B. E. P. Q. 587 Effective March 9, 1950 
 
 UNITED STATES DEPARTMENT OF AGRICULTURE 
 
 AGRICULTURAL RESEARCH AIMINISTRATION 
 
 BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE 
 
 FOREIGN QUARANTINE NOTICES 
 
 ADMINISTRATIVE INSTRUCTIONS AUTHORIZING THE IMPORTATION FROM 
 FOREIGN COUNTRIES OF FROZEJ FRUITS AND VEGETABLES 
 
 On January 21, 1950, notice of proposed issuance of administrative instruc- 
 tions to be designated as 7 CFR 319«56-2c relating to the importation from 
 foreign countries of frozen fruits and vegetables was published in the Federal 
 Register (15 F.R. 365). After due consideration of all relevant matters pre- 
 sented, including the proposals set forth in the aforesaid notice, the Chief 
 of the Bureau of Entomology and Plant Quarantine, pursuant to the authority 
 conferred upon him by S 319.56-2 of the regulations supplemental to the Fruit 
 and Vegetable Quarantine (Notice of Quarantine No. 56, 7 CFR 319-56) under 
 section 5 of the Plant Quarantine Act of 1912 (7 U. S. C. 159), hereby issues 
 revised administrative instructions to appear as f 319.56-20 in Title 7, Code 
 of Federal Regulations, as follows: 
 
 s 319.56-20 Administrative i nstruct ions authorizing the importation from 
 foreign countries of frozen frui ts and veg eta bles' , (a)' The type of treatment 
 hereinafter designated as freezing shall be one of the coinaercially-acceptatle 
 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 quick 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, under 
 authority contained in S 319.56-2, hereby prescribes freezing es a satisfactory 
 treatment for all fruits and vegetables enterable under I 319.56. Such frozen 
 fruits and vegetables may be imported from any country under permit,—/ on com- 
 pliance with §g 319.56-1 to 319-56-7, at such ports as shall be authorized in 
 the permits. 
 
 (c) Such fruits or vegetables may not be removed from the vessel transport- 
 ing them until it has been determined by an inspector of the Bureau of Entomology 
 and Plant Quarantine that they are in a satisfactory frozen state on arrival 
 
 in this country. Upon such determination the inspector will release the ship- 
 ment. 
 
 (d) If the fruits or vegetables in any part of such an importation are 
 found to bo unfrozen at the time of inspection upon arrival, the entire ship- 
 ment shall retrain on the transporting vessel under such safeguards as may be 
 prescribed by the inspector of the Bureau of Entomology and Plant Quarantine 
 until it is frozen, transported beyond the territorial waters of the United 
 States, or otherwise disposed of to the satisfaction of the inspector. 
 
 1/ Applications for permits to import frozen frulta and vegetables under 
 this subpart may be made to Import and Permit Section, Bureau of Entomology and 
 Plant Quarantine, 209 River Street, Hoboken, N. J. 
 
« 1 1 iii i inn ii 
 
 3 1262 09314 8392 
 
 (e) The importation from foreign countries of fruits and vegetables is 
 not authorized when such fruits and vegetables are subject to attach, in the 
 area of origin, by plant pests that may not, in the Judgment of the Chief of 
 the Bureau of Entomology and Plant Quarantine, be destroyed by freezing. 
 
 (f) 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 Department of Agriculture or to any officer 
 or representative of that Department in the event of injury resulting to fruits 
 or vegetables offered for entry in accordance with these instructions. 
 
 The foregoing instructions supersede the administrative instructions in 
 B. E. P. Q. No. 1*62, effective September 15, 1937 (7 CFR 3j-9-56-2c) insofar 
 as they relate to the importation ,of frozen -pack fruits. The 1937 instruc- 
 tions are otherwise superseded by administrative instructions in 7 CFR 301.13-^a 
 and 301.58-30. 
 
 This section shall be effective on and after March 9, 1950. 
 
 (Sec. 5, 37 Stat. 316, 7 U. S. C. 159; 7 CFR 319-56-2) 
 
 The purpose of these revised administrative instructions is to authorize 
 the importation from foreign countries under permit 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 previously available, these instructions remove restrictions previ- 
 ously imposed. Accordingly, they are within the exception in section k (a) of 
 the Administrative Procedure Act (5 U. S. C. 1003 (c)) and may properly be 
 made effective less than 30 days after their publication in the Federal Register, 
 
 Done at Washington, D. C, this 24th day of February, 1950. 
 
 Acting Chief, Bureau or Entomology and/plant Quarantine