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USDA/APHIS Regulated Garbage
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health
Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) office
enforces Federal regulations that quarantine the U.S. Virgin Islands (as
well as Puerto Rico and other insular U.S. possessions) and control
movement from the islands into the United States of certain ship board
waste specifically defined as ‘regulated garbage’ under two
applicable Codes of Federal Regulations (CFR):
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7 CFR 330.400 ‘Federal Plant Pest Regulations’, which were
established under the authority of the Plant Protection Act (PPA), which
became law as part of the Agricultural Risk Protection Act of 2000.
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9 CFR 94.5 ‘Animal and Animal Products’ regulations, which
were established under the authority of the Animal Health Protection Act
(AHPA) consolidating all animal quarantine and related laws, which became
law as part of the Farm Security and Rural Investment Act of 2002 (better
known as the ‘2002 Farm Bill’).
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Which Garbage is Regulated?
According to these Federal codes, ‘garbage’ refers to “all waste
material derived in whole or in part from fruits, vegetables, meats, or other
plant or animal (including poultry) material, and other refuse of any character
whatsoever that has been associated with any such material on board any means of
conveyance, and including food scraps, table refuse, galley refuse, food wrappers
or packaging materials, and other waste material from stores, food preparation
areas, passenger or crew quarters, dining rooms, or any other areas on
means of conveyance.” Please note that garbage that is commingled with
regulated garbage is also considered as regulated garbage.
Which Vessels Must Comply
To prevent the dissemination into or within the United States of plant pests
and livestock or poultry diseases, garbage aboard a vessel is considered
‘regulated garbage’ if the:
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Vessel has been in any port outside the United States (and Canada) within the
previous two-year period. The only exception is for vessels accompanied by a
certificate of inspection, as detailed in the applicable CFR.
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Vessel has moved during the previous one-year period, either directly or indirectly,
to the continental United States from any territory or possession (or from Hawaii);
to any territory or possession from any other territory or possession (or from
Hawaii); or to Hawaii from any territory or possession. The only exception is for
vessels accompanied by a certificate of inspection, as detailed in the applicable
CFR.
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All regulated garbage must be contained in tight, leak-proof covered receptacles
during storage on board while in U.S. territorial waters; and all receptacles shall
be contained inside the guardrail while on a watercraft. Regulated garbage shall
not be unloaded in the U.S. unless it is removed in approved tight, leak-proof
receptacles, under the direction of an APHIS inspector, to an approved facility
for incineration, sterilization, or grinding into an approved sewage system,
under supervision by such an inspector.
NOTE: APHIS inspectors may also coordinate their activities with representatives
of the Environmental Protection Agency (EPA) and other Federal, State and local
agencies also having jurisdiction over regulated garbage.
Penalties for PPA and/or AHPA Noncompliance
Any person who knowingly violates the Plant Protection Act (PPA) (7 U.S.C. 7701
et seq.) and/or the Animal Health Protection Act (AHPA) (7 U.S.C. 8301 et seq.)
may be criminally prosecuted and found guilty of a misdemeanor which can result
in penalties, a one year prison term, or both. Additionally, any person violating
the PPA and/or AHPA may be assessed civil penalties of up to $250,000 per violation,
or twice the gross gain or loss for any violation that results in the person
deriving pecuniary gain or causing pecuniary loss to another, whichever is
greater.
The marina maintains its certification by strict compliance with all handling,
storage, personnel training, and disinfecting procedures mandated by the applicable
Codes of Federal Regulation (CFR), including operation of a disposal facility with
an incinerator certified to reduce regulated garbage to ash.
Still Have Questions?
The most recent revisions of Codes of Federal Regulations (CFR) pertaining to
garbage regulated by the USDA’s Animal and Plant Health Inspection Service
(APHIS) may be downloaded from the Government Printing Office via GPO Access at
www.gpoaccess.gov/cfr/. Identification codes cited are 7CFR330.400
and 9CFR94.5.
For additional information regarding U.S. Virgin Islands’ quarantine of
regulated garbage, contact the U.S. Department of Agriculture’s Animal
and Plant Health Inspection Service (APHIS) web site for PPQ Port information at
www.aphis.usda.gov/plant_health/,
or contact the St. Thomas-based USDA/APHIS/ Plant Protection and Quarantine (PPQ)
office, AQI Port Director at (340) 776-2787.
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