N.J. Admin. Code § 2:20-7.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 2:20-7.3 - Department review of postentry quarantine agreement

(a) Upon the Department's receipt from APHIS of a postentry quarantine agreement, the Department shall review the agreement to determine whether the Department will provide inspection and monitoring services in accordance with the terms of the postentry quarantine agreement.

(b) The Department's determination shall be based on the availability of Departmental resources to undertake the provision of inspection and monitoring services in accordance with the terms of the postentry quarantine agreement, taking into consideration the availability of technically trained State inspectors, and the numbers of sites and plants already growing in postentry quarantine as to which the Department has undertaken to provide inspection and monitoring services. The Department's determination also shall be based on whether the terms of the proposed postentry quarantine, as articulated in the postentry quarantine agreement, are conducive to an effective and efficient quarantine for the inspection of monitoring of plants and the identification and elimination of exotic plant pests, taking into consideration the type and number of plants in relation to the size and physical characteristics of the site.

(c) If the Department determines that the terms of the postentry quarantine agreement on their face are beyond the available resources of the Department, the Department shall report to APHIS as soon as practicable that the Department declines to undertake the postentry quarantine agreement.

(d) Unless the Department has declined to undertake the postentry quarantine agreement in accordance with (c) above, then one or more inspectors shall meet with the person who is a party to the postentry quarantine agreement and shall inspect sites indicated in the postentry quarantine agreement.

(e) After it has conducted the site inspection described in (d) above, the Department shall report to APHIS:

1. Whether the site is of adequate size to contain the number of plants proposed for postentry quarantine, taking into account potential increase in number to the extent authorized under 7 C.F.R. § 319.37-7, as amended and supplemented, incorporated herein by reference;

2. Its recommendations for appropriate revisions to the postentry quarantine permit toward ensuring an effective and efficient quarantine for the inspection and monitoring of plants and the identification and elimination of exotic plant pests, taking into consideration the type and number of plants in relation to the size and physical characteristics of the site; and

3. Whether the Department declines or accepts to undertake the postentry quarantine pursuant to the terms of the postentry quarantine agreement, based upon its consideration of the factors described in (b) above. The Department may condition its acceptance on APHIS' revision of the terms of the postentry quarantine agreement in accordance with the Department's recommendations issued pursuant to (e)2 above.

N.J. Admin. Code § 2:20-7.3