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APHIS Proposes to Allow Small Lots of Seed to be Imported With a Permit Instead of a Certificate

The Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule which would amend its nursery stock regulations at 7 CFR Part 319 to allow the importation of small lots of seed under an import permit with specific conditions, as an alternative to the current phytosanitary certificate requirement.

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In January 2002, APHIS began enforcing, on a consistent basis, an existing requirement in 7 CFR 319.37-4(a) that a phytosanitary certificate of inspection accompany certain restricted articles (including small lots of seed). APHIS now states that some smaller entities have been adversely affected by the enforcement of this requirement.

APHIS explains that since obtaining a phytosanitary certificate is not feasible in many cases for those entities interested in importing small lots of seed (which would consist of a maximum of 50 seeds of 1 taxon and a maximum of 50 seed packets per shipment) it is proposing to allow the importation of such lots using a permit rather than a phytosanitary certificate.

Highlights of Proposed Requirements for Obtaining a Permit

Among other things, the completed permit application would have to contain: name and contact information of importer; approximate quantity and kinds (botanical designations) of articles intended to be imported; country or locality where grown; intended U.S. port of entry; expected date of arrival, etc. APHIS states that its Plant Protection and Quarantine (PPQ) program will review the application and will then decide whether to issue a permit and the applicable conditions for importation.

APHIS is also proposing several additional requirements that would have to be met in order for such shipments to qualify for importation under a permit, including: (1) each seed pack would have to be clearly labeled with the name of the collector/shipper, the country of origin, and the scientific name at least to the genus, and preferably to the species, level, (2) the seeds would have to be free from pesticides; (3) the seed packets would have to be in gas permeable packages; (4) etc.

-written comments received on or before June 28, 2004 will be considered.

APHIS Contact - Arnold Tschanz (301) 734-5306

APHIS Proposed Rule (D/N 02-119-1, FR Pub 04/29/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-9716.pdf