# 7 CFR § 319.7-3: Denial of permits

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7-3

## Section

- **Citation:** 7 CFR § 319.7-3
- **Heading:** Denial of permits
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** 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

## Text

(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.
(b) APHIS may deny an application for a permit to import a regulated article:
(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:
(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;
(ii) APHIS determines that issuing the permit would circumvent any order revoking or denying a permit under the Plant Protection Act;
(iii) APHIS determines that the applicant has previously failed to comply with any APHIS regulation;
(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;
(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;
(vi) APHIS determines that the applicant has made false or fraudulent statements or provided false or fraudulent records to APHIS; or
(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.
(2) If the application for a permit contains information that is found to be materially false, fraudulent, deceptive, or misrepresentative;
(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;
(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;
(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
(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.

## Nearby sections

- [7 CFR § 319.1 § 319.1 Preemption of State and local laws.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.1.md)
- [7 CFR § 319.5 § 319.5 Requirements for submitting requests to change the regulations in 7 CFR part 319.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.5.md)
- [7 CFR § 319.6 § 319.6 Controlled import permits.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.6.md)
- [7 CFR § 319.7 § 319.7 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7.md)
- [7 CFR § 319.7-1 § 319.7-1 Applying for a permit.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7-1.md)
- [7 CFR § 319.7-2 § 319.7-2 Issuance of permits and labels.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7-2.md)
- [7 CFR § 319.7-3 § 319.7-3 Denial of permits.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7-3.md)
- [7 CFR § 319.7-4 § 319.7-4 Withdrawal, cancellation, and revocation of permits.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7-4.md)
- [7 CFR § 319.7-5 § 319.7-5 Appeal of denial or revocation.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7-5.md)
- [7 CFR § 319.15 § 319.15 Notice of quarantine.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.15.md)
- [7 CFR § 319.15a § 319.15a Administrative instructions and interpretation relating to entry into Guam of bagasse and related sugarcane products.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.15a.md)
- [7 CFR § 319.37-1 § 319.37-1 Notice of quarantine.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.37-1.md)
- [7 CFR § 319.37-2 § 319.37-2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.37-2.md)
- [7 CFR § 319.37-3 § 319.37-3 General restrictions on the importation of plants for planting.](https://www.frixlaw.com/law-library/statutes/ecfr-7-319.37-3.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-7-319.7-3. Check the current official text before relying on it. Not legal advice.
