[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 25010-25057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3897]
[[Page 25009]]
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Part IV
Department of Agriculture
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Animal and Plant Health Inspection Service
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7 CFR Parts 305, 319, and 352
Revision of Fruits and Vegetables Import Regulations; Proposed Rule
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 /
Proposed Rules
[[Page 25010]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305, 319, and 352
[Docket No. APHIS-2005-0106]
RIN 0579-AB80
Revision of Fruits and Vegetables Import Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule and notice of public hearings.
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SUMMARY: We are proposing to revise and reorganize the regulations
pertaining to the importation of fruits and vegetables to consolidate
requirements of general applicability and eliminate redundant
requirements, update terms and remove outdated requirements and
references, update the regulations that apply to importations into
territories under U.S. administration, and make various editorial and
nonsubstantive changes to regulations to make them easier to use. We
are also proposing to make substantive changes to the regulations,
including: Establishing criteria within the regulations that, if met,
would allow us to approve certain new fruits and vegetables for
importation into the United States and to acknowledge pest-free areas
in foreign countries more effectively and expeditiously; doing away
with the practice of listing specific commodities that may be imported
subject to certain types of phytosanitary measures; and providing for
the issuance of special use permits for fruits and vegetables. These
changes are intended to simplify and expedite our processes for
approving certain new imports and pest-free areas while continuing to
allow for public participation in the processes. This proposal, if
adopted, would represent a significant structural revision of the
fruits and vegetables import regulations and would establish a new
process for approving certain new commodities for importation into the
United States. It would not, however, allow the importation of any
specific new fruits or vegetables, nor would it alter the conditions
for importing currently approved fruits or vegetables except as
specifically described in this document. To the extent to which trading
partners consider the time it takes to conduct the rulemaking process a
trade barrier, by reducing that time, these proposed changes may
facilitate the export of U.S. agricultural commodities. The proposed
changes would not alter the manner in which the risk associated with a
commodity import request is evaluated, nor would it alter the manner in
which those risks are ultimately mitigated.
DATES: We will consider all comments that we receive on or before July
26, 2006. We will also consider comments made at public hearings to be
held in Seattle, WA, on May 23, 2006; in Los Angeles, CA, on May 24,
2006; in Miami, FL, on May 26, 2006; and in Washington, DC, on June 20,
2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2005-0106 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2005-0106, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2005-0106.
Public Hearings: Public hearings regarding this rule will be held
at the following locations:
1. Seattle, WA: Seattle Renaissance Hotel, 515 Madison Street,
Seattle, WA.
2. Los Angeles, CA: The Westin Los Angeles Airport, 5400 West
Century Boulevard, Los Angeles, CA.
3. Miami, FL: Hilton Miami Airport, 5101 Blue Lagoon Drive, Miami,
FL.
4. Washington, DC: USDA Jamie L. Whitten Building, 1400
Independence Avenue, SW., Washington, DC.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Regarding the proposed commodity
import request evaluation process, contact Mr. Matthew Rhoads,
Planning, Analysis, and Regulatory Coordination, PPQ, APHIS, 4700 River
Road, Unit 141, Riverdale, MD 20737; (301) 734-8790.
Regarding import conditions for particular commodities, contact Ms.
Donna L. West, Senior Import Specialist, Commodity Import Analysis and
Operations, PPQ-PRI, APHIS, 4700 River Road, Unit 133, Riverdale, MD
20737; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Public Hearings
We are advising the public that we are hosting four public hearings
on this proposed rule. The first public hearing will be held in
Seattle, WA, on Tuesday, May 23, 2006 from 9 a.m. to 1 p.m., local
time. The second public hearing will be held in Los Angeles, CA, on
Wednesday, May 24, 2006, from 1 p.m. to 5 p.m., local time. The third
public hearing will be held in Miami, FL, on Friday, May 26, 2006, from
9 a.m. to 1 p.m., local time. The fourth public hearing will be held in
Washington, DC, on June 20, 2006, from 9 a.m. to 1 p.m., local time.
A representative of the Animal and Plant Health Inspection Service
will preside at the public hearings. Any interested person may appear
and be heard in person, by attorney, or by other representative.
Written statements may be submitted and will be made part of the
hearing record. A transcript of the public hearings will be placed in
the rulemaking record and will be available for public inspection.
The purpose of the hearings is to give interested persons an
opportunity for presentation of data, views, and arguments. Questions
about the content of the proposed rule may be part of the commenters'
oral presentations. However, neither the presiding officer nor any
other representative of APHIS will respond to comments at the hearings,
except to clarify or explain provisions of the proposed rule.
The presiding officer may limit the time for each presentation so
that all interested persons appearing at each hearing have an
opportunity to participate. Each hearing may be terminated at any time
if all persons desiring to speak and that are present in the hearing
room have been heard.
Registration for the hearings may be accomplished by registering
with the presiding officer 30 minutes prior to the scheduled start of
each hearing. Persons who wish to speak at a hearing will be asked to
sign in with their name and organization to establish a record for the
[[Page 25011]]
hearing. We ask that anyone who reads a statement provide two copies to
the presiding officer at the hearing.
Persons wishing to speak at one or both of the public hearings may
register in advance by phone or e-mail. Persons wishing to register by
phone should call the Regulatory Analysis and Development voice mail at
(301) 734-8138. Callers must leave a message clearly stating (1) the
location of the hearing the registrant wishes to speak at, and (2) the
registrant's name and organization. Persons wishing to register by e-
mail must send an e-mail with the same information described above to
http://[email protected]. Please write the location
of the hearing you wish to attend in the subject line. Advance
registration for the hearings must be received by 3 p.m. on the day
prior to the hearing you wish to attend. Additional information on the
hearings, including parking information, can be found on the Internet
at http://www.aphis.usda.gov/ppq/Q56.
If you require special accommodations, such as a sign language
interpreter, please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Background
Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56 through 319.56-8, referred to below as the regulations or the
fruits and vegetables regulations) the Animal and Plant Health
Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA
or the Department) prohibits or restricts the importation of fruits and
vegetables into the United States from certain parts of the world to
prevent plants pests from being introduced into and spread within the
United States.
In this document, we are proposing to revise and reorganize the
fruits and vegetables regulations to consolidate requirements of
general applicability and eliminate redundant requirements, update
terms and remove outdated requirements and references, update the
regulations that apply to importations of fruits and vegetables into
U.S. territories, and make various editorial and nonsubstantive changes
to regulations to make them easier to use. We are also proposing to
make substantive changes to the regulations, including: (1)
Establishing criteria within the regulations that, if met, would allow
APHIS to approve certain new fruits and vegetables for importation into
the United States and to acknowledge pest-free areas in foreign
countries more effectively and expeditiously; (2) doing away with the
process of listing, in the regulations, specific commodities that may
be imported subject to certain types of phytosanitary measures; and (3)
providing for the issuance of special use permits for fruits and
vegetables. These changes are necessary to simplify and expedite the
APHIS processes for approving new imports and pest-free areas while
continuing to allow for public participation in the process. This
proposal, if adopted, would represent a significant structural revision
of the regulations, and would establish a new process for approving
certain new commodities for importation into the United States. It
would not, however, allow the importation of any specific new fruits or
vegetables, nor would it alter the conditions for importing currently
approved fruits or vegetables except as specifically described in this
document.
The Current Regulations
Currently, the regulations prohibit the importation into the United
States of fruits and vegetables covered by the subpart,\1\ unless the
regulations specifically allow the importation of the particular fruit
or vegetable.
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\1\ The importation of citrus fruits is regulated under
Subpart--Citrus Fruit (Sec. 319.28).
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The regulations can be roughly divided into two categories:
Requirements of general applicability (contained in Sec. Sec. 319.56
through 319.56-2 and Sec. Sec. 319.56-3 through 319.56-8) and
commodity-specific requirements (contained in Sec. Sec. 319.56-2a
through 319.56-2oo).
Under the regulations, all approved fruit and vegetable imports are
subject to some type of restriction to ensure that the imported fruit
or vegetable does not act as a pathway for the introduction of plant
pests or noxious weeds into the United States. These restrictions are
known as phytosanitary measures, and include any activities that have
the effect of reducing the plant pest risk posed by an imported fruit
or vegetable.
In nearly all cases, more than one phytosanitary measure must be
applied to each type of imported fruit or vegetable for the commodity
to be allowed importation into the United States. In the most typical
scenario, fruits and vegetables must be imported under permit and are
subject to inspection, and, if necessary, treatment, at the port of
first arrival in the United States. These requirements are referred to
elsewhere in this document as universal requirements. A partial list of
commodities that may be imported under these conditions may be found in
Sec. 319.56-2t of the current regulations. Other commodities must
always be treated for pests before arriving at a U.S. port of entry, in
addition to meeting these universal requirements. A partial list of
such commodities may be found in Sec. 319.56-2x of the current
regulations.\2\ Certain other fruits and vegetables must meet
additional requirements (in some cases, called ``systems approaches'')
to be eligible for importation into the United States. Such measures
include sampling regimens, pest surveys, packing requirements, and
other measures determined to be necessary to mitigate the pest risk
posed by the particular commodity. Requirements for importing these
commodities may be found in Sec. Sec. 319.56-2a through 319.56-2oo.
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\2\ Some commodities listed in Sec. Sec. 319.56-2t and 319.56-
2x require additional phytosanitary measures beyond requirements
that they be imported under permit and are subject to inspection at
the port of first arrival in the United States. Such requirements
include special box markings and phytosanitary certifications by
foreign national plant protection organizations.
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Proposed Revisions
Reorganization of the Regulations and Consolidation of Similar
Provisions
In this document, we are proposing to reorganize the regulations to
make them easier to understand and use. Specifically, we are proposing
to consolidate all requirements of general applicability into one
section (proposed Sec. 319.56-3, ``General requirements for all
imported fruits and vegetables''). Currently, general requirements are
located in various sections (Sec. Sec. 319.56 through 319.56-2 and
319.56-3 through 319.56-8) of the regulations, and several such
provisions are repeated throughout the commodity-specific sections
(Sec. Sec. 319.56-2a through 319.56-2oo). If this proposal is adopted,
all requirements of general applicability would be located at the
beginning of the regulations, followed by all commodity-specific
requirements, and redundant references to general requirements that are
contained in commodity specific regulations would be removed.
In order to facilitate review of this proposal, which, if adopted,
would relocate all current provisions to new sections within the
regulations, we have prepared a cross-reference table that links the
current provisions with the proposed provisions. The cross reference
document may be viewed on the Regulations.gov Web site (see ADDRESSES
above for instructions for accessing Regulations.gov.) and may be
obtained by contacting the person listed under FOR FURTHER INFORMATION
CONTACT. The cross reference document may also be viewed in our reading
room
[[Page 25012]]
(information on the location and hours of the reading room is provided
under the heading ADDRESSES at the beginning of this proposed rule).
Further, for ease of reference, we provide the following outline of the
proposed revision:
Requirements of General Applicability
Sec. 319.56-1 Notice of quarantine.
Sec. 319.56-2 Definitions.
Sec. 319.56-3 General requirements for all imported fruits and
vegetables.
(a) Freedom from plants and portions of plants.
(b) Permit.
(c) Ports of entry.
(d) Inspection, treatment, and other requirements.
(e) Costs and charges for APHIS services.
(f) Responsibility for damages arising from quarantine actions
or procedures.
Sec. 319.56-4 Approval of certain fruits and vegetables for
importation.
(a) Determination by the Administrator.
(b) Designated phytosanitary measures.
(c) Fruit and vegetables authorized importation under this
section.
(d) Amendment of import requirements.
Sec. 319.56-5 Pest-free areas.
Sec. 319.56-6 Trust fund agreements.
Sec. 319.56-7 Territorial applicability and exceptions.
Sec. Sec. 319.56-8 through 319.56-9 [Reserved]
Commodity-Specific Requirements
Sec. 319.56-10 Importation of fruits and vegetables from Canada.
Sec. 319.56-11 Importation of dried, cured, or processed fruits,
vegetables, nuts, and legumes.
Sec. 319.56-12 Importation of frozen fruits and vegetables.
Sec. 319.56-13 Additional requirements for certain fruits and
vegetables.
Sec. Sec. 319.56-14 through 319.56-19 [Reserved]
Sec. 319.56-20 Apples and pears from Australia (including Tasmania)
and New Zealand.
Sec. 319.56-21 Okra from certain countries.
Sec. 319.56-22 Apples and pears from certain countries in Europe.
Sec. 319.56-23 Apricots, nectarines, peaches, plumcot, and plums
from Chile.
Sec. 319.56-24 Lettuce and peppers from Israel.
Sec. 319.56-25 Papayas from Central America and Brazil.
Sec. 319.56-26 Melon and watermelon from certain countries in South
America.
Sec. 319.56-27 Fuji variety apples from Japan and the Republic of
Korea.
Sec. 319.56-28 Tomatoes from certain countries.
Sec. 319.56-29 Ya variety pears from China.
Sec. 319.56-30 Hass avocados from Michoacan, Mexico.
Sec. 319.56-31 Peppers from Spain.
Sec. 319.56-32 Peppers from New Zealand.
Sec. 319.56-33 Mangoes from the Philippines.
Sec. 319.56-34 Clementines from Spain.
Sec. 319.56-35 Persimmons from the Republic of Korea.
Sec. 319.56-36 Watermelon, squash, cucumber, and oriental melon
from the Republic of Korea.
Sec. 319.56-37 Grapes from the Republic of Korea.
Sec. 319.56-38 Clementines, mandarins, and tangerines from Chile.
Sec. 319.56-39 Fragrant pears from China.
Sec. 319.56-40 Peppers from certain Central American countries.
Relocation of Treatment Schedules and Other Treatment-related
Provisions to Part 305
APHIS recently amended the regulations in 7 CFR part 305 by listing
in that part treatment schedules for imported fruits and vegetables and
other requirements for certifying facilities and conducting treatments
(see 70 FR 33264-33326, Docket No. 02-019-1). Prior to that amendment,
treatment schedules were contained in the Plant Protection and
Quarantine (PPQ) Treatment Manual, which was incorporated by reference
into the regulations at 7 CFR 300.1.
The fruits and vegetables regulations also contain some treatment
schedules for certain imported fruits and vegetables. In some cases,
the schedules are the same as treatments now listed in part 305. In
other cases, the schedules are somewhat different than the treatments
specified in part 305. The discrepancies resulted from changes being
made in the past to the PPQ Treatment Manual without corresponding
changes being made to the fruits and vegetables regulations. In this
document, we are proposing to remove treatment schedules from the
fruits and vegetables regulations, as all current treatments for fruits
and vegetables are correctly set out in part 305.\3\
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\3\ The methyl bromide treatment schedule for cherimoyas from
Chile that is listed in current Sec. 319.56-2z is not longer in
use, and would be removed.
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The table below contains a list of treatment schedules currently
contained in the fruits and vegetables regulations, as well as the
identification number of appropriate treatment schedule for the given
commodity that is currently listed in part 305. Again, under this
proposal, all treatment schedules contained in the fruits and
vegetables regulations would be removed, and treatment of affected
commodities would have to be conducted in accordance with part 305.
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Location of treatment in Applicable
Commodity Origin Pests Treatment type subpart--fruits and treatment in part
vegetables 305
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Acorns and chestnuts............ All except Canada and Curculio elephas Methyl bromide 319.56-2b(a)(3)(i) and T-101-t-1.
Mexico. (Cyllenhal) and C. normal atmospheric 319.56-2b(a)(3)(iii).
nucum Linnaeus; the nut pressure (NAP).
fruit tortrix, et al.,
Cydia splendana
(Hubner), Cydia spp.,
and Hemimene juliana
(Curtis); and other
insect pests of
chestnuts and acorns.
Acorns and chestnuts............ All except Canada and Same as above........... Methyl bromide 319.56-2b(a)(3)(ii)..... T-101-u-1.
Mexico. (26'' vacuum).
Yams............................ All (except Japan)...... Internal and external Methy bromide (NAP) 319.56-21-(a)(2)........ T-101-f-3.
feeders.
Avocados........................ Medfly-, melon fly-, and Medfly, melon fly Methyl bromide 319.56-2o............... T-108-a.
Oriental fruit fly- (Batcrocera (NAP) and cold
infested areas. cucurbitae), Oriental treatment.
fruit fly (b. dorsalis).
Okra............................ Mexico, West Indies, Pink bollworm Methyl bromide 319.56-2p(b)(3)......... T-101-p-2.
South America. (Pectinophora (NAP).
gossypiella).
[[Page 25013]]
Cherimoya....................... Chile................... Chilean false spider Methyl bromide 319.56-2z(a)(1)......... Methyl bromide: N/
mite of grapes. (NAP), soapy water A; soapy water and
and wax. wax: T-102-b.
Mangoes......................... Philippines............. Bactrocera spp. fruit Vapor heat......... 319.56-2ii(b)........... T-106-d-1.
flies.
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Also, under Sec. 319.56-2(k) of the current regulations, treatment
by irradiation in accordance with part 305 may be substituted for other
treatments in part 305 for one or more of the plant pests listed in
Sec. 305.31(a). Since the proposed regulations would provide that
certain commodities be treated in accordance with an approved treatment
listed in part 305 of the regulations, we are proposing to remove the
provisions in Sec. 319.56-2(k) regarding the use of irradiation, as
the use of that treatment is covered under part 305.
Further, current Sec. 319.56-2n provides that fumigation with
methyl bromide at normal atmospheric pressure followed by refrigerated
storage in accordance with part 305 is an approved treatment for the
Medfly, the oriental fruit fly, and the grape vine moth, and for
certain pests of grapes and other fruit from Chile. Since all
provisions contained in current Sec. 319.56-2n would remain in force
under other sections in the revised regulations (as described in the
cross reference document), current Sec. 319.56-2n is redundant and
would be removed.
In addition to proposing to remove treatment schedules, we are also
proposing to move to part 305 other provisions of the fruits and
vegetables regulations that pertain to treatments. Specifically, we are
proposing to move to Sec. 305.15 the provisions contained in current
Sec. 319.56-2d, which pertain to the importation of cold treated
fruits and vegetables. Current Sec. 305.15 already contains
requirements related to the cold treatment of fruits and vegetables.
Any provisions contained in current Sec. 319.56-2d that are not
already present in Sec. 305.15 would be moved into Sec. 305.15. The
cross reference document shows where the current provisions in Sec.
319.56-2d would be located in proposed Sec. 305.15.
Many sections of the fruits and vegetables regulations require
treatments to be monitored by an inspector (as defined in current Sec.
319.56-1). We are proposing to remove these provisions from the fruits
and vegetables regulations, and consolidate them into one new section
in part 305. Under this proposal, the regulations in a new Sec. 305.3,
``Monitoring and certification of treatments,'' would require that all
treatments approved under part 305 be subject to monitoring and
verification by APHIS. This change would not represent a change in
program operations.
Further, we would add provisions to Sec. 305.3 to make clear the
existing requirement that any approved treatment listed in part 305
that is performed outside the United States must be monitored and
certified by APHIS or an official from the plant protection service of
the exporting country. We would also clarify the current requirement
that all consignments of agricultural commodities that are treated
outside the United States to be accompanied by a phytosanitary
certificate issued by an official of the plant protection service of
the exporting country certifying that treatment was applied in
accordance with APHIS regulations. We would require that the
phytosanitary certificate be provided to APHIS when the commodity is
offered for entry into the United States. We would also require that
the commodities must be stored and handled during the entire interval
between treatment and export in a manner that prevents any infestation
by plant pests and noxious weeds. These changes are necessary to ensure
commodities are treated in accordance with APHIS requirements and to
help ensure that they arrive in the United States free of quarantine
pests.
Section-by-Section Discussion of Additional Amendments
Additional proposed amendments to the regulations are discussed
below, by proposed section.
Notice of Quarantine (Proposed Sec. 319.56-1)
Current Sec. 319.56, also titled ``Notice of quarantine,''
prohibits the importation of fruits and vegetables except as
specifically provided in the fruits and vegetables regulations or in
regulations elsewhere in part 319. Proposed Sec. 319.56-1 would
replace existing Sec. 319.56, and would describe the authority the
Secretary of Agriculture has to regulate the importation of fruits and
vegetables.\4\ Proposed Sec. 319.56-1 would also continue to prohibit
the importation of fruits and vegetables into the United States, except
as provided in the fruits and vegetables regulations or elsewhere in
part 319.
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\4\ The Secretary of Agriculture has delegated authority for the
formulation, direction, and supervision of APHIS policies, programs,
and activities to the Administrator of APHIS.
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Definitions (Proposed Sec. 319.56-2)
The current list of definitions for terms used in the regulations
is contained in Sec. 319.56-1. Under this proposal, the list would be
moved to Sec. 319.56-2. We are proposing to remove, revise, and
relocate definitions for several terms currently defined in Sec.
319.56-1 and elsewhere in the regulations, as well as to add several
new definitions. All the new and revised definitions may be found in
Sec. 319.56-2 in the rule portion of this document.
Specifically, we are proposing to add definitions for commodity,
consignment, lot, national plant protection organization, phytosanitary
certificate, and phytosanitary measure. These additional definitions,
which will clarify the meaning of terms used in context of the revised
regulations, can be viewed in the rule portion of this document.
We are proposing to remove definitions for general written permit
and specific written permit. Those definitions would be removed because
the distinction between the two would no longer apply under the
proposed regulations in Sec. 319.56-3(b). See the discussion of
permits under Sec. 319.56-3 later in this document for additional
explanation.
We are proposing to replace the current definitions for commercial
shipment with a definition for commercial consignment in order to
eliminate confusion over what constitutes a ``shipment'' at the port of
entry into the United States. We would also add a definition for the
term noncommercial consignment. Since the term consignment has been
defined in the context of international trade
[[Page 25014]]
agreements, we would use that term in the regulations.
We are also proposing to move the definition for West Indies found
in Sec. 319.56-2p of the current regulations into proposed Sec.
319.56-2.
General Requirements for All Imported Fruits and Vegetables (Proposed
Sec. 319.56-3)
As explained earlier in this document, we are proposing to
consolidate all existing general requirements for imported fruits and
vegetables into Sec. 319.56-3. These requirements include provisions
that pertain to:
Freedom of imported fruits and vegetables from plant
debris;
Permits;
Ports of entry;
Inspection, treatment, and/or other requirements at the
port of first arrival;
Costs and charges for APHIS services; and
Responsibility for damages arising from quarantine actions
or procedures.
The current provisions for these requirements are contained in
Sec. Sec. 319.56-2 and 319.56-3 through 319.56-8. We propose to amend
the current general requirements as follows:
Freedom From Plant Debris
Under current Sec. 319.56-2(a), imported fruits and vegetables
must be free from plant debris, as that term is defined in the
regulations. This provision would remain unchanged under this proposal
and would be relocated in proposed Sec. 319.56-3.
Permits
Current Sec. 319.56-3 states that, except for fruits or vegetables
that may be imported under the general written permit provided in Sec.
319.56-2(b), (c), and (d), or for fruits and vegetables imported under
an oral permit in accordance with Sec. 319.56-3(d), no fruits or
vegetables may be imported unless a specific written permit has been
issued for the fruits or vegetables and unless the fruits or vegetables
meet all other applicable requirements of the regulations and any other
requirements specified by APHIS in the specific written permit.
We believe the distinction between specific and general written
permits is unnecessarily confusing, since general written permits
simply authorize, in the text of the regulations, the importation of
the following commodities without a specific written permit:
Certain dried, cured, or processed fruits and vegetables
(except frozen fruits and vegetables);
Certain fruits and vegetables grown in Canada; and
Certain fruits and vegetables grown in the British Virgin
Islands that are imported into the U.S. Virgin Islands.
Therefore, we are proposing to amend the regulations pertaining to
permits to state that the commodities described above may be imported
without a permit, while all other fruits and vegetables must be
imported under permit, in accordance with proposed Sec. 319.56-3(b).
The current provisions for importations under oral permits would still
apply under proposed Sec. 319.56-3(b)(4).
Other current provisions regarding application for permits;
issuance of permits; amendment, denial, or withdrawal of permits; and
appeals (contained in current Sec. Sec. 319.56-3 and 319.56-4) would
be relocated in paragraphs (b)(2), (b)(3), (b)(5), and (b)(6) of
proposed Sec. 319.56-3. The provisions for applying for permits would
also be updated to reflect the various means (mail, fax, Internet) now
available for applying for permits.
In this document, we are also proposing to add new provisions to
the regulations that would authorize APHIS to issue special use permits
that authorize the importation of small lots of fruits or vegetables
that are otherwise prohibited importation under the regulations,
provided that the fruits or vegetables:
Are not intended for commercial distribution;
Are to be imported, transported, stored, or held under
specific conditions that the Administrator has determined will mitigate
the pest risk posed by the imported fruits or vegetables to the extent
practicable; and
Are to be consumed, disposed of, destroyed, or re-exported
at a time and in a manner and place ordered by an inspector or as
specified in the permit.
These provisions would be contained in proposed Sec. 319.56-
3(b)(7), and would provide for the importation of fruits and vegetables
for special events such as trade shows, for diplomatic presentations,
and for scientific research. In each case, such imports would only be
allowed under strict conditions approved by the Administrator to
address the particular risk posed by the particular imported fruit or
vegetable.
Ports of Entry
Some of the current commodity-specific sections of the regulations
specify the ports of entry into which particular commodities may be
imported. We propose to remove those provisions and combine them into
one general provision, to be contained in proposed Sec. 319.56-3(c).
Proposed Sec. 319.56-3(c) would provide that ports of entry include
only those listed in the regulations of the Department of Homeland
Security's Bureau of Customs and Border Protection (CBP) in 19 CFR
101.3(b)(1), and that fruits and vegetables will be required to be
imported through specific ports only if so required under Subpart--
Fruits and Vegetables or part 305, or if so required under the
conditions of a permit issued for the importation of the particular
fruit or vegetable. This section would also make it clear that fruits
and vegetables that are to be treated for exotic fruit flies at ports
in the United States may only be imported into certain ports, as
provided in proposed Sec. 305.15. Provisions for these requirements
are contained in Sec. 319.56-2d of the current regulations.
Inspection, Treatment, and Other Requirements
Requirements currently contained in current Sec. 319.56-6
pertaining to the arrival of fruits and vegetables at ports of entry,
inspection and treatment of such fruits and vegetables, notice of
actions ordered by an inspector, refusal of entry, and release for
movement would be relocated in proposed Sec. 319.56-3(d). The current
provisions in Sec. 319.56-5 overlap with the provisions of Sec.
319.56-6 and other sections, and would be removed.
Current Sec. 319.56-7 authorizes inspectors to cooperate with
Customs inspectors in the examination of all baggage or other personal
belongings of passengers or members of crews of vessels or other
carriers whenever such examination is deemed necessary for the purpose
of enforcing the regulations with respect to the entry of any
prohibited or restricted fruits or vegetables or plants or portions of
plants which may be contained in the baggage or other belongings of
such persons. This provision is no longer essential for the purposes of
enforcing the proposed regulations given the consolidation of APHIS and
Customs inspection personnel in CBP, and as such, would be removed.
Costs and Charges for APHIS Services
Current Sec. 319.56-6 provides that APHIS will be responsible only
for the costs of providing the services of an inspector during
regularly assigned hours of duty and at the usual places of duty, and
that the owner of imported fruits or vegetables is responsible for all
additional costs of inspection, treatment, movement, storage, or
destruction ordered by an inspector under the regulations, including
any labor, chemicals, packing materials, or
[[Page 25015]]
other supplies required. Similar provisions regarding costs and charges
are contained in commodity-specific requirements in Sec. Sec. 319.56-
2a through 319.56-2oo. In this document, we are proposing to
consolidate all provisions pertaining to costs and charges for
inspection services into proposed Sec. 319.56-3(e). This change would
not affect program operations in any way, and would eliminate redundant
text from the regulations.
Responsibility for Damages Arising From Quarantine Actions or
Procedures
Some of the commodity-specific sections in Sec. Sec. 319.56-2a
through 319.56-2oo provide that USDA assumes no responsibility for any
damage to imported fruits or vegetables that results from treatments
required under the regulations. In this document, we are proposing to
consolidate all provisions pertaining to responsibility for damages
into proposed Sec. 319.56-3(f). Again, this change would not affect
program operations in any way and would eliminate redundant text from
the regulations.
Approval of Certain Fruits and Vegetables for Importation (Proposed
Sec. 319.56-4)
Current Sec. 319.56-2(e) provides that any other fruit or
vegetable, except those restricted to certain countries and districts
by special quarantine,\5\ other orders, or provisions of the fruits and
vegetables regulations \6\ may be imported from any country under a
permit issued in accordance with the fruits and vegetables regulations
if APHIS, after reviewing evidence presented to it, is satisfied that
the fruit or vegetable either:
---------------------------------------------------------------------------
\5\ The imporation of citrus fruits into the United States from
eastern and southeastern Asia and certain other areas is restricted
by Subpart--Citrus Fruit, Sec. 319.28.
\6\ Fruits and vegetables from designated countries or
localities that are subject to commodity-specific import
requirements prescribed in the fruits and vegetables regulations are
not subject to the regulations in Sec. 319.56-2(e) unless specified
otherwise. Such fruits and vegetables are, however, subject to all
other general requirements contained in the fruits and vegetables
regulations.
---------------------------------------------------------------------------
Is not attached in the country of origin by quarantine
pests;
Has been treated or is to be treated for all quarantine
pests that exist in the country of origin, in accordance with
conditions and procedures that may be prescribed by the Administrator;
Is imported from a definite area or district in the
country of origin that is free from all quarantine pests that attack
the fruit or vegetable and its importation is in compliance with the
criteria of Sec. 319.56-2(f); or
Is imported from a definite area or district of the
country of origin that is free from quarantine pests that attack the
fruit or vegetable and the criteria of Sec. 319.56-2(f) are met with
regard to those quarantine pests, provided that all other quarantine
pests that attack the fruit or vegetable in the area or district of the
country of origin have been eliminated from the fruit or vegetable by
treatment or any other procedures that may be prescribed by the
Administrator.
In short, the regulations in Sec. 319.56-2(e) provide that APHIS
may authorize the importation of a fruit or vegetable by simply issuing
a permit once it is satisfied that the criteria in that paragraph have
been met; those regulations do not envision that the fruit or vegetable
would have to be specifically listed in the regulations in order to be
eligible for entry. Until 1987, APHIS used those provisions in that
manner, issuing permits to authorize the entry of eligible fruits and
vegetables without adding those commodities to the regulations.\7\
---------------------------------------------------------------------------
\7\ A comprehensive list of fruits and vegetables that are
approved for importation, including those authorized importation
under the provisions of Sec. 319.56-2(e) but that are not
specifically listed in the regulations, may be found in the APHIS's
manual ``Regulating the Importation of Fruits and Vegetables.'' The
manual is posted on the Internet at http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm.
---------------------------------------------------------------------------
However, in 1987, in order to increase the transparency of our
decisionmaking with respect to the importation of fruits and
vegetables, we elected to begin listing all newly approved fruits and
vegetables in the regulations through notice-and-comment rulemaking.\8\
This approach has afforded the public the opportunity to comment on the
proposed importation of hundreds of commodities over the years.
However, the number of requests we receive from foreign exporters and
domestic importers to amend the regulations has been steadily
increasing since 1987, and we have concluded that a different approach
will be necessary if we are to keep pace with the volume of import
requests. We believe this new approach, which is described in detail
below, will enable us to be more responsive to the import requests of
our trading partners while preserving the transparency afforded by the
approach we initiated in 1987.
---------------------------------------------------------------------------
\8\ The first rule issued under this policy was finalized on
November 19, 1992 (see 57 FR 54485-54492, Docket No. 88-143-2).
---------------------------------------------------------------------------
Using our current process, in order for an additional fruit or
vegetable to be approved for importation, APHIS, after receiving the
import request, first gathers information on the commodity and then
performs a pest risk analysis. The pest risk analysis usually contains
two main components: (1) A risk assessment, to determine what pests of
quarantine significance are associated with the proposed import and
which of those are likely to follow the import pathway, and (2) a risk
management analysis, to identify phytosanitary measures that could be
applied to the proposed import and evaluate the potential effectiveness
of those measures. When the risk analysis is complete, APHIS may then
propose to allow the importation of the commodity through a proposed
rule published in the Federal Register. Following its evaluation of
public comments on the proposal and any other supporting documentation,
APHIS may then issue a final rule that specifically lists the fruit or
vegetable, and any applicable phytosanitary measures, in the
regulations. The results of a pest risk analysis may also reveal that
the risks posed by a proposed import cannot be sufficiently mitigated
for a variety of reasons, and such imports continue to be prohibited
importation into the United States.
The current process for approving new imports takes a significant
period of time, ranging on average from 18 months to over 3 years
(beginning with the initial request and ending with the publication of
a final rule). In this document, we are proposing to establish a
regulatory approach that would allow APHIS to approve or reject certain
fruits and vegetables for importation without specific prior rulemaking
(as was the case prior to 1987), but in a manner that (unlike our
process prior to 1987) would provide for public review and comment on
the scientific documentation on which such decisions would be based.
The process, which would be codified in proposed Sec. 319.56-4 (see
the rule portion of this document), would require the publication of
notices in the Federal Register to advise the public of the findings of
pest risk analyses, and would invite comment on those analyses prior to
authorizing any imports.
We believe the proposed process would measurably speed up the
evaluation and approval or denial of a large number of requests to
import additional fruits and vegetables, while continuing to provide
opportunity for public analysis of and comment on the science
associated with such imports.
This proposed process for approving imports would apply only to
commodities that, based on the findings of risk analysis, we determine
can be safely imported subject to one or more of the following
phytosanitary measures, which are referred to
[[Page 25016]]
elsewhere in this document as designated measures:
Inspection upon arrival in the United States and subject
to other general requirements of proposed Sec. 319.56-3; and
Certified origin from a pest-free area in the country of
origin in accordance with revised Sec. 319.56-5; and/or
Treatment for pest(s) in accordance with part 305; and/or
Inspection and certification that commodity is pest free
in the country of origin by the national plant protection organization
(NPPO) of the exporting country.
The importation of fruits and vegetables that require additional
phytosanitary measures beyond one or more of the designated measures
cited above would continue to require specific prior rulemaking. For
ease of discussion in this document, we refer to the proposed
streamlined process as the ``notice-based process'' and the existing
process as the ``rulemaking-based process.'' A flowchart to describe
the process for considering and evaluating commodity import requests
under the proposed regulations is shown as figure 1. Note that the
determination as to which process to follow (rulemaking or the notice-
based process) would be based exclusively on the conclusions of risk
analysis.
BILLING CODE 3410-34-P
[[Page 25017]]
[GRAPHIC] [TIFF OMITTED] TP27AP06.041
BILLING CODE 3410-34-C
[[Page 25018]]
Using the proposed process, when APHIS receives a request from an
NPPO \9\ to allow importation of an additional commodity, it would
gather information on the commodity and conduct a pest risk
assessment.\10\ When the assessment is complete, if quarantine pests
are associated with the commodity in the country or other region of
origin \11\, we would evaluate whether the risk posed by each
quarantine pest can be mitigated by one or more of the designated
measures cited previously in this document.\12\ If the designated
measures alone are not sufficient to mitigate the risk posed by the
import--i.e., if additional risk mitigation is required beyond one or
more of the designated phytosanitary measures--any further action on
approving the commodity for importation would be undertaken using the
rulemaking-based process for evaluating new imports. However, if APHIS
determines in a risk management analysis that the risk posed by each
identified quarantine pest associated with the fruit or vegetable in
the country or other region of origin can be mitigated by one or more
of the designated measures, our findings would be communicated using
the notice-based process; APHIS would publish in the Federal Register,
for a minimum of 60 days public comment, a notice announcing the
availability of the pest risk analysis. Each pest risk analysis made
available for public comment will specify which of the designated
phytosanitary measures would be required to be applied by APHIS.
---------------------------------------------------------------------------
\9\ All requests to allow the importation of a currently
prohibited fruit or vegetable into the United States must be
submitted by the NPPO of the exporting country to be considered by
APHIS.
\10\ On October 28, 2004, we published in the Federal Register
(69 FR 62823-62829, Docket No. 02-132-1) a proposal to amend the
regulations by establishing regulations governing the submission of
requests to change the part 319 import regulations. The proposed
regulations were designed to help ensure that foreign NPPOs provide
us with the information we need to prepare a risk analysis and/or
other analyses that evaluate the risks and other effects associated
with a proposed change to the regulations. Final action on that
proposal is pending.
\11\ Risk analyses could consider a country, part of a country,
or all or parts of several countries.
\12\ If no quarantine pests are identified in the PRA as likely
to follow the pathway, a detailed risk management analysis would
likely not be performed, but the importation of the commodity would
still be subject to the general requirements of proposed Sec.
319.56-3.
---------------------------------------------------------------------------
The following is a selection of commodities that have been approved
for importation by APHIS since 2002. Had the proposed regulations been
in place since that time, commodities in the left column would have
been evaluated for approval using the notice-based process, while
commodities in the right column would have been evaluated for approval
via rulemaking. Note that this list is not comprehensive; not all
recently approved commodities are listed.
------------------------------------------------------------------------
Notice-based process candidates Rulemaking required
------------------------------------------------------------------------
Blueberries from South America (70 FR Peppers from Central America
16431). (71 FR 11288).
Peppers from Chile (67 FR 61547)....... Fragrant Pears from China (70
FR 76133).
Basil from Honduras (67 FR 61547)...... Papayas from Brazil and Central
America (70 FR 16431).
Longans from China (67 FR 61547)....... Citrus from Chile (69 FR
71691).
Persimmon from Spain (67 FR 61547)..... Hass avocados from Mexico (69
FR 69748).
Fig from Mexico (67 FR 61547).......... Grapes from the Republic of
Korea (68 FR 70448).
Citrus from Australia (67 FR 61547).... Clementines from Spain (67 FR
64702).
------------------------------------------------------------------------
Under the streamlined process, APHIS would evaluate comments
received in response to our notice of availability of the risk
analysis. In the event that we receive no comments, or in the event
that commenters do not provide APHIS with analysis or data to reveal
that the conclusions of the pest risk analysis are incorrect and that
changes to the pest risk analysis are necessary, APHIS would then
publish another notice in the Federal Register announcing that the
Administrator has determined that, based on the information available,
the application of one or more of the designated measures described
above (and as specified in a given pest risk analysis) is sufficient to
mitigate the risk that plant pests or noxious weeds could be introduced
into or disseminated within the United States via the imported fruit or
vegetable. APHIS would begin issuing import permits for the particular
commodity, subject to the conditions described in the pest risk
analysis, beginning on the date the Federal Register notice is
published.
In the event that commenters provide APHIS with analysis or data
that reveals that changes to the pest risk analysis are necessary, and
if the changes made affect the conclusions of the analysis (i.e., that
inspection and origin from a pest-free area and/or treatment are not
sufficient to mitigate the risk posed by the identified pests), APHIS
would proceed as follows:
If additional phytosanitary measures beyond the designated
measures described earlier in this document are determined to be
necessary to mitigate the risk posed by the particular imported fruit
or vegetable to the extent practicable, as determined by the
Administrator, any further action on the commodity would follow the
rulemaking-based process.
If additional risk mitigation beyond the measures
evaluated in the pest risk analysis is determined to be required, but
the measures still only include one or more of the designated measures
described earlier in this document, APHIS may publish another notice
announcing that the Administrator has determined that, based on the
information available, the application of one or more of the designated
measures described earlier in this document is sufficient to mitigate
the risk that plant pests or noxious weeds could be introduced into or
disseminated within the United States via the imported fruit or
vegetable. APHIS would begin issuing import permits for the particular
commodity, subject to the conditions described in the revised pest risk
analysis, beginning on the date specified in the Federal Register
notice. Alternately, if APHIS believes that the revisions to the pest
risk analysis are substantial, and that there may be continued
uncertainty as to whether the designated measures are sufficient to
mitigate the risk posed by the fruit or vegetable, APHIS may elect to
make the revised risk analysis available for public comment via a
notice in the Federal Register, or may make any further action on
approving the commodity for importation subject to rulemaking.
Note that APHIS does not set policy or regulatory requirements
based on issues of economic competitiveness; our authority is tied to
risk, and therefore our decisionmaking is based on an analysis of risk.
While the proposed process would not preclude the submission of
comments regarding
[[Page 25019]]
issues unrelated to risk, comments on issues such as economic
competitiveness (e.g., comments that the proposed import would result
in decreased sales for domestic producers of the same commodity) would
not merit a detailed response by APHIS. This proposal would allow APHIS
to focus public discussion on the analysis of pest risk, which is the
primary basis for our decisionmaking. We believe this policy is
consistent with the provisions of the Plant Protection Act, as well as
international trade agreements.
The notice-based process would employ the use of Federal Register
notices to communicate APHIS's consideration and approval or denial of
requests that were previously only approved via rulemaking. As
described above, Federal Register notices would be used to announce the
availability of pest risk analyses for public comment. Federal Register
notices would also be used to announce when the Administrator has
determined that a particular commodity that has been subject to risk
analysis and public comment can, based on the findings of pest risk
analysis, be approved for importation into the United States. These
notices would make clear the conditions under which such importations
could occur (i.e., subject to inspection, and, if necessary, origin
from a pest-free area and/or treatment), and would state that APHIS
will immediately begin issuing permits for the importation of the
commodity. As described later in this document, these notices would
also be used to make available any documentation of our consideration
of the potential effects of the new imports on the environment, as
required under the National Environmental Policy Act, as well as any
other analyses determined by APHIS to be necessary under other Federal
Statutes, such as the Endangered Species Act.
If the notice-based process is adopted for use by APHIS, we would
not list commodities approved under this approach in the regulations,
though such commodities would be listed in APHIS's fruits and
vegetables manual and the documentation supporting their approval would
be made available on the Internet; we also would remove from the
regulations those listed commodities that are currently approved for
importation subject to one or more of the designated measures described
earlier in this document. Consequently, the lists of commodities
contained in current Sec. Sec. 319.56-2t and 319.56-2x would be
removed, as would a number of other provisions in current commodity-
specific sections in the regulations that authorize importation of
specific fruits or vegetables in accordance with one or more of the
designated measures.\13\ The following current sections would be
removed for this reason:
---------------------------------------------------------------------------
\13\ Some commodities listed in Sec. Sec. 319.56-2g, 319.56-2t,
and 319.56-2x are allowed importation subject to additional measures
beyond the designated measures described earlier in this document.
Those commodities would be required to be imported in accordance
with proposed Sec. 319.56-13, and would remain subject to the same
restrictions as currently apply to their importation. Commodities
that require such additional measures (e.g., box marking or
specified stages of ripeness) would continue to be authorized
importation through specific rulemaking.
Sec. 319.56-2e, ``Administrative instructions;
conditions governing the entry of cipollini from Morocco;''
Sec. 319.56-2g, ``Administrative instructions
prescribing method of treatment of garlic from specified
countries;''
Sec. 319.56-2h, ``Regulations governing the entry of
grapes from Australia;''
Sec. 319.56-2i, ``Administrative instructions
prescribing treatments for mangoes from Central America, South
America, and the West Indies;''
Sec. 319.56-2k, ``Administrative instructions
prescribing method of fumigation of field-grown grapes from
specified countries;''
Sec. 319.56-2l, ``Administrative instructions
prescribing method of treatment of imported yams;''
Sec. 319.56-2m, ``Administrative instructions
prescribing method of fumigation of apricots, grapes, nectarines,
peaches, plumcot, and plums from Chile;''
Sec. 319.56-2n, ``Administrative instructions
prescribing a combination treatment of fumigation plus refrigeration
for certain fruits;''
Sec. 319.56-2o, ``Administrative instructions
prescribing method of treatment of avocados for the Mediterranean
fruit fly, the melon fly, and the Oriental fruit fly;''
Sec. 319.56-2q, ``Administrative instructions:
Conditions governing the entry of citrus from South Africa;''
Sec. 319.56-2v, ``Conditions governing the entry of
citrus from Australia;'' and
Sec. 319.56-2z, ``Administrative instructions
governing the entry of cherimoyas from Chile.''
Additionally, paragraphs (b) and (c) of Sec. 319.56-2y (pertaining
to the importation of cantaloupe, honeydew melons, and watermelon from
Brazil and Venezuela) would also be removed for the same reason.
As explained earlier in this document, the same restrictions that
currently apply under the sections listed above would continue to
apply.
We recognize that removing a large number of commodities from the
regulations may cause some confusion as to whether a particular
commodity is approved for importation into the United States, and under
what conditions. However, for many years, APHIS has maintained a fruits
and vegetables manual that was designed to be a hands-on reference for
our inspectors. The manual is a complete reference for all approved
fruit and vegetable imports: In addition to mirroring or referencing
requirements for all commodities whose importation is authorized under
the regulations, the manual contains listings and requirements for
fruits and vegetables that had been authorized importation prior to
September 30, 1987, and that continue to be allowed importation under
permit and subject to the same conditions that were applied prior to
that date, but that are not specifically listed in the regulations. The
manual is available for viewing on the APHIS Web site at http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm, and is frequently
used by importers and other interested persons, in addition to APHIS
personnel.
Under this proposal, commodities that meet the requirements in
proposed Sec. 319.56-4 would be added to the manual, but not the
regulations. Furthermore, the manual will list which of the designated
measures apply to such commodities. Note that before we would publish
any final rule amending the regulations as described in this document,
APHIS intends to revise the manual to simplify it and make it easier to
use. We are in early stages of converting the manual into a searchable
database that will allow interested persons to search by commodity or
by country, and that will list clearly the conditions that apply to
each particular commodity from a specified country. A searchable
database is already available at: https://manuals.cphst.org/q56/Q56Main.cfm, but we are planning to replace it with one that is easier
to use and understand. We envision the revised manual as a
comprehensive source for all types of users: inspectors, importers, and
other members of the public.
We would also include in proposed Sec. 319.56-4 provisions that
would allow APHIS to amend import requirements or withdraw approval of
particular commodities whose importation is approved under Sec.
319.56-4. Specifically, APHIS could amend import requirements if we
determine that the designated phytosanitary measures are not sufficient
to mitigate the risk posed by the particular fruit or vegetable. This
could occur due to interceptions of new pests in imported fruits or
vegetables or the discovery of types of new evidence of risk. Under
this provision, APHIS could prohibit or further restrict importation of
the
[[Page 25020]]
particular fruit or vegetable by publishing a notice in the Federal
Register advising the public of its finding. In such cases, APHIS would
take immediate action as appropriate at ports of entry, and would
follow such action as quickly as practicable with notice in the Federal
Register. The notice would specify the amended import requirements,
provide an effective date for the change, and would invite public
comment on the subject. It is likely that most such actions would be
effective immediately, in order to address newly identified risks in
timely fashion; however, if there is uncertainty as to the risk posed,
APHIS may request comment on a change in import conditions prior to
making such a change effective.
We would also encourage parties interested in being informed of
changes to our import policies, such as those proposed in this rule, to
register for APHIS''s stakeholder registry at https://web01.aphis.usda.gov/PPQStakeWeb2.nsf. Persons who register and who
select ``plant imports'' and ``fruits and vegetables'' as topics of
interest would be notified when changes to our fruit and vegetable
import policies are made, including when we make import risk analyses
available for comment or approve new imports using the proposed
process.
Commercial Shipments
Often, pest risk analyses for the importation of new commodities
consider only the risks posed by commercially produced and shipped
fruit; non-commercial shipments may pose an entirely different pest
risk than commercial shipments. Currently, and as indicated elsewhere
in this document (see proposed Sec. 319.56-13), many fruits and
vegetables may only be imported in commercial shipments for that
reason. We are inviting comment on whether we should add ``commercial
shipments only'' as a fifth designated measure under the proposed
regulations in Sec. 319.56-4.
Pest-Free Areas (Proposed Sec. 319.56-5)
Current Sec. 319.56-2(e) establishes area freedom from pests as a
phytosanitary measure for the purposes of the fruits and vegetables
regulations. Under Sec. 319.56-2(e), fruits and vegetables (except
those for which there are commodity-specific provisions in the fruits
and vegetables regulations or elsewhere in part 319) may be imported
under a permit and upon compliance with the regulations, if APHIS is
satisfied that the fruit or vegetable either:
Is not attacked in the country of origin by quarantine
pests;
Is imported from a definite area or district in the
country of origin that is free from all quarantine pests that attack
the fruit or vegetable, and the area or district meets APHIS
requirements in Sec. 319.56-2(f) for pest freedom; or
Is imported from a definite area or district of the
country of origin that is free from quarantine pests that attack the
fruit or vegetable, and the area or district meets APHIS requirements
in Sec. 319.56-2(f) for pest freedom, provided that all other
quarantine pests that attack the fruit or vegetable in the area or
district of the country of origin have been eliminated from the fruit
or vegetable by treatment or any other procedures that may be
prescribed by the Administrator.
Currently, APHIS-approved pest-free areas in foreign countries are
listed in Sec. 319.56-2 (h) and (j) and in various commodity-specific
sections of the fruits and vegetables regulations (e.g., Sec. Sec.
319.56-2q, 319.56-2v, 319.56-2y, 319.56-2ii). A comprehensive list of
pest-free areas that currently meet APHIS standards may be viewed on
the Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov.).
APHIS currently recognizes changes in the pest-free status of
countries via rulemaking. For example, if an area within a country
where fruit flies are known to exist is determined to be free of fruit
flies, in order for a fruit or vegetable that is a fruit fly host to be
imported from that area without treatment or other mitigation for fruit
flies, APHIS lists the specific area in the regulations as a fruit fly-
free area. If changes in the pest-free status of such areas occur,
APHIS again revises the regulations to recognize the change. Given the
time it takes to propose a change to the regulations, accept comments
on the proposal, and publish a final rule amending the regulations, the
regulations often do not reflect the actual status of a particular
area.
In this document, we are proposing to establish criteria within the
egulations that, if met, would allow APHIS to be more responsive in
recognizing changes in the pest-free status of foreign areas. Under
proposed Sec. 319.56-5, when APHIS is provided with evidence that the
pest-free status of a foreign area has changed, we will publish in the
Federal Register a notice announcing the change in status and take
public comments on the notice for 60 days. The notice would make
available copies of the information showing that the area in question
meets the following criteria (which are the same criteria provided in
the current regulations):
(1) APHIS made a determination that the area is free of specified
pest(s) in accordance with the criteria for establishing freedom from
pests found in International Standard for Phytosanitary Measures No. 4,
``Requirements for the establishment of pest free areas.'' (The
international standard was established by the International Plant
Protection Convention of the United Nations' Food and Agriculture
Organization and is incorporated by reference at 7 CFR 300.5.)
(2) APHIS has approved the survey protocol used to determine and
maintain pest-free status, as well as protocols for actions to be
performed upon detection of a pest. (Pest-free areas are subject to
audit by APHIS to verify their status.)
If public comments submitted to APHIS provide evidence that our
determination of pest-freedom is incorrect, APHIS would announce in a
subsequent Federal Register notice that the status of the area in
question has changed.
A comprehensive list of pest-free areas would continue to be made
available by APHIS on the Internet, but no such list would be contained
in the regulations. Rather, the regulations would simply identify the
standards an area must meet to be considered pest free, as shown in
proposed Sec. 319.56-5.
In conjunction with this proposed change, we would also include a
provision in proposed Sec. 319.56-5 regarding how we would acknowledge
the decertification of pest-free areas. In the event of pest
infestation in an approved pest-free area, APHIS would publish in the
Federal Register a notice announcing that the pest-free status of the
area in question has been withdrawn, and that imports of host crops for
the pest in question are subject to application of an approved
treatment. If a treatment for the pest is not available, the imports
would be prohibited importation. In order for a decertified pest-free
area to be reinstated, it would have to be approved by APHIS and meet
the criteria for establishing freedom from pests found in International
Standard for Phytosanitary Measures No. 4, ``Requirements for the
establishment of pest free areas.''
In addition to the proposed changes described above, we would
consolidate existing restrictions on fruits and vegetables imported
from pest-free areas into proposed Sec. 319.56-5, including
requirements for labeling of fruits and vegetables. Requirements for
labeling
[[Page 25021]]
are currently contained in Sec. 319.56-2(g). Additionally, we would
clarify the existing requirement that the imported fruits and
vegetables would have to be accompanied by a phytosanitary certificate
bearing an additional declaration that the fruits or vegetables
originated in a pest-free area that meets the requirements of Sec.
319.56-5(a) and (b).
Also, in conjunction with this change, we would clarify and
strengthen the current requirements in Sec. 319.56-2(g) regarding
safeguarding of fruits and vegetables that are imported from pest-free
areas. We would require fruits or vegetables moved from a pest-free
area into or through a non-free area to be safeguarded during the time
they are present in a non-free area by insect-proof mesh screens or
plastic tarpaulins, including while in transit to the packing house and
while awaiting packaging. Further, we would require fruits or
vegetables that are moved through a non-free area during transit to a
port to be packed in insect-proof cartons or containers or be covered
by insect-proof mesh or plastic tarpaulins during transit to the port
and subsequent export to the United States. These safeguards would
provide necessary protection of imported commodities against pest
infestation while they are in transit to the United States and are
consistent with standard operating procedures of all current programs
for the export of fruits or vegetables from pest-free areas.
Trust Fund Agreements (Proposed Sec. 319.56-6)
Several of the current commodity-specific regulations contain
provisions regarding the establishment of trust funds for the payments
of APHIS services that are provided in foreign countries. The language
of those provisions is generally consistent from one section to
another, and as a result, the regulations contain a great deal of
redundant text. To eliminate the redundant text, we propose to simplify
the language in each section where it exists, and reference a new
general trust fund provision, to be contained in proposed Sec. 319.56-
6. This change is purely editorial in nature and would not affect the
operation of any current or future APHIS programs. The following
sections of the current regulations contain trust fund agreement
stipulations that would be amended under this proposal: Sec. Sec.
319.56-2h, 319.56-2r, 319.56-2s, 319.56-2z, 319.56-2cc, 319.56-2dd,
319.56-2ff, 319.56-2ii, 319.56-2jj, and 319.56-2mm.
Territorial Applicability and Exceptions (Proposed Sec. 319.56-7)
The regulations in ``Subpart--Fruits and Vegetables'' generally
apply to fruits and vegetables imported into any U.S. State, including
U.S. territories and possessions. However, the regulations also provide
for the importation of certain fruits and vegetables into certain
territories and possessions under conditions that differ from the
conditions that apply to importations into the rest of the United
States. For example, current Sec. 319.56a contains special
restrictions that apply to the importation of fruits and vegetables
into Guam. Also, Sec. 319.56-2(d) contains restrictions that apply to
the importation of fruits and vegetables into the U.S. Virgin Islands
from the British Virgin Islands. Additional provisions pertaining to
importations of fruits and vegetables into U.S. territories are located
in current Sec. Sec. 319.56, 319.56-2, 319.56-2a, and Sec. 319.56-8.
We are proposing to simplify the regulations by consolidating all
territorial import requirements into one section, proposed Sec.
319.56-7. The requirements pertaining to Guam would be contained in
proposed Sec. 319.56-7(b), and requirements pertaining to the U.S.
Virgin Islands would be contained in proposed Sec. 319.56-7(c). In
conjunction with these changes, we are proposing to amend the existing
territorial import requirements to update place names, to reflect
changes in political associations, and to update import conditions
based on changes in pest prevalence in exporting countries.
Specifically, we would remove the provision in current Sec.
319.56-2a(a)(1) regarding imports from the Marianas Islands into Guam.
The entire Marianas Island Archipelago, except Guam, is part of the
Commonwealth of the Northern Marianas Islands (CNMI), which is under
U.S. administration. Any requirements pertaining to movements of fruits
and vegetables into Guam from other U.S. States (as defined in proposed
Sec. 319.56-2 to include CNMI) should be located in 7 CFR part 318--
Hawaiian and Territorial Quarantine Notices. However, the regulations
in part 318 are outdated and do not cover movements of fruits and
vegetables from CNMI to the continental United States. The regulations
in part 318 require additional amendment; however, the additional
amendments are outside the scope of this proposal, which focuses on the
revision of the fruits and vegetables regulations. Therefore, we would
make no changes to part 318 in this action, but would make the
necessary revisions to part 318 in a separate rulemaking. In the
meantime, we would continue to administratively enforce restrictions on
the movement of fruits and vegetables from CNMI.
We would update references to the Caroline Islands in Sec.
319.56a(a)(3) and Netherlands New Guinea in Sec. 319.56a(a)(8). The
Caroline Islands are currently known as Palau and the Federated States
of Micronesia, and Netherlands New Guinea is currently known as Papua
New Guinea.
The current regulations in Sec. 319.56a provide that Allium spp.
may be imported into Guam without treatment. We are proposing to
clarify that only Allium spp. without tops may be imported into Guam,
due to the presence of the leaf tip die back disease, Mycosphaerella
schoenoprasi, and exotic species of leaf miners of Allium spp. in
countries that regularly trade with Guam. Those pests, which are
associated with the Allium spp. tops and are not pests of Allium spp.
bulbs, are not present in Guam. The restrictions on the importation of
Allium spp. tops is necessary to prevent the introduction of
Mycosphaerella schoenoprasi and exotic species of leaf miners into
Guam.
In addition, we would remove the provision in current Sec.
319.56a(d) that prohibits the importation of coconuts with husks into
Guam from the Trust Territory (i.e., the former U.N. Trust Territory of
the Pacific under U.S. administration, now Palau, the Marshall Islands,
the Northern Mariana Islands, and the Federated States of Micronesia).
Under proposed Sec. 319.56-7(b)(1)(xi), all fruits and vegetables
approved for entry into any other part or port of the United States may
be imported into Guam; and coconuts without husks are eligible for
importation into all U.S. States under the provisions of proposed Sec.
319.56-4. Coconuts with husks are not approved for importation into the
United States under the regulations.
We would also remove the provisions in current Sec. 319.56a(e),
which state that application of the provisions of current Sec. Sec.
319.56-2d, 319.56-2e, 319.56-2g, 319.56-2k, 319.56-2l, and 319.56-2p is
impracticable in the case of traffic into Guam (due to lack of
treatment facilities) and therefore such application is withdrawn. Guam
now has a treatment facility adequate to treat commodities enterable
under the sections cited above, and therefore, current Sec. 319.56a(e)
is no longer accurate.
We would also remove a provision now in Sec. 319.56(c) that
provides that the Administrator may, by permit, authorize importations
into Guam under
[[Page 25022]]
conditions specified in the permit that are less stringent than those
contained in ``Subpart--Fruits and Vegetables.'' The proposed special
use permit regulations in Sec. 319.56-3(b)(7) would provide an
equivalent means for authorizing the importation of fruits and
vegetables into Guam as is currently allowed under Sec. 319.56(c).
Sections 319.56-8 through 319.56-9 would be reserved to provide
additional space in ``Subpart--Fruits and Vegetables'' for future
amendments, should such amendments be needed.
Importation of Fruits and Vegetables From Canada (Proposed Sec.
319.56-10)
Under current Sec. 319.56-2(c), fruits and vegetables grown in
Canada (except potatoes from Newfoundland and that portion of the
Municipality of Central Saanich in the Province of British Columbia
east of the West Saanich Road) may be imported into the United States
without further restriction. This provision would remain unchanged
under this proposal and would be relocated in proposed Sec. 319.56-10.
Importation of Dried, Cured, or Processed Fruits, Vegetables, Nuts, and
Legumes (Proposed Sec. 319.56-11)
Under current Sec. 319.56-2, dried, cured, or processed fruits,
vegetables, nuts, and legumes are allowed importation into the United
States without a permit or phytosanitary certificate, unless the
regulations specifically provide otherwise. Exceptions are contained in
Sec. Sec. 319.56-2a and 319.56-2b. Under the proposed regulations, the
provisions regarding importation of coconuts into Guam from the Trust
Territory would be removed, and the remaining exceptions would be moved
to proposed Sec. 319.56-11, for the same reasons described under the
description of proposed Sec. 319.56-7 above.
The provisions regarding exceptions would also be reorganized and
simplified. Enforceable provisions would remain unchanged, except that
we would add a new provision prohibiting the importation of macadamia
nuts in the husk or shell from all countries or regions, except from
St. Eustatius. This proposed provision is consistent with current APHIS
policy on the importation of macadamia nuts and is necessary to protect
against the introduction of exotic pests associated with macadamia nuts
from foreign countries or regions other than St. Eustatius. Any imports
of macadamia nuts in the husk or shell from other countries or regions
would be contingent on the findings of pest risk analysis.
Importation of Frozen Fruits and Vegetables (Proposed Sec. 319.56-12)
Current Sec. 319.56-2c prescribes quick freezing in accordance
with part 305 as a satisfactory treatment for all fruits and vegetables
enterable under permit under Sec. 319.56. Such frozen fruits and
vegetables may be imported from any country under permit, in compliance
with Sec. Sec. 319.56-1 through 319.56-7 (exclusive of non-related
administrative instructions), at ports authorized in the permits. The
regulations also provide that the importation of frozen fruits and
vegetables is not authorized when such fruits and vegetables are
subject to attack in the area of origin by plant pests that may not, in
the judgment of the Administrator, be destroyed by freezing.
We are proposing to simplify the text of the requirements for
importing frozen fruits and vegetables to provide that frozen fruits
and vegetables may be imported into the United States only if they are
quick frozen in accordance with part 305. The regulations would also
provide that the importation of certain frozen fruits and vegetables is
not authorized when the fruits and vegetables are subject to attack in
the area of origin by plant pests that may not be destroyed by
freezing. These provisions would be located in proposed Sec. 319.56-
12. These changes are not substantive and would not affect existing
entry requirements for imported frozen fruits and vegetables.
Additional Requirements for Certain Fruits and Vegetables (Proposed
Sec. 319.56-13)
The majority of fruits and vegetables listed in current Sec.
319.56-2t are allowed importation into the United States subject to
inspection and other universal requirements. Similarly, the majority of
fruits and vegetables listed in current Sec. 319.56-2x are allowed
importation into the United States with treatment, in addition to
inspection and other universal requirements. In addition, under Sec.
319.56-2g, garlic may be imported from certain countries with
treatment, in addition to inspection and other universal requirements.
As explained elsewhere in this document, most such commodities would no
longer be listed in the regulations under this proposal. However, as
also explained earlier in this document, some commodities listed in
current Sec. Sec. 319.56-2g, 319.56-2t and 319.56-2x, as well as some
commodities not listed in the regulations but that are allowed
importation under permit in accordance with Sec. 319.56-2(e), are
allowed importation subject to additional measures beyond inspection
and treatment. We are proposing to list those commodities, and any
requirements that apply to their importation beyond the general
requirements of Sec. 319.56-3, in Sec. 319.56-13. Such commodities
would remain subject to the same restrictions that currently apply to
their importation. See proposed Sec. 319.56-13 for a list of
commodities and applicable requirements. Authorization of additional
commodities subject to any of these additional measures or measures
other than the designated measures described earlier in this document
would continue to require prior specific rulemaking.
Sections 319.56-14 through 319.56-19 would be reserved to provide
additional space in ``Subpart--Fruits and Vegetables'' for future
amendments, should such amendments be needed.
Commodity-Specific Provisions (Proposed Sec. Sec. 319.56-20 Through
319.56-40)
Sections 319.56-2a through 319.56-2oo contain restrictions on the
importation of specific commodities. As explained elsewhere in this
document, a number of these sections will be removed if this proposal
is adopted. However, all or part of the following sections would be
retained under this proposal:
Sec. 319.56-2j, ``Conditions governing the entry of
apples and pears from Australia (including Tasmania) and New
Zealand;''
Sec. 319.56-2p, ``Administrative instructions
prescribing treatment and relieving restrictions regarding
importation of okra from Mexico, the West Indies, and certain
countries in South America;''
Sec. 319.56-2r, ``Administrative instructions
governing the entry of apples and pears from certain countries in
Europe;''
Sec. 319.56-2s, ``Administrative instructions
governing the entry of apricots, nectarines, peaches, plumcot, and
plums from Chile;''
Sec. 319.56-2u, ``Conditions governing the entry of
lettuce and peppers from Israel;''
Sec. 319.56-2w, ``Administrative instruction;
conditions governing the entry of papayas from Central America and
Brazil;''
Sec. 319.56-2y, ``Conditions governing the entry of
melon and watermelon from certain countries in South America;''
Sec. 319.56-2aa, ``Conditions governing the entry of
watermelon, squash, cucumber, and oriental melon from the Republic
of Korea;''
Sec. 319.56-2cc, ``Administrative instructions
governing the entry of Fuji variety apples from Japan and the
Republic of Korea;''
Sec. 319.56-2dd, ``Administrative instructions:
conditions governing the entry of tomatoes;''
Sec. 319.56-2ee, ``Administrative instructions:
Conditions governing the entry of Ya variety pears from China;''
Sec. 319.56-2ff, ``Administrative instructions
governing movement of Hass
[[Page 25023]]
avocados from Michoacan, Mexico, to approved States;''
Sec. 319.56-2gg, ``Administrative instructions;
conditions governing the entry of peppers from Spain;''
Sec. 319.56-2hh, ``Conditions governing the entry of
peppers from New Zealand;''
Sec. 319.56-2ii, ``Administrative instructions:
conditions governing the entry of mangoes from the Philippines;''
Sec. 319.56-2jj, ``Administrative instructions;
conditions governing the importation of clementines from Spain;''
Sec. 319.56-2kk, ``Persimmons from the Republic of
Korea.''
Sec. 319.56-2ll, ``Conditions governing the entry of
grapes from the Republic of Korea;''
Sec. 319.56-2mm, ``Conditions governing the
importation of clementines, mandarins, and tangerines from Chile.''
Sec. 319.56-2nn, ``Administrative instructions:
Conditions governing the entry of fragrant pears from China.'' and
Sec. 319.56-2oo, ``Administrative instructions:
Conditions governing the entry of peppers from certain Central
American countries.''
Under this proposal, some or all of the provisions contained in the
sections listed above would be relocated to new sections of the
proposed regulations, as shown in the cross reference document. In some
cases, we would make no revisions to the actual content of the
sections, but simply change paragraph and section designations. In
other cases, we are proposing to amend the text to make the regulations
easier to understand, to correct errors, or to update them to reflect
current APHIS operating procedures. None of these changes would
represent significant changes in import policy. Proposed changes that
are substantive in nature are described first, by section. Non-
substantive editorial changes are described next, also by section.
Proposed Substantive Revisions
Okra From Certain Countries (Proposed Sec. 319.56-21)
Current Sec. 319.56-2p contains varying restrictions on the
importation of okra from countries where the pink bollworm
(Pectinophora gossypiella) is known to exist. The regulations are
outdated, and contain differing restrictions for the importation of
okra from countries even though the regulations are all aimed at
excluding pink bollworm from the United States, and despite the fact
that the conditions in the regulations are inconsistent with those
enforced by inspectors at ports of entry. Under this proposal, the
majority of provisions contained in current Sec. 319.56-2p would be
relocated to proposed Sec. 319.56-21, and all imports from pink
bollworm-infested areas would be subject to the same requirements. The
proposed revisions would bring our okra import regulations up to date
with current practice and would make the import provisions equivalent
to our domestic regulations that pertain to pink bollworm (7 CFR 301.52
through 301.52-10).
Apricots, Nectarines, Peaches, Plumcot, and Plums From Chile (Proposed
Sec. 319.56-23)
Current Sec. 319.56-2s contains restrictions on the importation of
apricots, nectarines, peaches, plumcot, and plums from Chile. Under
this proposal, all provisions contained in current Sec. 319.56-2s
would be relocated to proposed Sec. 319.56-23, except that the
provision in Sec. 319.56-2s(b) pertaining to trust fund agreements
would be amended and become part of revised Sec. 319.56-6, as
explained earlier in this document. In addition, we would update the
provisions in current paragraph (d)(1) to ensure the regulations
reflect current APHIS operating practices regarding biometric sampling
of fruit. The sampling regimens specified in the current regulations
would be removed and replaced with provisions that require sampling,
but which do not specify the percentage of fruit to be sampled or the
confidence level of the inspection. This change is necessary because
sampling levels change depending on the pest dynamics associated with
the commodity being imported, and the regulations should be designed to
account for appropriate increases or decreases in sampling rates.
Tomatoes From Certain Countries (Proposed Sec. 319.56-28)
Current Sec. 319.56-2dd contains restrictions on the importation
of tomatoes from certain countries. Under this proposal, all provisions
contained in current Sec. 319.56-2dd would be relocated to proposed
Sec. 319.56-28, except that: (1) The provision in Sec. 319.56-
2dd(d)(3) pertaining to trust fund agreements would be amended and
become part of revised Sec. 319.56-6, as explained earlier in this
document; and (2) the various provisions pertaining to packing and
safeguarding of tomatoes would be amended to require tomatoes to be
safeguarded from the time of harvest through export by insect-proof
mesh screens or plastic tarpaulins, including while in transit to the
packing house and while awaiting packaging. In addition, tomatoes would
be required to be packed in insect-proof cartons or containers, or
covered by insect-proof mesh or plastic tarpaulins during transit to
the airport and subsequent export to the United States. These proposed
revisions are necessary to ensure that tomatoes are safeguarded against
insect infestation prior to shipment to the United States. The current
regulations require packaging and containers to be fruit fly-proof, not
insect-proof.
Proposed Non-Substantive Revisions
Apples and Pears From Australia (Including Tasmania) and New Zealand
(Proposed Sec. 319.56-20)
Current Sec. 319.56-2j contains restrictions on the importation of
apples and pears from Australia (including Tasmania) and New Zealand.
Under this proposal, most provisions contained in current Sec. 319.56-
2j would be relocated to proposed Sec. 319.56-20.\14\ This change
would not substantively affect the current regulations, but would make
them easier to understand.
---------------------------------------------------------------------------
\14\ As explained elsewhere in this document, general provisions
such as those contained in Sec. 319.56-2j(a)(3) through (a)(6)
would be consolidated into provisions of general applicability
(universal requirements) in proposed Sec. Sec. 319.56-3 and 305.3.
---------------------------------------------------------------------------
Apples and Pears From Certain Countries in Europe (Proposed Sec.
319.56-22)
Current Sec. 319.56-2r contains restrictions on the importation of
apples and pears from certain countries in Europe. Under this proposal,
all provisions contained in current Sec. 319.56-2r would be relocated
to proposed Sec. 319.56-22, except that the provision in Sec. 319.56-
2r(b) pertaining to trust fund agreements would be amended and become
part of proposed Sec. 319.56-6, as explained earlier in this document.
Lettuce and Peppers From Israel (Proposed Sec. 319.56-24)
Current Sec. 319.56-2u contains restrictions on the importation of
lettuce and peppers from Israel. Under this proposal, all provisions
contained in current Sec. 319.56-2u would be relocated to proposed
Sec. 319.56-24.
Papayas From Central America and Brazil (Proposed Sec. 319.56-25)
Current Sec. 319.56-2w contains restrictions on the importation of
papayas from Central America and Brazil. Under this proposal, all
provisions contained in current Sec. 319.56-2w would be relocated to
proposed Sec. 319.56-25.
Melon and Watermelon From Certain countries in South America (Proposed
Sec. 319.56-26)
Current Sec. 319.56-2y contains restrictions on the importation of
melon and watermelon from certain countries in South America.
Specifically:
[[Page 25024]]
Paragraph (a) pertains to the importation of cantaloupe
and watermelon from Ecuador;
Paragraph (b) pertains to the importation of cantaloupe,
honeydew melons, and watermelon from Brazil;
Paragraph (c) pertains to the importation of cantaloupe,
honeydew melons, and watermelon from Venezuela; and
Paragraph (d) pertains to the importation of cantaloupe,
netted melon, vegetable melon, winter melon, and watermelon from Peru.
Under this proposal, all provisions contained in paragraph (a)
would be relocated to proposed Sec. 319.56-26. The provisions of
paragraphs (b) and (c) would be removed from the regulations because
their importation would be authorized under proposed Sec. 319.56-4.
The basic provisions of paragraph (d) would be moved to proposed Sec.
319.56-26, except that some provisions regarding origin of the fruit
from a pest free area would be covered under proposed Sec. 319.56-5.
Fuji Variety Apples From Japan and the Republic of Korea (Proposed
Sec. 319.56-27)
Current Sec. 319.56-2cc contains restrictions on the importation
of Fuji variety apples from Japan and the Republic of Korea. Under this
proposal, all provisions contained in current Sec. 319.56-2cc would be
relocated to proposed Sec. 319.56-27, except that the provisions in
paragraphs (c) and (d) of Sec. 319.56-2cc would be revised or removed
as explained earlier in this document under the headings ``Trust Fund
Agreements (Proposed Sec. 319.56-6)'' and ``General requirements for
all imported fruits and vegetables (Proposed Sec. 319.56-3).'' We
would also amend current Sec. 319.56-2cc(a) to remove the reference to
the kanzawa mite (Tetranychus kanzawai). This mite is no longer
considered a quarantine pest because it exists in the United States,
and there is no official control program for it. This change would have
no effect on current import conditions, as the treatment required for
kanzawa mite would still be required to address the risk posed by other
identified pests of apples.
Ya Variety Pears From China (Proposed Sec. 319.56-29)
Current Sec. 319.56-2ee contains restrictions on the importation
of Ya variety pears from China. Under this proposal, all provisions
contained in current Sec. 319.56-2ee would be relocated to proposed
Sec. 319.56-29.
Hass Avocados From Michoacan, Mexico (Proposed Sec. 319.56-30)
Current Sec. 319.56-2ff contains restrictions on the importation
of Hass avocados from Michoacan, Mexico. Under this proposal, all
provisions contained in current Sec. 319.56-2ff would be relocated to
proposed Sec. 319.56-30, except that the provision in Sec. 319.56-
2ff(b) pertaining to trust fund agreements would be amended and become
part of revised Sec. 319.56-6, as explained earlier in this document.
Peppers From Spain (Proposed Sec. 319.56-31)
Current Sec. 319.56-2gg contains restrictions on the importation
of peppers from Spain. Under this proposal, all provisions contained in
current Sec. 319.56-2gg would be relocated to proposed Sec. 319.56-
31.
Peppers From New Zealand (Proposed Sec. 319.56-32)
Current Sec. 319.56-2hh contains restrictions on the importation
of peppers from New Zealand. Under this proposal, all provisions
contained in current Sec. 319.56-2hh would be relocated to proposed
Sec. 319.56-32.
Mangoes From the Philippines (Proposed Sec. 319.56-33)
Current Sec. 319.56-2ii contains restrictions on the importation
of mangoes from the Philippines. Under this proposal, all provisions
contained in current Sec. 319.56-2ii would be relocated to proposed
Sec. 319.56-33, except that:
The provisions in Sec. 319.56-2ii(b) regarding the
treatment schedule and procedure for mangoes would be removed, as those
provisions also exist in part 305.
The provision in Sec. 319.56-2ii(f) pertaining to trust
fund agreements would be amended and become part of revised Sec.
319.56-6, as explained earlier in this document.
The provision in Sec. 319.56-2ii(g) pertaining to
responsibility for damages would be removed, as explained earlier in
this document under the heading ``General Requirements for All Imported
Fruits and Vegetables (Proposed Sec. 319.56-3).''
Clementines From Spain (Proposed Sec. 319.56-34)
Current Sec. 319.56-2jj contains restrictions on the importation
of clementines from Spain. Under this proposal, all provisions
contained in current Sec. 319.56-2jj would be relocated to proposed
Sec. 319.56-34, except that the provision in Sec. 319.56-2jj(a)
pertaining to trust fund agreements would be amended and become part of
revised Sec. 319.56-6, as explained earlier in this document. In
addition, the provisions in Sec. 319.56-2jj(e) and (i) that pertain to
restrictions on the distribution of clementines for the 2002-2003
shipping season would be removed, as those provisions have expired.
Persimmons From the Republic of Korea (Proposed Sec. 319.56-35)
Current Sec. 319.56-2kk contains restrictions on the importation
of persimmons from the Republic of Korea. Under this proposal, all
provisions contained in current Sec. 319.56-2kk would be relocated to
proposed Sec. 319.56-35.
Watermelon, Squash, Cucumber, and Oriental Melon From the Republic of
Korea (Proposed Sec. 319.56-36)
Current Sec. 319.56-2aa contains restrictions on the importation
of watermelon, squash, cucumber, and oriental melon from the Republic
of Korea. Under this proposal, all provisions contained in current
Sec. 319.56-2aa would be relocated to proposed Sec. 319.56-36.
Grapes From the Republic of Korea (Proposed Sec. 319.56-37)
Current Sec. 319.56-2ll contains restrictions on the importation
of grapes from the Republic of Korea. Under this proposal, all
provisions contained in current Sec. 319.56-2ll would be relocated to
proposed Sec. 319.56-37.
Clementines, Mandarins, and Tangerines From Chile (Proposed Sec.
319.56-38)
Current Sec. 319.56-2mm contains restrictions on the importation
of clementines, mandarins, and tangerines from Chile. Under this
proposal, all provisions contained in current Sec. 319.56-2mm would be
relocated to proposed Sec. 319.56-38, except that the provision in
Sec. 319.56-2mm(f) pertaining to trust fund agreements would be
amended and become part of revised Sec. 319.56-6, as explained earlier
in this document.
Fragrant Pears From China (Proposed Sec. 319.56-39)
Current Sec. 319.56-2nn contains restrictions on the importation
of fragrant pears from China. Under this proposal, all provisions
contained in current Sec. 319.56-2nn would be relocated to proposed
Sec. 319.56-39.
Peppers From Certain Central American Countries (Proposed Sec. 319.56-
40)
Current Sec. 319.56-2oo contains restrictions on the importation
of
[[Page 25025]]
Peppers from certain Central American countries. Under this proposal,
all provisions contained in current Sec. 319.56-2oo would be relocated
to proposed Sec. 319.56-40.
Miscellaneous Changes
In addition to the changes described elsewhere in this document, we
propose to update terms and references in the regulations as follows:
References to contact points for APHIS program units and
other Government agencies that have been reorganized would be changed
as appropriate.
References to PPQ Inspector would be replaced with
references to Inspector (as defined in proposed Sec. 319.56-2).
References to the Department would be replaced with
references to APHIS.
Taxonomic names for certain pests would be updated to
reflected changes in scientific classifications.
We would also remove provisions pertaining to the importation of
yams from Cuba (see current Sec. 319.56-21(b)(2)), as trade of those
commodities with Cuba is prohibited under U.S. law.
In conjunction with the proposed revision of Subpart--Fruits and
Vegetables, we would also update, as necessary, various references to
sections of the fruits and vegetables regulations located elsewhere in
7 CFR chapter III.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The proposed rule has been determined to be significant for the
purposes of Executive Order 12866 and, therefore, has been reviewed by
the Office of Management and Budget.
We have prepared an economic analysis for this proposed rule. It
provides a cost-benefit analysis as required by Executive Order 12866,
as well as an initial regulatory flexibility analysis that considers
the potential economic effects of this proposed rule on small entities,
as required by the Regulatory Flexibility Act. The economic analysis is
summarized below. Copies of the full analysis are available from the
person listed under FOR FURTHER INFORMATION CONTACT. Please refer to
Docket No. APHIS-2005-0106 when requesting copies. The full analysis is
also available on the Regulations.gov Web site and in our reading room
(instructions for accessing Regulations.gov and information on the
location and hours of the reading room are provided under the heading
ADDRESSES at the beginning of this document).
We do not currently have all of the data necessary for a
comprehensive analysis of the effects of this proposed rule on small
entities. Therefore, APHIS welcomes public comment that would enable us
to more fully consider impacts of the proposed rule, specifically
information on costs that may not be covered by this analysis.
In accordance with the Plant Protection Act (7 U.S.C. 7701 et
seq.), the Secretary of Agriculture has the authority to promulgate
regulations and take measures to prevent the spread of plant pests into
or through the United States, which includes regulating the importation
of fruits and vegetables into the United States. The Secretary has
delegated the responsibility for enforcing the Plant Protection Act to
the Administrator of APHIS.
This proposed rule would revise and reorganize the regulations
pertaining to the importation of fruits and vegetables to consolidate
requirements of generally applicability and eliminate redundant
requirements, update terms and remove outdated requirements and
references, update the regulations that apply to importations of fruits
and vegetables into U.S. territories, and make various editorial and
nonsubstantive changes to regulations to make them easier to use. APHIS
is also proposing to make substantive changes to the regulations,
including: (1) Establishing criteria within the regulations that, if
met, would allow APHIS to approve certain new fruits and vegetables for
importation into the United States and to acknowledge pest-free areas
in foreign countries without undertaking rulemaking; (2) doing away
with the process of listing specific commodities that may be imported
subject to certain types of risk management measures; and (3) providing
for the issuance of special use permits for fruits and vegetables.
These changes are necessary to simplify and expedite the APHIS process
for approving new imports and pest-free areas while continuing to allow
for public participation in the process.
International trade in fruits and vegetables--in particular, many
new and newly traded commodities--expanded rapidly over the past two
decades, while also undergoing a marked change in the products
demanded. According to Food and Agriculture Organization (FAO) data,
the average value share of fruits and vegetables (including pulses and
tree nuts) in global agricultural exports increased from 11.7 percent
in the period 1977-81 to 15.1 percent in 1987-91 and reached an all
time high of 16.5 percent in 1997-2001.\15\ Imports have become
increasingly important for domestic fresh fruit and vegetable
consumption. In 2004, the U.S. imported more than $7 billion in fresh
fruits and vegetables. Maintaining the current process will make it
difficult to keep pace with this rapidly increasing volume of import
requests.
---------------------------------------------------------------------------
\15\ Huang, Sophia Wu. Gobal Trade Patterns, in Fruits and
Vegetables. Chapter 2. Economic Research Service/USAD.
---------------------------------------------------------------------------
The proposed process for approving imports would apply only to
commodities that, based on the findings of risk analysis, APHIS
determines can be safely imported subject to one or more designated
risk management measures. The new process would be a notice-based
process while the existing process is a rulemaking-based process.
By eliminating the need for specific prior rulemaking for notice-
based process commodities, considerable time savings could be reaped.
The current process for approving new imports takes a notable period of
time, ranging on average from 18 months to upwards of 3 years
(beginning with the initial request and ending with the publication of
the final rule). A significant portion of this time is accounted for in
the rulemaking process. This proposed rule would reduce the time needed
for approval of some fruits and vegetables for import without
eliminating opportunity for public participation in our analysis of
risk. In addition, this proposed rule would help relieve the burden on
APHIS' regulatory mechanism, given the volume of new commodity import
requests APHIS has been receiving, and the large volume of rulemaking
initiatives already underway in APHIS.
Consumers benefit from the ability to purchase fruits and
vegetables from a variety of sources, foreign as well as domestic.
Consumer expenditures for fruit and vegetables are growing faster than
for any food group other than meats. Many of the commodities that would
be covered by this proposed rule would be niche products, unavailable
or limited in availability in the United States. This proposed rule
would allow importers to more quickly meet consumer demand for those
niche products. In addition, climate causes most domestic fruit and
vegetable production to be seasonal, with the largest harvests
occurring during the summer and fall. Imports supplement domestic
supplies, especially of fresh products during the winter, resulting in
increased choices for consumers. Even where the new imports would
compete directly with domestic production,
[[Page 25026]]
consumers would benefit when increased competition results in lower
prices.
In the current process, once APHIS has conducted a risk analysis
and identified what phytosanitary measures are necessary to address the
pest risk posed by the commodity subject to an import request, APHIS
then proceeds through rulemaking. Through rulemaking, APHIS amends the
fruits and vegetables regulations by listing the commodity from a
specific part of the world as eligible, under specified conditions, for
importation into the United States. Some import requests that might
otherwise have very quickly led to new imports are delayed considerably
by the rulemaking process. One reason for this is the complexities of
the rulemaking process itself. There are certain statutory, executive
branch, and departmental process requirements that are typically not
required under a notice based process. Another is the nature of the
requests. Few if any of these requests warrant an entire rulemaking in
and of themselves. These requests are primarily small in stature either
because they are specialty crops or are grown in limited quantities in
the requesting area. Therefore these requests, when their risk analyses
have been completed and needed phytosanitary measures have been
identified, are necessarily grouped together for movement through the
rulemaking process. These changes, along with other minor regulatory
changes, are covered in rulemakings referred to as periodic amendments
to Q56.
A significant number of the commodity import requests that APHIS
receives would likely fit the notice-based process criteria as laid out
in this proposed rule. The number of import requests has grown
significantly. There are currently approximately 400 commodity import
requests being processed by APHIS. Because of the nature of the import
requests likely to qualify for the notice-based approach, those
commodities would most likely otherwise be included in periodic
amendments to Q56.
Included in the 11th periodic amendment \16\ were numerous herbs
from Central America, figs from Mexico, peppers from Chile, cape
gooseberry from Colombia, longan from China, persimmon from Spain,
yard-long-bean from Nicaragua, and yellow pitaya from Colombia. These
commodities would fit the notice-based process criteria of this
proposed rule, subject only to designated mitigation measures. Had
these commodities followed the notice-based process of this proposed
rule, these commodities would have been available to U.S. consumers far
sooner than was actually the case. For example, all of the pest risk
analyses and risk management decisions associated with the herbs from
Central America were completed by the end of 2001. The final rule
allowing the import of these commodities was not published and
effective until June 25, 2003.
---------------------------------------------------------------------------
\16\ Importation of Fruits and Vegetables. Final Rule. Docket
No. 02-024-6. Federal Register/Vol. 68, No. 122/Wednesday, June 25,
2003/Rules and Regulations.
---------------------------------------------------------------------------
In 2004 and 2005, approximately 454,000 kg of the above commodities
were imported into the U.S. from the countries covered in the
amendment. It is estimated that the average monthly value per commodity
of these shipments was about $3,900.\17\ There are approximately 400
commodity import requests currently being processed by APHIS. A
significant percentage of these requests may fit the notice-based
process criteria of this proposed rule. The rulemaking process is an
inherently longer process than a notice-based process would be. There
are complexities in the rulemaking process that are not present in the
notice-based process. In addition, few if any of the requests that
would fall into the notice-based process warrant an entire rulemaking
in and of themselves, and must therefore be grouped with other
commodities for rulemaking. Therefore, a notice based approach to
commodity import approvals could be 6 to 12 months shorter than under a
rulemaking approach.
---------------------------------------------------------------------------
\17\ Shipment information was obtained from APHIS' PQ280
database. Information on value is from the U.S. Census Bureau,
Foreign Trade Statistics `cowpeas,' `figs,' `fruit not elsewhere
specified,' `other spices and herbs,' `other berries,' and `peppers'
from 2004 and 2005, in 2005 dollars.
---------------------------------------------------------------------------
For the purposes of estimating the benefits of a notice-based
approach to approving commodity import requests, we make the following
assumptions: The commodities that are approved for import under this
notice-based process have values similar to those approved under the
11th periodic amendment; 30 to 50 percent (120 to 200) of current
commodity import requests would be approved under this process; and,
those commodities approved in the notice-based process would reach the
U.S. market 6 to 12 months earlier than they would under rulemaking.
Based on these assumptions, we could expect imports valued at
between $2.8 million and $9.4 million to occur under a notice-based
process that would not occur under the current rulemaking process.
These added sales represent benefits of this proposed rule. The
proposed rule will also have the benefit of improving trade relations
with other countries by speeding import approvals. In addition, by
moving to a notice-based process for certain commodities, fewer APHIS
resources will have to be devoted to rulemaking for these commodities.
Those resources will then become available for other uses.
This proposed rule would not alter the manner in which the risks
associated with a commodity import request are evaluated, nor would it
alter the manner in which those risks are ultimately mitigated. The
change would merely allow a new commodity import to move more quickly
into commerce to the benefit of consumers once it has been determined
that the commodity can be safely imported subject to one or more
designated risk management measures.
APHIS currently recognizes changes in the pest-free status of
countries via rulemaking. Under this proposed rule, APHIS would use
Federal Register notices and public comment to acknowledge pest-free
areas in foreign countries without undertaking rulemaking. This would
allow APHIS to be more responsive in recognizing changes in the pest-
free status of foreign areas.
This proposed rule would also clarify and strengthen requirements
regarding safeguarding of fruits and vegetables that are imported from
pest-free areas. These safeguards would provide necessary protection of
imported commodities against pest infestations while they are in
transit to the United States and are consistent with standard operating
procedures of all current programs that export fruits and vegetables
from pest-free areas. These changes should therefore have little, if
any, impact on users of the system.
If the notice-based approach is adopted for use by APHIS, the
commodities approved under the notice-based track approach would no
longer be listed in the regulations, nor would commodities that are
currently approved for importation subject to one or more of the
designated measures described previously be listed.
The fruits and vegetables manual \18\ would contain a listing of
all commodities approved for importation into the United States and
would serve
[[Page 25027]]
as a comprehensive list and reference of enterable fruits and
vegetables.
---------------------------------------------------------------------------
\18\ Regulating the Importation of Fresh Fruits and Vegetables.
United States Department of Agriculture. Marketing and Regulatory
Programs. Animal and Plant Health Inspection Service. Plant
Protection and Quarantine. http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm.
---------------------------------------------------------------------------
Most of these changes would not alter how or whether a commodity is
approved for importation, merely how that status would be presented.
These changes should therefore have little, if any, impact on users of
the system.
This proposed rule would make several changes to the issuance of
permits for the importation of fruits and vegetables. This proposed
rule would amend the regulations pertaining to permits to state that
certain dried, cured, or processed fruits and vegetables; certain
fruits and vegetables grown in Canada; and certain fruits and
vegetables grown in the British Virgin Islands that are imported into
the U.S. Virgin Islands; may be imported without a permit, while all
other fruits and vegetables must be imported under permit. Because this
change merely removes an unnecessarily confusing distinction between
specific and general written permits, the change should have minor, but
positive impact on users.
Other current provisions regarding application for permits;
issuance of permits; amendment, denial, or withdrawal of permits; and
appeals would be relocated in this proposed rule. The provisions for
applying for permits would also be updated to reflect the various means
now available for applying for permits. These changes would not affect
program operations, and should therefore have little, if any, impact on
users of the system.
This proposed rule would also add new provisions to the regulations
which would authorize APHIS to issue special use permits that authorize
the importation of small lots of fruits or vegetables that are
otherwise prohibited importation under the regulations. These permits
would provide for the importation of fruits and vegetables for special
events such as trade shows and for scientific research. In each case,
such imports would only be allowed under strict conditions approved by
the administrator to address the particular risk posed by the
particular imported fruit or vegetable. This change could facilitate
future trade opportunities, scientific research, and potentially pest
management, but would have little direct impact on imports or
consumers.
This proposed rule would revise, reorganize and update some of the
regulations, update terms and remove outdated requirements and
references, and make various editorial and nonsubstantive changes to
regulations to make them easier to use. The proposed reorganization of
the regulations would not affect any requirements for importing
commodities but would simplify the regulations and organize them to
facilitate future revisions. In addition, this proposal would also
clarify treatment requirements in 7 CFR part 305. These changes do not
represent a change in program operations and therefore should not
affect users of the system.
This proposed rule would also amend the various restrictions on the
importation of okra from countries where the pink bollworm is known to
exist. The regulations are outdated, and contain differing restrictions
for the importation of okra from countries even though the regulations
are all aimed at excluding pink bollworm from the United States. Under
this proposal, all imports from pink bollworm-infested areas would be
subject to the same requirements. The proposed conditions would be
equivalent to our domestic regulations that pertain to pink bollworm.
In 2004, okra was imported from 11 countries into the United States
with a value of $17.4 million. Mexico has been the primary source of
these imports. In 2004, Mexico accounted for nearly 70 percent of the
imports. Other major sources are El Salvador, Honduras and Nicaragua,
together accounting for about 31 percent of the imports in 2004.
Currently, the regulations contain varying restrictions on the
importation of okra from countries where pink bollworm is known to
exist. These restrictions include fumigation of imports from pink
bollworm infested countries that are moving into infested areas of the
U.S. The proposed conditions would remove this restriction. This may
reduce the cost associated with some imports. However, this change
would primarily impact Mexican imports. Mexico is already, by far, the
U.S.' largest foreign source of okra. In addition, this change would
only affect a limited portion of those okra imports. Therefore, this
change should have at most a minor effect on okra imports and domestic
okra prices.
This rule would also update the regulations to reflect current
APHIS operating practices regarding biometric sampling of apricots,
nectarines, peaches. Plumcot, and plums from Chile. Under the rule, the
current sampling regimens would be removed and replaced with provisions
that require sampling, but do not specify the percentage of fruit to be
sampled or the confidence level of the inspection. Chile is the primary
source of U.S. stone fruit imports, accounting for more than 97 percent
$73 million in such imports in 2005. However, these modifications
proposed in this rule do not represent a change in current program
operations and therefore should not affect users of the system.
This proposed rule would also amend the various provisions
pertaining to packing and safeguarding of tomatoes. The proposed rule
would require tomatoes to be safeguarded from harvest to export by
insect-proof mesh screens or plastic tarpaulins, including while in
transit to the packing house and while awaiting packaging. In addition,
tomatoes would be required to be packed in insect-proof cartons or
containers, or covered by insect-proof mesh or plastic tarpaulins for
transit to the airport and subsequent export to the United States.
Annual fresh tomato imports were valued at about $852 million on
average for the period 2000-2004. This represents more than 14 percent
of the value of all fruit and vegetable imports in that period. Fresh
tomato imports are primarily from Mexico, which represents nearly 70
percent of the value of tomato imports from all countries for that
period. Other important origin countries for U.S. imports of fresh
tomatoes are Canada and the Netherlands.
Complying with the provisions of this change could represent added
cost to importers. However, this additional cost should be small since
the change represents a change in the rigorousness of the packaging and
containers protecting against attack by insects, not whether the
tomatoes are protected. The current regulations already require
packaging and containers to be fruit-fly proof. Therefore, the change
should have little impact on importers of tomatoes. We welcome comments
on the size of this added cost.
In sum, APHIS expects little impact on the total volume of U.S.
imports of fruits and vegetables, with small effects on U.S. marketers
and consumers. In addition, those additional measures in this proposal
that affect specific commodities are also expected to have limited
impact. The main portions of this proposal, if adopted, would represent
a significant structural revision of the fruits and vegetables import
regulations and would establish a new process for approving certain new
commodities for importation into the United States. However, those
commodity import requests most likely to qualify for the notice-based
process are small in stature. This is either because they are for
specialty crops unavailable or limited in availability in the United
States, or are for crops grown in limited quantities in the requesting
area. In addition, the proposed rule would not alter the conditions for
[[Page 25028]]
importing the majority of currently approved fruits or vegetables.
Of particular note with respect to the proposed changes to the
approval process, the change would merely allow a new commodity import
to move more quickly into commerce to the benefit of consumers once it
has been determined that the commodity can be safely imported subject
to one or more designated risk management measures. The proposed rule
would not alter the manner in which the risk associated with a
commodity import request is evaluated, nor would it alter the manner in
which those risks are ultimately mitigated. Consumers would have
quicker access to imported fruits and vegetables, though risks would
still be evaluated and appropriate mitigations required, as they are
currently. Also, given the growing number of requests to ship foreign
fruits and vegetables to the United States, some trading partners may
perceive the time required to conduct the rulemaking process as a
barrier to trade. Such perception may impede their consideration of
U.S. requests to ship U.S. commodities to their markets. To the extent
to which trading partners consider the time it takes to conduct the
rulemaking process a trade barrier, by reducing that time; this rule
may facilitate the export of U.S. agricultural commodities.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to evaluate the potential effects of proposed and final rules
on small businesses, small organizations, and small governmental
jurisdictions.
Section 603 of the Act requires agencies to prepare and make
available for public comment an initial regulatory flexibility analysis
(IRFA) describing the impacts of rules on small entities. Section
603(b) of the Act specifies the content of an IRFA. Each IRFA must
contain:
A description of the reasons why action by the agency is
being considered;
A succinct statement of the objectives of, and legal basis
for, the proposed rule;
A description and, where feasible, an estimate of the
number of small entities to which the proposed rule will apply;
A description of the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report of record;
An identification, to the extent practicable, of all
relevant Federal rules that may duplicate, overlap, or conflict with
the proposed rule; and
Descriptions of any significant alternatives to the
proposed rule which accomplish the stated objectives of applicable
statutes and which minimize any significant economic impact of the
proposed rule on small entities.
Our responses to these requirements follow.
Rationale
This proposed rule would revise and reorganize the regulations
pertaining to the importation of fruits and vegetables to consolidate
requirements of generally applicability and eliminate redundant
requirements, update terms and remove outdated requirements and
references, update the regulations that apply to importations of fruits
and vegetables into U.S. territories, and make various editorial and
nonsubstantive changes to regulations to make them easier to use. APHIS
is also proposing to make substantive changes to the regulations,
including: (1) Establishing criteria within the regulations that, if
met, would allow APHIS to approve certain new fruits and vegetables for
importation into the United States and to acknowledge pest-free areas
in foreign countries without undertaking rulemaking; (2) doing away
with the process of listing specific commodities that may be imported
subject to certain types of risk management measures; and (3) providing
for the issuance of special use permits for fruits and vegetables.
These changes are necessary to simplify and expedite the APHIS process
for approving new imports and pest-free areas while continuing to allow
for public participation in the process.
Objectives and Legal Basis
By eliminating the need for specific prior rulemaking for notice-
based process commodities, considerable time savings could be reaped.
The current process for approving new imports takes a notable period of
time, ranging on average from 18 months to 3 years (beginning with the
initial request and ending with the publication of the final rule).
Consumers benefit from the ability to purchase fruits and
vegetables from a variety of sources, foreign as well as domestic. Many
of the commodities that would be covered by this proposed rule would be
niche products, unavailable or limited in availability in the United
States. This proposed rule would allow importers to more quickly meet
consumer demand for those niche products. In addition, climate causes
most domestic fruit and vegetable production to be seasonal, with the
largest harvests occurring during the summer and fall. Imports
supplement domestic supplies, especially of fresh products during the
winter, resulting in increased choices for consumers. Even where the
new imports would compete directly with domestic production, consumers
would benefit when increased competition results in lower prices.
Under the regulations in ``Subpart--Fruits and Vegetables,'' APHIS
prohibits or restricts the importation of fresh fruits and vegetables
into the United States from certain parts of the world to prevent the
introduction and spread of plant pests that are new to or not widely
distributed within the United States.
Description and Estimate of Small Entities
Those entities most likely to be economically affected by the
proposed rule are domestic importers and producers of fruits and
vegetables. The Small Business Administration (SBA) has established
guidelines for determining which establishments are to be considered
small. Import/export merchants, agents and brokers are identified
within the broader wholesaling trade sector. A firm primarily engaged
in wholesaling fresh fruits and vegetables is considered small if it
employs not more than 100 persons. In 1997,\19\ more than 96 percent
(5,456 of 5,657) of fresh fruit and vegetable wholesalers would be
considered small by SBA standards.\20\ All types of fruit and vegetable
farms are considered small if they have annual receipts of $0.75
million or less. With some exceptions, vegetable and melon farms are
largely individually owned and relatively small, with two-thirds
harvesting fewer than 25 acres. In 2002, between 80 and 84 percent of
vegetable and melon farms would be considered small. Similarly,
although numbers have declined, fruit and tree nut production is still
dominated by small, family or individually-run farm operations. In
2002, between 92 and 95 percent of all fruit and tree nut farms would
be considered small.\21\
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\19\ Establishment and firm size is not yet available for the
2002 Economic Census.
\20\ 1997 Economic Census. Department of Commerce. U.S. Bureau
of the Census. North American Industry Classification System (NAICS)
Category--424480; Fresh fruit & vegetable wholesalers.
\21\ 1997 Census of Agriculture. U.S. Department of Agriculture,
National Agricultural Statistics Service. NAICS Categories--1112:
Vegetable and melon farming; 1113: Fruit and tree nut farming.
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The number of entities that would be affected by this proposed rule
is
[[Page 25029]]
unknown but those affected would likely be considered small. However,
based on the information that is available, the effects of this
proposed rule should be small whether the entity affected is small or
large. Those commodity import requests most likely to qualify for the
notice-based process are small in stature. This is either because they
are for specialty crops unavailable or limited in availability in the
United States, or are for crops grown in limited quantities in the
requesting area. This proposal would merely allow a new commodity
import to move more quickly into commerce to the benefit of consumers
once it has been determined that the commodity can be safely imported
subject to one or more designated risk management measures. Hence, we
expect little impact on the total volume of U.S. imports of fruits and
vegetables, with small effects on U.S. marketers and consumers.
Nevertheless, we invite public comment on the proposed rule--
including any comment on the expected impacts for small entities, and
on how the proposed rule could be modified to reduce expected costs or
burdens for small entities consistent with its objectives. Any comment
suggesting changes to the proposed criteria should be supported by an
explanation of why the changes should be considered.
Reporting, Recordkeeping, and Other Compliance Requirements for Small
Entities
The proposed rule contains, under the heading ``Paperwork Reduction
Act,'' a description of the information collection and recordkeeping
requirements associated with the proposed rule.
Duplication, Overlap or Conflict With Other Federal Rules
APHIS is unaware of any Federal rules that are duplicative,
overlapping, or conflicting with this proposed rule.
Alternatives
One alternative to this proposed rule would be to simply continue
under APHIS' current process of authorizing the importation of fruits
and vegetables. In this case, we would continue to list all newly
approved fruits and vegetables in the regulations through notice-and-
comment rulemaking, as we have been doing since 1987. This approach is
unsatisfactory, because the number of requests we receive from foreign
exporters and domestic importers to amend the regulations has been
steadily increasing. Maintaining the current process will make it
difficult to keep pace with the volume of import requests. Therefore,
this alternative was rejected. We believe that the new approach would
enable us to be more responsive to the import requests of our trading
partners while maintaining the transparency of our decisionmaking
afforded by notice-and-comment rulemaking.
Prior to 1987, APHIS authorized the importation of a fruit or
vegetable by simply issuing a permit once the Agency was satisfied that
the relevant criteria in the regulations had been met. Another
alternative to this proposed rule would be to return to this method of
authorizing fruit and vegetable importations. This approach is
unsatisfactory, because it does not provide the opportunity for public
analysis of and comment on the science associated with such imports.
Therefore, this alternative was rejected. We believe that the new
approach would enable us to be more responsive to the import requests
of our trading partners while maintaining the transparency of our
decisionmaking afforded by notice-and-comment rulemaking.
Future Analyses
If this rule is adopted as a final rule, the requirements of
Executive Order 12866 or the Regulatory Flexibility Act will be met
through the analyses that accompany the final rule. The economic
effects of importing the specific commodities that are approved using
the streamlined approach would not be analyzed at the point of
approval, since such approval would occur without additional
rulemaking.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
National Environmental Policy Act
The majority of the regulatory changes proposed in this document
are nonsubstantive, and would therefore have no effects on the
environment. However, this proposal, if adopted, would allow APHIS to
approve certain new fruits and vegetables for importation into the
United States without undertaking rulemaking. Despite the fact that
those fruits and vegetable imports would no longer be contingent on the
completion of rulemaking, the requirements of the National
Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et
seq.) would still apply. As such, for each additional fruit or
vegetable approved for importation, APHIS would make available to the
public documentation related to our analysis of the potential
environmental effects of such new imports. This documentation would
likely be made available at the same time and via the same Federal
Register notice as the risk analysis for the proposed new import.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection
requirements included in this proposed rule have been submitted for
approval to the Office of Management and Budget (OMB). Please send
written comments to the Office of Information and Regulatory Affairs,
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503. Please
state that your comments refer to Docket No. APHIS-2005-0106. Please
send a copy of your comments to: (1) Docket No. APHIS-2005-0106,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue,
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
In this document, APHIS is proposing, among other things, to
establish a regulatory framework that would allow us to approve certain
new fruits and vegetables for importation into the United States more
effectively and expeditiously. These changes are intended to simplify
and expedite our processes for approving certain new imports and pest-
free areas while continuing to allow for public participation in the
processes.
Under this proposed rule, APHIS may authorize the importation of
additional fruits and vegetables subject to permitting and
phytosanitary certification requirements. While the specific
commodities that may be approved for importation using the new approach
described in the proposed rule are unknown at this time, we have
estimated the potential reporting burden on the public that could arise
if the new approach is adopted. The new burden would be in the form of
phytosanitary certificate requirements for some, and permit
requirements for all, newly approved commodities.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information
[[Page 25030]]
collection requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.8238 hours per response.
Respondents: Importers, exporters, and national plant protection
organizations.
Estimated annual number of respondents: 1,120.
Estimated annual number of responses per respondent: 3.
Estimated annual number of responses: 3,360.
Estimated total annual burden on respondents: 2,768 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
Lists of Subjects
7 CFR Part 305
Agricultural commodities, Chemical treatment, Cold treatment,
Garbage treatment, Heat treatment, Imports, Irradiation, Phytosanitary
treatment, Plant diseases and pests, Quarantine, Quick freeze,
Reporting and recordkeeping requirements, Transportation.
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
7 CFR Part 352
Customs duties and inspection, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Transportation.
Accordingly, we propose to amend 7 CFR chapter III as follows:
PART 305--PHYTOSANITARY TREATMENTS
1. The authority citation for part 305 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
Sec. 305.2 [Amended]
2. In Sec. 305.2, paragraph (i), the table would be amended as
follows:
a. In the entry for acorns and chestnuts from all countries, by
removing the reference to ``Sec. 319.56-2b'' and adding a reference to
``Sec. 319.56-11'' in its place.
b. In the entry for yam from all countries, by removing the words
``(See Sec. 319.56-2l of this chapter)''.
c. In the entry for papaya from Belize, by removing the words
``(See Sec. 319.56-2(j) of this part)''.
d. In the entry for cherimoya from Chile, by removing the words
``(See Sec. 319.56-2z of this chapter for additional treatment
information)''.
3. A new Sec. 305.3 would be added to read as follows:
Sec. 305.3 Monitoring and certification of treatments.
(a) All treatments approved under part 305 are subject to
monitoring and verification by APHIS.
(b) Any treatment performed outside the United States must be
monitored and certified by an inspector or an official from the
national plant protection organization of the exporting country. If
monitored and certified by an official of the plant protection
organization of the exporting country, the treated commodities must be
accompanied a phytosanitary certificate issued by the national plant
protection organization of the exporting country certifying that
treatment was applied in accordance with APHIS regulations. The
phytosanitary certificate must be provided to an inspector when the
commodity is offered for entry into the United States. During the
entire interval between treatment and export, the consignment must be
stored and handled in a manner that prevents any infestation by pests
and noxious weeds.
4. Section 305.15 would be revised to read as follows:
Sec. 305.15 Treatment requirements.
(a) Approval of treatment facilities. All facilities or locations
used for refrigerating fruits or vegetables in accordance with Sec.
305.16 must be approved by APHIS. Re-approval of the facility or
carrier is required annually, or as often as APHIS directs, depending
on treatments performed, commodities handled, and operations conducted
at the facility. In order to be approved, facilities and carriers must:
(1) Be capable of keeping treated and untreated fruits, vegetables,
or other articles separate so as to prevent reinfestation of articles
and spread of pests;
(2) Have equipment that is adequate to effectively perform cold
treatment.
(b) Places of treatment; ports of entry. Precooling and
refrigeration may be performed prior to, or upon arrival of fruits and
vegetables in the United States, provided treatments are performed in
accordance with applicable requirements of this section. Fruits and
vegetables that are not treated prior to arrival in the United States
must be treated after arrival only in cold storage warehouses approved
by the Administrator and located in the area north of 39[deg] longitude
and east of 104[deg] latitude or at one of the following ports: The
maritime ports of Wilmington, NC; Seattle, WA; Corpus Christi, TX; and
Gulfport, MS; Seattle-Tacoma International Airport, Seattle, WA;
Hartsfield-Atlanta International Airport, Atlanta, GA; and Washington
Dulles International Airport, Chantilly, VA.
(c) Cold treatment enclosures. All enclosures in which cold
treatment is performed, including refrigerated containers, must:
(1) Be capable of precooling and holding fruits or vegetables at
temperatures less than or equal to 2.2 [deg]C (36 [deg]F) or the
maximum temperature prescribed in an approved treatment schedule for
any fruit or vegetable that is to be treated in the enclosure.
(2) Maintain pulp temperatures according to treatment schedules
with no more than a 0.3 [deg]C (0.54 [deg]F) variation in temperature.
[[Page 25031]]
(3) Be structurally sound and adequate to maintain required
temperatures.
(4) Be equipped with recording devices, such that automatic,
continuous temperature records are maintained and secured. Recording
devices must be capable of generating temperature charts for
verification of treatment by an inspector.
(d) Precooling. Before loading in cold treatment containers,
packages of fruit must be precooled to a treatment temperature or to a
uniform temperature not to exceed 4.5 [deg]C (40 [deg]F) or precooled
at the terminal to 2.2 [deg]C (36 [deg]F).
(1) Treatment in transit. Fruit that is to be treated in transit
must be precooled either at a dockside refrigeration plant prior to
loading aboard the carrying vessel, or aboard the carrying vessel. If
precooling is accomplished prior to loading aboard the carrying vessel,
an authorized official of the country of origin must supervise the
precooling operation and certify the treatment by recording pulp
temperatures of fruit sampled at different locations of the lot to
ensure that the precooling was complete and uniform.
(2) Treatment upon arrival in the United States. Fruit that is to
be treated upon arrival in the United States must arrive at a
temperature sufficiently low to prevent insect activity and must be
promptly precooled and refrigerated. Fruit to be both precooled and
refrigerated after arrival in the United States must be delivered to
the treatment facility subject to safeguards required by an inspector.
(e) Treatment procedures.
(1) All material, labor, and equipment for cold treatment performed
on vessels must be provided by the vessel or vessel agent.
(2) Refrigeration must be completed in the container, compartment,
or room in which it is begun
(3) Fruit that may be cold treated must be safeguarded to prevent
cross-contamination or mixing with other infested fruit.
(4) Breaks, damage, etc., in the treatment enclosure that preclude
maintaining correct temperatures must be repaired before use.
(5) An inspector must approve loading of compartment, number and
placement of sensors, and initial fruit temperature readings before
beginning the treatment.
(6) At least three temperature sensors must be used in the
treatment compartment during treatment.
(7) The time required to complete the treatment begins when the
temperature inside the fruit reaches the required temperature.
Refrigeration continues until the vessel arrives at the port of
destination and the fruit is released for unloading by an inspector
even though this may prolong the period required for the cold
treatment.
(8) Only the same type of fruit in the same type of package may be
treated together in a container; no mixture of fruits in containers
will be treated.
(9) Fruit must be stacked to allow cold air to be distributed
throughout the enclosure, with no pockets of warmer air, and to allow
random sampling of pulp temperature in any location in load.
Temperatures must be recorded at intervals no longer than 1 hour apart.
Gaps of longer than 1 hour may invalidate the treatment or indicate
treatment failure.
(10) Cold treatment is not completed until so designated by an
inspector or the certifying official of the foreign country; shipments
of treated commodities may not be discharged until full APHIS clearance
has been completed, including review and approval of treatment record
charts.
(11) Pretreatment conditioning (heat shock or 100.4 [deg]F for 10
to 12 hours) of fruits is optional and is the responsibility of the
shipper.
(12) Cold treatment of fruits in break-bulk vessels or containers
must be initiated by an inspector if there is not a treatment
technician who has been trained to initiate cold treatments for either
break-bulk vessels or containers.
(13) Inspection of fruits after cold treatment for Mediterranean
fruit fly. An inspector will sample and cut fruit from each shipment
cold treated for Mediterranean fruit fly (Medfly) to monitor treatment
effectiveness. If a single live Medfly in any stage of development is
found, the shipment will be held until an investigation is completed
and appropriate remedial actions have been implemented. If APHIS
determines at any time that the safeguards contained in this section do
not appear to be effective against the Medfly, APHIS may suspend the
importation of fruits from the originating country and conduct an
investigation into the cause of the deficiency.
(14) Caution and disclaimer. The cold treatments required for the
entry of fruit are considered necessary for the elimination of plant
pests, and no liability shall attach to the U.S. Department of
Agriculture or to any officer or representative of that Department in
the event injury results to fruit offered for entry in accordance with
these instructions. In prescribing cold treatments of certain fruits,
it should be emphasized that inexactness and carelessness in applying
the treatments may result in injury to the fruit, or its rejection for
entry.
(15) Additional requirements for treatments performed after arrival
in the United States.
(i) Maritime port of Wilmington, NC. Shipments of fruit arriving at
the maritime port of Wilmington, NC, for cold treatment, in addition to
meeting all other applicable requirements of this section, must meet
the following special conditions:
(A) Bulk shipments (those shipments which are stowed and unloaded
by the case or bin) of fruit must arrive in fruit fly-proof packaging
that prevents the escape of adult, larval, or pupal fruit flies.
(B) Bulk and containerized shipments of fruit must be cold-treated
within the area over which the U.S. Department of Homeland Security is
assigned the authority to accept entries of merchandise, to collect
duties, and to enforce the various provisions of the customs and
navigation laws in force.
(C) Advance reservations for cold treatment space must be made
prior to the departure of a shipment from its port of origin.
(D) The cold treatment facility must remain locked during non-
working hours.
(ii) Maritime port of Seattle, WA. Shipments of fruit arriving at
the maritime port of Seattle, WA, for cold treatment, in addition to
meeting all other applicable requirements of this section, must meet
the following special conditions:
(A) Bulk shipments (those shipments which are stowed and unloaded
by the case or bin) of fruit must arrive in fruit fly-proof packaging
that prevents the escape of adult, larval, or pupal fruit flies.
(B) Bulk and containerized shipments of fruit must be cold-treated
within the area over which the U.S. Department of Homeland Security is
assigned the authority to accept entries of merchandise, to collect
duties, and to enforce the various provisions of the customs and
navigation laws in force.
(C) Advance reservations for cold treatment space must be made
prior to the departure of a shipment from its port of origin.
(D) The cold treatment facility must remain locked during non-
working hours.
(E) Blacklight or sticky paper must be used within the cold
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square
miles surrounding the cold treatment facility.
[[Page 25032]]
(F) The cold treatment facility must have contingency plans,
approved by the Administrator, for safely destroying or disposing of
fruit.
(iii) Airports of Atlanta, GA and Seattle, WA. Shipments of fruit
arriving at the airports of Atlanta, GA, and Seattle, WA, for cold
treatment, in addition to meeting all other applicable requirements of
this section, must meet the following special conditions:
(A) Bulk and containerized shipments of fruit must arrive in fruit
fly-proof packaging that prevents the escape of adult, larval, or pupal
fruit flies.
(B) Bulk and containerized shipments of fruit arriving for cold
treatment must be cold treated within the area over which the U.S.
Department of Homeland Security is assigned the authority to accept
entries of merchandise, to collect duties, and to enforce the various
provisions of the customs and navigation laws in force.
(C) The cold treatment facility and APHIS must agree in advance on
the route by which shipments are allowed to move between the aircraft
on which they arrived at the airport and the cold treatment facility.
The movement of shipments from aircraft to cold treatment facility will
not be allowed until an acceptable route has been agreed upon.
(D) Advance reservations for cold treatment space must be made
prior to the departure of a shipment from its port of origin.
(E) The cold treatment facility must remain locked during non-
working hours.
(F) Blacklight or sticky paper must be used within the cold
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square
miles surrounding the cold treatment facility.
(G) The cold treatment facility must have contingency plans,
approved by the Administrator, for safely destroying or disposing of
fruit.
(iv) Maritime ports of Gulfport, MS, and Corpus Christi, TX.
Shipments of fruit arriving at the ports of Gulfport, MS, and Corpus
Christi, TX, for cold treatment, in addition to meeting all other
applicable requirements of this section, must meet the following
special conditions:
(A) All fruit entering the port for cold treatment must move in
maritime containers. No bulk shipments (those shipments which are
stowed and unloaded by the case or bin) are permitted.
(B) Within the container, the fruit intended for cold treatment
must be enclosed in fruit fly-proof packaging that prevents the escape
of adult, larval, or pupal fruit flies.
(C) All shipments of fruit arriving at the port for cold treatment
must be cold treated within the area over which the U.S. Department of
Homeland Security is assigned the authority to accept entries of
merchandise, to collect duties, and to enforce the various provisions
of the customs and navigation laws in force.
(D) The cold treatment facility and APHIS must agree in advance on
the route by which shipments are allowed to move between the vessel on
which they arrived at the port and the cold treatment facility. The
movement of shipments from vessel to cold treatment facility will not
be allowed until an acceptable route has been agreed upon.
(E) Advance reservations for cold treatment space at the port must
be made prior to the departure of a shipment from its port of origin.
(F) Devanning, the unloading of fruit from containers into the cold
treatment facility, must adhere to the following requirements:
(1) All containers must be unloaded within the cold treatment
facility; and
(2) Untreated fruit may not be exposed to the outdoors under any
circumstances.
(G) The cold treatment facility must remain locked during non-
working hours.
(H) Blacklights or sticky paper must be used within the cold
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square
miles surrounding the cold treatment facility at the maritime port of
Gulfport, MS, and within the 5 square miles surrounding the cold
treatment facility at the maritime port of Corpus Christi, TX.
(I) During cold treatment, a backup system must be available to
cold treat the shipments of fruit should the primary system
malfunction. The facility must also have one or more reefers (cold
holding rooms) and methods of identifying lots of treated and untreated
fruits.
(J) The cold treatment facility must have the ability to conduct
methyl bromide fumigations on site.
(K) The cold treatment facility must have contingency plans,
approved by the Administrator, for safely destroying or disposing of
fruit.
(f) Monitoring. Treatment must be monitored by an inspector to
ensure proper administration of the treatment. An inspector must also
approve the recording devices and sensors used to monitor temperatures
and conduct an operational check of the equipment before each use and
ensure sensors are calibrated. An inspector may approve, adjust, or
reject the treatment.
(g) Compliance agreements. Facilities located in the United States
must operate under a compliance agreement with APHIS. The compliance
agreement must be signed by a representative of the cold treatment
facility and APHIS. The compliance agreement must contain requirements
for equipment, temperature, circulation, and other operational
requirements for performing cold treatment to ensure that treatments
are administered properly. Compliance agreements must allow officials
of APHIS to inspect the facility to monitor compliance with the
regulations.
(h) Work plans. Facilities located outside the United States may
operate in accordance with a bilateral work plan. The work plan, if and
when required, must be signed by a representative of the cold treatment
facility, the national plant protection organization of the country of
origin (NPPO), and APHIS. The work plans must contain requirements for
equipment, temperature, circulation, and other operational requirements
for performing cold treatment to ensure that cold treatments are
administered properly. Work plans for facilities outside the United
States may also include trust fund agreement information regarding
payment of the salaries and expenses of APHIS employees on site. Work
plans must allow officials of the NPPO and APHIS to inspect the
facility to monitor compliance with APHIS regulations.
Sec. 305.17 [Amended]
5. In Sec. 305.17, paragraph (a) would be amended by removing the
citation ``319.56-2c'' and adding the citation ``319.56-12'' in its
place.
PART 319--FOREIGN QUARANTINE NOTICES
6. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
Sec. 319.28 [Amended]
7. Section 319.28 would be amended as follows:
a. In paragraph (a)(2), the words ``(except as provided by Sec.
319.56-2f of this part)'' would be removed.
b. In paragraph (e), the words ``the Fruits and Vegetables
Quarantine (Sec. 319.56)'' would be removed and the words ``Subpart--
Fruits and Vegetables of this part'' would be added in their place.
[[Page 25033]]
Sec. 319.37-2 [Amended]
8. In Sec. 319.37-2, paragraph (a), in the table, the entry for
``Cocos nucifera'' would be amended by removing the citation ``Sec.
319.56'' in column 1 and adding the citation ``Sec. 319.56-11'' in its
place.
Sec. 319.40-2 [Amended]
9. In Sec. 319.40-2, paragraph (c) would be amended by removing
the words ``Sec. Sec. 319.56 through 319.56-8,''.
Sec. 319.40-9 [Amended]
10. In Sec. 319.40-9, paragraph (a)(4)(i), footnote 4 would be
amended by removing the words ``Sec. Sec. 319.56 through 319.56-8,''.
Sec. 319.41a [Amended]
11. In Sec. 319.41a, paragraph (c) would be amended by removing
the citation ``Sec. 319.56-2'' and adding the citation ``Sec. 319.56-
3'' in its place.
12. Subpart--Fruits and Vegetables, Sec. Sec. 319.56 through
319.56-8, would be revised to read as follows:
Subpart--Fruits and Vegetables
Sec.
319.56-1 Notice of quarantine.
319.56-2 Definitions.
319.56-3 General requirements for all imported fruits and
vegetables.
319.56-4 Approval of certain fruits and vegetables for importation.
319.56-5 Pest-free areas.
319.56-6 Trust fund agreements.
319.56-7 Territorial applicability and exceptions.
319.56-8 through 319.56-9 [Reserved]
319.56-10 Importation of fruits and vegetables from Canada.
319.56-11 Importation of dried, cured, or processed fruits,
vegetables, nuts, and legumes.
319.56-12 Importation of frozen fruits and vegetables.
319.56-13 Additional requirements for certain fruits and vegetables.
319.56-14 through 319.56-19 [Reserved]
319.56-20 Apples and pears from Australia (including Tasmania) and
New Zealand.
319.56-21 Okra from certain countries.
319.56-22 Apples and pears from certain countries in Europe.
319.56-23 Apricots, nectarines, peaches, plumcot, and plums from
Chile.
319.56-24 Lettuce and peppers from Israel.
319.56-25 Papayas from Central America and Brazil.
319.56-26 Melon and watermelon from certain countries in South
America.
319.56-27 Fuji variety apples from Japan and the Republic of Korea.
319.56-28 Tomatoes from certain countries.
319.56-29 Ya variety pears from China.
319.56-30 Hass avocados from Michoacan, Mexico.
319.56-31 Peppers from Spain.
319.56-32 Peppers from New Zealand.
319.56-33 Mangoes from the Philippines.
319.56-34 Clementines from Spain.
319.56-35 Persimmons from the Republic of Korea.
319.56-36 Watermelon, squash, cucumber, and oriental melon from the
Republic of Korea.
319.56-37 Grapes from the Republic of Korea.
319.56-38 Clementines, mandarins, and tangerines from Chile.
319.56-39 Fragrant pears from China.
319.56-40 Peppers from certain Central American countries.
Subpart--Fruits and Vegetables
Sec. 319.56-1 Notice of quarantine.
(a) Under Sec. 412(a) of the Plant Protection Act, the Secretary
of Agriculture may prohibit or restrict the importation and entry of
any plant or plant product if the Secretary determines that the
prohibition or restriction is necessary to prevent the introduction
into the United States or the dissemination within the United States of
a plant pest or noxious weed.
(b) The Secretary has determined that it is necessary to prohibit
the importation into the United States of fruits and vegetables and
associated plants and portions of plants except as provided in this
part.
Sec. 319.56-2 Definitions.
Above ground parts. Any plant parts, such as stems, leaves, fruit,
or inflorescence (flowers), that grow solely above the soil surface.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
other employee of the United States Department of Agriculture delegated
to act in his or her stead.
APHIS. The Animal and Plant Health Inspection Service, United
States Department of Agriculture.
Commercial consignment. A lot of fruits or vegetables that an
inspector identifies as having been imported for sale and distribution.
Such identification will be based on a variety of indicators,
including, but not limited to: Quantity of produce, type of packaging,
identification of grower or packing house on the packaging, and
documents consigning the fruits or vegetables to a wholesaler or
retailer.
Commodity. A type of plant, plant product or other regulated
article being moved for trade or other purpose.
Consignment. A quantity of plants, plant products, and/or other
articles, including fruits or vegetables, being moved from one country
to another and covered, when required, by a single phytosanitary
certificate (a consignment may be composed of one or more commodities
or lots).
Country of origin. Country where the plants from which the plant
products are derived were grown.
Cucurbits. Any plants in the family Cucurbitaceae.
Field. A plot of land with defined boundaries within a place of
production on which a commodity is grown.
Fruits and vegetables. A commodity class for fresh parts of plants
intended for consumption or processing and not for planting.
Import and importation. To move into, or the act of movement into,
the territorial limits of the United States.
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of the Bureau of Customs and Border Protection,
Department of Homeland Security, to enforce the regulations in this
subpart.
Lot. A number of units of a single commodity, identifiable by its
homogeneity of composition and origin, forming all or part of a
consignment.
National plant protection organization. Official service
established by a government to discharge the functions specified by the
International Plant Protection Convention.
Noncommercial consignment. A lot of fruits or vegetables that an
inspector identifies as having been imported for personal use and not
for sale.
Permit. A written, oral, or electronically transmitted
authorization to import fruits or vegetables in accordance with this
subpart.
Phytosanitary certificate. A document, including electronic
versions, that is related to a consignment and that:
(1) Is patterned after the model certificate of the International
Plant Protection Convention (IPPC), a multilateral convention on plant
protection under the authority of the Food and Agriculture Organization
of the United Nations (FAO);
(2) Is issued by an official of a foreign national plant protection
organization in one of the five official languages of the FAO;
(3) Is addressed to the plant protection service of the United
States (Animal and Plant Health Inspection Service);
(4) Describes the consignment;
(5) Certifies the place of origin for all contents of the
consignment;
(6) Certifies that the consignment has been inspected and/or tested
according to appropriate official procedures and is considered to be
free from quarantine pests of the United States;
(7) Contains any additional declarations required by this subpart;
and
[[Page 25034]]
(8) Certifies that the consignment conforms with the phytosanitary
requirements of the United States and is considered eligible for
importation pursuant to the laws and regulations of the United States.
Phytosanitary measure. Any legislation, regulation or official
procedure having the purpose to prevent the introduction and/or spread
of quarantine pests, or to limit the economic impact of regulated non-
quarantine pests.
Place of production. Any premises or collection of fields operated
as a single production or farming unit. This may include a production
site that is separately managed for phytosanitary purposes.
Plant debris. Detached leaves, twigs, or other portions of plants,
or plant litter or rubbish as distinguished from approved parts of
clean fruits and vegetables, or other commercial articles.
Port of first arrival. The first port within the United States
where a consignment is (1) offered for consumption entry or (2) offered
for entry for immediate transportation in bond.
Production site. A defined portion of a place of production
utilized for the production of a commodity that is managed separately
for phytosanitary purposes. This may include the entire place of
production or portions of it. Examples of portions of places of
production are a defined orchard, grove, field, or premises.
Quarantine pest. A pest of potential economic importance to the
area endangered by it and not yet present there, or present but not
widely distributed there and being officially controlled.
United States. All of the States of the United States, the
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, the Virgin Islands of the United
States, and any other territory or possession of the United States.
West Indies. The foreign islands lying between North and South
America, the Caribbean Sea, and the Atlantic Ocean, divided into the
Bahamas, the Greater Antilles (including Hispaniola), and the Lesser
Antilles (including the Leeward Islands, the Windward Islands, and the
islands north of Venezuela).
Sec. 319.56-3 General requirements for all imported fruits and
vegetables.
All fruits and vegetables that are allowed importation under this
subpart must be imported in accordance with the following requirements,
except as specifically provided otherwise in this subpart.
(a) Freedom from plant debris. All fruits and vegetables imported
under this subpart, whether in commercial or noncommercial
consignments, must be free from plant debris, as defined in Sec.
319.56-2;
(b) Permit. (1) All fruits and vegetables imported under this
subpart, whether commercial or noncommercial consignments, must be
imported under permit issued by APHIS, must be imported under the
conditions specified in the permit, and must be imported in accordance
with all applicable regulations in this part; except for:
(i) Dried, cured, or processed fruits and vegetables (except frozen
fruits and vegetables), including cured figs and dates, raisins, nuts,
and dried beans and peas, except certain acorns and chestnuts subject
to Sec. 319.56-11 of this subpart;
(ii) Fruits and vegetables grown in Canada (except potatoes from
Newfoundland and that portion of the Municipality of Central Saanich in
the Province of British Columbia east of the West Saanich Road, which
are prohibited importation into the United States); and
(iii) Fruits and vegetables except mangoes, grown in the British
Virgin Islands that are imported into the U.S. Virgin Islands.
(2) Applying for a permit. Permit applications must be submitted in
writing or electronically as provided in this paragraph and must be
submitted in advance of the proposed importation. Applications must
state the country or locality of origin of the fruits or vegetables,
the anticipated port of first arrival, the name and address of the
importer in the United States, and the identity (scientific name
preferred) and quantity of the fruit or vegetable. Use of PPQ Form 587
or Internet application is preferred.
(i) By mail. Persons who wish to apply by mail for a permit to
import fruits or vegetables into the United States must submit their
application to the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Permit Services, 4700 River Road, Unit 136,
Riverdale, MD 20737-1236.
(ii) Via the Internet. Persons who wish to apply for a permit to
import fruits or vegetables into the United States via the internet
must do so using APHIS Plant Protection and Quarantine's permit Web
site at http://www.aphis.usda.gov/ppq/permits/.
(iii) By fax. Persons who wish to apply by fax for a permit to
import fruits or vegetables into the United States must do so by faxing
their application to: Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Permit Services, (301) 734-5786.
(3) Issuance of permits. If APHIS approves a permit application,
APHIS will issue a permit specifying the conditions applicable to the
importation of the fruit or vegetable.
(4) Issuance of oral permits. Oral permits may be issued at ports
of entry for noncommercial consignments if the commodity is admissible
with inspection only. Oral permits may be issued for commercial
consignments of fruits and vegetables that are not accompanied by a
written permit upon arrival in the United States if all applicable
entry requirements are met and proof of application for a written
permit is supplied to an inspector.
(5) Amendment, denial, or withdrawal of permits. The Administrator
may amend, deny, or withdraw a permit at any time if he or she
determines that conditions exist that present an unacceptable risk of
the fruit or vegetable introducing quarantine pests or noxious weeds
into the United States. If the withdrawal is oral, the withdrawal of
the permit and the reasons for the withdrawal will be confirmed in
writing as promptly as circumstances allow.
(6) Appeals. Any person whose permit has been amended, denied, or
withdrawn may appeal the decision in writing to the Administrator
within 10 days after receiving the written notification of the
decision. The appeal must state all of the facts and reasons upon which
the person relies to show that the permit was wrongfully amended,
denied, or withdrawn. The Administrator will grant or deny the appeal,
in writing, stating the reasons for granting or denying the appeal, as
promptly as circumstances permit. If there is a conflict as to any
material fact and the person who has filed an appeal requests a
hearing, a hearing will be held to resolve the conflict. Rules of
practice concerning the hearing will be adopted by the Administrator.
The permit withdrawal will remain in effect pending resolution of the
appeal or the hearing.
(7) Special use permits. The Administrator may grant special use
permits that authorize the importation of small lots of fruits or
vegetables that are otherwise prohibited importation under this part,
provided that the fruits or vegetables:
(i) Are not intended for commercial distribution;
(ii) Are to be imported, transported, and stored or displayed under
specific conditions which the Administrator has
[[Page 25035]]
determined will mitigate the pest risk posed by the imported fruits or
vegetables; and
(iii) Are to be consumed, disposed of, destroyed, or re-exported at
a time and in a manner and place ordered by an inspector or as
specified in the permit.
(c) Ports of entry. (1) Fruits and vegetables must be imported into
specific ports if so required by this subpart or by part 305 of this
chapter, or if so required by a permit issued under paragraph (b) of
this section for the importation of the particular fruit or vegetable.
If a permit issued for the importation of fruits or vegetables names
specific port(s) where the fruits or vegetables must be imported, the
fruits and vegetables may only be imported into the port(s) named in
the permit. If a permit issued for the importation of fruits or
vegetables does not name specific port(s) where the fruits or
vegetables must be imported, the fruits and vegetables may be imported
into any port referenced in paragraph (c)(2) of this section.
(2) Fruits and vegetables imported under this subpart may be
imported into any port listed in 19 CFR 101.3(b)(1), except as
otherwise provided by part 319 or by a permit issued in accordance with
part 319, and except as provided in Sec. 330.104 of this chapter.
Fruits and vegetables that are to be cold treated at ports in the
United States may only be imported into specific ports as provided in
Sec. 305.15 of this chapter.
(d) Inspection, treatment, and other requirements. All imported
fruits or vegetables are subject to inspection, are subject to such
disinfection at the port of first arrival as may be required by an
inspector, and are subject to reinspection at other locations at the
option of an inspector. If an inspector finds plants or portions of
plants, or a plant pest or noxious weed, or evidence of a plant pest or
noxious weed on or in any fruit or vegetable or its container, or finds
that the fruit or vegetable may have been associated with other
articles infested with plant pests or noxious weeds, the owner or agent
of the owner of the fruit or vegetable must clean or treat the fruit or
vegetable and its container as required by an inspector, and the fruit
or vegetable is also subject to reinspection, cleaning, and treatment
at the option of an inspector at any time and place until all
applicable requirements of this subpart have been accomplished.
(1) Notice of arrival; assembly for inspection. Any person
importing fruits and vegetables into the United States must offer those
agricultural products for inspection and entry at the port of first
arrival. The owner or agent must assemble the fruits and vegetables for
inspection at the port of first arrival, or at any other place
designated by an inspector, and in a manner designated by the
inspector. All fruits and vegetables must be accurately disclosed and
made available to an inspector for examination. The owner or the agent
must provide an inspector with the name and address of the consignee
and must make full disclosure of the type, quantity, and country and
locality of origin of all fruits and vegetables in the consignment,
either orally for noncommercial consignments or on an invoice or
similar document for commercial consignments.
(2) Refusal of entry. If an inspector finds that an imported fruit
or vegetable is prohibited, or is not accompanied by required
documentation, or is so infested with a plant pest or noxious weed
that, in the judgment of the inspector, it cannot be cleaned or
treated, or contains soil or other prohibited contaminants, the entire
lot or consignment may be refused entry into the United States.
(3) Release for movement. No person may move a fruit or vegetable
from the port of first arrival unless an inspector has either:
(i) Released it;
(ii) Ordered treatment at the port of first arrival and, after
treatment, released the fruit or vegetable;
(iii) Authorized movement of the fruit or vegetable to another
location for treatment, further inspection, or destruction; or
(iv) Ordered the fruit or vegetable to be reexported.
(4) Notice to owner of actions ordered by inspector. If an
inspector orders any disinfection, cleaning, treatment, reexportation,
recall, destruction, or other action with regard to imported fruits or
vegetables while the shipment is in foreign commerce, the inspector
will issue an emergency action notification (PPQ Form 523) to the owner
of the fruits or vegetables or to the owner's agent. The owner must,
within the time and in the manner specified in the PPQ Form 523,
destroy the fruits and vegetables, ship them to a point outside the
United States, move them to an authorized site, and/or apply treatments
or other safeguards to the fruits and vegetables as prescribed to
prevent the introduction of plant pests or noxious weeds into the
United States.
(e) Costs and charges. APHIS will be responsible only for the costs
of providing the services of an inspector during regularly assigned
hours of duty and at the usual places of duty.\1\ The owner of imported
fruits or vegetables is responsible for all additional costs of
inspection, treatment, movement, storage, destruction, or other
measures ordered by an inspector under this subpart, including any
labor, chemicals, packing materials, or other supplies required. APHIS
will not be responsible for any costs or charges, other than those
identified in this section.
---------------------------------------------------------------------------
\1\ Provisions relating to costs for other services of an
inspector are contained in part 354 of this chapter.
---------------------------------------------------------------------------
(f) APHIS not responsible for damage. APHIS assumes no
responsibility for any damage to fruits or vegetables that results from
the application of treatments or other measures required under this
subpart (or under part 305 of this chapter) to protect against the
introduction of plant pests into the United States.
Sec. 319.56-4 Approval of certain fruits and vegetables for
importation.
(a) Determination by the Administrator. The Administrator has
determined that the application of one or more of the designated
phytosanitary measures cited in paragraph (b) of this section to
certain imported fruits and vegetables mitigates the risk posed by
those commodities, and that such fruits and vegetables may be imported
into the United States subject to one or more of those measures, as
provided in paragraphs (c) and (d) of this section. The name and origin
of all fruits and vegetables authorized importation under this section,
as well as the applicable requirements for their importation may be
found on the Internet at http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm. Commodities that require phytosanitary measures other
than one or more of the designated phytosanitary measures cited in
paragraph (b) of this section may only be imported in accordance with
applicable requirements in Sec. 319.56-3 and commodity-specific
requirements contained elsewhere in this subpart.
(b) Designated phytosanitary measures.
(1) Fruits or vegetables are subject to inspection upon arrival in
the United States and comply with all applicable provisions of Sec.
319.56-3.
(2) The fruits or vegetables are imported from a pest-free area in
the country of origin and are accompanied by a phytosanitary
certificate stating that the fruits or vegetables originated in a pest-
free area in the country of origin.
(3) The fruits or vegetables are treated in accordance with part
305 of this chapter.
[[Page 25036]]
(4) The fruits or vegetables are inspected in the country of origin
by an inspector or an official of the national plant protection
organization of the exporting country, and have been found free of one
or more specific quarantine pests identified by risk analysis as likely
to follow the import pathway.
(c) Fruits and vegetables authorized importation under this
section.
(1) Previously approved fruits and vegetables. Fruits and
vegetables that were authorized importation under this subpart either
directly by permit or by specific regulation as of [effective date of
final rule] and that were subject only to one or more of the designated
phytosanitary measures cited in paragraph (b) of this section and the
general requirements of Sec. 319.56-3, may continue to be imported
into the United States under the same requirements that applied before
[effective date of final rule], except as provided in paragraph (d) of
this section.
(2) Other fruits and vegetables. Fruits and vegetables that do not
meet the criteria in paragraph (c)(1) of this section may be authorized
importation under this section as follows:
(i) Pest risk analysis. The risk posed by the particular fruit or
vegetable from a specified country or other region has been evaluated
and publicly communicated as follows:
(A) Availability of pest risk analysis. APHIS published in the
Federal Register, for a minimum of 60 days public comment, a notice
announcing the availability of a pest risk analysis that evaluated the
risks associated with the importation of the particular fruit or
vegetable.
(B) Determination of risk; factors considered. The Administrator
determined, and announced in the notice referred to in the previous
paragraph, that, based on the information available, the application of
one or more of the designated phytosanitary measures described in
paragraph (b) of this section is sufficient to mitigate the risk that
plant pests or noxious weeds could be introduced into or disseminated
within the United States via the imported fruit or vegetable. In order
for the Administrator to make the determination described in this
paragraph, the risk analysis for the fruit or vegetable must find that
the risk posed by each quarantine pest associated with the fruit or
vegetable in the country or other region of origin is mitigated by one
or more of the following factors:
(1) Inspection. A quarantine pest is associated with the commodity
in the country or region of origin, but the pest can be easily detected
via inspection;
(2) Pest freedom. No quarantine pests are known to be associated
with the fruit or vegetable in the country or region of origin, or a
quarantine pest is associated with the commodity in the country or
region of origin but the commodity originates from an area in the
country or region that meets the requirements of Sec. 319.56-5 for
freedom from that pest;
(3) Effectiveness of treatment. A quarantine pest is associated
with the fruit or vegetable in the country or region of origin, but the
risk posed by the pest can be reduced by applying an approved post-
harvest treatment to the fruit or vegetable.
(4) Pre-export inspection. A quarantine pest is associated with the
commodity in the country or region of origin, but the commodity is
subject to pre-export inspection, and the commodity is to be
accompanied by a phytosanitary certificate that contains an additional
declaration that the commodity has been inspected and found free of
such pests in the country or region of origin.
(ii) Issuance of import permits. The Administrator announced in a
subsequent Federal Register notice that APHIS would begin issuing
permits for importation of the fruit or vegetable subject to
requirements specified in the notice because:
(A) No comments were received on the pest risk analysis;
(B) The comments on the pest risk analysis revealed that no changes
to the pest risk analysis were necessary; or
(C) Changes to the pest risk analysis were made in response to
public comments, but the changes did not affect the overall conclusions
of the analysis and the Administrator's determination of risk.
(d) Amendment of import requirements. If, after [effective date of
final rule] the Administrator determines that one or more of the
designated phytosanitary measures is not sufficient to mitigate the
risk posed by any of the fruits and vegetables that are authorized
importation into the United States under this section, APHIS may
prohibit or further restrict importation of the fruit or vegetable and
publish a notice in the Federal Register advising the public of its
finding. The notice will specify the amended import requirements,
provide an effective date for the change, and will invite public
comment on the subject.
Sec. 319.56-5 Pest-free areas.
As provided elsewhere in this subpart, certain fruits and
vegetables may be imported into the United States provided that the
fruits or vegetables originate from an area that is free of a specific
pest or pests. In some cases, fruits or vegetables may only be imported
if the area of export is free of all quarantine pests that attack the
fruit or vegetable. In other cases, fruits and vegetables may be
imported if the area of export is free of one or more quarantine pests
that attack the fruit or vegetable, and provided that the risk posed by
the remaining quarantine pests that attack the fruit or vegetable is
mitigated by other specific phytosanitary measures contained in the
regulations in this subpart.
(a) Application of international standard for pest free areas.
APHIS requires that determinations of pest-free areas be made in
accordance with the criteria for establishing freedom from pests found
in International Standard for Phytosanitary Measures No. 4,
``Requirements for the establishment of pest free areas.'' The
international standard was established by the International Plant
Protection Convention of the United Nations' Food and Agriculture
Organization and is incorporated by reference in Sec. 300.6 of this
chapter.
(b) Survey protocols. APHIS must approve the survey protocol used
to determine and maintain pest-free status, as well protocols for
actions to be performed upon detection of a pest. Pest-free areas are
subject to audit by APHIS to verify their status.
(c) Determination of pest freedom. For an area to be considered
free of a specified pest for the purposes of this subpart, the
Administrator must determine, and announce in a notice or rule
published in the Federal Register, that the area meets the criteria of
paragraphs (a) and (b) of this section.
(d) Decertification of pest-free areas; reinstatement. If a pest is
detected in an area that is designated as free of that pest, APHIS
would publish in the Federal Register a notice announcing that the
pest-free status of the area in question has been withdrawn, and that
imports of host crops for the pest in question are subject to
application of an approved treatment for the pest. If a treatment for
the pest is not available, the host crops would be prohibited
importation. In order for a decertified pest-free area to be
reinstated, it would have to meet the criteria of paragraphs (a) and
(b) of this section.
(e) General requirements for fruits and vegetables imported from
pest-free areas.
(1) Labeling. Each box of fruits or vegetables that is imported
into the United States from a pest-free area under this subpart must be
clearly labeled with:
[[Page 25037]]
(i) The name of the orchard or grove of origin, or the name of the
grower; and
(ii) The name of the municipality and State in which the fruits or
vegetables were produced; and
(iii) The type and amount of fruit the box contains.
(2) Phytosanitary certificate. A phytosanitary certificate must
accompany the imported fruits or vegetables, and must contain an
additional declaration that the fruits originate from a pest-free area
that meets the requirements of paragraphs (a) and (b) of this section.
(3) Safeguarding. If fruits or vegetables are moved from a pest-
free area into or through an area that is not free of that pest, the
fruits or vegetables must be safeguarded during the time they are
present in a non-pest-free area by being covered with insect-proof mesh
screens or plastic tarpaulins, including while in transit to the
packing house and while awaiting packaging. If fruits or vegetables are
moved through an area that is not free of that pest during transit to a
port, they must be packed in insect-proof cartons or containers or be
covered by insect-proof mesh or plastic tarpaulins during transit to
the port and subsequent export to the United States. These safeguards
described in this section must be intact upon arrival in the United
States.
Sec. 319.56-6 Trust fund agreements.
If APHIS personnel need to be physically present in an exporting
country or region to facilitate the exportation of fruits or vegetables
and APHIS services are to be funded by the national plant protection
organization of the exporting country or a private export group, then
the national plant protection organization or the private export group
must enter into a trust fund agreement with APHIS that is in effect at
the time the fruits or vegetables are exported. Under the agreement,
the national plant protection organization of the exporting country or
the private export group must pay in advance all estimated costs that
APHIS expects to incur in providing inspection services in the
exporting country. These costs will include administrative expenses
incurred in conducting the services and all salaries (including
overtime and the Federal share of employee benefits), travel expenses
(including per diem expenses), and other incidental expenses incurred
by the inspectors in performing services. The agreement must require
the national plant protection organization of the exporting country or
region or a private export group to deposit a certified or cashier's
check with APHIS for the amount of those costs, as estimated by APHIS.
The agreement must further specify that, if the deposit is not
sufficient to meet all costs incurred by APHIS, the national plant
protection organization of the exporting country or a private export
group must deposit with APHIS, before the services will be completed, a
certified or cashier's check for the amount of the remaining costs, as
determined by APHIS. After a final audit at the conclusion of each
shipping season, any overpayment of funds would be returned to the
national plant protection organization of the exporting country or
region or a private export group, or held on account.
Sec. 319.56-7 Territorial applicability and exceptions.
(a) The regulations in this subpart apply to importations of fruits
and vegetables into any area of the United States, except as provided
in this section.
(b) Importations of fruits and vegetables into Guam.
(1) The following fruits and vegetables may be imported into Guam
without treatment, except as may be required under Sec. 319.56-3(d),
and in accordance with all the requirements of this subpart as modified
by this section:
(i) All leafy vegetables and root crops from the Bonin Islands,
Volcano Islands, and Ryukyu Islands.
(ii) All fruits and vegetables from Palau and the Federated States
of Micronesia (FSM), except Artocarpus spp. (breadfruit, jackfruit, and
chempedak), citrus, curacao apple, guava, Malay or mountain apple
(Syzygium spp.), mango, and papaya, and except dasheen from the Yap
district of FSM and from Palau, and bitter melon (Momordica charantia)
from Palau. The excepted products are approved for entry into Guam
after treatment with an approved treatment listed in part 305.
(iii) Allium (without tops), artichokes, bananas, bell peppers,
cabbage, carrots, celery, Chinese cabbage, citrus fruits, eggplant,
grapes, lettuce, melons, okra, parsley, peas, persimmons, potatoes,
rhubarb, squash (Cucurbita maxima), stone and pome fruits, string
beans, sweet potatoes, tomatoes, turnip greens, turnips, and
watermelons from Japan and Korea.
(iv) Leafy vegetables, celery, and potatoes from the Philippine
Islands.
(v) Carrots (without tops), celery, lettuce, peas, potatoes, and
radishes (without tops) from Australia.
(vi) Arrowroot, asparagus, bean sprouts, broccoli, cabbage, carrots
(without tops), cassava, cauliflower, celery, chives, cow-cabbage,
dasheen, garlic, gingerroot, horseradish, kale, kudzu, leek, lettuce,
onions, Portuguese cabbage, turnip, udo, water chestnut, watercress,
waterlily root, and yam bean root from Taiwan.
(vii) Lettuce from Papua New Guinea.
(viii) Carrots (without tops), celery, lettuce, loquats, onions,
persimmons, potatoes, tomatoes, and stone fruits from New Zealand.
(ix) Asparagus, carrots (without tops), celery, lettuce, and
radishes (without tops) from Thailand.
(x) Green corn on the cob.
(xi) All other fruits and vegetables approved for entry into any
other part or port of the United States, and except any which are
specifically designated in this subpart as not approved.
(2) An inspector in Guam may accept an oral application and issue
an oral permit for products listed in paragraph (a) of this section,
which is deemed to fulfill the requirements of Sec. 319.56-3(b) of
this subpart. The inspector may waive the documentation required in
Sec. 319.56-3 for such products whenever the inspector finds that
information available from other sources meets the requirements under
this subpart for the information normally supplied by such
documentation.
(3) The provisions of Sec. 319.56-11 do not apply to chestnuts and
acorns imported into Guam, which are enterable into Guam without permit
or other restriction under this subpart. If chestnuts or acorns
imported under this paragraph are found infected, infested, or
contaminated with any plant pest and are not subject to disposal under
this subpart, disposition may be made in accordance with Sec. 330.106
of this chapter.
(4) Baskets or other containers made of coconut fronds are not
approved for use as containers for fruits and vegetables imported into
Guam. Fruits and vegetables in such baskets or containers offered for
importation into Guam will not be regarded as meeting Sec. 319.56-
3(a).
(c) Importation of fruits and vegetables into the U.S. Virgin
Islands. (1) Fruits and vegetables grown in the British Virgin Islands
may be imported into the U.S. Virgin Islands in accordance with Sec.
319.56-3 of this subpart, except that:
(i) Such fruits and vegetables are exempt from the permit
requirements of Sec. 319.56-3(b); and
(ii) Mangoes grown in the British Virgin Islands are prohibited
entry into the U.S. Virgin Islands.
(2) Okra produced in the West Indies may be imported into the U.S.
Virgin Islands without treatment but are
[[Page 25038]]
subject to inspection at the port of arrival.
Sec. Sec. 319.56-8 through 319.56-9 [Reserved]
Sec. 319.56-10 Importation of fruits and vegetables from Canada.
Fruits and vegetables grown in Canada may be imported into the
United States subject to applicable requirements in Sec. 319.56-3,
except that, in accordance with Sec. 319.37-2 of this part, potatoes
from Newfoundland and that portion of the Municipality of Central
Saanich in the Province of British Columbia east of the West Saanich
Road may not be imported into the United States.
Sec. 319.56-11 Importation of dried, cured, or processed fruits,
vegetables, nuts, and legumes.
(a) Dried, cured, or processed fruits and vegetables (except frozen
fruits and vegetables), including cured figs and dates, raisins, nuts,
and dried beans and peas, may be imported without permit, phytosanitary
certificate, or other compliance with this subpart, except as
specifically provided otherwise in this section or elsewhere in this
part.
(b) Acorns and chestnuts. (1) From countries other than Canada and
Mexico; treatment required. Acorns and chestnuts intended for purposes
other than propagation, except those grown in and shipped from Canada
and Mexico, must be imported into the United States under permit, and
subject to all the requirements of Sec. 319.56-3, and must be treated
with an approved treatment listed in part 305 of this chapter.\2\
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\2\ Acorns and chestnuts imported into Guam are subject to the
requirements of Sec. 319.56-7(b).
---------------------------------------------------------------------------
(2) From Canada and Mexico. Acorns and chestnuts grown in and
shipped from Canada and Mexico for purposes other than propagation may
be imported in accordance with paragraph (a) of this section.
(3) For propagation. Acorns and chestnuts from any country may be
imported for propagation only in accordance with the applicable
requirements in Sec. Sec. 319.37 through 319.37-14 of this part.
(c) Macadamia nuts. Macadamia nuts in the husk or shell are
prohibited importation into the United States unless the macadamia nuts
were produced in, and imported from, St. Eustatius.
Sec. 319.56-12 Importation of frozen fruits and vegetables.
Frozen fruits and vegetables may be imported into the United States
in accordance with Sec. 319.56-3. Such fruits and vegetables must be
held at a temperature not higher than 20 [deg]F during shipping and
upon arrival in the United States, and in accordance with the
requirements for importing frozen fruits and vegetables in part 305 of
this chapter. The importation from foreign countries of frozen fruits
and vegetables is not authorized when such fruits and vegetables are
subject to attack in the area of origin by plant pests that may not, in
the judgment of the Administrator, be destroyed by quick freezing.
Sec. 319.56-13 Fruits and vegetables allowed importation subject to
specified conditions.
(a) The following fruits and vegetables may be imported in
accordance with Sec. 319.56-3 and any additional requirements
specified in this section.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Country/locality of origin Common name Botanical name Plant part(s) Additional requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Algeria........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Angola............................ Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Antigua and Barbuda............... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Argentina......................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Australia (Tasmania only)......... Cucurbit............. As defined in 319.56-2.... Fruit................ (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Austria........................... Asparagus, white..... Asparagus officinalis..... Shoot................ (b)(4)(iii).
Bahamas........................... Cucurbit............. As defined in 319.56-2.... Fruit................ (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Barbados.......................... Cucurbit............. As defined in 319.56-2.... Fruit................ (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Belgium........................... Apricot.............. Prunus armeniaca.......... Fruit................ (b)(5)(xiv).
Cucumber............. Cucumis sativus........... Fruit................ (b)(3).
Fig.................. Ficus carica.............. Fruit................ (b)(5)(xiv).
Nectarine............ Prunus persica var. Fruit................ (b)(5)(xiv).
nucipersica.
Peach................ Prunus persica............ Fruit................ (b)(5)(xiv).
Plum................. Prunus domestica.......... Fruit................ (b)(5)(xiv).
Belize............................ Eggplant............. Solanum melongena......... Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(1)(i), (b)(2)(iii).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3).
Benin............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Bolivia........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Brazil............................ Cantaloupe........... Cucumis melo var. Fruit................ (b)(1)(v), (b)(3).
cantaloupensis.
Cassava.............. Manihot esculenta......... Fruit................ (b)(2)(vii).
Honeydew melon....... Cucumis melo.............. Fruit................ (b)(1)(v), (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Watermelon........... Citrullus lanatus var. Fruit................ (b)(1)(v), (b)(3).
lanatus.
Burkina Faso...................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Cameroon.......................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Cayman Islands.................... Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Chile............................. African horned Cucumis metuliferus....... Fruit................ (b)(2)(i).
cucumber.
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
[[Page 25039]]
China............................. Litchi............... Litchi chinensis.......... Fruit................ (b)(2)(v).
Columbia.......................... Eggplant............. Solanum melongena......... Fruit................ (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Yellow pitaya........ Selinicereus megalanthus.. Fruit................ (b)(5)(xvi).
Congo, Democratic Republic of..... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Cook Islands...................... Ginger............... Zingiber officinalis...... Root................. (b)(2)(ii).
Banana............... Musa spp.................. Fruit................ (b)(4)(i).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi), (b)(5)(vii).
Costa Rica........................ Cucurbit............. Cucurbitaceae............. Fruit................ (b)(2)(iii), (b)(3).
Eggplant............. Solanum melongena......... Fruit................ (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3).
Cote d'Ivoire..................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Cyprus............................ Lemon................ Citrus limon.............. Fruit................ (b)(3).
Lime................. Citrus aurantiifolia and Fruit................ (b)(3).
Citrus limettioides.
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3).
Dominica.......................... Grapefruit........... Citrus paradisi........... Fruit................ (b)(3).
Orange, sweet........ Citrus sinensis........... Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Tangerine............ Citrus reticulata......... Fruit................ (b)(3).
Dominican Republic................ Cucurbit............. Cucurbitaceae............. Fruit................ (b)(2)(iii), (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(iii), (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(iii), (b)(2)(vi).
Ethrog............... Citrus medica............. Fruit................ (b)(3).
Honeydew melon....... Cucumis melo.............. Fruit................ (b)(3).
Ecuador........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(iii), (b)(2)(vi).
Egypt............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
El Salvador....................... Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Eggplant............. Solanum melongena......... Fruit with stem...... (b)(3).
Fennel............... Foeniculum vulgare........ Leaf and stem........ (b)(2)(i).
German chamomile..... Matricaria recutita and Flower and leaf...... (b)(2)(i).
Matricaria chamomilla.
Oregano or sweet Origanum spp.............. Leaf and stem........ (b)(2)(i).
marjoram.
Parsley.............. Petroselinum crispum...... Leaf and stem........ (b)(2)(i).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Rosemary............. Rosmarinus officinalis.... Leaf and stem........ (b)(2)(i).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3).
Waterlily or lotus... Nelumbo nucifera.......... Roots without soil... (b)(2)(i).
Yam-bean or Jicama... Pachyrhizus spp........... Roots without soil... (b)(2)(i).
Fiji.............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi), (b)(5)(vii).
France............................ Bean................. Glycine max (Soybean); Fruit................ (b)(5)(xiii).
Phaseolus coccineus,
(Scarlet or french runner
bean); Phaseolus lunatus
(lima bean); Phaseolus
vulgaris (green bean,
kidney bean, navy bean,
pinto bean, red bean,
string bean, white bean);
Vicia faba (faba bean,
broadbean, haba,
habichuela, horsebean,
silkworm bean, windsor
bean; Vigna radiata (mung
bean); Vigna unguiculata
(includes: ssp.
cylindrica, ssp.
dekintiana, ssp.
sesquipedalis (yard-long
bean, asparagus bean,
long bean) ssp.
unguiculata (southern
pea, black-eyed bean,
black-eyed pea, cowpea,
crowder pea)).
Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Tomato............... Lycopersicon esculentum... Fruit, stem and leaf. (b)(4)(ii).
French Guiana..................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
French Polynesia, including Tahiti Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi), (b)(5)(vii).
Ghana............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Greece............................ Tomato............... Lycopersicon esculentum... Fruit................ (b)(3).
Grenada........................... Atemoya.............. Annona squamosa x A. Fruit................ (b)(3).
cherimola.
Cherimoya............ Annona cherimola.......... Fruit................ (b)(3).
Custard apple........ Annona reticulata......... Fruit................ (b)(3).
Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
[[Page 25040]]
Soursop.............. Annona muricata........... Fruit................ (b)(3).
Sugar apple.......... Annona squamosa........... Fruit................ (b)(3).
Guadeloupe........................ Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Guatemala......................... Cucurbit............. Cucurbitaceae............. Fruit................ (b)(2)(iii), (b)(3).
Eggplant............. Solanum melongena......... Fruit................ (b)(3).
Fennel............... Foeniculum vulgare........ Leaf and stem........ (b)(2)(i).
German chamomile..... Matricaria recutita and Flower and leaf...... (b)(2)(i).
Matricaria chamomilla.
Naranjilla........... Solanum quitoense......... Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(1)(i), (b)(2)(iii).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Rosemary............. Rosmarinus officinalis.... Leaf and stem........ (b)(2)(i).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3), (b)(4)(ii).
Waterlily or lotus... Nelumbo nucifera.......... Roots without soil... (b)(2)(i).
Yam-bean or jicama... Pachyrhizus spp........... Roots without soil... (b)(2)(i).
Guinea............................ Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Guyana............................ Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Haiti............................. Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Honduras.......................... Basil................ Ocimum basilicum.......... Leaf and stem........ (b)(2)(i), (b)(5)(iv).
Cucurbit............. Cucurbitaceae............. Fruit................ (b)(2)(iii), (b)(3).
Eggplant............. Solanum melongena......... Fruit................ (b)(3).
German chamomile..... Matricaria recutita and Flower and leaf...... (b)(2)(i).
Matricaria chamomilla.
Oregano or sweet Origanum spp.............. Leaf and stem........ (b)(2)(i).
marjoram.
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3), (b)(4)(ii).
Waterlily or lotus... Nelumbo nucifera.......... Roots without soil... (b)(2)(i).
Yam-bean or Jicama... Pachyrhizus spp........... Roots without soil... (b)(2)(i).
India............................. Litchi............... Litchi chinensis.......... Fruit................ (b)(2)(v).
Indonesia......................... Dasheen.............. Colocasia spp., Alocasia Tuber................ (b)(2)(iv).
spp., and Xanthosoma spp.
Israel............................ Melon................ Cucumis melo only......... Fruit................ (b)(5)(viii).
Tomato (green)....... Lycopersicon esculentum... Fruit................ (b)(3), (b)(4)(ii) or
(b)(3), (b)(5)(xvii).
Tomato (red or pink). Lycopersicon esculentum... Fruit................ (b)(3), (b)(5)(ix) or
(b)(3), (b)(5)(xvii).
Italy............................. Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Garlic............... Allium sativum............ Bulb................. (b)(5)(iv).\1\
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3), (b)(4)(ii).
Jamaica........................... Cucurbit............. Cucurbitaceae............. Fruit................ (b)(2)(iii), (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(iii), (b)(2)(iv),
(b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Japan............................. Bean (garden)........ Phaseolus vulgaris........ Fruit................ (b)(2)(x), (b)(5)(xiv).
Cucumber............. Cucumis sativas........... Fruit................ (b)(2)(x), (b)(5)(xv).
Pepper............... Capsicum spp.............. Fruit................ (b)(2)(x), (b)(5)(xiv).
Sand pear............ Pyrus pyrifolia var. culta Fruit................ (b)(5)(x).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(2)(x), (b)(5)(xv).
Kenya............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Liberia........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Mali.............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Martinique........................ Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Mauritania........................ Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Mexico............................ Coconut.............. Cocos nucifera............ Fruit with milk and (b)(5)(v).
husk.\2\
Fig.................. Ficus carica.............. Fruit................ (b)(1)(iii), (b)(2)(i).
Pitaya............... Hylocereus spp............ Fruit................ (b)(1)(iv), (b)(2)(i).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Montserrat........................ Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Morocco........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Morocco and Western Sahara........ Tomato............... Lycopersicon esculentum... Fruit, stem, and leaf (b)(4)(ii).
[[Page 25041]]
Netherlands....................... Cucurbit............. Cucurbitaceae............. Fruit................ (b)(2)(iii), (b)(3).
Peach................ Prunus persica............ Fruit................ (b)(5)(xiv).
Pepper............... Capsicum spp.............. Fruit................ (b)(5)(xi).
Netherlands Antilles.............. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
New Zealand....................... Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Passion fruit........ Passiflora spp............ Fruit................ (b)(2)(vi).
Nicaragua......................... Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3).
Eggplant............. Solanum melongena......... Fruit with stem...... (b)(3).
Fennel............... Foeniculum vulgare........ Leaf and stem........ (b)(2)(i).
German chamomile..... Matricaria recutita and Flower and leaf...... (b)(2)(i).
Matricaria chamomilla.
Naranjilla........... Solanum quitoense......... Fruit................ (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3), (b)(4)(ii).
Waterlily or lotus... Nelumbo nucifera.......... Roots without soil... (b)(2)(i).
Yam-bean or Jicama... Pachyrhizus spp........... Roots without soil... (b)(2)(i).
Niger............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Nigeria........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Panama............................ Cucurbit............. As defined in 319.56-2.... Fruit................ (b)(2)(iii), (b)(3).
Eggplant............. Solanum melongena......... Fruit................ (b)(3).
Rambutan............. Nephelium lappaceum....... Fruit................ (b)(2)(i), (b)(5)(iii).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(3), (b)(4)(ii).
Paraguay.......................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Peru.............................. Honeydew melon....... Cucumis melo.............. Fruit................ (b)(1)(v), (b)(2)(i),
(b)(3), (b)(5)(xii).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Philippines....................... Pineapple............ Ananas comosus............ Fruit................ (b)(5)(vii).
Portugal (including Azores)....... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Portugal (Azores only)............ Tomato............... Lycopersicon esculentum... Fruit................ (b)(3), (b)(4)(ii).
Republic of Korea................. Dasheen.............. Colocasia spp., Alocasia Root................. (b)(2)(iv).
spp., and Xanthosoma spp.
Sand pear............ Pyrus pyrifolia var. culta Fruit................ (b)(5)(x).
Strawberry........... Fragaria spp.............. Fruit................ (b)(5)(ii).
St. Kitts and Nevis............... Cucurbit............. As defined in 319.56-2.... Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
St. Lucia......................... Cucurbit............. As defined in 319.56-2.... Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
St. Martin........................ Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Barbados cherry...... Malpighia glabra.......... Fruit................ (b)(2)(vi).
St. Vincent....................... Cucurbit............. As defined in 319.56-2.... Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Senegal........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Sierra Leone...................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
South Africa...................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Spain............................. Cucumber............. Cucumis sativus........... Fruit................ (b)(3).
Cucurbit............. Cucurbitaceae............. Above ground parts... (b)(3).
Eggplant............. Solanum melongena......... Fruit with stem...... (b)(3).
Garlic............... Allium sativum............ Bulb................. (b)(5)(vi).\1\
Lemon................ Citrus limon.............. Fruit................ (b)(3).
Lettuce.............. Lactuca spp............... Above ground parts... (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Tomato............... Lycopersicon esculentum... Fruit................ (b)(4)(ii).
Watermelon........... Citrullus lanatus var. Fruit................ (b)(3).
lanatus.
Sri Lanka......................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi), (b)(5)(vii).
Taiwan............................ Brassica............. Brassica oleracea......... Above ground parts... (b)(2)(viii).
Carambola............ Averrhoa carambola........ Fruit................ (b)(2)(ix), (b)(5)(xviii).
Litchi............... Litchi chinensis.......... Fruit................ (b)(2)(v).
Thailand.......................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi), (b)(5)(vii).
Togo.............................. Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Trinidad and Tobago............... Cassava.............. Manihot exculenta......... Fruit................ (b)(2)(vi).
Cucurbit............. Cucurbitaceae............. Above ground parts... (b)(2)(iii), (b)(3).
Eggplant............. Solanum melongena......... Fruit................ (b)(3).
Cucurbit............. Cucurbitaceae............. Fruit................ (b)(3)
Lime, sour........... Citrus aurantiifolia...... Fruit................ (b)(3).
Papaya............... Carica papaya............. Fruit................ (b)(2)(vi).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
[[Page 25042]]
Tunisia........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Turkey............................ Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Uruguay........................... Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Venezuela......................... Cantaloupe........... Cucumis melo var. Fruit................ (b)(1)(v), (b)(3).
cantaloupensis.
Honeydew melon....... Cucumis melo.............. Fruit................ (b)(1)(v), (b)(3).
Pineapple............ Ananas comosus............ Fruit................ (b)(2)(vi).
Watermelon........... Citrullus lanatus var. Fruit................ (b)(1)(v), (b)(3).
lanatus.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Also eligible for importation if treated with an approved treatment listed in part 305 of this chapter.
\2\ Fruit without husk may be imported subject to the requirements of Sec. 319.56-5.
(b) Additional restrictions for applicable fruits and vegetables as
specified in paragraph (a) of this section.
(1) Pest-free areas.
(i) The commodity must be from an area that meets the requirements
of Sec. 319.56-5 for freedom from the Mediterranean fruit fly
(Medfly), and must meet applicable requirements of Sec. 319.56-5.
(ii) The commodity must be from an area that meets the requirements
of Sec. 319.56-5 for freedom from the Mediterranean fruit fly
(Medfly), and must meet applicable requirements of Sec. 319.56-5.
Fruit from outside Medfly-free areas must be treated in accordance with
an approved treatment listed in part 305 of this chapter.
(iii) The commodity must be from an area that meets the
requirements of Sec. 319.56-5 for freedom from fruit flies, and must
meet applicable requirements of Sec. 319.56-5.
(iv) The commodity must be from an area that meets the requirements
of Sec. 319.56-5 for freedom from fruit flies, and must meet
applicable requirements of Sec. 319.56-5. The phytosanitary
certificate must also include an additional declaration stating: ``Upon
inspection, these articles were found free of Dysmicoccus neobrevipes
and Planococcus minor.''
(v) The commodity must be from an area that meets the requirements
of Sec. 319.56-5 for freedom from the South American cucurbit fly, and
must meet applicable requirements of Sec. 319.56-5.
(2) Restricted importation and distribution.
(i) Prohibited entry into Puerto Rico, Virgin Islands, Hawaii, and
Guam. Cartons in which commodity is packed must be stamped ``Not for
importation into or distribution within PR, VI, HI, or Guam.''
(ii) Prohibited entry into Puerto Rico, Virgin Islands, and Guam.
Cartons in which commodity is packed must be stamped ``Not for
importation into or distribution within PR, VI, or Guam.''
(iii) Prohibited entry into Hawaii. Cartons in which commodity is
packed must be stamped ``Not for importation into or distribution
within HI.''
(iv) Prohibited entry into Guam. Cartons in which commodity is
packed must be stamped ``Not for importation into or distribution
within Guam.''
(v) Prohibited entry into Florida. Cartons in which commodity is
packed must be stamped ``Not for importation into or distribution
within FL.''
(vi) Prohibited entry into Hawaii.
(vii) Prohibited entry into Puerto Rico, Virgin Islands, and
Hawaii.
(viii) Prohibited entry into Alaska.
(ix) Prohibited entry into Florida.
(x) Allowed importation into Hawaii only.
(3) Commercial shipments only.
(4) Stage of development.
(i) The bananas must be green at the time of export. Inspectors at
the port of arrival will determine that the bananas were green at the
time of export if:
(1) Bananas shipped by air are still green upon arrival in the
United States; and
(2) bananas shipped by sea are either still green upon arrival in
the United States or yellow but firm.
(ii) The tomatoes must be green upon arrival in the United States.
Pink or red fruit may only be imported in accordance with other
provisions of Sec. 319.56-13 or Sec. 319.56-28 of this subpart.
(iii) No green may be visible on the shoot.
(5) Other conditions.
(i) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the commodity is apparently free of Acrolepiopsis
assectella.
(ii) Entry permitted only from September 15 to May 31, inclusive,
to prevent the introduction of a complex of exotic pests including, but
not limited to a thrips (Haplothrips chinensis) and a leafroller (Capua
tortrix).
(iii) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the fruit is free from Coccus moestus, C. viridis,
Dysmicoccus neobrevipes, Planococcus lilacinus, P. minor, and
Psedococcus landoi; and all damaged fruit was removed from the shipment
prior to export under the supervision of the NPPO.
(iv) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the fruit is free from Planococcus minor.
(v) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the fruit is of the Malayan dwarf variety or Maypan
variety (=F1 hybrid, Malayan Dwarf x Panama Tall) (which are
resistant to lethal yellowing disease) based on verification of the
parent stock.
(vi) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration
stating that the commodity is free of living stages of Brachycerus spp.
and Dyspessa ulula (Bkh.), based on field inspection and certification
and reexamination at the port of departure prior to exportation.
(vii) Only the Tahiti Queen cultivar and varieties which are at
least 50 percent smooth Cayenne by lineage are admissible. The importer
or the importer's agent must provide the inspector with documentation
that establishes the variety's lineage. This document is necessary only
with the first importation.
(viii) Prohibited from the Palestinian controlled portions of the
West Bank and Gaza Strip; otherwise, must be accompanied by a
phytosanitary certificate which declares that the melons were grown in
approved areas in the Arava Valley or the Kadesh-Barnea area of Israel,
the fields where the melons were grown were inspected prior to harvest,
and the melons were inspected prior to export and found free of pests.
(ix) Prohibited from the Palestinian controlled portions of the
West Bank and Gaza Strip; otherwise must be accompanied by a
phytosanitary certificate which declares that only tomato varieties
111, 121, 124, 139, and 144 are included in the shipment and
[[Page 25043]]
the tomatoes were packed into fruit fly proof containers within 24
hours after harvesting.
(x) Only precleared shipments are authorized. The shipment must be
accompanied by a PPQ Form 203 signed by the APHIS inspector on site in
the exporting country.
(xi) Must be accompanied by a phytosanitary certificate stating:
``The peppers in this shipment have been inspected and verified as
being grown in greenhouses in the Netherlands.''
(xii) Must be accompanied by a phytosanitary certificate issued by
the National Plant Protection Organization of the exporting country
that includes a declaration indicating that the fruit was inspected and
found free of the gray pineapple mealybug (Dysmicoccus neobrevipes).
(xiii) Must be accompanied by a phytosanitary certificate issued by
the National Plant Protection Organization of the exporting country
that includes a declaration certifying that the products were grown and
packed in the exporting country.
(xiv) Must be accompanied by a phytosanitary certificate issued by
the National Plant Protection Organization of the exporting country
that includes a declaration certifying that the products were grown in
a greenhouse in the exporting country.
(xv) Must be accompanied by a phytosanitary certificate issued by
the National Plant Protection Organization of the exporting country
that includes a declaration certifying that the products were grown in
a greenhouse in the exporting country on Honshu Island or north
thereof.
(xvi) Only precleared shipments that have been treated with an
approved treatment listed in 7 CFR part 305 are authorized. The
shipment must be accompanied by a PPQ Form 203 signed by the APHIS
inspector on site in the exporting country.
(xvii) Must be accompanied by a phytosanitary certificate issued by
the National Plant Protection Organization of Israel that declares
``These tomatoes were grown in registered greenhouses in the Arava
Valley of Israel.''
(xviii) Must be treated with an approved treatment listed in 7 CFR
part 305.
Sec. Sec. 319.56-14 through 319.56-19 [Reserved]
Sec. 319.56-20 Apples and pears from Australia (including Tasmania)
and New Zealand.
Apples and pears from Australia (including Tasmania) and New
Zealand may be imported only in accordance with this section and other
applicable provisions of this subpart.
(a) Inspection and treatment for pests of the family Tortricidae.
An inspector must take a biometrically designed sample from each lot of
apples or pears that are offered for entry into the United States. If
inspection of the sample discloses that pests of the family Tortricidae
(fruit-leaf roller moths) are not present in the lot sampled, the fruit
may be imported without treatment. If any such pests are found upon
inspection, the lot must be treated with methyl bromide as prescribed
in part 305 of this chapter.
(b) Treatment of apples and pears from Australia for fruit flies.
(1) Apples from Australia (including Tasmania) may be imported without
treatment for the following fruit flies if they are imported from an
area in Australia that meets the requirements of Sec. 319.56-5 for
pest freedom: Mediterranean fruit fly (Ceratitis capitata), the
Queensland fruit fly (Bactrocera tryoni), Bactrocera aquilonis, and B.
neohumeralis.
(2) Pears from Australia (including Tasmania) may be imported
without treatment for the following fruit flies if they are imported
from an area in Australia that meets the requirements of Sec. 319.56-5
for pest freedom: Mediterranean fruit fly (Ceratitis capitata), the
Queensland fruit fly (Dacus tryoni), Bactrocera jarvisi, and B.
neohumeralis.
(3) Apples and pears from Australia that do not originate from an
area that is free of fruit flies must be treated for such pests in
accordance with part 305 of this chapter. If an authorized treatment
does not exist for a specific fruit fly, the importation of such apples
and pears is prohibited.
Sec. 319.56-21 Okra from certain countries.
Okra from Brazil, Colombia, Ecuador, Guyana, Mexico, Peru,
Suriname, Venezuela, and the West Indies may be imported into the
United States in accordance with this section and other applicable
provisions of this subpart.
(a) Importations into pink bollworm generally infested or
suppressive areas in the United States. Okra may be imported into areas
defined in Sec. 301.52-2a as pink bollworm generally infested or
suppressive areas, provided the okra is imported in accordance with the
requirements of Sec. 319.56-3. Upon entry into the United States, such
okra is immediately subject to the requirements of Subpart--Pink
Bollworm (Sec. Sec. 301.52 through 301.52-10) of this chapter.
(b) Importations into areas south of the 38th parallel that are not
pink bollworm generally infested or suppressive areas.
(1) During December 1 through May 15, inclusive, okra may be
imported into areas of Alabama, Arkansas, Florida, Georgia, Louisiana,
Mississippi, Nevada, North Carolina, South Carolina, Tennessee, or any
part of Illinois, Kentucky, Missouri, or Virginia south of the 38th
parallel subject to the requirements of Sec. 319.56-3.
(2) During May 16 through November 30, inclusive, okra may be
imported into areas of Alabama, Arkansas, Florida, Georgia, Louisiana,
Mississippi, Nevada, North Carolina, South Carolina, Tennessee, or any
part of Illinois, Kentucky, Missouri, or Virginia south of the 38th
parallel if treated for the pink bollworm in accordance with an
approved treatment listed in part 305 of this chapter.
(c) Importations into areas north of the 38th parallel. Okra may be
imported into Alaska, Colorado, Connecticut, Delaware, Hawaii, Idaho,
Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York,
North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota,
Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, the
District of Columbia, or the U.S. Virgin Islands, or any part of
Illinois, Kentucky, Missouri, or Virginia, north of the 38th parallel,
subject to the requirements of Sec. 319.56-3.
(d) Importations into areas of California that are not are not pink
bollworm generally infested or suppressive areas.
(1) During January 1 through March 15, inclusive, okra may be
imported into California subject to the requirements of Sec. 319.56-3.
(2) During March 16 through December 31, inclusive, okra may be
imported into California if it is treated for the pink bollworm in
accordance with an approved treatment listed in part 305 of this
chapter.
(e) Imports from Andros Island of the Bahamas. Okra produced on
Andros Island, Commonwealth of the Bahamas, may be imported into the
United States in accordance with Sec. 319.56-3.
Sec. 319.56-22 Apples and pears from certain countries in Europe.
(a) Importations allowed. The following fruits may be imported into
the United States in accordance with this section and other applicable
provisions of this subpart:
(1) Apples from Belgium, Denmark, France, Germany, Great Britain,
Italy, the Netherlands, Northern Ireland, Norway, Portugal, the
Republic of Ireland, Spain, Sweden, and Switzerland;
[[Page 25044]]
(2) Pears from Belgium, France, Great Britain, Italy, the
Netherlands, Portugal, and Spain.
(b) Trust fund agreement. Except as provided in paragraph (h) of
this section, the apples or pears may be imported only if the national
plant protection organization of the exporting country has entered into
a trust fund agreement with APHIS in accordance with Sec. 319.56-6.
(c) Responsibilities of the exporting country. The apples or pears
may be imported in any single shipping season only if all of the
following conditions are met:
(1) Officials of the plant protection organization must survey each
orchard producing apples or pears for shipment to the United States at
least twice between spring blossoming and harvest. If the officials
find any leaf miners that suggest the presence of Leucoptera
malifoliella in an orchard, the officials must reject any fruit
harvested from that orchard during that growing season for shipment to
the United States. If the officials find evidence in an orchard of any
other plant pest referred to in paragraph (g) of this section, they
must ensure that the orchard and all other orchards within 1 kilometer
of that orchard will be treated for that pest with a pesticide approved
by the APHIS, in accordance with label directions and under the
direction of the plant protection organization. If the officials
determine that the treatment program has not been applied as required
or is not controlling the plant pest in the orchard, they must reject
any fruit harvested from that orchard during that growing season for
shipment to the United States.
(2) The apples or pears must be identified to the orchard from
which they are harvested (the producing orchard) until the fruit
arrives in the United States.
(3) The apples or pears must be processed and inspected in approved
packing sheds as follows:
(i) Upon arrival at the packing shed, the apples or pears must be
inspected for insect pests as follows: For each grower lot (all fruit
delivered for processing from a single orchard at a given time),
packing shed technicians must examine all fruit in one carton on every
third pallet (there are approximately 42 cartons to a pallet), or at
least 80 apples or pears in every third bin (if the fruit is not in
cartons on pallets). If they find any live larva or pupa of Leucoptera
malifoliella, they must reject the entire grower lot for shipment to
the United States, and the plant protection service must reject for
shipment any additional fruit from the producing orchard for the
remainder of the shipping season.
(ii) The apples or pears must be sorted, sized, packed, and
otherwise handled in the packing sheds on grading and packing lines
used solely for fruit intended for shipment to the United States, or,
if on grading and packing lines used previously for other fruit, only
after the lines have been washed with water.
(iii) During packing operations, apples and pears must be inspected
for insect pests as follows: All fruit in each grower lot must be
inspected at each of two inspection stations on the packing line by
packing shed technicians. In addition, one carton from every pallet in
each grower lot must be inspected by officials of the plant protection
service. If the inspections reveal any live larva or pupa of Leucoptera
malifoliella, the entire grower lot must be rejected for shipment to
the United States, and the plant protection service must reject for
shipment any additional fruit from the producing orchard for the
remainder of that shipping season. If the inspections reveal any other
insect pest referred to in paragraph (g) of this section, and a
treatment authorized in part 305 of this chapter is available, the
fruit will remain eligible for shipment to the United States if the
entire grower lot is treated for the pest under the supervision of an
inspector. However, if the entire grower lot is not treated in this
manner, or if a plant pest is found for which no treatment authorized
in part 305 of this chapter is available, the entire grower lot will be
rejected for shipment to the United States.
(4) Apples or pears that pass inspection at approved packing sheds
must be presented to an inspector for preclearance inspection as
prescribed in paragraph (d) of this section or for inspection in the
United States as prescribed in paragraph (h) of this section.
(5) Apples and pears presented for preclearance inspection must be
identified with the packing shed where they were processed, as well as
with the producing orchard, and this identity must be maintained until
the apples or pears arrive in the United States.
(6) Facilities for the preclearance inspections prescribed in
paragraph (d) of this section must be provided in the exporting country
at a site acceptable to APHIS.
(7) Any apples or pears rejected for shipment into the United
States may not, under any circumstance, be presented again for shipment
to the United States.
(d) Preclearance inspection. Preclearance inspection will be
conducted in the exporting country by an inspector. Preclearance
inspection will be conducted for a minimum of 6,000 cartons of apples
or pears, which may represent multiple grower lots from different
packing sheds. The cartons examined during any given preclearance
inspection will be known as an inspection unit. Apples or pears in any
inspection unit may be shipped to the United States only if the
inspection unit passes inspection as follows:
(1) Inspectors will examine, fruit by fruit, a biometrically
designed statistical sample of 300 cartons drawn from each inspection
unit.
(i) If inspectors find any live larva or pupa of Leucoptera
malifoliella, they will reject the entire inspection unit for shipment
to the United States. The inspectors also will reject for shipment any
additional fruit from the producing orchard for the remainder of the
shipping season. However, other orchards represented in the rejected
inspection unit will not be affected for the remainder of the shipping
season because of that rejection. Additionally, if inspectors reject
any three inspection units in a single shipping season because of
Leucoptera malifoliella on fruit processed by a single packing shed, no
additional fruit from that packing shed will be accepted for shipment
to the United States for the remainder of that shipping season.
(ii) If the inspectors find evidence of any other plant pest
referred to in paragraph (g) of this section, and a treatment
authorized in part 305 of this chapter is available, fruit in the
inspection unit will remain eligible for shipment to the United States
if the entire inspection unit is treated for the pest under the
supervision of an inspector. However, if the entire inspectional unit
is not treated in this manner, or if a plant pest is found for which no
treatment authorized in part 305 of this chapter is available, the
inspectors will reject the entire inspection unit for shipment to the
United States. Rejection of an inspection unit because of pests other
than Leucoptera malifoliella will not be cause for rejecting additional
fruit from an orchard or packing shed.
(iii) Apples and pears precleared for shipment to the United States
as prescribed in this paragraph will not be inspected again in the
United States (except as necessary to ensure that the fruit has been
precleared) unless the preclearance program with the exporting country
is terminated in accordance with paragraph (e) of this section. If the
preclearance program is terminated with any country, precleared fruit
in transit to the United States at the
[[Page 25045]]
time of termination will be spot-checked by inspectors upon arrival in
the United States for evidence of plant pests referred to in paragraph
(g) of this section. If any live larva or pupa of Leucoptera
malifoliella is found in any carton of fruit, inspectors will reject
that carton and all other cartons in that consignment that are from the
same producing orchard. In addition, the remaining cartons of fruit in
that consignment will be reinspected as an inspection unit in
accordance with the preclearance procedures prescribed in paragraph (d)
of this section.
(2) [Reserved]
(e) Termination of preclearance programs. The Administrator may
terminate the preclearance program in a country if he or she determines
that any of the conditions specified in paragraph (c) of this section
are not met or because of pests found during preclearance inspections.
Termination of the preclearance program will stop shipments of apples
or pears from that country for the remainder of that shipping season.
Termination of the preclearance program for findings of Leucoptera
malifoliella in preclearance inspections in any country will be based
on rates of rejection of inspection units as follows:
(1) Termination because of findings of Leucoptera malifoliella. The
pre-clearance program will be terminated with a country when, in one
shipping season, inspection units are rejected because of Leucoptera
malifoliella as follows:
(i) Five inspection units in sequence among inspection units 1-20,
or a total of 8 or more of the inspection units 1-20;
(ii) Five inspection units in sequence among inspection units 21-
40, or a total of 10 or more of the inspection units 1-40;
(iii) Five inspection units in sequence among inspection units 41-
60, or a total of 12 or more of the inspection units 1-60;
(iv) Five inspection units in sequence among inspection units 61-
80, or a total of 14 or more of the inspection units 1-80;
(v) Five inspection units in sequence among inspection units 81-
100, or a total of 16 or more of the inspection units 1-100;
(vi) Five inspection units in sequence among inspection units 101-
120, or a total of 18 or more of the inspection units 1-120.
(vii) Sequence can be continued in increments of 20 inspection
units by increasing the number of rejected inspection units by 2.
(2) Termination because of findings of other plant pests. The
preclearance program will be terminated with a country when, in one
shipping season, inspection units are rejected because of other insect
pests as follows:
(i) Ten or more of the inspection units 1-20;
(ii) Fifteen or more of the inspection units 1-40;
(iii) Twenty or more of the inspection units 1-60;
(iv) Twenty-five or more of the inspection units 1-80;
(v) Thirty or more of the inspection units 1-100; or
(vi) Thirty-five or more of the inspection units 1-120.
(vii) Sequence can be continued in increments of 20 inspection
units by increasing the number of rejected inspection units by 5.
(f) Cold treatment. In addition to all other requirements of this
section, apples or pears may be imported into the United States from
France, Italy, Portugal, or Spain only if the fruit is cold treated for
the Mediterranean fruit fly in accordance with part 305 of this
chapter.
(g) Plant pests; authorized treatments. (1) Apples from Belgium,
Denmark, France, Great Britain, Italy, the Netherlands, Northern
Ireland, Norway, Portugal, the Republic of Ireland, Spain, Sweden,
Switzerland, and Germany; and pears from Belgium, France, Great
Britain, Italy, the Netherlands, Portugal, and Spain may be imported
into the United States only if they are found free of the following
pests or, if an authorized treatment is available, they are treated
for: The pear leaf blister moth (Leucoptera malifoliella (O.G. Costa)
(Lyonetiidae)), the plum fruit moth (Cydia funebrana (Treitschke)
(Tortricidae)), the summer fruit tortrix moth (Adoxophyes orana
(Fischer von Rosslertamm) (Tortricidae)), a leaf roller (Argyrotaenia
pulchellana (Haworth) (Tortricidae)), and other insect pests that do
not exist in the United States or that are not widespread in the United
States.
(2) Authorized treatments are listed in part 305 of this chapter.
(h) Inspection in the United States. Notwithstanding provisions to
the contrary in paragraphs (c) and (d) of this section, the
Administrator may allow apples or pears imported under this section to
be inspected at a port of arrival in the United States, in lieu of a
preclearance inspection, under the following conditions:
(1) The Administrator has determined that inspection can be
accomplished at the port of arrival without increasing the risk of
introducing insect pests into the United States;
(2) Each pallet of apples or pears must be completely enclosed in
plastic, to prevent the escape of insects, before it is offloaded at
the port of arrival;
(3) The entire consignment of apples or pears must be offloaded and
moved to an enclosed warehouse, where adequate inspection facilities
are available, under the supervision of an inspector.
(4) The Administrator must determine that a sufficient number of
inspectors are available at the port of arrival to perform the services
required.
(5) The method of inspection will be the same as prescribed in
paragraph (d) of this section for preclearance inspections.
Sec. 319.56-23 Apricots, nectarines, peaches, plumcot, and plums from
Chile.
(a) Importations allowed. Apricots, nectarines, peaches, plumcot,
and plums may be imported into the United States from Chile in
accordance with this section and other applicable provisions of this
subpart.\3\
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\3\ As provided in Sec. 319.56-4, apricots, nectarines,
peaches, plumcot, and plums Chile may also be imported if treated in
accordance with a treatment listed in part 305 of this chapter and
subject to other applicable regulations in this subpart.
---------------------------------------------------------------------------
(b) Trust fund agreement. Apricots, nectarines, peaches, plumcot,
and plums may be imported under the regulations in this section only if
the plant protection service of Chile (Servicio Agricola y Ganadero,
referred to in this section as SAG), has entered into a trust fund
agreement with APHIS in accordance with Sec. 319.56-6.
(c) Responsibilities of Servicio Agricola y Ganadero. SAG will
ensure that:
(1) Apricots, nectarines, peaches, plumcot, or plums are presented
to inspectors for preclearance in their shipping containers at the
shipping site as prescribed in paragraph (d) of this section.
(2) Apricots, nectarines, peaches, plumcot, and plums presented for
inspection are identified in shipping documents accompanying each load
of fruit that identify the packing shed where they were processed and
the orchards where they were produced; and this identity is maintained
until the apricots, nectarines, peaches, plumcot, or plums are released
for entry into the United States.
(3) Facilities for the inspections prescribed in paragraph (d) of
this section are provided in Chile at an inspection site acceptable to
APHIS.
(d) Preclearance inspection. Preclearance inspection will be
[[Page 25046]]
conducted in Chile under the direction of inspectors. An inspection
unit will consist of a lot or consignment from which a statistical
sample is drawn and examined. An inspection unit may represent multiple
grower lots from different packing sheds. Apricots, nectarines,
peaches, plumcot, or plums in any inspection unit may be shipped to the
United Sates only if the inspection unit passes inspection as follows:
(1) Inspectors will examine the contents of the cartons based on a
biometric sampling scheme established for each inspection unit.
(i) If the inspectors find evidence of any plant pest for which a
treatment authorized in part 305 of this chapter is available, fruit in
the inspection unit will remain eligible for shipment to the United
States if the entire inspection unit is treated for the pest in Chile.
However, if the entire inspection unit is not treated in this manner,
or if a plant pest is found for which no treatment authorized in part
305 of this chapter is available, the entire inspection unit will not
be eligible for shipment to the United States.
(ii) Apricots, nectarines, peaches, plumcot, and plums precleared
for shipment to the United States as prescribed in this paragraph will
not be inspected again in the United States except as necessary to
ensure that the fruit has been precleared and for occasional monitoring
purposes.
(2) [Reserved]
(e) Termination of preclearance programs. Consignments of apricots,
nectarines, peaches, plumcot, and plums will be individually evaluated
regarding the rates of infestation of inspection units of these
articles presented for preclearance. The inspection program for an
article will be terminated when inspections determine that the rate of
infestation of inspection units of the article by pests listed in
paragraph (f) of this section exceeds 20 percent calculated on any
consecutive 14 days of actual inspections (not counting days on which
inspections are not conducted). Termination of the inspection program
for an article will require mandatory treatment in Chile, prior to
shipment to the United States, of consignments of the article for the
remainder of that shipping season. If a preclearance inspection program
is terminated with Chile, precleared fruit in transit to the United
States at the time of termination will be spot-checked by inspectors
upon arrival in the United States for evidence of plant pests referred
to in paragraph (f) of this section.
(f) Plant pests; authorized treatments.
(1) Apricots, nectarines, peaches, plumcot, or plums from Chile may
be imported into the United States only if they are found free of the
following pests or, if an authorized treatment is available, they are
treated for: Proeulia spp., Leptoglossus chilensis, Megalometis
chilensis, Naupactus xanthographus, Listroderes subcinctus, and
Conoderus rufangulus, and other insect pests that the Administrator has
determined do not exist, or are not widespread, in the United States.
(2) Authorized treatments are listed in part 305 of this chapter.
(g) Inspection in the United States. Notwithstanding provisions to
the contrary in paragraphs (c) and (d) of this section, the
Administrator may, in emergency or extraordinary situations, allow
apricots, nectarines, peaches, plumcot, or plums imported under this
section to be inspected at a port of arrival in the United States, in
lieu of a preclearance inspection or fumigation in Chile, under the
following conditions:
(1) The Administrator is satisfied that a unique situation exists
which justifies a limited exception to mandatory preclearance;
(2) The Administrator has determined that inspection and/or
treatment can be accomplished at the intended port of arrival without
increasing the risk of introducing quarantine pests into the United
States;
(3) The entire consignment of apricots, nectarines, peaches,
plumcot, or plums must be offloaded and moved to an enclosed warehouse,
where inspection and treatment facilities are available.
(4) The Administrator must determine that a sufficient number of
inspectors are available at the port of arrival to perform the services
required.
(5) The method of sampling and inspection will be the same as
prescribed in paragraph (d) of this section for preclearance
inspections.
Sec. 319.56-24 Lettuce and peppers from Israel.
(a) Lettuce may be imported into the United States from Israel
without fumigation for leafminers, thrips, and Sminthuris viridis only
in accordance with this section and other applicable provisions of this
subpart.
(1) Growing conditions. (i) The lettuce must be grown in insect-
proof houses covered with 50 mesh screens, double self-closing doors,
and hard walks (no soil) between the beds;
(ii) The lettuce must be grown in growing media that has been
sterilized by steam or chemical means;
(iii) The lettuce must be inspected during its active growth phase
and the inspection must be monitored by a representative of the Israeli
Ministry of Agriculture;
(iv) The crop must be protected with sticky traps and prophylactic
sprays approved for the crop by Israel;
(v) The lettuce must be moved to an insect-proof packing house at
night in plastic containers covered by 50 mesh screens;
(vi) The lettuce must be packed in an insect-proof packing house,
individually packed in transparent plastic bags, packed in cartons,
placed on pallets, and then covered with shrink wrapping; and
(vii) The lettuce must be transported to the airport in a closed
refrigerated truck for shipment to the United States.
(2) Each consignment of lettuce must be accompanied by a
phytosanitary certificate issued by the Israeli Ministry of Agriculture
stating that the conditions of paragraph (a)(1) of this section have
been met.
(b) Peppers (fruit) (Capsicum spp.) from Israel may be imported
into the United States only under the following conditions:
(1) The peppers have been grown in the Arava Valley by growers
registered with the Israeli Department of Plant Protection and
Inspection (DPPI).
(2) Malathion bait sprays shall be applied in the residential areas
of the Arava Valley at 6- to 10-day intervals beginning not less than
30 days before the harvest of backyard host material in residential
areas and shall continue through harvest.
(3) The peppers have been grown in insect-proof plastic
screenhouses approved by the DPPI and APHIS. Houses shall be examined
periodically by DPPI or APHIS personnel for tears in either plastic or
screening.
(4) Trapping for Mediterranean fruit fly (Medfly) shall be
conducted by DPPI throughout the year in the agricultural region along
Arava Highway 90 and in the residential area of Paran. The capture of a
single Medfly in a screenhouse will immediately cancel export from that
house until the source of the infestation is delimited, trap density is
increased, pesticide sprays are applied, or other measures acceptable
to APHIS are taken to prevent further occurrences.
(5) Signs in English and Hebrew shall be posted along Arava Highway
90 stating that it is prohibited to throw out/discard fruits and
vegetables from passing vehicles.
(6) Sorting and packing of peppers shall be done in the insect-
proof screenhouses in the Arava Valley.
(7) Prior to movement from approved insect-proof screenhouses in
the Arava
[[Page 25047]]
Valley, the peppers must be packed in either individual insect-proof
cartons or in non-insect-proof cartons that are covered by insect-proof
mesh or plastic tarpaulins; covered non-insect-proof cartons must be
placed in shipping containers.
(8) The packaging safeguards required by paragraph (b)(7) of this
section must remain intact at all times during the movement of the
peppers to the United States and must be intact upon arrival of the
peppers in the United States.
(9) Each consignment of peppers must be accompanied by a
phytosanitary certificate issued by the Israeli national plant
protection organization stating that the conditions of paragraphs
(b)(1) though (b)(7) of this section have been met.
Sec. 319.56-25 Papayas from Central America and Brazil.
The Solo type of papaya may be imported into the continental United
States, Alaska, Puerto Rico, and the U.S. Virgin Islands only in
accordance with this section and other applicable provisions of this
subpart.
(a) The papayas were grown and packed for shipment to the United
States in one of the following locations:
(1) Brazil: State of Espirito Santo; all areas in the State of
Bahia that are between the Jequitinhonha River and the border with the
State of Espirito Santo and all areas in the State of Rio Grande del
Norte that contain the following municipalities: Touros, Pureza, Rio do
Fogo, Barra de Maxaranguape, Taipu, Ceara Mirim, Extremoz, Ielmon
Marinho, Sao Goncalo do Amarante, Natal, Maciaba, Parnamirim, Veracruz,
Sao Jose de Mipibu, Nizia Floresta, Monte Aletre, Areas, Senador
Georgino Avelino, Espirito Santo, Goianinha, Tibau do Sul, Vila Flor,
and Canguaretama e Baia Formosa.
(2) Costa Rica: Provinces of Guanacaste, Puntarenas, San Jose.
(3) El Salvador: Departments of La Libertad, La Paz, and San
Vicente.
(4) Guatemala: Departments of Escuintla, Retalhuleu, Santa Rosa,
and Suchitep[eacute]quez.
(5) Honduras: Departments of Comayagua, Cort[eacute]s, and Santa
B[aacute]rbara.
(6) Nicaragua: Departments of Carazo, Granada, Leon, Managua,
Masaya, and Rivas.
(7) Panama: Provinces of Cocle, Herrera, and Los Santos; Districts
of Aleanje, David, and Dolega in the Province of Chiriqui; and all
areas in the Province of Panama that are west of the Panama Canal.
(b) Beginning at least 30 days before harvest began and continuing
through the completion of harvest, all trees in the field where the
papayas were grown were kept free of papayas that were one-half or more
ripe (more than one-fourth of the shell surface yellow), and all culled
and fallen fruits were buried, destroyed, or removed from the farm at
least twice a week.
(c) The papayas were held for 20 minutes in hot water at 48 [deg]C
(118.4 [deg]F).
(d) When packed, the papayas were less than one-half ripe (the
shell surface was no more than one-fourth yellow, surrounded by light
green), and appeared to be free of all injurious insect pests.
(e) The papayas were safeguarded from exposure to fruit flies from
harvest to export, including being packaged so as to prevent access by
fruit flies and other injurious insect pests. The package containing
the papayas does not contain any other fruit, including papayas not
qualified for importation into the United States.
(f) All cartons in which papayas are packed must be stamped ``Not
for importation into or distribution in HI.''
(g) All activities described in paragraphs (a) through (f) of this
section were carried out under the supervision and direction of plant
health officials of the national Ministry of Agriculture.
(h) Beginning at least 1 year before harvest begins and continuing
through the completion of harvest, fruit fly traps were maintained in
the field where the papayas were grown. The traps were placed at a rate
of 1 trap per hectare and were checked for fruit flies at least once
weekly by plant health officials of the national Ministry of
Agriculture. Fifty percent of the traps were of the McPhail type, and
50 percent of the traps were of the Jackson type. If the average
Jackson trap catch was greater than seven Medflies per trap per week,
measures were taken to control the Medfly population in the production
area. The national Ministry of Agriculture kept records of fruit fly
finds for each trap, updated the records each time the traps were
checked, and made the records available to APHIS inspectors upon
request. The records were maintained for at least 1 year.
(i) If the average Jackson trap catch exceeds 14 Medflies per trap
per week, importations of papayas from that production area must be
halted until the rate of capture drops to an average of 7 or fewer
Medflies per trap per week.
(j) In the State of Espirito Santo, Brazil, if the average McPhail
trap catch was greater than seven South American fruit flies
(Anastrepha fraterculus) per trap per week, measures were taken to
control the South American fruit fly population in the production area.
If the average McPhail trap catch exceeds 14 South American fruit flies
per trap per week, importations of papayas from that production area
must be halted until the rate of capture drops to an average of 7 or
fewer South American fruit flies per trap per week.
(k) All consignments must be accompanied by a phytosanitary
certificate issued by the national Ministry of Agriculture stating that
the papayas were grown, packed, and shipped in accordance with the
provisions of this section.
Sec. 319.56-26 Melon and watermelon from certain countries in South
America.
(a) Cantaloupe and watermelon from Ecuador. Cantaloupe (Cucumis
melo) and watermelon (fruit) (Citrullus lanatus) may be imported into
the United States from Ecuador only in accordance with this paragraph
and all other applicable requirements of this subpart:
(1) The cantaloupe or watermelon may be imported in commercial
consignments only.
(2) The cantaloupe or watermelon must have been grown in an area
where trapping for the South American cucurbit fly (Anastrepha grandis)
has been conducted for at least the previous 12 months by the national
plant protection organization (NPPO) of Ecuador, under the direction of
APHIS, with no findings of the pest.\4\
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\4\ Information on the trapping program may be obtained by
writing to the Animal and Plant Health Inspection Service,
International Services, Stop 3432, 1400 Independence Avenue, SW.,
Washington, DC 20250-3432.
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(3) The following area meets the requirements of paragraph (a)(2)
of this section: The area within 5 kilometers of either side of the
following roads:
(i) Beginning in Guayaquil, the road north through Nobol,
Palestina, and Balzar to Velasco-Ibarra (Empalme);
(ii) Beginning in Guayaquil, the road south through E1 26, Puerto
Inca, Naranjal, and Camilo Ponce to Enriquez;
(iii) Beginning in Guayaquil, the road east through Palestina to
Vinces;
(iv) Beginning in Guayaquil, the road west through Piedrahita
(Novol) to Pedro Carbo; or
(v) Beginning in Guayaquil, the road west through Progreso,
Engunga, Tugaduaja, and Zapotal to El Azucar.
(4) The cantaloupe or watermelon may not be moved into Alabama,
American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii,
Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas,
and the U.S. Virgin Islands. The boxes in which the cantaloupe or
watermelon is packed must be stamped with the name
[[Page 25048]]
of the commodity followed by the words ``Not to be distributed in the
following States or territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA,
MS, NM, PR, SC, TX, VI''.
(b) Cantaloupe, netted melon, vegetable melon, winter melon, and
watermelon from Peru. Cantaloupe, netted melon, vegetable melon, and
winter melon (Cucumis melo L. subsp. melo); and watermelon may be
imported into the United States from Peru only in accordance with this
paragraph and all other applicable requirements of this subpart:
(1) The fruit may be imported in commercial consignments only.
(2) The fruit must have been grown in an area of Peru considered by
APHIS to be free of the South American cucurbit fly, must be
accompanied by a phytosanitary certificate declaring its origin in such
an area, and must be safeguarded and labeled, each in accordance with
Sec. 319.56-5 of this subpart.
(3) The phytosanitary certificate required under Sec. 319.56-5
must also include a declaration by the NPPO of Peru indicating that,
upon inspection, the fruit was found free of the gray pineapple
mealybug (Dysmicoccus neobrevipes).
(4) All shipments of fruit must be labeled in accordance with Sec.
319.56-5(e) of this subpart, and the boxes in which the fruit is packed
must be labeled ``Not for distribution in HI, PR, VI, or Guam.''
Sec. 319.56-27 Fuji variety apples from Japan and the Republic of
Korea.
Fuji variety apples may be imported into the United States from
Japan and the Republic of Korea only in accordance with this section
and other applicable provisions of this subpart.
(a) Treatment and fumigation. The apples must be cold treated and
then fumigated, under the supervision of an APHIS inspector, either in
Japan or the Republic of Korea, for the peach fruit moth (Carposina
niponensis), the yellow peach moth (Conogethes punctiferalis), and the
fruit tree spider mite (Tetranychus viennensis), in accordance with
part 305 of this chapter.
(b) APHIS inspection. The apples must be inspected upon completion
of the treatments required by paragraph (a) of this section, prior to
export from Japan or the Republic of Korea, by an APHIS inspector and
an inspector from the national plant protection agency of Japan or the
Republic of Korea. The apples shall be subject to further disinfection
in the exporting country if plant pests are found prior to export.
Imported Fuji variety apples inspected in Japan or the Republic of
Korea are also subject to inspection and disinfection at the port of
first arrival, as provided in Sec. 319.56-3.
(c) Trust fund agreements. The national plant protection agency of
the exporting country must enter into a trust fund agreement with APHIS
in accordance with Sec. 319.56-6 before APHIS will provide the
services necessary for Fuji variety apples to be imported into the
United States from Japan or the Republic of Korea.
Sec. 319.56-28 Tomatoes from certain countries.
(a) Tomatoes (fruit) (Lycopersicon esculentum) from Spain. Pink or
red tomatoes may be imported into the United States from Spain only in
accordance with this section and other applicable provisions of this
subpart.\5\
---------------------------------------------------------------------------
\5\ The surface area of a pink tomato is more than 30 percent
but not more than 60 percent pink and/or red. The surface area of a
red tomato is more than 60 percent pink and/or red. Green tomatoes
from Spain, France, Morocco, and Western Sahara may be imported in
accordance with Sec. Sec. 319.56-3 and 319.56-4.
---------------------------------------------------------------------------
(1) The tomatoes must be grown in the Almeria Province, the Murcia
Province, or the municipalities of Albu[ntilde]ol and Carchuna in the
Granada Province of Spain in greenhouses registered with, and inspected
by, the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);
(2) The tomatoes may be shipped only from December 1 through April
30, inclusive;
(3) Two months prior to shipping, and continuing through April 30,
MAFF must set and maintain Mediterranean fruit fly (Medfly) traps
baited with trimedlure inside the greenhouses at a rate of four traps
per hectare. In all areas outside the greenhouses and within 8
kilometers, including urban and residential areas, MAFF must place
Medfly traps at a rate of four traps per square kilometer. All traps
must be checked every 7 days;
(4) Capture of a single Medfly in a registered greenhouse will
immediately result in cancellation of exports from that greenhouse
until the source of infestation is determined, the Medfly infestation
is eradicated, and measures are taken to preclude any future
infestation. Capture of a single Medfly within 2 kilometers of a
registered greenhouse will necessitate increasing trap density in order
to determine whether there is a reproducing population in the area.
Capture of two Medflies within 2 kilometers of a registered greenhouse
and within a 1-month time period will result in cancellation of exports
from all registered greenhouses within 2 kilometers of the find until
the source of infestation is determined and the Medfly infestation is
eradicated;
(5) MAFF must maintain records of trap placement, checking of
traps, and any Medfly captures, and must make the records available to
APHIS upon request;
(6) The tomatoes must be packed within 24 hours of harvest. They
must be safeguarded from harvest to export by insect-proof mesh screens
or plastic tarpaulins, including while in transit to the packing house
and while awaiting packaging. They must be packed in insect-proof
cartons or containers, or covered by insect-proof mesh or plastic
tarpaulins for transit to the airport and subsequent export to the
United States. These safeguards must be intact upon arrival in the
United States; and
(7) MAFF is responsible for export certification inspection and
issuance of phytosanitary certificates. Each consignment of tomatoes
must be accompanied by a phytosanitary certificate issued by MAFF and
bearing the declaration, ``These tomatoes were grown in registered
greenhouses in Almeria Province, the Murcia Province, or the
municipalities of Albu[ntilde]ol and Carchuna in the Granada Province
in Spain.''
(b) Tomatoes (fruit) (Lycopersicon esculentum) from France. Pink or
red tomatoes may be imported into the United States from France only in
accordance with this section and other applicable provisions of this
subpart.\6\
---------------------------------------------------------------------------
\6\ See footnote 5 to paragraph (a) of this section.
---------------------------------------------------------------------------
(1) The tomatoes must be grown in the Brittany Region of France in
greenhouses registered with, and inspected by, the Service de la
Protection Vegetaux (SRPV);
(2) From June 1 through September 30, SRPV must set and maintain
one Medfly trap baited with trimedlure inside and one outside each
greenhouse and must check the traps every 7 days;
(3) Capture of a single Medfly inside or outside a registered
greenhouse will immediately result in cancellation of exports from that
greenhouse until the source of the infestation is determined, the
Medfly infestation is eradicated, and measures are taken to preclude
any future infestation;
(4) SRPV must maintain records of trap placement, checking of
traps, and any Medfly captures, and must make them available to APHIS
upon request;
(5) From June 1 through September 30, the tomatoes must be packed
within 24 hours of harvest. They must be safeguarded by insect-proof
mesh screen
[[Page 25049]]
or plastic tarpaulin while in transit to the packing house and while
awaiting packing. They must be packed in insect-proof cartons or
containers, or covered by insect-proof mesh screen or plastic
tarpaulin. These safeguards must be intact upon arrival in the United
States; and
(6) SRPV is responsible for export certification inspection and
issuance of phytosanitary certificates. Each consignment of tomatoes
must be accompanied by a phytosanitary certificate issued by SRPV and
bearing the declaration, ``These tomatoes were grown in registered
greenhouses in the Brittany Region of France.''
(c) Tomatoes (fruit) (Lycopersicon esculentum) from Morocco and
Western Sahara. Pink tomatoes may be imported into the United States
from Morocco and Western Sahara only in accordance with this section
and other applicable provisions of this subpart.\7\
---------------------------------------------------------------------------
\7\ See footnote 5 to paragraph (a) of this section.
---------------------------------------------------------------------------
(1) The tomatoes must be grown in the provinces of El Jadida or
Safi in Morocco or in the province of Dahkla in Western Sahara in
insect-proof greenhouses registered with, and inspected by, the
Moroccan Ministry of Agriculture, Division of Plant Protection,
Inspection, and Enforcement (DPVCTRF);
(2) The tomatoes may be shipped from Morocco and Western Sahara
only between December 1 and April 30, inclusive;
(3) Beginning 2 months prior to the start of the shipping season
and continuing through the end of the shipping season, DPVCTRF must set
and maintain Mediterranean fruit fly (Medfly) traps baited with
trimedlure inside the greenhouses at a rate of four traps per hectare.
In Morocco, traps must also be placed outside registered greenhouses
within a 2-kilometer radius at a rate of four traps per square
kilometer. In Western Sahara, a single trap must be placed outside in
the immediate proximity of each registered greenhouse. All traps in
Morocco and Western Sahara must be checked every 7 days;
(4) DPVCTRF must maintain records of trap placement, checking of
traps, and any Medfly captures, and make the records available to APHIS
upon request;
(5) Capture of a single Medfly in a registered greenhouse will
immediately result in cancellation of exports from that greenhouse
until the source of the infestation is determined, the Medfly
infestation has been eradicated, and measures are taken to preclude any
future infestation. Capture of a single Medfly within 200 meters of a
registered greenhouse will necessitate increasing trap density in order
to determine whether there is a reproducing population in the area. Six
additional traps must be placed within a radius of 200 meters
surrounding the trap where the Medfly was captured. Capture of two
Medflies within 200 meters of a registered greenhouse and within a 1-
month time period will necessitate Malathion bait sprays in the area
every 7 to 10 days for 60 days to ensure eradication;
(6) The tomatoes must be packed within 24 hours of harvest and must
be pink at the time of packing. They must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the packing
house and while awaiting packing. They must be packed in insect-proof
cartons or containers, or covered by insect-proof mesh or plastic
tarpaulin for transit to the airport and export to the United States.
These safeguards must be intact upon arrival in the United States; and
(7) The Moroccan Ministry of Agiculture, Fresh Product Export
(EACCE) is responsible for export certification inspection and issuance
of phytosanitary certificates. Each consignment of tomatoes must be
accompanied by a phytosanitary certificate issued by EACCE and bearing
the declaration, ``These tomatoes were grown in registered greenhouses
in El Jadida or Safi Province, Morocco, and were pink at the time of
packing'' or ``These tomatoes were grown in registered greenhouses in
Dahkla Province, Western Sahara and were pink at the time of packing.''
(d) Tomatoes (fruit) (Lycopersicon esculentum) from Chile. Tomatoes
from Chile, whether green or at any stage of ripeness, may be imported
into the United States only in accordance with this section and other
applicable provisions of this subpart.
(1) The tomatoes must be treated in Chile with methyl bromide in
accordance with part 305 of this chapter. The treatment must be
conducted in facilities registered with the Servicio Agricola y
Ganadero (SAG) and with APHIS personnel monitoring the treatments;
(2) The tomatoes must be treated and packed within 24 hours of
harvest. Once treated, the tomatoes must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the packing
house and awaiting packing. They must be packed in insect-proof cartons
or containers, or insect-proof mesh or plastic tarpaulin under APHIS
monitoring for transit to the airport and subsequent export to the
United States. These safeguards must be intact upon arrival in the
United States; and
(3) Tomatoes may be imported into the United States from Chile only
if SAG has entered into a trust fund agreement with APHIS for that
shipping season in accordance with Sec. 319.56-6. This agreement
requires SAG to pay in advance all costs that APHIS estimates it will
incur in providing the preclearance services prescribed in this section
for that shipping season.
(e) Tomatoes (fruit) (Lycopersicon esculentum) from Australia.
Tomatoes may be imported into the United States from Australia only in
accordance with this section and other applicable provisions of this
subpart.
(1) The tomatoes must be grown in greenhouses registered with, and
inspected by, the Australian Quarantine Inspection Service (AQIS);
(2) Two months prior to shipping, AQIS must inspect the greenhouse
to establish its freedom from the following quarantine pests:
Bactrocera aquilonis, B. cucumis, B. jarvis, B. neohumeralis, B.
tryoni, Ceratitis capitata, Chrysodeixis argentifera, C. erisoma,
Helicoverpa armigera, H. punctigera, Lamprolonchaea brouniana,
Sceliodes cordalis, and Spodoptera litura. AQIS must also set and
maintain fruit fly traps inside the greenhouses and around the
perimeter of the greenhouses. Inside the greenhouses, the traps must be
APHIS-approved fruit fly traps, and they must be set at the rate of six
per hectare. In all areas outside the greenhouse and within 8
kilometers of the greenhouse, fruit fly traps must be placed on a 1-
kilometer grid. All traps must be checked at least every 7 days;
(3) Within a registered greenhouse, capture of a single fruit fly
or other quarantine pest will result in immediate cancellation of
exports from that greenhouse until the source of the infestation is
determined, the infestation has been eradicated, and measures are taken
to preclude any future infestation;
(4) Outside of a registered greenhouse, if one fruit fly of the
species specified in paragraph (e)(2) of this section is captured, the
trap density and frequency of trap inspection must be increased to
detect a reproducing colony. Capture of two Medflies or three of the
same species of Bactrocera within 2 kilometers of each other and within
30 days will result in the cancellation of exports from all registered
greenhouses within 2 kilometers of the finds until the source of the
infestation is determined and the fruit fly infestation is eradicated;
(5) AQIS must maintain records of trap placement, checking of
traps, and
[[Page 25050]]
any fruit fly captures, and must make the records available to APHIS
upon request;
(6) The tomatoes must be packed within 24 hours of harvest. They
must be safeguarded by an insect-proof mesh screen or plastic tarpaulin
while in transit to the packing house or while awaiting packing. They
must be placed in insect-proof cartons or containers, or securely
covered with insect-proof mesh or plastic tarpaulin for transport to
the airport or other shipping point. These safeguards must be intact
upon arrival in the United States; and
(7) Each consignment of tomatoes must be accompanied by a
phytosanitary certificate issued by AQIS stating ``These tomatoes were
grown, packed, and shipped in accordance with the requirements of Sec.
319.56-28(e) of 7 CFR.''
Sec. 319.56-29 Ya variety pears from China.
Ya variety pears may be imported into the United States from China
only in accordance with this section and other applicable provisions of
this subpart.
(a) Growing and harvest conditions. (1) The pears must have been
grown by growers registered with the Chinese Ministry of Agriculture in
an APHIS-approved export growing area in the Hebei or Shandong
Provinces.
(2) Field inspections for signs of pest infestation must be
conducted by the Chinese Ministry of Agriculture during the growing
season.
(3) The registered growers shall be responsible for following the
phytosanitary measures agreed upon by APHIS and the Chinese Ministry of
Agriculture, including applying pesticides to reduce the pest
population and bagging the pears on the trees to reduce the opportunity
for pests to attack the fruit during the growing season. The bags must
remain on the pears through the harvest and during their movement to
the packing house.
(4) The packing houses in which the pears are prepared for
exportation shall not be used for any fruit other than Ya variety pears
from registered growers during the pear export season. The packing
houses shall accept only those pears that are in intact bags as
required by paragraph (a)(3) of this section. The pears must be loaded
into containers at the packing house and the containers then sealed
before movement to the port of export.
(b) Treatment. Pears from Shandong Province must be cold treated
for Bactrocera dorsalis in accordance with part 305 of this chapter.
(c) Each consignment of pears must be accompanied by a
phytosanitary certificate issued by the Chinese Ministry of Agriculture
stating that the conditions of this section have been met.
Sec. 319.56-30 Hass avocados from Michoacan, Mexico.
Fresh Hass variety avocados (Persea americana) may be imported from
Michoacan, Mexico, into the United States in accordance with the
requirements of Sec. 319.56-3 of this subpart, and only under the
following conditions:
(a) Shipping restrictions. (1) The avocados may be imported in
commercial consignments only;
(2) Between January 31, 2005 and January 31, 2007, the avocados may
be imported into and distributed in all States except California,
Florida, Hawaii, Puerto Rico, and U.S. Territories. After January 31,
2007, the avocados may be imported into and distributed in all States,
but not Puerto Rico or any U.S. Territory.
(b) Trust fund agreement. The avocados may be imported only if the
Mexican avocado industry association representing Mexican avocado
growers, packers, and exporters has entered into a trust fund agreement
with APHIS for that shipping season in accordance with Sec. 319.56-6.
(c) Safeguards in Mexico. The avocados must have been grown in the
Mexican State of Michoacan in an orchard located in a municipality that
meets the requirements of paragraph (c)(1) of this section. The orchard
in which the avocados are grown must meet the requirements of paragraph
(c)(2) of this section. The avocados must be packed for export to the
United States in a packinghouse that meets the requirements of
paragraph (c)(3) of this section. The Mexican national plant protection
organization (NPPO) must provide an annual work plan to APHIS that
details the activities that the Mexican NPPO will, subject to APHIS'
approval of the work plan, carry out to meet the requirements of this
section; APHIS will be directly involved with the Mexican NPPO in the
monitoring and supervision of those activities. The personnel
conducting the trapping and pest surveys must be hired, trained, and
supervised by the Mexican NPPO or by the Michoacan State delegate of
the Mexican NPPO.
(1) Municipality requirements. (i) The municipality must be listed
as an approved municipality in the bilateral work plan provided to
APHIS by the Mexican NPPO.
(ii) The municipality must be surveyed at least semiannually (once
during the wet season and once during the dry season) and found to be
free from the large avocado seed weevil Heilipus lauri, the avocado
seed moth Stenoma catenifer, and the small avocado seed weevils
Conotrachelus aguacatae and C. perseae.
(iii) Trapping must be conducted in the municipality for
Mediterranean fruit fly (Medfly) (Ceratitis capitata) at the rate of 1
trap per 1 to 4 square miles. Any findings of Medfly must be reported
to APHIS.
(2) Orchard and grower requirements. The orchard and the grower
must be registered with the Mexican NPPO's avocado export program and
must be listed as an approved orchard or an approved grower in the
annual work plan provided to APHIS by the Mexican NPPO. The operations
of the orchard must meet the following conditions:
(i) The orchard and all contiguous orchards and properties must be
surveyed semiannually and found to be free from the avocado stem weevil
Copturus aguacatae.
(ii) Trapping must be conducted in the orchard for the fruit flies
Anastrepha ludens, A. serpentina, and A. striata at the rate of one
trap per 10 hectares. If one of those fruit flies is trapped, at least
10 additional traps must be deployed in a 50-hectare area immediately
surrounding the trap in which the fruit fly was found. If within 30
days of the first finding any additional fruit flies are trapped within
the 260-hectare area surrounding the first finding, malathion bait
treatments must be applied in the affected orchard in order for the
orchard to remain eligible to export avocados.
(iii) Avocado fruit that has fallen from the trees must be removed
from the orchard at least once every 7 days and may not be included in
field boxes of fruit to be packed for export.
(iv) Dead branches on avocado trees in the orchard must be pruned
and removed from the orchard.
(v) Harvested avocados must be placed in field boxes or containers
of field boxes that are marked to show the official registration number
of the orchard. The avocados must be moved from the orchard to the
packinghouse within 3 hours of harvest or they must be protected from
fruit fly infestation until moved.
(vi) The avocados must be protected from fruit fly infestation
during their movement from the orchard to the packinghouse and must be
accompanied by a field record indicating that the avocados originated
from a certified orchard.
(3) Packinghouse requirements. The packinghouse must be registered
with the Mexican NPPO's avocado export program and must be listed as an
[[Page 25051]]
approved packinghouse in the annual work plan provided to APHIS by the
Mexican NPPO. The operations of the packinghouse must meet the
following conditions:
(i) During the time the packinghouse is used to prepare avocados
for export to the United States, the packinghouse may accept fruit only
from orchards certified by the Mexican NPPO for participation in the
avocado export program.
(ii) All openings to the outside must be covered by screening with
openings of not more than 1.6 mm or by some other barrier that prevents
insects from entering the packinghouse.
(iii) The packinghouse must have double doors at the entrance to
the facility and at the interior entrance to the area where the
avocados are packed.
(iv) Prior to the culling process, a biometric sample, at a rate
determined by APHIS, of avocados per consignment must be selected, cut,
and inspected by the Mexican NPPO and found free from pests.
(v) The identity of the avocados must be maintained from field
boxes or containers to the shipping boxes so the avocados can be traced
back to the orchard in which they were grown if pests are found at the
packinghouse or the port of first arrival in the United States.
(vi) Prior to being packed in boxes, each avocado fruit must be
cleaned of all stems, leaves, and other portions of plants and labeled
with a sticker that bears the official registration number of the
packinghouse.
(vii) The avocados must be packed in clean, new boxes, or clean
plastic reusable crates. The boxes or crates must be clearly marked
with the identity of the grower, packinghouse, and exporter. Between
January 31, 2005 and January 31, 2007, the boxes or crates must be
clearly marked with the statement ``Not for importation or distribution
in CA, FL, HI, Puerto Rico or U.S. Territories.'' After January 31,
2007, the boxes or crates must be clearly marked with the statement
``Not for importation or distribution in Puerto Rico or U.S.
Territories.''
(viii) The boxes must be placed in a refrigerated truck or
refrigerated container and remain in that truck or container while in
transit through Mexico to the port of first arrival in the United
States. Prior to leaving the packinghouse, the truck or container must
be secured by Sanidad Vegetal with a seal that will be broken when the
truck or container is opened. Once sealed, the refrigerated truck or
refrigerated container must remain unopened until it reaches the port
of first arrival in the United States.
(ix) Any avocados that have not been packed or loaded into a
refrigerated truck or refrigerated container by the end of the work day
must be kept in the screened packing area.
(d) Certification. All consignments of avocados must be accompanied
by a phytosanitary certificate issued by the Mexican NPPO with an
additional declaration certifying that the conditions specified in this
section have been met.
(e) Pest detection. (1) If any of the avocado seed pests Heilipus
lauri, Conotrachelus aguacatae, C. perseae, or Stenoma catenifer are
discovered in a municipality during the semiannual pest surveys,
orchard surveys, packinghouse inspections, or other monitoring or
inspection activity in the municipality, the Mexican NPPO must
immediately initiate an investigation and take measures to isolate and
eradicate the pests. The Mexican NPPO must also provide APHIS with
information regarding the circumstances of the infestation and the pest
risk mitigation measures taken. The municipality in which the pests are
discovered will lose its pest-free certification and avocado exports
from that municipality will be suspended until APHIS and the Mexican
NPPO agree that the pest eradication measures taken have been effective
and that the pest risk within that municipality has been eliminated.
(2) If the Mexican NPPO discovers the stem weevil Copturus
aguacatae in an orchard during an orchard survey or other monitoring or
inspection activity in the orchard, the Mexican NPPO must provide APHIS
with information regarding the circumstances of the infestation and the
pest risk mitigation measures taken. The orchard in which the pest was
found will lose its export certification immediately and avocado
exports from that orchard will be suspended until APHIS and the Mexican
NPPO agree that the pest eradication measures taken have been effective
and that the pest risk within that orchard has been eliminated.
(3) If the Mexican NPPO discovers the stem weevil Copturus
aguacatae in fruit at a packinghouse, the Mexican NPPO must investigate
the origin of the infested fruit and provide APHIS with information
regarding the circumstances of the infestation and the pest risk
mitigation measures taken. The orchard where the infested fruit
originated will lose its export certification immediately and avocado
exports from that orchard will be suspended until APHIS and the Mexican
NPPO agree that the pest eradication measures taken have been effective
and that the pest risk within that orchard has been eliminated.
(f) Ports. The avocados may enter the United States only through a
port of entry located in a State where the distribution of the fruit is
authorized pursuant to paragraph (a)(2) of this section.
(g) Inspection. The avocados are subject to inspection by an
inspector at the port of first arrival. At the port of first arrival,
an inspector will sample and cut avocados from each consignment to
detect pest infestation.
(h) Inspection. The avocados are subject to inspection by an
inspector at the port of first arrival, at any stops in the United
States en route to an approved State, and upon arrival at the terminal
market in the approved States. At the port of first arrival, an
inspector will sample and cut avocados from each shipment to detect
pest infestation.
(i) Repackaging. If any avocados are removed from their original
shipping boxes and repackaged, the stickers required by paragraph
(c)(3)(vi) of this section may not be removed or obscured and the new
boxes must be clearly marked with all the information required by
paragraph (c)(3)(vii) of this section.
Sec. 319.56-31 Peppers from Spain.
Peppers (fruit) (Capsicum spp.) may be imported into the United
States from Spain only under permit, and only in accordance with this
section and all other applicable requirements of this subpart:
(a) The peppers must be grown in the Alicante or Almeria Province
of Spain in pest-proof greenhouses registered with, and inspected by,
the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);
(b) The peppers may be shipped only from December 1 through April
30, inclusive;
(c) Beginning October 1, and continuing through April 30, MAFF must
set and maintain Mediterranean fruit fly (Ceratitis capitata) (Medfly)
traps baited with trimedlure inside the greenhouses at a rate of four
traps per hectare. In all outside areas, including urban and
residential areas, within 8 kilometers of the greenhouses, MAFF must
set and maintain Medfly traps baited with trimedlure at a rate of four
traps per square kilometer. All traps must be checked every 7 days;
(d) Capture of a single Medfly in a registered greenhouse will
immediately halt exports from that greenhouse until the Administrator
determines that the source of infestation has been identified, that all
Medflies have been eradicated,
[[Page 25052]]
and that measures have been taken to preclude any future infestation.
Capture of a single Medfly within 2 kilometers of a registered
greenhouse will necessitate increased trap density in order to
determine whether there is a reproducing population in the area.
Capture of two Medflies within 2 kilometers of a registered greenhouse
during a 1-month period will halt exports from all registered
greenhouses within 2 kilometers of the capture, until the source of
infestation is determined and all Medflies are eradicated;
(e) The peppers must be safeguarded from harvest to export by
insect-proof mesh or plastic tarpaulin, including while in transit to
the packing house and while awaiting packing. They must be packed in
insect-proof cartons or covered by insect-proof mesh or plastic
tarpaulin for transit to the airport and subsequent export to the
United States. These safeguards must be intact upon arrival in the
United States;
(f) The peppers must be packed for shipment within 24 hours of
harvest;
(g) During shipment, the peppers may not transit other fruit fly-
supporting areas unless shipping containers are sealed by MAFF with an
official seal whose number is noted on the phytosanitary certificate;
and
(h) A phytosanitary certificate issued by MAFF and bearing the
declaration, ``These peppers were grown in registered greenhouses in
Alicante or Almeria Province in Spain,'' must accompany the
consignment.
Sec. 319.56-32 Peppers from New Zealand.
Peppers (fruit) (Capsicum spp.) from New Zealand may be imported
into the United States only in accordance with this section and other
applicable provisions of this subpart.
(a) The peppers must be grown in New Zealand in insect-proof
greenhouses approved by the New Zealand Ministry of Agriculture and
Forestry (MAF).
(b) The greenhouses must be equipped with double self-closing
doors, and any vents or openings in the greenhouses (other than the
double closing doors) must be covered with 0.6 mm screening in order to
prevent the entry of pests into the greenhouse.
(c) The greenhouses must be examined periodically by MAF to ensure
that the screens are intact.
(d) Each consignment of peppers must be accompanied by a
phytosanitary certificate of inspection issued by MAF bearing the
following declaration: ``These peppers were grown in greenhouses in
accordance with the conditions in Sec. 319.56-32.''
Sec. 319.56-33 Mangoes from the Philippines.
Mangoes (fruit) (Mangifera indica) may be imported into the United
States from the Philippines only in accordance with this section and
other applicable provisions of this subpart.
(a) Limitation of origin. The mangoes must have been grown on the
island of Guimaras, which the Administrator has determined meets the
criteria set forth in Sec. 319.56-5 with regard to the mango seed
weevil (Sternochetus mangiferae).
(b) Treatment. The mangoes must be treated for fruit flies of the
genus Bactrocera with vapor heat under the supervision of an inspector
in accordance with the regulations in part 305 of this chapter.
(c) Inspection. Mangoes from the Philippines are subject to
inspection under the direction of an inspector, either in the
Philippines or at the port of first arrival in the United States.
Mangoes inspected in the Philippines are subject to reinspection at the
port of first arrival in the United States as provided in Sec. 319.56-
3.
(d) Labeling. Each box of mangoes must be clearly labeled in
accordance with Sec. 319.56-5(c)(1).
(e) Phytosanitary certificate. Each consignment of mangoes must be
accompanied by a phytosanitary certificate issued by the Republic of
the Philippines Department of Agriculture that contains additional
declarations stating that the mangoes were grown on the island of
Guimaras and have been treated for fruit flies of the genus Bactrocera
in accordance with paragraph (b) of this section.
(f) Trust Fund Agreement. Mangoes that are treated or inspected in
the Philippines may be imported into the United States only if the
Republic of the Philippines Department of Agriculture (RPDA) has
entered into a trust fund agreement with APHIS in accordance with Sec.
319.56-6.
Sec. 319.56-34 Clementines from Spain.
Clementines (Citrus reticulata) from Spain may only be imported
into the United States in accordance with this section and other
applicable provisions of this subpart.
(a) Trust fund agreement. Clementines from Spain may be imported
only if the Government of Spain or its designated representative enters
into a trust fund agreement with APHIS before each shipping season in
accordance with Sec. 319.56-6.
(b) Grower registration and agreement. Persons who produce
clementines in Spain for export to the United States must:
(1) Be registered with the Government of Spain; and
(2) Enter into an agreement with the Government of Spain whereby
the producer agrees to participate in and follow the Mediterranean
fruit fly management program established by the Government of Spain.
(c) Management program for Mediterranean fruit fly; monitoring. The
Government of Spain's Mediterranean fruit fly (Ceratitis capitata)
management program must be approved by APHIS, and must contain the
fruit fly trapping and recordkeeping requirements specified in this
paragraph. The program must also provide that clementine producers must
allow APHIS inspectors access to clementine production areas in order
to monitor compliance with the Mediterranean fruit fly management
program.
(1) Trapping and control. In areas where clementines are produced
for export to the United States, traps must be placed in Mediterranean
fruit fly host plants at least 6 weeks prior to harvest. Bait
treatments using malathion, spinosad, or another pesticide that is
approved by APHIS and the Government of Spain must be applied in the
production areas at the rate specified by Spain's Medfly management
program.
(2) Records. The Government of Spain or its designated
representative must keep records that document the fruit fly trapping
and control activities in areas that produce clementines for export to
the United States. All trapping and control records kept by the
Government of Spain or its designated representative must be made
available to APHIS upon request.
(3) Compliance. If APHIS determines that an orchard is not
operating in compliance with the regulations in this section, it may
suspend exports of clementines from that orchard.
(d) Phytosanitary certificate. Clementines from Spain must be
accompanied by a phytosanitary certificate stating that the fruit meets
the conditions of the Government of Spain's Mediterranean fruit fly
management program and applicable APHIS regulations.
(e) Labeling. Boxes in which clementines are packed must be labeled
with a lot number that provides information to identify the orchard
where the fruit was grown and the packinghouse where the fruit was
packed. The lot number must end with the letters ``US.'' All labeling
must be large enough to clearly display the required information and
must be located on the outside of the boxes to facilitate inspection.
(f) Pre-treatment sampling; rates of inspection. For each
consignment of
[[Page 25053]]
clementines intended for export to the United States, prior to cold
treatment, inspectors will cut and inspect 200 fruit that are randomly
selected from throughout the consignment. If inspectors find a single
live Mediterranean fruit fly in any stage of development during an
inspection, the entire consignment of clementines will be rejected. If
a live Mediterranean fruit fly in any stage of development is found in
any two lots of fruit from the same orchard during the same shipping
season, that orchard will be removed from the export program for the
remainder of that shipping season.
(g) Cold treatment. Clementines must be cold treated in accordance
with part 305 of this chapter. Upon arrival of clementines at a port of
entry into the United States, inspectors will examine the cold
treatment data for each shipment to ensure that the cold treatment was
successfully completed. If the cold treatment has not been successfully
completed, the shipment will be held until appropriate remedial actions
have been implemented.
(h) Port of entry sampling. Clementines imported from Spain are
subject to inspection by an inspector at the port of entry into the
United States. At the port of first arrival, an inspector will sample
and cut clementines from each consignment to detect pest infestation
according to sampling rates determined by the Administrator. If a
single live Mediterranean fruit fly in any stage of development is
found, the consignment will be held until an investigation is completed
and appropriate remedial actions have been implemented.
(i) Suspension of program. If APHIS determines at any time that the
safeguards contained in this section are not protecting against the
introduction of Medflies into the United States, APHIS may suspend the
importation of clementines and conduct an investigation into the cause
of the deficiency.
(j) Definitions. The following are definitions for terms used in
this section:
Consignment. (1) Untreated fruit. For untreated fruit, the term
means one or more lots (containing no more than a combined total of
200,000 boxes of clementines) that are presented to an inspector for
pre-treatment inspection.
(2) Treated fruit. For treated fruit, the term means one or more
lots of clementines that are imported into the United States on the
same conveyance.
Lot. For the purposes of this section, a number of units of
clementines that are from a common origin (i.e., a single producer or a
homogenous production unit \8\).
---------------------------------------------------------------------------
\8\ A homogeneous production unit is a group of adjacent
orchards in Spain that are owned by one or more growers who follow a
homogenous production system under the same technical guidance.
---------------------------------------------------------------------------
Orchard. A plot on which clementines are grown that is separately
registered in the Spanish Medfly management program.
Shipping season. For the purposes of this section, a shipping
season is considered to include the period beginning approximately in
mid-September and ending approximately in late February of the next
calendar year.
Sec. 319.56-35 Persimmons from the Republic of Korea.
Persimmons (fruit) (Disopyros khaki) may be imported into the
United States from the Republic of Korea only in accordance with this
section and other applicable provisions of this subpart.
(a) The production site, which is an orchard, where the persimmons
are grown must have been inspected at least once during the growing
season and before harvest for the following pests: Conogethes
punctiferalis, Planococcus kraunhiae, Stathmopoda masinissa, and
Tenuipalpus zhizhilashiviliae.
(b) After harvest, the persimmons must be inspected by the Republic
of Korea's national plant protection organization (NPPO) and found free
of the pests listed in paragraph (a) of this section before the
persimmons may be shipped to the United States;
(c) Each consignment of persimmons must be accompanied by a
phytosanitary certificate issued by the Republic of Korea's NPPO
stating that the fruit is free of Conogethes punctiferalis, Planococcus
kraunhiae, Stathmopoda masinissa, and Tenuipalpus zhizhilashiviliae.
(d) If any of the pests listed in paragraph (a) of this section are
detected in an orchard, exports from that orchard will be canceled
until the source of infestation is determined and the infestation is
eradicated.
Sec. 319.56-36 Watermelon, squash, cucumber, and oriental melon from
the Republic of Korea.
Watermelon (Citrullus lanatus), squash (Curcurbita maxima),
cucumber (Cucumis sativus), and oriental melon (Cucumis melo) may be
imported into the United States from the Republic of Korea only in
accordance with this paragraph and all other applicable requirements of
this subpart:
(a) The fruit must be grown in pest-proof greenhouses registered
with the Republic of Korea's national plant protection organization
(NPPO).
(b) The NPPO must inspect and regularly monitor greenhouses for
plant pests. The NPPO must inspect greenhouses and plants, including
fruit, at intervals of no more than 2 weeks, from the time of fruit set
until the end of harvest.
(c) The NPPO must set and maintain McPhail traps (or a similar type
with a protein bait that has been approved for the pests of concern) in
greenhouses from October 1 to April 30. The number of traps must be set
as follows: Two traps for greenhouses smaller than 0.2 hectare in size;
three traps for greenhouses 0.2 to 0.5 hectare; four traps for
greenhouses over 0.5 hectare and up to 1.0 hectare; and for greenhouses
greater than 1 hectare, traps must be placed at a rate of four traps
per hectare.
(d) The NPPO must check all traps once every 2 weeks. If a single
pumpkin fruit fly is captured, that greenhouse will lose its
registration until trapping shows that the infestation has been
eradicated.
(e) The fruit may be shipped only from December 1 through April 30.
(f) Each shipment must be accompanied by a phytosanitary
certificate issued by NPPO, with the following additional declaration:
``The regulated articles in this shipment were grown in registered
greenhouses as specified by 7 CFR 319.56-36.''
(g) Each shipment must be protected from pest infestation from
harvest until export. Newly harvested fruit must be covered with
insect-proof mesh or a plastic tarpaulin while moving to the
packinghouse and awaiting packing. Fruit must be packed within 24 hours
of harvesting, in an enclosed container or vehicle or in insect-proof
cartons or cartons covered with insect-proof mesh or plastic tarpaulin,
and then placed in containers for shipment. These safeguards must be
intact when the shipment arrives at the port in the United States.
Sec. 319.56-37 Grapes from the Republic of Korea.
Grapes (Vitis spp.) may be imported into the United States from the
Republic of Korea under the following conditions:
(a) The fields where the grapes are grown must be inspected during
the growing season by the Republic of Korea's national plant protection
organization (NPPO). The NPPO will inspect 250 grapevines per hectare,
inspecting leaves, stems, and fruit of the vines.
(b) If evidence of Conogethes punctiferalis, Eupoecilia ambiguella,
Sparganothis pilleriana, Stathmopoda auriferella, or Monilinia
fructigena is
[[Page 25054]]
detected during inspection, the field will immediately be rejected, and
exports from that field will be canceled until visual inspection of the
vines shows that the infestation has been eradicated.
(c) Fruit must be bagged from the time the fruit sets until
harvest.
(d) Each shipment must be inspected by the NPPO before export. For
each shipment, the NPPO must issue a phytosanitary certificate with an
additional declaration stating that the fruit in the shipment was found
free from C. punctiferalis, E. ambiguella, S. pilleriana, S.
auriferella, or M. fructigena, and Nippoptilia vitis.
Sec. 319.56-38 Clementines, mandarins, and tangerines from Chile.
Clementines (Citrus reticulata Blanco var. Clementine), mandarins
(Citrus reticulata Blanco), and tangerines (Citrus reticulata Blanco)
may be imported into the United States from Chile only under the
following conditions:
(a) The fruit must be accompanied by a permit issued in accordance
with Sec. 319.56-3(b).
(b) If the fruit is produced in an area of Chile where
Mediterranean fruit fly (Ceratatis capitata) is known to occur, the
fruit must be cold treated in accordance with part 305 of this chapter.
Fruit for which cold treatment is required must be accompanied by
documentation indicating that the cold treatment was initiated in Chile
(a PPQ Form 203 or its equivalent may be used for this purpose).
(c) The fruit must either be produced and shipped under the systems
approach described in paragraph (d) of this section or fumigated in
accordance with paragraph (e) of this section.
(d) Systems approach. The fruit may be imported without fumigation
for Brevipalpus chilensis if it meets the following conditions:
(1) Production site registration. The production site where the
fruit is grown must be registered with the national plant protection
organization (NPPO) of Chile. To register, the production site must
provide Chile's NPPO with the following information: Production site
name, grower, municipality, province, region, area planted to each
species, number of plants/hectares/species, and approximate date of
harvest. Registration must be renewed annually.
(2) Low prevalence production site certification. Between 1 and 30
days prior to harvest, random samples of fruit must be collected from
each registered production site under the direction of Chile's NPPO.
These samples must undergo a pest detection and evaluation method as
follows: The fruit and pedicels must be washed using a flushing method,
placed in a 20 mesh sieve on top of a 200 mesh sieve, sprinkled with a
liquid soap and water solution, washed with water at high pressure, and
washed with water at low pressure. The process must then be repeated.
The contents of the sieves must then be placed on a petri dish and
analyzed for the presence of live B. chilensis mites. If a single live
B. chilensis mite is found, the production site will not qualify for
certification as a low prevalence production site and will be eligible
to export fruit to the United States only if the fruit is fumigated in
accordance with paragraph (e) of this section. Each production site may
have only one opportunity per harvest season to qualify as a low
prevalence production site, and certification of low prevalence will be
valid for one harvest season only. The NPPO of Chile will present a
list of certified production sites to APHIS.
(3) Post-harvest processing. After harvest and before packing, the
fruit must be washed, rinsed in a chlorine bath, washed with detergent
with brushing using bristle rollers, rinsed with a hot water shower
with brushing using bristle rollers, predried at room temperature,
waxed, and dried with hot air.
(4) Phytosanitary inspection. The fruit must be inspected in Chile
at an APHIS-approved inspection site under the direction of APHIS
inspectors in coordination with the NPPO of Chile after the post-
harvest processing. A biometric sample will be drawn and examined from
each consignment of fruit, which may represent multiple grower lots
from different packing sheds. Clementines, mandarins, or tangerines in
any consignment may be shipped to the United States only if the
consignment passes inspection as follows:
(i) Fruit presented for inspection must be identified in the
shipping documents accompanying each lot of fruit that identify the
production site(s) where the fruit was produced and the packing shed(s)
where the fruit was processed. This identity must be maintained until
the fruit is released for entry into the United States.
(ii) A biometric sample of boxes from each consignment will be
selected and the fruit from these boxes will be visually inspected for
quarantine pests, and a portion of the fruit will be washed and the
collected filtrate will be microscopically examined for B. chilensis.
(A) If a single live B. chilensis mite is found, the fruit will be
eligible for importation into the United States only if it is fumigated
in Chile in accordance with paragraph (e) of this section. The
production site will be suspended from the low prevalence certification
program and all subsequent lots of fruit from the production site of
origin will be required to be fumigated as a condition of entry to the
United States for the remainder of the shipping season.
(B) If inspectors find evidence of any other quarantine pest, the
fruit in the consignment will remain eligible for importation into the
United States only if an authorized treatment for the pest is available
in the PPQ Treatment Manual and the entire consignment is treated for
the pest in Chile under APHIS supervision.
(iii) Each consignment of fruit must be accompanied by a
phytosanitary certificate issued by the NPPO of Chile that contains an
additional declaration stating that the fruit in the consignment meets
the conditions of Sec. 319.56-38(d).
(e) Approved fumigation. Clementines, mandarins, or tangerines that
do not meet the conditions of paragraph (d) of this section may be
imported into the United States if the fruit is fumigated either in
Chile or at the port of first arrival in the United States with methyl
bromide for B. chilensis in accordance with part 305 of this chapter.
An APHIS inspector will monitor the fumigation of the fruit and will
prescribe such safeguards as may be necessary for unloading, handling,
and transportation preparatory to fumigation. The final release of the
fruit for entry into the United States will be conditioned upon
compliance with prescribed safeguards and required treatment.
(f) Trust fund agreement. Clementines, mandarins, and tangerines
may be imported into the United States under this section only if the
NPPO of Chile has entered into a trust fund agreement with APHIS in
accordance with Sec. 319.56-6.
Sec. 319.56-39 Fragrant pears from China.
Fragrant pears may be imported into the United States from China
only under the following conditions:
(a) Origin, growing, and harvest conditions. (1) The pears must
have been grown in the Korla region of Xinjiang Province in a
production site that is registered with the national plant protection
organization of China.
(2) All propagative material introduced into a registered
production site must be certified free of the pests listed in this
section by the national plant protection organization of China.
(3) Within 30 days prior to harvest, the national plant protection
[[Page 25055]]
organization of China or officials authorized by the national plant
protection organization of China must inspect the registered production
site for signs of pest infestation and allow APHIS to monitor the
inspections. The national plant protection organization of China must
provide APHIS with information on pest detections and pest detection
practices, and APHIS must approve the pest detection practices.
(4) If any of the quarantine pests listed in this section are found
during the pre-harvest inspection or at any other time, the national
plant protection organization of China must notify APHIS immediately.
(i) Upon detection of Oriental fruit fly (Bactrocera dorsalis),
APHIS may reject the lot or consignment and may prohibit the
importation into the United States of fragrant pears from China until
an investigation is conducted and APHIS and the national plant
protection organization of China agree that appropriate remedial action
has been taken.
(ii) Upon detection of peach fruit borer (Carposina sasaki), yellow
peach moth (Conogethes punctiferalis), apple fruit moth (Cydia
inopinata), Hawthorn spider mite (Tetranychus viennensis), red plum
maggot (Cydia funebrana), brown rot (Monilinia fructigena), Asian pear
scab (Venturia nashicola), pear trellis rust (Gymnosporangium fuscum),
Asian pear black spot (Alternaria spp.), or phylloxeran (Aphanostigma
sp. poss. jackusiensis), APHIS may reject the lot or consignment and
may prohibit the importation into the United States of fragrant pears
from the production site for the season. The exportation to the United
States of fragrant pears from the production site may resume in the
next growing season if an investigation is conducted and APHIS and the
national plant protection organization of China agree that appropriate
remedial action has been taken. If any of these pests is detected in
more than one registered production site, APHIS may prohibit the
importation into the United States of fragrant pears from China until
an investigation is conducted and APHIS and the national plant
protection organization of China agree that appropriate remedial action
has been taken.
(5) After harvest, the national plant protection organization of
China or officials authorized by the national plant protection
organization of China must inspect the pears for signs of pest
infestation and allow APHIS to monitor the inspections.
(6) Upon detection of large pear borer (Numonia pivivorella), pear
curculio (Rhynchites fovepessin), or Japanese apple curculio (R.
heros), APHIS may reject the lot or consignment.
(b) Packing requirements. (1) The fragrant pears must be packed in
cartons that are labeled in accordance with Sec. 319.56-5(e).
(2) The fragrant pears must be held in a cold storage facility
while awaiting export. If fruit from unregistered production sites are
stored in the same facility, the fragrant pears must be isolated from
that other fruit.
(c) Shipping requirements. (1) The fragrant pears must be shipped
in insect-proof containers and all pears must be safeguarded during
transport to the United States in a manner that will prevent pest
infestation.
(2) The fragrant pears may be imported only under a permit issued
by APHIS in accordance with Sec. 319.56-3(b).
(3) Each shipment of pears must be accompanied by a phytosanitary
certificate issued by the national plant protection organization of
China stating that the conditions of this section have been met and
that the shipment has been inspected and found free of the pests listed
in this section.
Sec. 319.56-40 Peppers from certain Central American countries.
Fresh peppers (Capsicum spp.) may be imported into the United
States from Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua
only under the following conditions:
(a) For peppers of the species Capsicum annuum, Capsicum
frutescens, Capsicum baccatum, and Capsicum chinense from areas free of
Mediterranean fruit fly (Medfly), terms of entry are as follows:
(1) The peppers must be grown and packed in an area that has been
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in
accordance with the procedures described in Sec. 319.56-5 of this
subpart.
(2) A pre-harvest inspection of the growing site must be conducted
by the national plant protection organization (NPPO) of the exporting
country for the weevil Faustinus ovatipennis, pea leafminer, tomato
fruit borer, banana moth, lantana mealybug, passionvine mealybug, melon
thrips, the rust fungus Puccinia pampeana, Andean potato mottle virus,
and tomato yellow mosaic virus, and if these pests are found to be
generally infesting the growing site, the NPPO may not allow export
from that production site until the NPPO has determined that risk
mitigation has been achieved.
(3) The peppers must be packed in insect-proof cartons or
containers or covered with insect-proof mesh or plastic tarpaulin at
the packinghouse for transit to the United States. These safeguards
must remain intact until arrival in the United States.
(4) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an area recognized to be free of Medfly and the
shipment has been inspected and found free of the pests listed in the
requirements.''
(b) For peppers of the species Capsicum annuum, Capsicum
frutescens, Capsicum baccatum, Capsicum chinense, and Capsicum
pubescens from areas in which Medfly is considered to exist:
(1) The peppers must be grown in approved production sites
registered with the NPPO of the exporting country. Initial approval of
the production sites will be completed jointly by the exporting
country's NPPO and APHIS. The exporting country's NPPO will visit and
inspect the production sites monthly, starting 2 months before harvest
and continuing through until the end of the shipping season. APHIS may
monitor the production sites at any time during this period.
(2) Pepper production sites must consist of pest-exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(3) Registered sites must contain traps for the detection of Medfly
both within and around the production site.
(i) Traps with an approved protein bait must be placed inside the
greenhouses at a density of four traps per hectare, with a minimum of
two traps per greenhouse. Traps must be serviced on a weekly basis.
(ii) If a single Medfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to export peppers to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved.
(iii) Medfly traps with an approved lure must be placed inside a
buffer area 500 meters wide around the registered production site, at a
density of 1 trap per 10 hectares and a minimum of 10 traps. These
traps must be checked at least every 7 days. At least one of these
traps must be near the greenhouse. Traps must be set for at least 2
months before export and trapping must continue to the end of the
harvest.
[[Page 25056]]
(iv) Capture of 0.7 or more Medflies per trap per week will delay
or suspend the harvest, depending on whether harvest has begun, for
consignments of peppers from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(v) The greenhouse must be inspected prior to harvest for the
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow
mosaic virus. If any of these pests, or other quarantine pests, are
found to be generally infesting the greenhouse, export from that
production site will be halted until the exporting country's NPPO
determines that the pest risk has been mitigated.
(4) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Medfly captures. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS' review.
(5) The peppers must be packed within 24 hours of harvest in a
pest-exclusionary packinghouse. The peppers must be safeguarded by an
insect-proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. Peppers must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh
or plastic tarpaulin, for transit to the United States. These
safeguards must remain intact until arrival in the United States or the
consignment will be denied entry into the United States.
(6) During the time the packinghouse is in use for exporting
peppers to the United States, the packinghouse may accept peppers only
from registered approved production sites.
(7) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the
requirements.'' The shipping box must be labeled with the identity of
the production site.
(c) For peppers of the species Capsicum pubescens from areas in
which Mexican fruit fly (Mexfly) is considered to exist:
(1) The peppers must be grown in approved production sites
registered with the NPPO of the exporting country. Initial approval of
the production sites will be completed jointly by the exporting
country's NPPO and APHIS. The exporting country's NPPO must visit and
inspect the production sites monthly, starting 2 months before harvest
and continuing through until the end of the shipping season. APHIS may
monitor the production sites at any time during this period.
(2) Pepper production sites must consist of pest-exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(3) Registered sites must contain traps for the detection of Mexfly
both within and around the production site.
(i) Traps with an approved protein bait must be placed inside the
greenhouses at a density of four traps per hectare, with a minimum of
two traps per greenhouse. Traps must be serviced on a weekly basis.
(ii) If a single Mexfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to ship under the systems approach until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved.
(iii) Mexfly traps with an approved protein bait must be placed
inside a buffer area 500 meters wide around the registered production
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps.
These traps must be checked at least every 7 days. At least one of
these traps must be near the greenhouse. Traps must be set for at least
2 months before export, and trapping must continue to the end of the
harvest.
(iv) Capture of 0.7 or more Mexflies per trap per week will delay
or suspend the harvest, depending on whether harvest has begun, for
consignments of peppers from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(v) The greenhouse must be inspected prior to harvest for the
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow
mosaic virus. If any of these pests, or other quarantine pests, are
found to be generally infesting the greenhouse, export from that
production site will be halted until the exporting country's NPPO
determines that the pest risk has been mitigated.
(4) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Mexfly captures. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS's review.
(5) The peppers must be packed within 24 hours of harvest in a
pest-exclusionary packinghouse. The peppers must be safeguarded by an
insect-proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. Peppers must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh
or plastic tarpaulin, for transit to the United States. These
safeguards must remain intact until arrival in the United States or the
consignment will be denied entry into the United States.
(6) During the time the packinghouse is in use for exporting
peppers to the United States, the packinghouse may accept peppers only
from registered approved production sites.
(7) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the
requirements.'' The shipping box must be labeled with the identity of
the production site.
Sec. 319.75-2 [Amended]
13. In Sec. 319.75-2, footnote 1 would be amended by removing the
citation ``7 CFR 319.56 et seq.'' and adding the words ``Subpart--
Fruits and Vegetables of this part'' in its place.
PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS
14. The authority citation for part 352 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
15. In Sec. 352.30, paragraphs (e) and (f) would be revised to
read as follows:
Sec. 352.30 Administrative instructions: Certain oranges, tangerines,
and grapefruit from Mexico.
* * * * *
(e) Untreated fruit from certain municipalities in Sonora, Mexico.
Oranges, tangerines, and grapefruit in
[[Page 25057]]
transit to foreign countries may be imported from certain
municipalities in Sonora, Mexico, that meet the criteria of Sec.
319.56-5 for freedom from fruit flies in accordance with the applicable
conditions in part 319 of this chapter.
(f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico
that have been treated in Mexico in accordance with part 305 of this
chapter may be moved through the United States ports for exportation in
accordance with the regulations in part 319 of this chapter.
* * * * *
Done in Washington, DC, this 19th day of April 2006.
Charles D. Lambert,
Acting Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 06-3897 Filed 4-26-06; 8:45 am]
BILLING CODE 3410-34-C