§ 319.7-2 Issuance of permits and labels. ( a ) Upon receipt of an application, APHIS will issue a permit if, after review of the application, APHIS determines that the regulated articles are eligible to be imported into the United States under any applicable conditions. The permit will specify the applicable conditions of entry and the port of entry, and a copy will be provided to the permittee. The permit will only be valid for the time period indicated on the permit.
( b ) The applicant for a permit for the importation of regulated articles into the United States must designate the person who will be named as the permittee upon the permit's issuance. The applicant and the permittee may be the same person or different persons.
( c ) The act, omission, or failure of the permittee as an officer, agent, or person acting for or employed by any other person within the scope of his or her employment or office will be deemed also to be the act, omission, or failure of the other person.
( d ) Failure to comply with all of the conditions specified in the permit or any applicable regulations or administrative instructions, or forging, counterfeiting, or defacing permits or shipping labels, may result in immediate revocation of the permit, denial of any future permits, and civil or criminal penalties for the permittee.
( e ) The permittee will remain responsible for the consignment regardless of any delegation to a subsequent custodian of the importation.
( f ) A permittee must: ( 1 ) If an individual, be at least 18 years of age and have and maintain an address in the United States that is specified on the permit and be physically present during normal business hours at that address during any periods when articles are being imported or moved interstate under the permit; or
( 2 ) If another legal entity, maintain an address or business office in the United States with a designated individual for service of process; and
( 3 ) Serve as the contact for the purpose of communications associated with the movement of the regulated article for the duration of the permit. The PPQ Permit Unit must be informed of a change in contact information for the permittee within 10 business days of such change;
( 4 ) Ensure compliance with the applicable regulatory requirements and permit conditions associated with the movement of the regulated article for the duration of the permit;
( 5 ) Provide written or electronic acknowledgment and acceptance of permit conditions when APHIS requests such acknowledgment;
( 6 ) Serve as the primary contact for communication with APHIS regarding the permit; and
( 7 ) Maintain all conditions of the permit for the entirety of its prescribed duration.
( g ) The regulated article may be imported only if all applicable requirements of the permit issued for the importation of the regulated article or any other documents or instructions issued by APHIS are met and complied with as determined by APHIS.
( h ) In accordance with the regulations in this part, labels may be issued to the permittee for the importation of regulated articles. Such labels may contain information about the shipment's nature, origin, movement conditions, or other matters relevant to the permit and will indicate that the importation is authorized under the conditions specified in the permit. ( 1 ) If issued, the quantity of labels will be sufficient for the permittee to attach one to each parcel. Labels must be affixed to the outer packaging of the parcel.
( 2 ) Importations without such required labels will be refused entry into the United States, unless a label is not required and not issued for the importation.
( i ) Even if a permit has been issued for the importation of a regulated article, the regulated article may be imported only if an inspector at the port of entry determines that no remedial measures pursuant to the Plant Protection Act are necessary to mitigate or address any plant pest or noxious weed risks.[1]
( j ) A permit application may be withdrawn at the request of the applicant prior to the issuance of the permit.
( k ) A permit may be canceled after issuance at the request of the permittee.
( l ) A permit may be amended if APHIS finds that the permit is incomplete or contains factual errors.
( m ) In accordance with Section 7734 of the Plant Protection Act, as amended (7 U.S.C. 7701 *et seq.*), the actions, omissions, or failures of any agent of the permittee may be deemed the actions, omissions, or failures of a permittee as well; and that failure to comply with all of the conditions specified in the permit or any applicable regulations or administrative instructions, or forging, counterfeiting, or defacing permits or shipping labels, may result in immediate revocation of the permit, denial of any future permits, and civil or criminal penalties for the permittee.
Footnotes -
319.7-2
[1] An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, and other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).