§ 301.80-3 Conditions governing the interstate movement of regulated articles from quarantined States. ( a ) Any regulated articles, except soil samples for processing, testing, or analysis, may be moved interstate from any quarantined State under the following conditions:1 ( 1 ) With certificate or permit issued and attached in accordance with §§ 301.80-4 and 301.80-7, if moved: ( i ) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or
( ii ) From any generally infested area into or through any suppressive area; or
( iii ) Between any noncontiguous suppressive areas; or
( iv ) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the witchweed and the person in possession thereof has been so notified; or
( v ) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or
( 2 ) Without certificate or permit if moved: ( i ) From any regulated area under the provisions of § 301.80-2 which exempt certain articles from certificate and permit requirements; or
( ii ) From a generally infested area to a contiguous generally infested area; or
( iii ) From a suppressive area to a contiguous generally infested area; or
( iv ) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the witchweed exists; or
( v ) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or
( 3 ) From any area outside the regulated areas, if moved: ( i ) With a certificate or permit attached; or
( ii ) Without a certificate or permit, if: ( A ) The regulated articles are exempt from certification and permit requirements under the provisions of § 301.80-2; or
( B ) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.
( b ) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing, or analysis may be moved interstate from any regulated area only to laboratories approved[2] by the Deputy Administrator. A certificate or permit will not be required to be attached to such soil samples except in those emergency situations where the Deputy Administrator has authorized such movement to another destination with a certificate or permit issued and attached in accordance with §§ 301.80-4(d) and 301.80-7. Soil samples originating in areas outside of the regulated areas will not require such a certificate or permit and their movement is not restricted to approved laboratories if the point of origin of such samples is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.
[41 FR 27373, July 2, 1976, as amended at 87 FR 80012, Dec. 29, 2022] Footnotes -
301.80-3
[2] Provisions for laboratory approval may be obtained from your State's State Plant Health Director. Contact information can be found at *www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD*.