B. E. P. Q. 585 Effective March 9, 1950 
 
 UNITED STATES DEPAi?rMEriT OF AGRICUIITUIiE 
 
 AGRICULTUmL EEoEAHCH ADIUNISTMTION 
 BUREAU OF EIvTOMOLOGY AND PLANT QWJ^ATJTIME . 
 DOMESTIC QUARANTINE NOTICES 
 
 ADMI^IISTRATIVE INSTRUCTIONS AUTHORIZING THE MO\rEMENT FROM 
 HAWAII OF FROZEN FRUITS AICD VEGETABLES 
 
 On January 21, 1950, notice of proposed issuance of administrative Instruc- 
 tions to be designated as 7 CFR 301.i3-^a relating to the movement from Hawaii 
 of frozen fruits and vegetables was published in the Federal Register (15 F. R, 
 365). After due consideration of all relevant matters presented, including the 
 proposals set forth in the aforesaid notice, the Chief of the Bureau of 
 Entomology and Plant Quarantine, oursuant to the authority conferred upon him 
 "by ii 301.13-2(b) and 301.13-4 (b) of the regulations supplemental to the 
 ^waiian Fruit and Vegetable Quarantine (Notice of Quarantine No. 13, 7 CFR 
 301.13) under section 8 of the Plant Quarantine Act of 1912, as amended 
 (7 U. S. C. 161), hereby issues revised administrative instructions to appear 
 as i 301.13-^ in Title 7, Code of Federal Regulations, as follows: 
 
 3 301. 13 -^a Administrative instructions authorizing t he movement from 
 Hawai i of frozen fruTEs an d veg etables" (a) The "cype of treatment hereinafter 
 designated as freezing shall" be one of the c omme re ially -ace e::^ table methods that 
 involves initial freezing at subzero temperatures and subsequent storage at 
 not higher than 0° F. , with a storage tolerance of plus 20° F. Such treatments 
 are commonly known as quicic freezing, sharp freezing, frozen -pack, or cold- 
 pack. Any equivalent freezing method is also included in this designation. 
 
 (b) The Chief of the Bureau of Entomology and Plant Quarantine, pursuant 
 to the authority contained in 11 301.13-2 (b) and 30I.I3-U (b), hereby ap- 
 proves the process. of freezing as a treatment for all fruits and vegetables 
 described in | 301. I3, except as otherwise provided in paragraph (d) of this 
 section. Such frozen fruits and vegetables may be certified for movement from 
 Hawaii into or through any other Territory, State, or District of the United 
 States.!/ 
 
 (c) The inspector in Hawaii shall determine that such fruits and vegetables 
 are in a satisfactory frozen state before issuing a certificate. The inspec- 
 tor on the mainland will roleaee the shipment on tho basis of the certificate 
 issued in Hawaii, 
 
 (d) The movoraont from Hawaii of frozen fruits and vegetables is not author- 
 ized when such fruits and vcg.jtatles are subject to attack, in the area of 
 origin, by plant pests that m:y not, in the judgment of the Chief of the Bureau 
 of Entomology and Plant Quarantine, be destroyed by fruezing. 
 
 1/ Applications for cert -f icates to novo frozen fruits and vegetables from 
 Hawaii under this subpart may bo made to Bureau of Entomology and Plant 
 Quarantine, Room 2l+8, Federal Building. Honolulu 9, T. H. 
 
3 1262 09314 8277 
 
 (e) Freezing of fruits and vegetables as authorized in these instructions 
 is considered necessary for the elimination of pest risk, and no liability 
 shall attach to the United States Dopartinent of Agriculture or to any officer 
 or representative of that Department in the event of injury resulting to 
 fruits or vegetables offered for movement in accordance with these instructions. 
 
 The foregoing instructions supersede the administrative instructions in 
 B. E. P. Q. No. h62, effective September 15, 1937 (7 CFR 319.56-2c) insofar 
 as thoy relate to the movement from Hawaii of frozen-pack fruits. 
 
 This section shall be effective on and after March 9, 1950. 
 
 (Sec. 8, 37 Stat. 3l8, as amended, 7 U. S. C. l6l; 7 CFR 301.13-'+ (b)) 
 
 The purpose of these revised administrative instructions is to authorize 
 the movement from Hawaii under certificate of fruits and vegetables frozen by 
 one of the commercially -acceptable methods known as quick freezing, sharp 
 freezing, frozen pack, or cold-pack. By providing treatments alternative to 
 those i-'reviously available, these instructions remove restrictions previously 
 imposed. Accordingly, thoy are within the exception in section k (c) of the 
 Admiaistrative procedure Act (5 U. S, C. 1003 (c)) and may properly be made ef- 
 fective less than 30 days after their publication in the Federal Register. 
 
 Done at Washington, D. C, this 24th day of February I950 
 
 Acting Chief, Bureau of ^Entomology and^ Plant Quarantine