APHIS Interim Rule Restricts Imports from Canada of Pine Nursery Stock, Cut XMAS Trees, Logs, Etc

(APHIS notes that this interim rule amends its Nursery Stock, Plants, Roots, Bulbs, Seeds and Other Plant Products regulations (7 CFR 319.37-319.37-14), its Logs, Lumber, and Other Unmanufactured Wood Articles regulations (7 CFR 319.40-1 through 319.40-11) and its Gypsy Moth Host Material from Canada regulations (7 CFR 319.77-1 through 319.77-5.))

Under this interim rule, pine shoot beetle host material must meet certain requirements relating to documentation, treatment, handling and utilization as a condition of importation into the U.S. from Canada. APHIS adds that these regulations parallel in many respects Canadian restrictions regarding the importation of pine shoot beetle host material into Canada from the U.S.

Highlights of the interim rule's regulatory provisions are provided below:

Amendments to Nursery Stock, Etc. Regulations

Written Permit. This interim rule amends 7 CFR 319.37-3(15) to indicate that regardless of its destination in the U.S., restricted articles (except seeds) of pine (Pinus spp.) from Canada (other than articles for food, analytical, medicinal or manufacturing purposes) require a written permit issued by the Plant Protection and Quarantine (PPQ) Programs in order to be imported or offered for importation into the U.S.

Phytosanitary Certificate. In addition, this interim rule adds a new paragraph (s) to 7 CFR 319.37-5 to impose additional phytosanitary certificate of inspection restrictions on the importation from Canada into the United States of restricted articles (except seeds) of pine (Pinus spp.), as follows:

From noninfested Canadian Provinces to all areas of the U.S. The accompanying phytosanitary certificate of inspection must specify the Canadian Province where the restricted articles originated, and the Provinces they were moved through. If moved through a quarantined area of the U.S., en route to an area(s) in the U.S. that is not quarantined during certain months and temperatures, the restricted articles must be shipped in an enclosed vehicle or completely covered so as to prevent access by the pine shoot beetle.

In addition, the U.S. destination (including county and state) of the restricted articles must be plainly indicated on the articles, or if applicable, on the outer covering, packaging, or container.

From infested or partially infested Canadian Provinces to U.S. infested areas. The accompanying phytosanitary certificate of inspection must specify the Canadian Province where the restricted articles originated, and the Provinces they were moved through. In addition, the U.S. destination (including county and state) of the restricted articles must be plainly indicated on the restricted articles, or if applicable, on the outer covering, packaging, or container.

From infested or partially infested Canadian Provinces to or through U.S. noninfested areas. The accompanying phytosanitary certificate of inspection must specify the Canadian Province where the restricted articles originated, and the Provinces they were moved through. This certificate must also indicate that the restricted articles have been treated with methyl bromide to kill the pine shoot beetle, or alternatively, the phytosanitary certificate must contain one of four additional declarations regarding inspection, etc. (See interim rule for these four declarations.)

If moved through a quarantined area of the U.S., en route to an area(s) in the U.S. that is not quarantined during certain months and temperatures, the restricted articles must be shipped in an enclosed vehicle or completely covered so as to prevent access by the pine shoot beetle.

In addition, the U.S. destination (including county and state) of the restricted articles must be plainly indicated on the restricted articles, or if applicable, on the outer covering, packaging, or container.

Amendments to the Unmanufactured Wood Articles Regulations

General Permit. In addition, this interm rule amends 7 CFR 319.40-3 to indicate that regulated articles of pine (Pinus spp.) that are not completely free of bark from Provinces in Canada that are considered to be infested or partially infested with pine shoot beetle may not be imported under general permit.

Statement of Origin and Movement; Canadian Government Certificate. The interim rule amends 7 CFR 319.40-1 (Definitions) to add a definition of "Statement of origin and movement", to read as follows: "A signed, accurate statement certifying the area or areas where the regulated articles originated and, if applicable, the area or areas they were moved through prior to importation. The statement may be printed directly on the documentation accompanying the shipment of regulated articles, or it may be provided on a separate document. The statement does not require the signature of a public officer of a national plant protection organization; exporters may sign the document."

Cut pine Christmas trees. This interim rule also adds a new paragraph (m) to 7 CFR 319.40-5 to place additional restrictions on the importation from Canada into the United States of "cut pine Christmas trees" (XMAS trees), as follows:

From noninfested Canadian Provinces to all areas of the U.S. Such XMAS trees must be accompanied by a Statement of Origin and Movement that specifies the Canadian Province where the XMAS trees originated, and the Provinces they were moved through. The Statement must also state that these XMAS trees originated in and were moved only through areas of Canada not infested with pine shoot beetle.

In addition, the U.S. destination (including county and state) of the XMAS trees must be plainly indicated on the XMAS trees, or the outer covering or container.

If moved through a quarantined area of the U.S., en route to an area(s) in the U.S. that is not quarantined during certain months and temperatures, the XMAS trees must be shipped in an enclosed vehicle or completely covered so as to prevent access by the pine shoot beetle.

From infested or partially infested Canadian Provinces to U.S. infested areas. Such XMAS trees must be accompanied by a Statement of Origin and Movement that specifies the Canadian Province where the XMAS originated, and the Provinces they were moved through. The Statement must also state the XMAS trees originated in and were moved through a Canadian Province(s) infested or partially infested with pine shoot beetle.

In addition, the U.S. destination (including county and state) of the XMAS trees must be plainly indicated on the XMAS trees, or the outer covering or container.

From infested or partially infested Canadian Provinces to or through U.S. noninfested areas.Such XMAS trees must be accompanied by a certificate [issued by the Canadian government] that specifies the Canadian Province where the XMAS trees originated, and the Provinces it was moved through. The certificate must also indicate that the XMAS trees have been treated with methyl bromide to kill the pine shoot beetle, or alternative, the certificate must contain one of three additional declarations regarding inspection, etc.

If moved through a quarantined area of the U.S., en route to an area(s) in the U.S. that is not quarantined during certain months and temperatures, the restricted articles must be shipped in an enclosed vehicle or completely covered so as to prevent access by the pine shoot beetle.

In addition, the U.S. destination (including county and state) of the XMAS trees must be plainly indicated on the XMAS trees, or the outer covering or container.

Other pine articles. New paragraph (m) to 7 CFR 319.40-5 also contains additional restrictions on the importation from Canada into the United States of other pine articles (other than cut pine Christmas trees) that consist of pine bark, including, but not limited to, chips, nuggets, mulch, and compost, as well as pine products with pine bark attached, including but not limited to logs, lumber, pulpwood, stumps and raw pine materials for wreath and garlands, as follows:

From noninfested Canadian Provinces to all areas of the U.S. Such pine articles must be accompanied by a Statement of Origin and Movement that specifies the Canadian Province where the pine articles originated, and the Province(s) they were moved through. The Statement must also state that these pine articles originated in and were only moved through Provinces of Canada not infested with pine shoot beetle.

In addition, the U.S. destination (including county and state) of the pine articles must be plainly indicated on the pine articles, or if applicable, on the outer covering, packaging, or container.

If moved through a quarantined area of the U.S., en route to an area(s) in the U.S. that is not quarantined during certain months and temperature, the restricted articles must be shipped in an enclosed vehicle or completely covered so as to prevent access by the pine shoot beetle.

From infested or partially infested Canadian Provinces to U.S. infested areas. Such pine articles must be accompanied by a Statement of Origin and Movement that specifies the county or municipal regional county and Province where the pine articles originated, and the counties or municipal regional counties and Provinces they were moved through. The Statement must also state that these pine articles originated in and were moved through Provinces of Canada infested or partially infested with pine shoot beetle.

In addition, the U.S. destination (including county and state) of the pine article must be plainly indicated on the restricted articles, or if applicable, on the outer covering, packaging, or container.

From noninfested areas in partially infested Canadian Provinces to or through U.S. noninfested areas.The regulations states that such pine articles may only be imported into the U.S. if one of two sets of conditions is met, as follows:

1. The accompanying certificate [issued by the Canadian government] must specify the county or municipal regional county and Province where the restricted article originated, and the counties or municipal regional counties and Provinces they were moved through. The certificate must also contain a declaration stating that the articles originated in and were moved only through areas where pine shoot beetle is not present.

In addition, the U.S. destination (including county and state) of such pine articles must be plainly indicated on the pine articles, or if applicable, on the outer covering, packaging, or container. If moved through a quarantined area of the U.S., en route to an area(s) in the U.S. that is not quarantined during certain months and temperatures, the pine articles must be shipped in an enclosed vehicle or completely covered so as to prevent access by the pine shoot beetle; or

2. The pine articles are consigned to a designated U.S. facility that operates under a compliance agreement with APHIS for specified handling or processing of the articles. The name and address of the U.S. facility (including county and state) receiving the regulated articles must be plainly indicated on the articles, or if applicable, on the outer covering, packaging, or container.

If moved through a quarantined area of the U.S., en route to an area(s) in the U.S. that is not quarantined during certain months and temperatures, the pine articles must be shipped in an enclosed vehicle or completely covered so as to prevent access by the pine shoot beetle.

From infested Canadian Provinces or infested areas of partially infested Provinces to or through U.S. noninfested areas.The regulations state that such pine articles may only be imported into the U.S. if one of six sets of conditions is met. (See regulations for details of each of the six.)

(The interim rule is also updating the definition of "restricted article" in 7 CFR 319.37-1 to delete an exclusion for certain 7 CFR Part 321 potatoes and modify the regulations cited for other exclusions that remain in place.)

In addition, 7 CFR 319.40-2(f) is amended to indicate that cut trees (e.g. Christmas trees) imported from Canada are subject to the inspection and certification requirements of the Gypsy Moth regulations in 7 CFR 319.77-4.

And lastly, footnote 1 of 7 CFR 319.77-4 is amended to indicate that trees and shrubs from Canada that are capable of propagation may be subject to additional restrictions under "Subpart - Logs, Lumber and Other Unmanufactured Wood Articles (319.40-1 through 319.40-11)."

- Written comments on interim rule due by December 20, 2004

APHIS contact: Fred Thomas (301) 734-8367

APHIS interim rule (D/N 00-073-2, FR Pub 10/20/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-22220.pdf