What Plant Materials Need a Permit?
What Plant Material Requires a Permit?
Under the nursery stock quarantine (7CFR319.37-3), the following restricted articles (other than articles for food, analytical, medicinal, or manufacturing purposes) in any of the following categories may be imported or offered for importation into the United States only after issuance of a written permit by Plant Protection and Quarantine:
- Lots of 13 or more articles (other than seeds, bulbs, or sterile cultures of orchid plants) from any country or locality except Canada;
- Seeds of trees or shrubs from any country or locality except Canada;
- Articles subject to treatment and other requirements of §319.37-6;
- Articles subject to the postentry quarantine conditions of §319.37-7;
- Small lots of seed imported without a phytosanitary certificate;
- Bulbs of Allium sativum , Crocosmia spp., Gladiolus spp. and Watsonia spp. from New Zealand; Cocos nucifera (coconut); and articles (except seeds) of Dianthus spp. from any country except Canada;
- Articles (except seeds) of Malus spp., Pyrus spp., Prunus spp., Cydonia spp., Chaenomeles spp. and Rubus spp., from Canada;
- Articles (except seeds) of Castanopsis spp. destined to California or Oregon;
- Articles of Ribes spp. (including seeds) destined to Massachusetts, New York, West Virginia, or Wisconsin;
- Articles (except seeds) of Planera spp. or Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to California, Nevada, or Oregon;
- Seeds of Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) from Canada and destined to Colorado, Michigan, New York, Washington, or West Virginia;
- Articles (except seeds) of Vitis spp. (grape) from Canada and destined to California, New York, Ohio, Oregon, and Washington;
- Articles (except seeds) of Corylus spp. from provinces east of Manitoba in Canada and destined to Oregon or Washington;
- Articles (except seeds) of Pinus spp. from Canada;
- Articles (except seeds) of Ulmus spp. from Canada and destined to California, Nevada, or Oregon;
- Solanum tuberosum true seed from New Zealand and the X Region of Chile (that area of Chile between 39° and 44° South latitude—see §319.37-5(o));
- Articles (except seeds) of Fraxinus spp. from counties or municipal regional counties in Canada that are not regulated for emerald ash borer (EAB) but are within an EAB-regulated Province or Territory and are not prohibited under §319.37-2(a).
Other quarantines in 7CFR part 319 prohibit and/or require permits for certain plants and plant parts that are intended for planting. If you wish to import any of the following commodities, please see the appropriate quarantine:
Foreign Cotton and Covers (7CFR 319.8)
Sugarcane (7CFR 319.15)
Citrus (7CFR 319.19)
Corn and Corn relatives (7CFR 319.24 and 7CFR 319.41)
Rice (7CFR 319.55)
Wheat (7CFR 319.59)
Coffee (7CFR 319.73)
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Code of Federal Regulations 7 CFR 319.37-3
Title 7: Agriculture
PART 319—FOREIGN QUARANTINE NOTICES
Subpart—Plants for Planting
§319.37-3 Permits.
(a) The restricted articles (other than articles for food, analytical, medicinal, or manufacturing purposes) in any of the following categories may be imported or offered for importation into the United States only after issuance of a written permit by the Plant Protection and Quarantine Programs in accordance with §§319.7 through 319.7-5:
(1) Articles subject to treatment and other requirements of §319.37-6;
(2) Articles subject to the postentry quarantine conditions of §319.37-7;
(3) Bulbs of Allium sativum (garlic), Crocosmia spp. (montebretia), Gladiolus spp. (gladiolus), and Watsonia spp. (bugle lily) from New Zealand;
(4) Articles of Cocos nucifera (coconut); and articles (except seeds) of Dianthus spp. (carnation, sweet-william) from any country or locality except Canada;
(5) Lots of 13 or more articles (other than seeds, bulbs, or sterile cultures of orchid plants) from any country or locality except Canada;
(6) Seeds of trees or shrubs from any country or locality except Canada;
(7) Articles (except seeds) of Malus spp. (apple, crabapple), Pyrus spp. (pear), Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune), Cydonia spp. (quince), Chaenomeles spp. (flowering quince), and Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry), from Canada;
(8) Articles (except seeds) of Castanopsis spp. (chinquapin) destined to California or Oregon;
(9) Articles (except seeds) of Pinus spp. (pine), (5-leaved) destined to Wisconsin;
(10) Articles of Ribes spp. (currant, gooseberry), (including seeds) destined to Massachusetts, New York, West Virginia, or Wisconsin;
(11) Articles (except seeds) of Planera spp. (water elm, planer) or Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to California, Nevada, or Oregon;
(12) Seeds of Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) from Canada and destined to Colorado, Michigan, New York, Washington, or West Virginia;
(13) Articles (except seeds) of Vitis spp. (grape) from Canada and destined to California, New York, Ohio, Oregon, and Washington;
(14) Articles (except seeds) of Corylus spp. (filbert, hazel, hazelnut, cobnut) from provinces east of Manitoba in Canada and destined to Oregon or Washington;
(15) Articles (except seeds) of Pinus spp. (pine) from Canada;
(16) Articles (except seeds) of Ulmus spp. (elm) from Canada and destined to California, Nevada, or Oregon;
(17) Solanum tuberosum true seed from New Zealand and the X Region of Chile (that area of Chile between 39° and 44° South latitude—see §319.37-5(o));
(18) Small lots of seed imported in accordance with §319.37-4(d) of this subpart; and
(19) Articles (except seeds) of Fraxinus spp. (ash) from counties or municipal regional counties in Canada that are not regulated for emerald ash borer (EAB) but are within an EAB-regulated Province or Territory and are not prohibited under §319.37-2(a).
(b) [Reserved]
(c) A permit indicating the applicable conditions for importation under this subpart will be issued by Plant Protection and Quarantine Programs if, after review of the application, the articles are deemed eligible to be imported into the United States under the conditions specified in the permit. However, even if such a permit is issued, the regulated article may be imported only if all applicable requirements of this subpart are met and only if an inspector at the port of entry determines that no remedial measures pursuant to the Plant Protection Act are necessary with respect to the regulated article.4
4An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
(d) Any permit that has been issued may be revoked by an inspector or APHIS in accordance with §319.7-4.
(e) Persons wishing to import restricted articles into the United States for experimental, therapeutic, or developmental purposes must apply for a controlled import permit in accordance with §319.6.
(f) The importation of restricted articles required to be grown under the postentry quarantine provisions of §319.37-7 must be authorized by a controlled import permit obtained in accordance with §319.6.
(Approved by the Office of Management and Budget under control number 0579-0049)
[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, Feb. 16, 1995; 66 FR 21055, Apr. 27, 2001; 69 FR 61586, Oct. 20, 2004; 71 FR 19101, Apr. 13, 2006; 72 FR 30467, June 1, 2007; 72 FR 43518, Aug. 6, 2007; 78 FR 25570, May 2, 2013; 79 FR 19810, Apr. 10, 2014]