Standards

3.4.3.1

Fumigation in transit should only be carried out at the discretion of the master. This should be clearly understood by owners, charterers, and all other parties involved when considering the transport of cargoes that may be infested. Due consideration should be taken of this when assessing the options of fumigation. The master should be aware of the regulations of the flag State Administration with regard to in-transit fumigation. The application of the process should be with the agreement of the port State Administration.

The process may be considered under two headings:
1. fumigation in which treatment is intentionally continued in a sealed space during a voyage and in which no aeration has taken place before sailing;
and
2. in-port cargo fumigation where some aeration is carried out before sailing, but where a clearance certificate for the cargo space(s) cannot be issued because of residual gas and the cargo space(s) has been re-sealed before sailing.

3.4.3.2

Before a decision on sailing with a fumigated cargo is made it should be taken into account that, due to operational conditions, the circumstances outlined in 3.4.3.1.2 may arise unintentionally, e.g. a ship may be required to sail at a time earlier than anticipated when the fumigation was started. In such circumstances the potential hazards may be as great as with a planned in-transit fumigation and all the precautions in the following paragraphs should be observed.

3.4.3.3

Before a decision is made as to whether a fumigation treatment planned to be commenced in port and continued at sea should be carried out, special precautions are necessary.

These include the following:
1. at least two members of the crew (including one officer) who have received appropriate training (see 3.4.3.6 Should be designated as the trained representatives of the master responsible for ensuring that safe conditions in accommodation, engine-room and other working spaces are maintained after the fumigator-in-charge has handed over that responsibility to the master (see 3.4.3.12);
and
2. the trained representatives of the master should brief the crew before a fumigation takes place and satisfy the fumigator-in-charge that this has been done.

3.4.3.4

Empty cargo spaces, are to be inspected and/or tested for leakage with instruments so that proper sealing can be done before or after loading. The fumigator-in-charge, accompanied by a trained representative of the master or a competent person, should determine whether the cargo spaces to be treated are or can be made sufficiently gastight to prevent leakage of the fumigant to the accommodation, engine-rooms and other working spaces in the ship.

Special attention should be paid to potential problem areas such as bilge and cargo line systems. On completion of such inspection and/or test, the fumigator-in-charge should supply to the master for his retention a signed statement that the inspection and/or test has been performed, what provisions have been made and that the cargo spaces are or can be made satisfactory for fumigation.

Whenever a cargo space is found not to be sufficiently gastight, the fumigator-in-charge should issue a signed statement to the master and the other parties involved.

3.4.3.5

Accommodation, engine-rooms, areas designated for use in navigation of the ship, frequently visited working areas and stores, such as the forecastle head spaces, adjacent to cargo spaces being subject to fumigation in transit should be treated in accordance with the provisions of 3.4.3.13.
Special attention should be paid to gas concentration safety checks in problem areas referred to in 3.4.3.4.

3.4 3.6

The trained representatives of the master designated in 3.4.3.3 should be provided and be familiar with:

1. the information in the relevant Material Safety Data Sheet, if available;
and
2. the instructions on the fumigant label or package itself, such as the recommendations of the fumigant manufacturer concerning methods of detection of the fumigant in air, its behaviour and hazardous properties, symptoms of poisoning, relevant first aid and special medical treatment and emergency procedures.

3.4.3.7

The ship should carry:
1. gas-detection equipment and adequate fresh supplies of service items for the fumigant(s) concerned as required by 3.4.3.12, together with instructions for its use and the TLVs for safe working conditions;
2. instructions on disposal of residual fumigant material;
3. at least four sets of adequate respiratory protective equipment appropriate for the fumigant used;
4. the necessary medicines and medical equipment;
and
5. a copy of the latest version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG). Particular attention is drawn to table 550.

3.4.3.8

The fumigator-in-charge should notify the master in writing of the spaces containing the cargo to be fumigated and also of any other spaces that are considered unsafe to enter during the fumigation. During the application of the fumigant the fumigator-in-charge should ensure that the surrounding areas are checked for safety.

3.4.3.9

If cargo spaces containing cargo are to be fumigated in transit:

1. After application of the fumigant, an initial check should be made by the fumigator-in-charge together with trained representatives of the master for any leak which, if detected, should be effectively sealed. When the master is satisfied that all precautions detailed in 3.4.3.1 to 3.4.3.12 have been fulfilled (refer to model checklist in annex 5) then the vessel may sail. Otherwise, provisions outlined in 3.4.3.9.2 or 3.4.3.9.3 are to be followed.


if the provisions of 3.4.3.9.1 are not satisfied, either:


2. After application of fumigants, the ship should be delayed in port alongside at a suitable berth or at anchorage for such a period as to allow the gas in the fumigated cargo spaces to reach sufficiently high concentrations to detect any possible leakage.

Special attention should be paid to those cases where fumigants in a solid or liquid form have been applied which may require a long period (normally from 4 to 7 days unless a recirculation or similar distribution system is used) to reach such a high concentration that leakages can be detected.

If leakages are detected, the ship should not sail until source(s) of such leakages are determined and eliminated. After ascertaining that the ship is in a safe condition to sail, i.e. no gas leakages are present, the fumigator-in-charge should furnish the master with a written statement that:


2.1. the gas in the cargo space(s) has reached sufficiently high concentration to detect any possible leakages;
2.2. spaces adjacent to the treated cargo space(s) have been checked and found gas-free;
and
2.3. the ship's representative is fully conversant with the use of the detection equipment provided.

or:

3. After application of the fumigants and immediately after the sailing of the ship, the fumigator-in-charge should remain on board for such period as to allow the gas in the fumigated cargo space or spaces reach sufficiently high concentrations to detect any possible leakage, or until the fumigated cargo is discharged (see 3.4.3.20), whichever the shorter, to check and rectify any gas leakages.

Prior to his leaving the ship, he should ascertain that the ship is in a safe condition, i.e no gas leakages are present, and he should furnish the master with written statement to the effect that the provisions of 3.4.3.9, 3.4.3.9.2.2 and 3.4.3.9.2.3 have been carried out.

3.4.3.10

On application of the fumigant, the fumigator-in-charge should post warning signs at all entrances to places notified to the master as in 3.4.3.8. These warning signs should indicate the identity of the fumigant and the date and time of fumigation.

3.4.3.11

At an appropriate time after application of the fumigant, the fumigator-in-charge, accompanied by a representative of the master, should check that accommodation, engine-rooms and other working spaces remain free of harmful concentrations of gas.

3.4.3.12

Upon discharging his agreed responsibilities, the fumigator-in-charge should formally hand over to the master in writing responsibility for maintaining safe conditions in all occupied spaces. The fumigator-in-charge should ensure that gas-detection and respiratory protection equipment carried on the ship is in good order, and that adequate fresh supplies of consumable items are available to allow sampling as required in 3.4.3.13.

3.4.3.13

Gas concentration safety checks at all appropriate locations, which should at least include the spaces indicated in 3.4.3.5, should be continued throughout the voyage at least at eight-hour intervals or more frequently if so advised by the fumigator-in-charge. These readings should be recorded in the ship's log-book.

3.4.3.14

Except in extreme emergency, cargo spaces sealed for fumigation in transit should never be opened at sea or entered. If entry is imperative, at least two persons should enter, wearing adequate protection equipment and a safety harness and lifeline tended by a person outside the space, similarly equipped with protective, self-contained breathing apparatus.

3.4.3.15

If it is essential to ventilate a cargo space or spaces, every effort should be made to prevent a fumigant from accumulating in accommodation or working areas. Those spaces should be carefully checked to that effect. If the gas concentration in those areas at any time exceeds the TLV they should be evacuated and the cargo space or cargo spaces should be re-sealed. If a cargo space is re-sealed after ventilation it should not be assumed that it is completely clear of gas and tests should be made and appropriate precautions taken before entering.

3.4.3.16

Prior to the arrival of the ship, generally not less than 24 hours in advance, the master should inform the appropriate authorities of the country of destination and ports of call that fumigation in transit is being carried out. The information should include the type of fumigant used, the date of fumigation, the cargo spaces which have been fumigated, and whether ventilation has commenced. Upon arrival at the port of discharge, the master should also provide information as required in 3.4.3.6.2 and 3.4.3.7.2.

3.4.3.17

On arrival at the port of discharge the requirements of receiving countries regarding handling of fumigated cargoes should be established. Before entry of fumigated cargo spaces, trained personnel from a fumigation company or other authorized persons, wearing respiratory protection, should carry out careful monitoring of the spaces to ensure the safety of personnel. The monitored values should be recorded in the ship's log-book. In case of need or emergency the master may commence ventilation of the fumigated cargo spaces under the conditions of 3.4.3.15, having due regard for the safety of personnel on board. If this operation is to be done at sea, the master should evaluate weather and sea conditions before proceeding.

3.4.3.18

Only mechanical unloading that does not necessitate entry of personnel into the cargo spaces of such fumigated cargoes should be undertaken. However, when the presence of personnel in cargo spaces is necessary for the handling and operation of unloading equipment, continuous monitoring of the fumigated spaces should be carried out to ensure the safety of the personnel involved. When necessary, these personnel should be equipped with adequate respiratory protection.

3.4.3.19

During the final stages of discharge, when it becomes necessary for personnel to enter the cargo spaces, such entry should only be permitted subsequent to verification that such cargo spaces are gas-free.

3.4.3.20

Upon completion of discharge and when the ship is found free of fumigants and certified as such, all warning signs should be removed. Any action in this respect should be recorded in the ship's log-book.

3.5.1.1

If it is intended that freight containers, barges or cargo transport units containing cargo under fumigation should be taken on board ship without preliminary ventilation, their shipment must be considered as a Class 9 Hazard under the IMDG Code and as such the procedures should conform to the requirements as specified in the schedule for CARGO TRANSPORT UNIT UNDER FUMIGATION of the Code (see annex 4). The following special precautions, incorporating the IMDG requirements, are necessary:

1. A freight container, barge or cargo transport unit containing car under fumigation should not be allowed on board until sufficient time has elapsed to allow the attainment of a reasonably uniform gas concentration throughout the cargo.

Because of variations due to types and amounts of fumigants and commodities and temperature levels, it is recommended that the period to elapse between fumigant application and loading should be determined locally for each country.
Twenty-four hours is normally adequate for this purpose.

2. The master should be informed prior to loading of freight containers, barges and cargo transport units under fumigation. These should be identified with suitable warning signs incorporating the identity of the fumigant and the date and time of fumigation. Any freight container under fumigation must have the doors substantially secured before loading onto a ship.

Plastic or lightweight metal seals are not sufficient for this purpose. The securing arrangement must be such as to allow only authorized entry to the freight container. If container doors are to be locked, the means of locking should be of such a construction that in case of emergency, the doors could be opened without delay. Adequate instructions for disposal of any residual fumigant material should be provided.

3. Shipping documents for freight containers, barges or cargo transport units concerned should show the date of fumigation and the type and amount of fumigant used.

4. Stowage on deck should be at least 6 m away from vent intakes, crew quarters and regularly occupied spaces.

5. Stowage under deck should only be undertaken when unavoidable and then in a cargo space equipped with mechanical ventilation sufficient to prevent the build-up of fumigant concentrations above the TLV. The ventilation rate of the mechanical ventilation system should be at least two air changes per hour, based on the empty cargo space. The provisions of 3.4.3.13 should apply.

6.Equipment suitable for detecting the fumigant gas or gases used should be carried on the ship, with instructions for its use.

7. Where the stowage requirements in 3.5.1.1.5 cannot be met, cargo spaces carrying fumigated freight containers, barges or cargo transport units should be treated as if under fumigation and the provisions of 3.4.3.3 to 3.4.3.13 should apply.

3.5.1.2

Prior to the arrival of the ship, generally not less than 24 hours advance, the master should inform the appropriate authorities of the country destination and ports of call that fumigation in transit is being carried out. The information should include the type of fumigant used, the date of fumigation and cargo spaces carrying fumigated freight containers, barges or cargo transport units. Upon arrival at the port of discharge, the master should also provide information as required in 3.4.3.6.2 and 3.4.3.7.2.

3.5.2

Fumigated freight containers, barges or other cargo transport units ventilated before loading.

3.5.2.1

Freight containers, barges or cargo transport units that have been ventilated after fumigation to ensure that no harmful concentration of gas remains should have the warning signs removed and, whether empty or load may be taken on board a ship without the precautions in 3.5.1.1.1 to 3.5.1.1

3.5.3 Fumigation after loading on board a ship

3.5.3.1

No person should fumigate the contents of a freight container, barge or cargo transport unit once it has been loaded on board a ship.

Interpretation

200

The following definitions apply in this Part. aerate means to reduce or attempt to reduce the concentration of a fumigant.

alongside means alongside a wharf or quay.

clearance certificate means a certificate issued by a fumigator- in-charge or a marine chemist that certifies that a vessel or space is gas-free.

competent person means a person who has the knowledge and experience to safely and adequately perform the duties required by this Part of a fumigator-in-charge, including at least 150 hours of experience on board vessels under the supervision of a marine chemist or fumigatorin- charge in the use and operation of equipment that detects the presence of gas in the atmosphere.

fumigant means a pesticide that acts in a gaseous state to fumigate.

fumigation in transit means the fumigation on a vessel of bulk cargo, or of a space that contains bulk cargo, while
(a) the vessel is en route between two ports; or
(b) the vessel is in a Canadian port if it is the intention of the master to continue the fumigation after the vessel leaves the port.

fumigator-in-charge means a competent person responsible for carrying out a fumigation.

gas-free, in respect of a space or a vessel, means that the presence of a fumigant cannot be detected in the space or the vessel by a fumigator-in-charge or another competent person using detection methods and equipment that are appropriate to the fumigant.

marine chemist means a qualified person who

(a) is a graduate of a post-secondary educational institution and has
(i) successfully completed courses in chemical engineering,
(ii) successfully completed a general course with a major in chemistry, or
(iii) obtained a fellowship in the Chemical Institute of Canada; and

(b) has at least three years’ experience in chemical or engineering work after meeting the requirements of paragraph (a), of which at least 150 working hours were spent in ship-board work involving the testing of tank vessels and other vessels in the application of gas hazard control standards under the supervision of a person with at least 500 hours’ experience in that work.

Seaway has the same meaning as in subsection 2(1) of the Canada Marine Act.

space means an enclosed space on a vessel.

TLV, in respect of a fumigant, means the highest allowable concentration of the fumigant in a space to which a person may be exposed under this Part.

Application

201

This Part does not apply in respect of a cargo transport unit carried on a short-run ferry if
(a) the unit is stowed at either end of the ferry and is separated from all other cargo transport units and all vehicles by a distance of at least 1 m;

(b) smoking and the use of naked lights or spark-producing equipment are prohibited in the vicinity of the unit;

(c) any parking brakes that are fitted on the unit are securely set; and

(d) no person other than the operator of the unit is permitted by the ferry’s master to approach within 1 m of the unit.

Application

202

This Division applies in respect of fumigation and aeration
(a) on a Canadian vessel; and
(b) on a foreign vessel that is in Canadian waters if
(i) the fumigation begins in Canadian waters, or
(ii) any cargo destined for a Canadian port is fumigated in transit.

Use of Fumigants

203

(1) No person shall use a fumigant other than one set out in column 1 of Schedule 1 to fumigate on a vessel.

(2) If, at any time other than during a fumigation of a space, a person has reasonable grounds to believe that the concentration of a fumigant set out in column 1 of Schedule 2 in the space exceeds the TLV for the fumigant set out in column 2 or 3, the person shall immediately
(a) warn every person whom they know to be in the space that it should be evacuated; and
(b) notify the vessel’s master of the excessive concentration.

(3) After being notified of the excessive concentration, the master shall advise all persons on board the vessel of the excessive concentration.

(4) Every person in the space shall evacuate it after being advised of the excessive concentration.

(5) No person who has been advised of the excessive concentration shall enter the space unless that person wears a self-contained breathing apparatus required by paragraph 210(3)(d).

(6) The master shall ensure that the space is aerated by crew members with experience using the equipment to be used in the aeration or by persons assisting the fumigator- in-charge.

(7) Subsections (3) to (6) cease to apply when a competent person determines that the concentration of the fumigant does not exceed the applicable TLV.

Fumigating When a Vessel Is Not Alongside

204

(1) No person shall fumigate on a Canadian vessel that is not alongside.

(2) No person shall fumigate a space on a foreign vessel that is not alongside unless the space contains bulk cargo.

Fumigating the Contents of Barges or Cargo Transport Units

205

No person shall begin to fumigate the contents of a barge or cargo transport unit that is on board a vessel.

Notification and Conduct of Fumigation

206

(1) Before beginning to fumigate on a vessel in a Canadian port, the fumigator-in-charge shall ensure that notice of the intention to fumigate is given in writing to the Department of Transport Marine Safety Office nearest to the vessel.

(2) Before a vessel on which fumigation in transit has begun arrives at a Canadian port or the Seaway, the vessel’s master shall give notice to the Department of Transport Marine Safety Office nearest to the port or entry point to the Seaway that fumigation in transit on the vessel has begun.

(3) If feasible, the notice shall be given
(a) in the case of a vessel referred to in subsection (1), at least 24 hours before fumigation begins; and
(b) in the case of a vessel referred to in subsection (2), at least 24 hours before its arrival at the port or in the Seaway.

(4) The notice shall specify
(a) in the case of a vessel referred to in subsection (1), the name of the port where the fumigation will be carried out and, if applicable, the number of the berth within the port;
(b) in the case of a vessel referred to in subsection (2), the name of the port or the entry point to the Seaway; and
(c) in the case of a vessel referred to in subsection (1) or (2), the name of the fumigant and method of application involved and whether the fumigation
(i) is or will be of the cargo, cargo spaces or accommodation spaces on board the vessel,
(ii) will be completed before the vessel leaves the port or the Seaway, as the case may be,
(iii) is or will be a fumigation in transit, and
(iv) is or will be of cargo on board a vessel that will be unloaded at a Canadian port.

(5) If the fumigant to be used in a fumigation referred to in subsection (1) is, or during the fumigation is likely to become, a flammable gas, the vessel’s master shall, before fumigation begins,
(a) remove all flammable materials, including refuse and oily waste, from any space that is to be fumigated; and
(b) disconnect all electrical circuits that lead to any space that is to be fumigated.

Fumigator-in-Charge

207

(1) Subject to subsection (2), the master of a vessel shall ensure that every fumigation and every aeration are carried out under the direction of a fumigator-in-charge.

(2) A fumigator-in-charge is not required to be present in respect of
(a) a fumigation in transit that began in a Canadian port if the tests required by sections 219 and 220 are conducted and the requirements of section 221 are met;
(b) a fumigation in transit that began outside Canadian waters during the period beginning when the vessel enters Canadian waters and ending when it enters a Canadian port to unload cargo; or
(c) a fumigation of a cargo transport unit on board a vessel that began before the unit was loaded onto the vessel.

Report of Danger

208

If persons on board a vessel are in serious and imminent danger as a result of a fumigation on the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the Department of Transport Marine Safety Office nearest to the vessel by the quickest means available.

Application

209

This Division applies in respect of the fumigation and aeration of cargo, a cargo space or an accommodation space on a vessel while it is alongside.

210

(1) The fumigator-in-charge shall not begin fumigating or permit it to begin unless

(a) all persons who are on board the vessel and are not engaged in the fumigation or in the care of the vessel have disembarked;

(b) the fumigator-in-charge has on display near the gangways and near the entrances that lead to a space that is to be fumigated a sign that
(i) corresponds to the sign set out in Schedule 3 and bears the name of the fumigant being used, the date and hour when the fumigation began and the signature of the fumigator-in-charge or the vessel’s master, and
(ii) is rectangular in shape, at least 250 mm wide and at least 200 mm high with the word “DANGER” in letters at least 25 mm high; and

(c) he or she has posted a person to keep watch at each place where the vessel can be boarded while it is alongside.

(2) Subject to subsection 212(3), the persons referred to in paragraph (1)(a) shall not board the vessel until a clearance certificate has been issued in respect of the vessel.

(3) During fumigation,
(a) the person keeping watch shall not allow anyone who is not engaged in the fumigation or care of the vessel to board it;

(b) the fumigator-in-charge shall take all feasible measures to prevent the leakage of the fumigant from a space that is being fumigated;

(c) the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-incharge determines are necessary to ascertain whether a fumigant is leaking from a space that is being fumigated;

(d) each person on board the vessel shall have available for immediate use a self-contained breathing apparatus that can protect them against the fumigant;
and

(e) subject to subsection (8), no person shall enter a space that is being fumigated.

(4) No person shall remove a sign referred to in paragraph (1)(b) until a clearance certificate has been issuedin respect of the vessel or until aeration has been completed.

(5) When a clearance certificate has been issued in respect of the vessel, the vessel’s master shall ensure that any signs warning of the fumigation are removed.

(6) If the fumigant leaks from a space that is being fumigated,

(a) every person who is taking part in the fumigation shall, under the direction of the fumigator-in-charge, take all feasible measures to stop the leakage; and

(b) the fumigator-in-charge shall immediately notify the master of the leakage.

(7) If the leakage referred to in subsection (6) is stopped, the fumigator-in-charge shall notify the master of the stoppage. However, if the fumigator-in-charge determines that the leakage cannot be stopped, he or she shall direct the persons taking part in the fumigation to cease the fumigation and to aerate the space.

(8) If the fumigator-in-charge determines that entry into a space that is being fumigated is necessary, the fumigator-in-charge and one or more other persons experienced and knowledgeable in the use of the self-containedbreathing apparatus required by paragraph (3)(d) may enter the space if they wear

(a) the apparatus; and

(b) a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing the apparatus.

Fumigation of Cargo

211

(1) Despite paragraph 210(1)(a), the fumigator-incharge may begin fumigating cargo or permit it to begin when there are crew members on board the vessel who are not engaged in the fumigation or in the care of the vessel if

(a) the fumigator-in-charge has inspected the space in which the cargo is located and has advised the vessel’s master in writing that during the fumigation no fumigant is likely to leak from the space containing the cargo and into a space that is ordinarily occupied by crew members; and

(b) the space in which the cargo is located
(i) is not adjacent to a space that is ordinarily occupied by crew members, and
(ii) is separated by at least two gas-tight bulkheads from a space used by crew members.

(2) During a fumigation begun under subsection (1), the fumigator-in-charge or a competent person acting under the direction of the fumigator-in-charge shall conduct any periodic tests that the fumigator-in-charge determines are necessary to determine whether the concentration of a fumigant set out in column 1 of Schedule 2 in a space that is ordinarily occupied by crew members exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2.

(3) If a test result shows that the concentration of a fumigant exceeds the applicable TLV, all persons on board the vessel who are not wearing the self-contained breathing apparatus required by paragraph 210(3)(d) shall immediately disembark.

(4) In this section, “gas-tight”, in relation to a bulkhead, means that no fumigant can pass

(a) through the bulkhead; or

(b) over the top, under the bottom or around either end of the bulkhead.

Aeration

212

(1) After a space is fumigated, the fumigator-incharge shall ensure that it is aerated.

(2) Before the aeration begins, the fumigator-in-charge shall advise the vessel’s master in writing of the location of the spaces that will be occupied by a crew member for the purpose of assisting in the aeration.

(3) A crew member may, subject to the direction of the fumigator-in-charge, board the vessel to assist in the aeration by opening the hatches of the vessel and operating generating and ventilation machinery if the crew member is wearing the self-contained breathing apparatus required by paragraph 210(3)(d).

(4) If a crew member assists in the aeration of a space, the fumigator-in-charge shall, as frequently as he or she determines it is necessary, conduct tests to measure the concentration of the fumigant in every space occupied by the member.

(5) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall wear the self-contained breathing apparatus required by paragraph 210(3)(d) or evacuate the space until a test result shows that the concentration of the fumigant does not exceed the applicable TLV.

Clearance Certificates

213

(1) The fumigator-in-charge shall not issue a clearance certificate in respect of a vessel unless the vessel is gas-free.

(2) If the vessel is gas-free, the fumigator-in-charge shall issue a clearance certificate.

(3) Subject to Division 3, until a clearance certificate is issued, the vessel shall remain alongside.

(4) The vessel’s master shall record in the vessel’s logbook the issuance of a clearance certificate and the date of issuance.

Beginning Fumigation in Canadian Waters

214

No person shall begin fumigation in transit on a foreign vessel in Canadian waters unless the vessel is moored or at anchor in a Canadian port.

subdivision-1
Beginning Fumigation in a Canadian Port

Application

215

This Subdivision applies in respect of fumigation in transit on a foreign vessel that begins when the vessel is moored or at anchor in a Canadian port.

Methyl Bromide

216

No person shall fumigate with methyl bromide.

General

217

(1) No person shall begin fumigation unless

(a) the fumigator-in-charge, accompanied by the vessel’s master or the master’s agent, has inspected the space in which the cargo is to be fumigated before the cargo that is to be fumigated is loaded on board and has determined that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel;

(b) the fumigator-in-charge has given a notice in writing to the vessel’s master that specifies
(i) the name of the fumigant that will be used,
(ii) any hazards that the fumigation might present,
(iii) the precautions or other steps that the crew shall take in relation to the fumigation, and
(iv) the results of the inspection referred to in paragraph (a) and specifically the determination of the fumigator-in-charge that, during the fumigation, no fumigant is likely to leak from the space containing the cargo and into an adjoining space or out of the vessel;

(c) the loading of cargo onto the vessel is completed and all persons, other than the persons who are engaged in the fumigation or who will sail with the vessel, have disembarked;

(d) the fumigator-in-charge has given notice in writing to the following of the location of the spaces that will be fumigated and of all other spaces that the fumigator- in-charge determines are unsafe for entry by any person during the fumigation and before the vessel becomes gas-free:
(i) the vessel’s master,
(ii) the harbour master at the port or, if there is no harbour master, the person responsible for the port, and
(iii) the Department of Transport Marine Safety Office nearest to the vessel;

(e) every person who will sail with the vessel has been informed by the fumigator-in-charge or by the vessel’s master of the carrying out of the fumigation and of the danger of entering the spaces referred to in paragraph (d);

(f) there is on display near the gangways and near the entrances that lead to the space in which the cargo is to be fumigated a sign that meets the requirements of paragraph 210(1)(b);

(g) the fumigator-in-charge has posted a person to keep watch at each place where the vessel can be boarded while it is moored or at anchor;

(h) no fewer than two crew members, one of whom is an officer, have knowledge of
(i) any instructions that appear on the package containing the fumigant to be used in the fumigation,
(ii) any recommendations or information provided by the manufacturer of the fumigant in respect of
(A) the method of detecting the fumigant when it is in a gaseous state,
(B) the behaviour and properties of the fumigant,
(C) the symptoms likely to be shown by and the medical treatment of a person who has been poisoned by the fumigant, and
(D) the emergency procedures that should be taken to prevent fire and explosion of the fumigant,
and
(iii) the operation of any equipment on board that is used to detect the presence of a fumigant; and

(i) the vessel’s master has designated at least two of the crew members referred to in paragraph (h) to ensure that safe conditions in the accommodation spaces and working spaces are maintained after the fumigator-in-charge leaves the vessel.

(2) No person shall remove the signs referred to in paragraph (1)(f) until a clearance certificate has been issued in respect of the space or until aeration has been completed.

(3) When a clearance certificate has been issued in respect of the space, the vessel’s master shall ensure that any signs warning of the fumigation are removed.

(4) The person keeping watch shall not allow a person who is not engaged in the fumigation or who will sail with the vessel to board it while it is moored or at anchor.

(5) Despite paragraph (1)(a), fumigation may begin when the inspection referred to in that paragraph is carried out after cargo has been loaded if

(a) the holds adjacent to the accommodation spaces are not fumigated; and

(b) the vessel is alongside or, if it is not safe for the vessel to be alongside, it is moored elsewhere or at anchor and a launch service is available on short notice at all times.

Equipment and Documents

218

(1) The master of a vessel shall ensure that it is equipped with

(a) four sets of self-contained breathing apparatus that meet the requirements of paragraph 210(3)(d) to-safetyharnesses and four lifelines;

(b) two devices that can detect the presence of a fumigant when the fumigant is used in its gaseous state;

(c) the instructions provided by the manufacturer of the fumigant for the disposal of the fumigant;

(d) the most recent version of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG), published by the IMO; and

(e) the medicines and medical equipment specified in the Guide referred to in paragraph (d) for the fumigant used in the fumigation.

(2) The equipment required by paragraphs (1)(a) and (b) is in addition to any other equipment that is required to be carried on board the vessel when no fumigation takes place.

(3) If the devices referred to in paragraph (1)(b) require re-arming after use, the authorized representative of the vessel shall ensure that it is equipped with 10% more spare tubes than are needed to conduct the tests required by paragraph 220(3)(a) for the duration of the voyage.

Tests Before Leaving Port

219

(1) Subject to subsection 220(1), the vessel shall not leave the port until

(a) 24 hours after fumigation begins or any longer period that the fumigator-in-charge determines is necessary to ascertain whether there is any leakage of the fumigant has elapsed; and

(b) the fumigator-in-charge has advised the vessel’s master in writing that he or she has determined that there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h).

(2) The fumigator-in-charge shall conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which cargo is being fumigated, including tests to determine whether the concentration of the fumigant in the space is sufficiently high during the testing to detect leakage.

(3) The tests shall be conducted at least three times and the last test shall be conducted at the end of the 24-hour period or the longer period, as the case may be.

(4) If the fumigator-in-charge determines that a fumigant is leaking, the vessel shall not leave the port until he or she

(a) ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and

(b) issues a clearance certificate in respect of every space into which the fumigant was leaking.

(5) If, after conducting the periodic tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo is being fumigated or, in the case of a fumigation referred to in subsection 217(5), in the holds adjacent to the accommodation spaces.

When Fumigator-in-charge Is on Board the Vessel After It Leaves Port

220

(1) Section 219 does not apply if a fumigator-incharge is on board the vessel when it leaves the port and remains on board

(a) for at least 24 hours;

(b) until he or she determines that
(i) the concentration of the fumigant in a space that is being fumigated is sufficiently high that he or she could detect whether any of the fumigant is leaking from the space,
(ii) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gasfree,
and
(iii) there are at least two crew members on board the vessel, including at least one officer, who meet the requirements of paragraph 217(1)(h); and

(c) for any additional period that he or she determines is necessary in the circumstances.

(2) The fumigator-in-charge or a competent person acting under his or her direction shall conduct any periodic tests in the vessel that the fumigator-in-charge determines are reasonably necessary to ascertain whether any fumigant is leaking from a space that is being fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo is being fumigated is sufficiently high during the testing to detect leakage.

(3) The tests shall be conducted

(a) at least every eight hours, with the first test beginning when the vessel leaves the place where the fumigation began; and

(b) in a manner that will indicate whether any fumigant is leaking into any space that is ordinarily or is likely to be occupied by a crew member.

Before the Fumigator-in-charge Leaves the Vessel

221

The fumigator-in-charge shall not leave the vessel unless

(a) the concentration of the fumigant in a space that is being fumigated was sufficiently high that he or she could have detected whether any of the fumigant was leaking from the space;

(b) all spaces in the vessel that are adjacent to the space in which the cargo is being fumigated are gasfree;

(c) the equipment referred to in paragraphs 218(1)(a) and (b) is on board;

(d) there is a sufficient number of crew members on board who are qualified to use the devices referred to in paragraph 218(1)(b) to detect the presence of a fumigant in a space during the voyage; and

(e) he or she has notified the vessel’s master in writing that the responsibility for carrying out the fumigation rests with the master.

subdivision-2
Fumigation That Begins in a Canadian Port or Outside Canadian Waters

Application

222

This Subdivision applies in respect of fumigation in transit on a foreign vessel and the aeration of spaces in it if

(a) the fumigation begins while the vessel is moored or at anchor in a Canadian port; or

(b) the vessel is in Canadian waters and the fumigation began before it entered Canadian waters.

Fumigant Detected in a Space That Is Likely to Be Occupied

223

(1) Every person who detects a fumigant in a space that is likely to be occupied by any person shall immediately notify the persons occupying the space and the vessel’s master.

(2) Every person in the space shall evacuate it. (2) Toute personne qui se trouve dans l’espace l’évacue.

(3) The vessel shall go to the nearest Canadian port and remain there until the space is gas-free.

Report of Danger

224

If persons on board a vessel are in serious and imminent danger as a result of the fumigation of the vessel, its master shall immediately report the danger and the circumstances that gave rise to it to the Department of Transport Marine Safety Office nearest to the vessel by the quickest means available.

Recording Tests

225

If a person conducts a test to determine whether a fumigant is present in a space, the vessel’s master shall record the date and results of the test in the vessel’s logbook.

Aeration

226

(1) If the vessel is under way, the vessel’s master or, if a fumigator-in-charge is on board, the fumigator-incharge shall ensure that any aeration of a space that was fumigated is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

(2) The vessel’s master shall ensure that the aeration is carried out only if he or she determines that it is necessary for the safety of the crew or to meet an emergency that could affect the crew.

(3) During the aeration, the master or, if a fumigator-incharge is on board, the fumigator-in-charge shall conduct tests to determine the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

(4) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2,

(a) the master shall direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant; and

(b) the aeration of the space shall not resume unless the master or, if a fumigator-in-charge is on board, the fumigator-in-charge determines that its resumption will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system.

subdivision-1
Unloading or Topping Off

Application

227

This Subdivision applies in respect of a foreign vessel in Canadian waters if it is carrying bulk cargo that has been fumigated in transit and any part of it is to be unloaded or topped off at a Canadian port.

Notice

228

No vessel shall enter Canadian waters until a notice has been sent to the Department of Transport Marine Safety nearest to the port to which the vessel is destined that sets out

(a) the name of the vessel;

(b) the name of the port;

(c) the expected date of the vessel’s arrival in the port;

(d) the nature of the cargo;

(e) the name of the fumigant that was used to fumigate the cargo; and

(f) the date on which the fumigation in transit began.

Entering Spaces

229

(1) No person shall enter a space that was fumigated unless a clearance certificate has been issued in respect of the space.

(2) Subsection (1) does not apply to any person

(a) who is wearing a self-contained breathing apparatus that can protect them against any fumigant that is used for the fumigation and who is experienced and knowledgeable in the use of the apparatus; and

(b) who is wearing a safety harness fitted with a lifeline that is tended by a person outside the space who is also wearing such an apparatus.

Removal of Signs

230

(1) When a clearance certificate has been issued in respect of a space, the vessel’s master shall ensure that any signs warning of the fumigation are removed.

(2) The master shall enter the date and time of the issuance of the clearance certificate and of the removal of the signs in the vessel’s logbook.

Conditions for Unloading and Topping Off

231

(1) No person shall unload or top off the cargo unless a clearance certificate has been issued in respect of the space where the cargo is located.

(2) Every person who unloads or tops off the cargo shall use mechanical equipment that is controlled from outside the space in which the fumigation in transit was carried out.

(3) Every person who operates the mechanical equipment shall do so on an open deck of the vessel windward of the hatchway through which the cargo is unloaded or loaded and well clear of all ventilators.

(4) During the unloading or topping off of the cargo, no person shall enter the space from which it is being unloaded or topped off.

(5) Despite subsection (4), a person may enter the space to service the mechanical equipment if they are at all times accompanied by a competent person who continuously measures the concentration of the fumigant at or near the place where the servicing takes place.

(6) If the concentration of a fumigant set out in column 1 of Schedule 2 in a space exceeds one half of the TLV for the fumigant set out in column 2 or 3 of Schedule 2, every person in the space shall evacuate it or wear a self-contained breathing apparatus that can protect them against the fumigant.

subdivision-2
When Cargo Is Not to Be Unloaded or Topped Off

Application

232

This Subdivision applies in respect of a foreign vessel if it is carrying bulk cargo that has been fumigated in transit and enters a Canadian port for a purpose other than the unloading or topping off of any of that cargo.

Duty of Master

233

The master of a vessel shall ensure that a fumigator-in-charge boards the vessel immediately after it is moored in a Canadian port.

Duties of Fumigator-in-charge

234

The fumigator-in-charge shall, as soon as feasible,

(a) display near the gangways and near the entrances that lead to a space in which cargo has been fumigated a sign that meets the requirements of paragraph 210(1)(b);

(b) post a person to keep watch at each place where the vessel can be boarded while it is moored; and

(c) conduct any periodic tests that he or she determines are necessary to ascertain whether a fumigant is leaking from a space in which the cargo has been fumigated, including tests to determine whether the concentration of the fumigant in the space where the cargo has been fumigated is sufficiently high during the testing to detect leakage.

Leakage of Fumigant

235

(1) If the fumigator-in-charge determines that a fumigant is leaking into a space that is likely to be occupied by any person, the vessel shall not leave the port until
(a) the fumigator-in-charge ascertains that the leakage has stopped after conducting any additional tests that he or she determined were necessary; and
(b) the fumigator-in-charge issues a clearance certificate in respect of the space into which the fumigant was leaking.

(2) If, after conducting the initial tests and any additional tests, the fumigator-in-charge determines that no fumigant is leaking from the space, he or she shall advise the vessel’s master in writing that on completion of the testing no fumigant was detected in any space adjoining the space in which cargo was fumigated.

Duties of Person Keeping Watch

236

(1) The person keeping watch shall not allow a person who is not a crew member and is not on the vessel’s business to board the vessel.

(2) The person keeping watch shall ensure that any person who is not a crew member but is on the vessel’s business does not enter a space in respect of which a sign required by paragraph 234(a) is displayed.

If Cargo is Aerated

237

(1) If the vessel’s master directs that any of the cargo that was fumigated in transit be aerated, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall ensure that the aeration is carried out in a manner that minimizes the likelihood of the fumigant entering a space in the vessel that is ordinarily occupied by a crew member or into a ventilation system.

(2) During the aeration, the fumigator-in-charge or, if the fumigator-in-charge is not on board, the master shall conduct tests to measure the concentration of a fumigant in a space that is ordinarily occupied by a crew member and in each ventilation system.

(3) If a test result shows that the concentration of the fumigant exceeds the TLV for the fumigant set out in column 2 or 3 of Schedule 2, the master shall

(a) ensure that every person in the space
(i) wears self-contained breathing apparatus that can protect them against the fumigant, or
(ii) evacuates it until a test result shows that the concentration of the fumigant does not exceed the applicable TLV; or

(b) direct that the aeration be stopped and the space that is being aerated be sealed to prevent leakage of the fumigant until a fumigator-in-charge determines that the resumption of aeration will not cause the concentration of the fumigant to exceed the applicable TLV in the space or ventilation system.

238

This Division applies in respect of cargo transport units of which the contents have been fumigated but not aerated before the units are loaded on board a vessel.

239

No person shall load a cargo transport unit onto a vessel unless

(a) a competent person has determined that the concentration of fumigant is reasonably uniform throughout the unit; and

(b) the vessel’s master has been informed that the contents of the unit have been fumigated..

240

(1) The master of a vessel shall ensure that every cargo transport unit on board is stowed on an open deck at a distance of at least 6 m from the crew accommodation, the passenger accommodation, if any, work areas and vessel ventilation intakes.

(2) Despite subsection (1), a cargo transport unit may be stowed below deck in a vessel that is equipped with a mechanical ventilation system that operates in the space where the unit is stowed if the vessel carries not more than 25 passengers or 1 passenger for every 3 m of the vessel’s overall length, whichever is greater.

241

If a cargo transport unit is stowed on board a vessel, the vessel shall not enter a Canadian port unless the vessel’s master has notified the following of the vessel’s expected arrival at the port at least 24 hours before the vessel enters the port:

(a) the Department of Transport Marine Safety Office nearest to the port; or

(b) the harbour master at the port or, if there is no harbour master, the person responsible for the port.

[242 to 299 reserved]

Section 800.86(d)(1) of the regulations under the United States Grain Standards Act, and applicable provisions of the Agricultural Marketing Act of 1946, as amended, require that an applicant be promptly notified when bulk grains or certain other commodities loaded aboard certain types of oceangoing vessels are found to be infested.

The applicant will then have one of the following options:

a. Continue loading, in which case, a separate inspection certificate will be issued for the quantity of grain determined to be infested and all other grain in common stowage with the infested grain;

b. Unload the quantity of grain determined to be infested and an additional amount of other grain in common stowage with the infested grain; or

c. Continue loading and fumigate the grain under official personnel observation and the provisions of this chapter. If the applicant chooses this option, an inspection certificate will be issued without the special grade designation “infested”, or the designation of U.S. Sample Grade, which only applies to Brown rice for processing.

The applicant may elect to use the procedures outlined in this instruction when in-transit fumigation is required by the buyer or seller or to fulfill phytosanitary requirements even though the grain or commodity is not found to be infested. Additionally, an applicant may request that official personnel witness these fumigations.

Since 1975, FGIS, in cooperation with the Agricultural Research Service (ARS) and the grain, fumigant, and maritime industries, has been involved with research studies to develop safe, effective, and economical fumigation methods for bulk grain loaded aboard oceangoing vessels.
Based on the data obtained from these studies, ARS has provided FGIS with recommendations for the safe and effective in-transit fumigation of bulk grain aboard several types of vessels. Accordingly, FGIS has issued policies and procedures encompassing the in-transit fumigation of bulk grain aboard certain carriers using metal phosphide¹/ fumigant formulations registered by the U.S. Environmental Protection Agency (EPA).

¹/ Metal phosphide is the fumigant formulation, while phosphine is the toxic gas evolved from the formulation.

FGIS approves in-transit fumigation of bulk grain and rice in vessels only within the following parameters:

A. Acceptable Vessels.

The vessel types approved for in-transit fumigation are:
(1) Bulk dry-cargo vessels including oceangoing barges.
(2) Tanker-type vessels (not applicable for tubing or recirculation method).
(3) Liquified natural gas (LNG) carriers that have been converted to bulk carriers.
(4) Lakers or tween deck vessels with the same structural characteristics as bulk dry cargo vessels.
These vessel types are acceptable only when a certified applicator ²/ states that the vessel has been inspected and found to be suitable for fumigation. Acceptable vessels must contain no interior bulkheads, structures, or decks within the tanks or holds that could impede the penetration of the phosphine gas throughout the grain mass. For example, a tween decker with decks made of steel grating may be fumigated provided the vessel is otherwise suitable for fumigation. In addition, wing tanks on acceptable vessels may be fumigated under this chapter. If the wing tanks have bleeder holes connected to the main hold or tank and the bleeder holes remain open, the main hold or tank connected to the wing tank must also be fumigated. Tween deck vessels officially classified as “Freedom Mark II” or “Flush” are acceptable for in-transit fumigation, provided, all tween decks are retracted fully and remain in that position during loading. Some vessels classed as “multipurpose” may also meet the carrier requirements, provided, the stowage space is configured to approximate that of a bulk carrier. A listing of tween deckers currently approved by FGIS is maintained on the GIPSA/FGIS website at: www.gipsa.usda.gov

For consistency of review and compliance, tween deckers can only be assessed and approved at FGIS headquarters level.

(5) Self-unloading vessels require special attention. Every opening in the bottom of each hold must be capable of holding a gas-tight seal to ensure the fumigant does not escape into the common work area below the holds. Gas-tight partitions with doors may also have to be permanently designed, built and installed in the work area to contain any escaping fumigant during transit.

²/ A certified applicator is any individual who is certified to use or supervise the use of any restricted use pesticides covered by their certification in the CFR (40 CFR 171.2(h).)

B. Acceptable Bulk Commodities.

Commodities that are acceptable for in-transit fumigation are barley, canola, corn, flaxseed, mixed grain, oats, rice, rye, sorghum, soybeans, sunflower seed, triticale, and wheat.

C. Acceptable Fumigant Formulations.

EPA-registered metal phosphide formulations (either solid or granule) are the only approved formulations for in-transit fumigation.

D. Acceptable Fumigant Application Methods.

(1) Surface Treatment.

(a) Spread the fumigant (packaged to retain residual dust; i.e., belts, ropes, blankets, strips, sleeves, etc.) on the exposed grain surface.
If possible, anchor packages to prevent shifting during transit.

(b) Uniformly spread, scatter, or step pellets or tablets into the exposed grain surface.

(2) Subsurface Treatment (Trench-in).

Place fumigant (packaged to retain residual dust) or uniformly spread, pellets or tablets in a shallow trench approximately 0.3 meters (1 foot) deep and cover with grain. When using a package product, ensure that only the two ends of the package fumigant remain visible above the grain surface.

(3) Recirculation System.

This method uses a combination of tubing and an explosion proof blower motor. The blower is used to aid fumigant distribution by re-circulating phosphine gas throughout the hold, and therefore must have the capability of moving the fumigant at a minimum rate of 300 cubic feet per minute. During transit, the blower forces high gas concentrations in the head space to lower parts of the hold.

The fumigant industry has demonstrated the effectiveness of the Recirculation System. Additionally, USDA’s Agricultural Research Service tested the Recirculation System aboard the M/V Gamal Abdul Nasser in December 1987.

(a) Install a 4-inch (minimum) corrugated slotted/perforated tubing in a pattern(s) on the hold bottom that will provide for the uniform distribution of the fumigant throughout the hold.
(Figure 1 below illustrates suggested installation configuration of the tubing for the recirculation system. Notice the tubing runs from corner to corner).


FIGURE 1

(b) Complete the wiring of the explosion proof motor with the blower.
NOTE: Official personnel are not responsible for checking wiring diagrams or performing any electrical test on the blower. The fumigator is responsible for demonstrating the operation of the blower to official personnel.

(c) Place the blower motor inside the manway opening and attach tubing to the motor housing securely using a semi-permanent method such as a bolt, screw, clamp, etc.
Tape is not allowed for the purpose of attaching the tubing to the blower housing, but tape may be used to help seal the joint between the blower housing and the tubing.

(d) From the output side of blower motor insert the 4-inch (minimum) solid tubing down through the manway opening and attach it to the slotted tubing (minimum 4 inch) on the hold bottom. Attach the 6- inch perforated/slotted tubing to the input side of the blower motor housing using a semi-permanent method such as a bolt, screw, clamp, etc.
Tape is not allowed for the purpose of attaching the tubing to the blower housing, but tape may be used to help seal the joint between the blower housing and the tubing.

(e) After the loading is completed, stretch the 6-inch perforated/slotted tubing, onto the surface of the grain. Note: If the hold is loaded “slack” the 6-inch tubing is not installed.

(f) Official personnel must verify that the blower is operational and the air flow is moving in the correct direction. The air must be pulled from the top (input side) and pushed down (output side) through the tubing to the bottom of the hold.
Figure 2 belowillustrates the correct direction of the air flow, and placement of the solid and slotted tubing.

(g) Apply fumigant using surface or subsurface method.


FIGURE 2

E. FGIS In-transit Fumigation Procedure.

This certification of efficacy by FGIS requires adherence to all applicable procedures in this chapter of the Fumigation Handbook.

F. Contract Variance.

FGIS will, upon request, witness the contract specified fumigation procedure and issue a letterhead statement. Official personnel will indicate on the work record that the lot was fumigated in accordance with contract procedures.

G. FGIS Witness of Fumigation.

Upon request, FGIS observes a lot being fumigated, but does not guarantee the efficacy. This service is provided when fumigation is requested per contract terms; when a vessel does not qualify for FGIS in-transit fumigation because the vessel is not an approved type vessel; when the cargo is not an acceptable bulk commodity (e.g. bulk soybean meal), or when the cargo is in sacks. See Section 2.3 SCOPE, for vessels and commodities that qualify for in-transit fumigation.

H. Acceptable Separation Materials.

Bulk grain above or below a permeable material separation, such as burlap or woven polypropylene, may be fumigated. Bulk grain below impermeable separation materials, such as plastic, cardboard, or wood can only be fumigated in-transit by the recirculation method. However, grain under wood separation material may be fumigated without using the in-transit recirculation method, if the wood material is made permeable using the procedures in this section under (1) Plywood, below.

Typically, separations are composed of 4 feet by 8 feet plywood sheets, burlap, polypropylene-weave or polyethylene, layered singularly or in combination with one or both of the other types. When a rigid plywood layer is not used in building a separation, plywood sheets (splash boards) may be placed on top of the flexible separation to protect it from damage resulting from grain hitting the surface of the separation. Sometimes, the type of separation is specified in the contract(s). When fumigation of the hold(s) is required upon completion of loading, each separation within a hold must be permeable to facilitate sufficient gas dispersal to guarantee the efficacy of the treatment. To achieve this permeability, either of the following procedures must be used.

(1) Plywood.

(a) Permeable Drilled/Cut Plywood. After the lot is loaded, a burlap or polypropylene-weave cover is placed over the reasonably leveled grain in the hold. A layer of plywood sheets covering the entire surface area is then placed on top of the cover.

Each plywood sheet must have three rows of one-inch (25mm) minimum diameter holes spaced lengthwise approximately 19 inches (475mm) apart (See Figure 3 below) or have three rectangular vertical openings of 1.5 inches (38mm) minimum by 24 inches (610mm) spaced lengthwise and indented 12 inches from each end.

The middle opening is to be centered approximately 33.75 inches (857mm) from each of the two end slots (see Figure 4 below). Holes/openings are required regardless of the method of fumigation.

When plywood is requested as a separation in the hold and the grain below the separation must be fumigated, either of the following patterns may be used to cut holes in each plywood sheet to allow fumigant gas dispersal:


FIGURE 3


FIGURE 4

(b) Splash Boards. After the lot is loaded, a burlap or polypropyleneweave cover is placed over the entire surface of the grain in the hold. Multiple 4 feet x 8 feet plywood/particle board sheets may be scattered over the cover to hold it place. The loading spout(s) is then placed over the splash boards. Pouring grain above the boards continues at a reduced rate until the spout stream builds a grain mass of sufficient size to anchor the separation before resumption of loading at a faster rate. The splash boards do not need holes. As the surface area of the hold increases the number of boards may also increase; however, the coverage shall not exceed approximately 50 percent of the surface area to accommodate fumigation, if needed.

(2) Flexible Separations.

Burlap, polypropylene-weave, and polyethylene may be used singularly or combined with the other two to form a separation. Since polyethylene is not permeable to the fumigant, it should only be used if neither lot in the hold is to be treated or if only the lot portion above the separation is to be fumigated. However, if the portion below the polyethylene separation needs to be fumigated, then the recirculation method is to be used and tubing must be in place before the grain is loaded.

The metal phosphide fumigant formulations may be applied to the grain aboard acceptable vessels only after the loading of the grain into the hold or tank is completed. Partially loaded or slack holds or tanks may be fumigated provided that no additional grain is subsequently loaded into that hold or tank.

When another lot of grain is to be loaded at a different elevator on top of a previous lot, the fumigant formulation may be applied only after the completion of loading all grain into the hold or tank. Certification of the first lot is withheld pending the proper application of the fumigant after completing the loading of the grain in the second lot.

The fumigated holds or tanks must remain closed for the entire voyage, unless an emergency situation exists, such as structural damage, fire, etc. Appropriate respiratory protection equipment and fumigant gas detection equipment must be on board the vessel and at least two crew members must be trained in their use.

A. Applicant's Responsibilities.

The applicant for inspection must:

(1) Make the necessary arrangements to secure the service of a certified applicator from fumigation firm.

(2) Follow the procedures outlined in this chapter and verify that the certified applicator follows the EPA-registered label requirements for metal phosphide fumigant formulations and the U.S. Coast Guard regulations regarding shipboard fumigation in the CFR (46 CFR 147A) and applicable State and local laws or regulations.

(3) Immediately notify the certified applicator and FGIS of change to the loading/stowage plan. A change could affect the suitability to fumigate the lot.

B. Certified Applicator's Responsibilities.

The certified applicator must:

(1) Inspect or cause to be inspected by qualified individuals the holds or tanks for suitability to retain the fumigant gas for the entire voyage. This inspection may be conducted any time prior to fumigation. FGIS recommends that the inspection be done prior to loading when the holds or tanks are empty. The vessel inspection must consider all aspects which relate to the vessel’s ability to retain the fumigant for the entire voyage. Structures and systems to evaluate include, but are not limited to, the following:

(a) Integrity of hatch covers, vents, manholes, and other openings to the holds or tanks. Special attention should be given to the condition of gaskets on all openings.

(b) Structural or other systems that may allow the fumigant to leak from one area to another, such as coffer dams, pumping systems, all-weather tunnels, keel ducts, bilges, smoke/fire detection or suppression systems, electrical systems, deck lockers, and bulkheads and decks.

(2) Identify the holds or tanks which cannot be fumigated because of their inability to retain the fumigant. Extra care must be exercised in inspecting holds or tanks that extend under the vessel's housing structure or with a common bulkhead to living quarters to ensure that no fumigant can leak into these areas.

(3) Provide a written statement on the company's letterhead to FGIS or agency personnel indicating which holds or tanks are suitable for fumigation and which are not, including the reason for unsuitability. This statement must be signed by the certified applicator conducting the inspection and the officer in charge of the vessel. See Attachment 1 for an example of this type of statement.

(4) Determine the fumigant application method and the amount of fumigant to be applied to each hold or tank (refer to Attachment 4).

(5) Conduct a pre-fumigation conference with the officer-in-charge of the vessel in the presence of FGIS or agency personnel and provide each party with a copy of the EPA-registered label from the metal phosphide fumigant formulation.

If the certified applicator typically uses the same fumigant for multiple cargoes official personnel may waive the requirement for furnishing a specimen label for each fumigation. However, the certified applicator must provide the label specimen to official personnel when there has been a change in labeling, a new fumigant is used, or when requested specifically by official personnel.

Additionally, the certified applicator must prepare a written statement on company letterhead (see Attachment 2) signed by the certified applicator and the officer in charge of the vessel, specifying the following information:

(a) The identification of the holds or tanks to be fumigated.

(b) The method of application of the fumigant formulation.

(c) The safety precautions to be followed by the vessel's crew during the voyage, symptoms of exposure to the fumigant, and the firstaid procedures to be followed in the event of accidental exposure.

(d) That personal respiratory protection and gas detection equipment for phosphine are on board the vessel, and at least two crew members have been trained in their use.

(e) A listing of areas on the vessel that are judged to be safe and areas judged not to be safe during the fumigation.

(f) A checklist of areas that must be monitored at daily for fumigant leaks.

(g) Instructions for aerating the holds or tanks. The instructions must specify that the holds or tanks must not be aerated at sea unless an emergency situation exists.

(h) Instructions for the retrieval and disposal of fumigant formulation residue and its accompanying packaging, such as sachets, bag blankets, or sleeves, upon arrival at the destination port.

(6) When the recirculation method is used, attach the 6-inch perforated/slotted tubing to the input side of the blower motor housing with a semipermanent method such as a bolt, screw, clamp, etc. Tape is not allowed for the purpose of attaching the tubing to the blower housing, but may be used to help seal the joint between the blower housing and the tubing.

Prior to attaching the tubing demonstrate to FGIS personnel that each blower is moving air in the proper direction.

(7) Apply the fumigant formulation at the dosage prescribed on the EPAregistered label.

(8) Close and seal all un-sealed openings to the hold or tank after application of the fumigant formulation is completed.

(9) Verify that the fumigant is being contained within the hold or tank and is not a hazard to the vessel's crew.

(10) Install warning placards on all entrances to all fumigated holds or tanks. Placards must be placed on the outside of each manway. Each placard must exhibit the hazardous material symbol for poisonous gas (skull and crossbones symbol) and include the fumigation date, fumigant formulation used, the minimum fumigant retention period as indicated in attachment 4, and that the fumigated hold or tanks are not to be aerated until arrival at the destination port. When possible, placards in the principal language of the crew and English should be used.

(11) Provide a written statement on company letterhead (see attachment 3) to the officer-in-charge of the vessel and official personnel, signed by the certified applicator, indicating:

(a) The date of the fumigant formulation application.

(b) That the application of the fumigant formulation was in accordance with EPA, U.S. Coast Guard, and FGIS regulations and instructions.

(c) The holds or tanks treated.

(d) The type and quantity of fumigant formulation used in each hold or tank including the cubic capacity and the depth of each hold or tank.

(e) The method of fumigant formulation application.

(f) The destination of the vessel and the estimated voyage time.

(g) That the openings to all fumigated spaces were closed and placarded and checked to ensure no fumigant was leaking at the time of the vessel's departure.

C. Official Personnel Responsibilities. Official personnel must:

(1) Obtain a written statement on company letterhead from the certified applicator indicating which holds or tanks are suitable for fumigation based on the certified applicator's inspection as required in item 2.4b (3) of this section.

(2) Verify that the metal phosphide fumigant formulation has an EPAregistered label for in-transit fumigation for the type of grain to be treated.

(3) Attend the pre-fumigation conference conducted by the certified applicator and obtain a copy of the signed statement containing the information required by item 2.4b.(5) of this section.

(4) Observe the application of the fumigant formulation to verify that the dosage, method of application, sealing of the holds or tanks, and the placement of warning placards are as specified in this chapter.

(5) Verify that the metal phosphide fumigant formulation was removed from a factory-sealed container. For products not always distributed in factorysealed containers (e.g., tablets and pellets), verify that the containers are removed from sealed cartons and contain the appropriate formulation. Note: Due to flash fire possibility, do not stand in close proximity to the containers while they are opened.

(6) Obtain from the certified applicator a signed letterhead statement containing the information required in item 2.4b. (11) of this section.

(7) Verify that all fumigated holds are closed and sealed prior to vessel departure.

(8) Review all letterhead statements to ensure they contain the required information.

(9) Attach a copy of all fumigation related documents to the Inspection Log (Form FGIS-921) to have on file.

(10) When the recirculation method is used Official Personnel must:

(a) Before vessel loading begins, verify that the tubing and blower motor are of the recommended size and are in correct placement in the hold;

(b) Have the certified applicator demonstrate the fan/blower is moving air in the proper direction (see section 2.4 b (6)); and

(c) Ensure that the 6 inch perforated/slotted tubing is attached to the input side of the blower motor housing securely with a semipermanent method such as a bolt, screw, clamp, etc. Tape is not allowed for the purpose of attaching the tubing to the blower housing, but tape may be used to help seal the joint between the blower housing and the tubing.

A. Grain.

If the quantity of grain initially determined to be infested is treated in accordance with this chapter, the certificate representing that quantity of grain will be issued as if the “infested” designation had never been assigned.

B. Rice.

If a lot of Rough rice or Brown rice for processing was determined to be infested and downgraded to U.S. Sample Grade, and then treated according to FGIS procedures, the certificate will be issued as if the infestation did not occur and the U.S. Sample Grade designation will be removed. No method of fumigation will remove the U.S. Sample grade designation from Milled rice if the rice is U.S. Sample grade due to live or dead insects.

C. APHIS-FGIS Cooperative Agreement.

When insects that are prohibited by the destination country are identified during the official inspection, when the lot is graded “infested” or U.S. Sample Grade, as applicable because of insects, or when fumigation is a quarantine requirement, the vessel may be fumigated under the provisions of this chapter. After the fumigant formulation application is completed, FGIS will inform the Animal and Plant Health Inspection Service (APHIS) that the fumigation was conducted in accordance with FGIS procedures. APHIS will then issue a phytosanitary certificate denoting that the grain was fumigated. Additional information is in the APHIS-FGIS Cooperative Agreement found in FGIS Directive 9180.35.

D. In-Transit Fumigation.

FGIS has established minimum requirements for in-transit fumigation when fumigation is required to remove the special grade “infested” from the official certificate when insect infestation is found during loading, or eliminate the “U.S. Sample Grade” designation, as applicable, or when fumigation is required to satisfy the phytosanitary inspection certification of the cargo, or when official personnel are requested to observe fumigation of a lot and certify that the fumigation was done according to official procedures. If FGIS requirements for fumigation are satisfied, official personnel will indicate on the work record/ship log: “This (grain/commodity) was fumigated according to official procedures.” The above statement can also be applied to the Insects in Grain Report, FGIS 921-2, the inspection certificate for grade, or on letterhead stationery.

E. Witness of Fumigation.

This service only certifies that the vessel/cargo was fumigated; it does not certify the accuracy or the efficacy of the fumigation and does not remove the special grade “infested” or eliminate the “U.S. Sample Grade” designation, as applicable. One or more of the following statements may be shown on a letterhead:

(1) “Hold(s) No. ______ was/were observed being fumigated with (quantity of fumigant) of (type of fumigant) after lot was loaded into the carrier but the lot was not sampled and examined after fumigation.”

(2) “It is the responsibility of (name of fumigator) to ensure the above named vessel was fit to be fumigated, the proper fumigant dosage was applied, the fumigant is effective, and that all appropriate federal, state, and local laws and regulations were followed.”

(3) “Hold(s) No. ______ was/were observed being fumigated per contract terms using (type of fumigant) after the lot was loaded into the carrier.”

The wording of the above statements may be modified to meet the need of the applicant, provided after modification the statement remains factual.

F. Contracted Fumigation Procedures.

If shipments are fumigated according to contract requirements and those requirements do not meet the guidelines for FGIS In-transit fumigation, FGIS will allow the fumigation to take place. However, only FGIS In-transit fumigation procedures can remove the special grade "infested" and official personnel will not provide a statement indicating that the fumigation was performed according to the official procedures.

Official personnel, however, may provide a statement on the certificate, upon request, if official personnel witness the fumigation process. The following statement will certify the fumigant dosage and the method of application.

"This (grain/commodity) was observed being fumigated with (quantity of fumigant used) of (type of fumigant) using (application method)."

The following questions and answers are designed to aid FGIS and agency personnel in interpreting the procedures contained in this chapter on in-transit shipboard fumigation of grain.

Question 1: What fumigants can be used under FGIS in-transit shipboard fumigation procedures?

Answer: Metal phosphide fumigant formulations registered with the U.S. Environmental Protection Agency.

Question 2: Grain being loaded aboard a bulk carrier is determined to be infested. A certified fumigator is called out to determine vessel suitability for intransit fumigation. Can this vessel be fumigated under FGIS in-transit fumigation procedures?

Answer: Yes. The vessel must be inspected by a certified fumigator and found to be suitable for in-transit fumigation.

Question 3: Can bagged wheat or rice be officially fumigated in transit under FGIS procedures?

Answer: No. Only bulk commodities can be fumigated in transit under FGIS procedures.

Question 4: A vessel registered as a 'tween decker contains car decks made of steel grating. Can this vessel be fumigated in transit under FGIS procedures?

Answer: Yes. Car decks made of steel grating will not impede the penetration of the phosphine gas. Vessels with internal decks constructed of solid steel plating or solid wood cannot be fumigated under FGIS procedures.

Question 5: Infested grain is loaded into a wing tank aboard a bulk carrier. Can the grain in the wing tank be fumigated?

Answer: Yes, if the wing tank has bleeder holes connected to the main hold or tank and the bleeder holes remain open, the main tank or hold must also be fumigated. If the wing tank has no bleeder holes or the bleeder holes are closed, only the wing tank has to be fumigated.

Question 6: The dosage for metal phosphide is based on the amount of grain in the hold or tank. Is this a correct statement?

Answer: No. The dosage for metal phosphide is always based on the cubic capacity of the hold or tanks regardless of the amount of grain actually loaded. The minimum dosage for passive fumigant application such as the surface and subsurface (trench-in) method is 45 grams per 1,000 cubic feet of storage space. The minimum dosage for the recirculation method is 33 grams per 1,000 cubic feet of storage space or a pellet formulation at the dosage rate of 45 grams of aluminum phosphide or 30 grams of magnesium phosphide per 1,000 cubic feet of stowage space.

Question 7: Is it permissible under the provisions of this chapter to fumigate grain in one hold while loading is being completed in other holds?

Answer: Yes, providing that no additional grain is to be loaded into that fumigated hold, and the hold is sealed immediately after fumigant application. Under these situations, there is no safety hazard for official personnel. However, in many locations, longshoreman will not allow the application of the fumigant until the completion of loading of all grain aboard the vessel.

Question 8: A lot of grain is loaded into Hold Nos. 1, 2, 3, 4, 5 at Elevator A. The grain in Hold Nos. 3, 4, 5 is infested. A second lot of grain is to be loaded at Elevator B on top of this first lot, without separation. How is the fumigation conducted?

Answer: Fumigation takes place after loading of all grain into Holds No. 3, 4, 5.
Certification of the first lot is withheld pending proper application of the fumigant after the completion of loading the grain in the second lot. Where more than one agency or field office is involved, the agency or field office performing the inspection of the first lot must inform the agency or field office that will be inspecting the second lot that infested grain is aboard the vessel and certification for the first lot is being withheld pending proper fumigant application after the completion of loading all grain into the holds or tanks in question.

Question 9: The applicant for fumigation asks (in person or in the load order document) that FGIS witness the fumigation of the lot loaded. What do you do?

Answer: Explain to the applicant the difference between “witness of fumigation” and “FGIS in-transit fumigation” and then determine which procedure is to be used. “Witness of fumigation” is a service provided, upon request, whereby FGIS will observe the lot being fumigated but the efficacy is not guaranteed. This service is usually requested when the lot does not qualify for FGIS in-transit fumigation, i.e., unapproved vessels, bagged rice or grain, bagged commodities, or soybean meal. “FGIS In-transit Fumigation” is a procedure used to fumigate qualifying shipments whereby the carrier may sail before the results are verified. The efficacy of the treatment is assumed to be accomplished; provided, all the carrier criteria and treatment requirements contained in Chapter 2 of this Handbook are met and verified by FGIS personnel. “FGIS In-transit fumigation” is required to remove the special grade “infested” from the official certificate when insect infestation is found during loading, or eliminate the “U.S. Sample Grade” designation, as applicable, or when fumigation is required to satisfy the phytosanitary inspection certification of the cargo, or when official personnel are requested to observe fumigation of a lot and certify that the fumigation was done according to official procedures.

Question 10: Can a shipment of Dried Distiller Grains (DDG) be certified as being fumigated according to official FGIS procedures?

Answer: No, there are no FGIS procedures for processed commodities; however the applicant may request that FGIS witness the fumigation. Commodities that are acceptable for FGIS fumigation are barley, canola, corn, flaxseed, mixed grain, oats, rice, rye, sorghum, soybeans, sunflower seed, triticale, and wheat.