{"data":{"id":"us/7-cfr-319.7-3","jurisdiction":"us","citation":"7 CFR 319.7-3","heading":"-3 Denial of permits.","body":"(a) APHIS may deny an application for a permit to import a regulated article into the United States. A denial, including the reason for the denial, will be provided in writing, including by electronic methods, to the applicant as promptly as circumstances permit. The denial of a permit may be appealed in accordance with § 319.7-5.\n(b) APHIS may deny an application for a permit to import a regulated article:\n(1) If APHIS determines that the applicant is not likely to abide by permit conditions. Factors that may lead to such a determination include, but are not limited to, the following:\n(i) The applicant, or a partnership, firm, corporation, or other legal entity in which the applicant has a substantial interest, financial or otherwise, has not complied with any permit that was previously issued by APHIS;\n(ii) APHIS determines that issuing the permit would circumvent any order revoking or denying a permit under the Plant Protection Act;\n(iii) APHIS determines that the applicant has previously failed to comply with any APHIS regulation;\n(iv) APHIS determines that the applicant has previously failed to comply with any Federal, State, or local law, regulation, or instruction concerning the importation of prohibited or restricted foreign agricultural products;\n(v) APHIS determines that the applicant has failed to comply with the laws or regulations of a national plant protection organization or equivalent body, as these pertain to plant health;\n(vi) APHIS determines that the applicant has made false or fraudulent statements or provided false or fraudulent records to APHIS; or\n(vii) The applicant has been convicted or has pled nolo contendere to any crime involving fraud, bribery, extortion, or any other crime involving a lack of integrity.\n(2) If the application for a permit contains information that is found to be materially false, fraudulent, deceptive, or misrepresentative;\n(3) If APHIS concludes that the actions proposed under the permit would present an unacceptable risk to plants and plant products because of the potential for introduction or dissemination of a plant pest or noxious weed within the United States;\n(4) If the importation is adverse to the conduct of an eradication, suppression, control, or phytosanitary program of APHIS or a program recognized by APHIS;\n(5) If the importation is not in compliance with any applicable import regulations or any administrative instructions or measures, including, but not limited to, all the requirements of this part; or\n(6) If a State executive official, or a State plant protection official authorized to do so, objects to the movement in writing and provides specific, detailed information that there is a risk the movement will result in the dissemination of a plant pest or noxious weed into the State, and APHIS determines that such plant pest risk cannot be adequately addressed or mitigated.","path":["Title 7—Agriculture","Subtitle B—Regulations of the Department of Agriculture","CHAPTER III—ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE","PART 319—FOREIGN QUARANTINE NOTICES","Subpart D—Permits: Allocation, Issuance, Denial, and Revocation"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-7.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:01Z","sha256":"088ec7a976dde06258891734538cec4be98d686f218c6cb45f9788778c023599","source_id":"us-cfr","stale":true,"prev":"us/7-cfr-319.7-2","next":"us/7-cfr-319.7-4"},"notice":"GroundRules: Original legal text. Not legal advice."}