identified by documentation to indicate their nature.