(a) Any regulated article may be moved interstate from a quarantined area into or through an area that is not quarantined only if moved under the following conditions:
(1) With a certificate or limited permit issued and attached in accordance with §§301.81-5 and 301.81-9 of this subpart;
(2) Without a certificate or limited permit, provided that each of the following conditions is met:
(i) The regulated article was moved into the quarantined area from an area that is not quarantined;
(ii) The point of origin is indicated on a waybill accompanying the regulated article;
(iii) The regulated article is moved through the quarantined area (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or parked in locations inaccessible to the imported fire ant, or in locations that have been treated in accordance with part 305 of this chapter, while in or moving through any quarantined area; and
(iv) The article has not been combined or commingled with other articles so as to lose its individual identity; or
(3) Without a certificate or limited permit provided the regulated article is a soil sample being moved to a laboratory approved by the Administrator3 to process, test, or analyze soil samples.
3Criteria that laboratories must meet to become approved to process, test, or analyze soil, and the list of currently approved laboratories, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
(b) Inspectors are authorized to stop any person or means of conveyance moving in interstate commerce they have probable cause to believe is moving regulated articles, and to inspect the articles being moved and the means of conveyance. Articles found to be infested by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. Any treatments will be in accordance with part 305 of this chapter.
(Approved by the Office of Management and Budget under control number 0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 75 FR 4240, Jan. 26, 2010]
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