Fresh tomatoes may be imported into the continental United States from member States of the Economic Community of West African States (ECOWAS) only in accordance with this section and other applicable provisions of this subpart. These conditions are designed to prevent the introduction of the following quarantine pests: Bactrocera invadens (=B. dorsalis), Ceratitis capitata, C. rosa, Chrysodeixis chalcites, Helicoverpa armigera, H. assulta, Leucinodes orbonalis, Maconellicoccus hirsutus, Nipaecoccus viridis, and Zeugodacus curcubitae.
Production site requirements
Production sites in which the tomatoes are produced must be registered with the National Plant Protection Organization (NPPO) of the exporting country. Initial approval of production sites must be completed jointly by the NPPO and APHIS.
The NPPO must visit and inspect the production sites monthly, beginning 2 months before the harvest and continuing through the end of the shipping season. APHIS may monitor the production sites if necessary.
Production sites must be pest-exclusionary structures (PES). The PES must have self-closing double doors. All openings, including vents, to the outside of the PES must be covered by screening with mesh openings of not more than 1.6 mm.
No shade trees may be grown within 10 meters of the entry door of the PES, and no other fruit fly host plants may be grown within 50 meters of the entry door of the PES.
Mitigation measures for fruit flies
Beginning 2 months prior to the start of the shipping season and continuing through the end of the harvest, the NPPO must set and maintain fruit fly traps with an APHIS-approved protein bait inside each PES at a rate of 8 traps per hectare, with a minimum of 4 traps in each PES, and check the traps every 7 days. The NPPO must maintain records of trap placement, trap maintenance, and captures of any fruit flies of concern. The NPPO must maintain trapping records for 1 year, and make the records available to APHIS upon request.
Capture of a single fruit fly of concern inside a PES will immediately result in cancellation of exports to the United States from that PES. The detection of a fruit fly of concern in a consignment at the port of entry that is traced back to a PES will also result in immediate cancellation of exports to the United States from that PES. In both cases, exports from the PES in question may not resume until APHIS and the NPPO have mutually determined the risk has been properly mitigated.
Packinghouse requirements
While in use for exporting tomatoes to the United States, the packinghouses may only accept fruit from registered production sites.
No shade trees may be grown within 10 meters of the entry door of the packinghouses, and no other fruit fly host plants may be grown within 50 meters of the entry door of the packinghouses.
Post-harvest procedures
The tomatoes must be safeguarded by an insect-proof mesh screen or plastic tarpaulin while in transit to the packinghouse and while awaiting packing.
Tomatoes must be packed within 24 hours of harvest in insect-proof cartons or containers, or covered with insect-proof mesh or a plastic tarpaulin for transport to the United States. These safeguards must remain intact until arrival in the United States or the consignment will be denied entry into the United States.
If transported by sea, the containers in which the tomatoes are packed must be kept closed if stored within 20 meters of a fruit fly host prior to being loaded on the vessel.
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