(a) Application procedure. An application for a permit must be obtained and submitted in accordance with §§319.7 through 319.7-5.

(b) Review of application and issuance of permit. After receipt and review of the application, APHIS shall determine whether it appears that the regulated article at the time of importation will meet either the specific importation requirements in §319.40-5 or the universal importation requirements in §319.40-6.

(1) If it appears that the regulated article proposed for importation will meet the requirements of either §319.40-5 or §319.40-6, a permit stating the applicable conditions for importation under this subpart shall be issued for the importation of the regulated article identified in the application.

(2) If it appears that the regulated article proposed for importation will not meet the requirements of either §319.40-5 or §319.40-6 because these sections do not address the particular regulated article identified in the application, APHIS shall review the application by applying the plant pest risk assessment standards specified in §319.40-11.

(i) If this review reveals that importation of the regulated article under a permit and subject to the inspection and other requirements in §319.40-9, but without any further conditions, will not result in the introduction of plant pests into the United States, a permit for importation of the regulated article shall be issued. The permit may only be issued in unique and unforeseen circumstances when the importation of the regulated article is not expected to recur.

(ii) If this review reveals that the regulated article may be imported under conditions that would reduce the plant pest risk to an insignificant level, APHIS may implement rulemaking to add the additional conditions to this subpart, and after the regulations are effective, may issue a permit for importation of the regulated article.

(Approved by the Office of Management and Budget under control number 0579-0049)

[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001; 69 FR 52418, Aug. 26, 2004; 79 FR 19810, Apr. 10, 2014; 81 FR 40150, June 21, 2016]