APHIS Issues Proposed Rule to Liberalize Mexican Hass Avocado Import Program, Etc
The Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would amend its regulations at 7 CFR Parts 301 and 319 which govern the importation of fruits and vegetables in order to, among other things, expand the number of States in which fresh Hass avocado fruit grown in approved orchards in approved municipalities in Michoacan, Mexico (avocados) may be distributed.
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APHIS explains that it is proposing this action in response to a request from the Government of Mexico and based on its finding that the phytosanitary measures described in this proposed rule will reduce the risk of introducing plant pests associated with Mexican Hass avocados into the U.S.
Highlights of APHIS' Proposed Rule on Mexican Hass Avocado Import Program
In the preamble and/or regulatory text of this proposed rule, APHIS explains that it would make the following amendments to current regulations (partial list):
Expand distribution to all of U.S. Avocados would be allowed to be distributed in all areas of the U.S. Currently, APHIS' regulations limit the distribution of avocados to 31 northeastern and north central states and the District of Columbia. APHIS also notes that it is considering a limited distribution plan that would delay the entry of avocados from Mexico into commercial avocado producing areas (e.g. California, Florida, and Hawaii) in the U.S. for up to 1 full year.
Year round distribution. Distribution of the avocados would be allowed during all months of the year. Currently, such avocados may enter subject states from October 15 through April 15 only.
Safeguards in Mexico. APHIS states that the provisions concerning safeguards in Mexico would remain largely the same under the proposed rule. However, APHIS would amend certain instructions for conducting pest surveys. In addition, APHIS would require semiannual (rather than annual) orchard surveys for the avocado stem weevil, among other changes.
Biometric sampling. APHIS is proposing to remove the requirement that a sample of 300 avocados per shipment must be selected, cut, and inspected, and found free from pests. APHIS states that this figure does not allow flexibility to make adjustments that may be indicated by APHIS' monitoring of field conditions in the growing area. Therefore, APHIS is proposing that a biometric sample size as large as 300 fruit will be sampled from each shipment. This means that production areas with a past history of negative pest finds may have fewer than 300 fruit sampled. APHIS states that requiring a biometric sample rather than a set 300 fruit would give flexibility to adjust sample sizes as appropriate.
Insect-proof packaging, etc. APHIS is proposing to replace the requirement for sealed trucks or containers with a requirement for the avocados to be packed in insect-proof cartons, loaded in insect-proof containers, or covered with insect-proof mesh or plastic tarpaulin prior to leaving the packinghouse.
Port of entry limitations would be eliminated. APHIS states that because it is proposing to remove the distribution restrictions on the avocados once they have entered the U.S., existing port of entry limitations would no longer be necessary. Therefore, it is proposing to remove these limitations from the regulations.
-written comments due by July 23, 2004
APHIS Contact - Karen Bedigian (301) 734-6799
APHIS Proposed Rule (D/N 03-022-3, FR Pub 05/24/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11709.pdf