APHIS Final Rule Allows Importation of Additional Fruits & Vegetables, Etc
The Animal and Plant Health Inspection Service (APHIS) has issued a final rule, effective December 10, 2004, to amend its regulations at 7 CFR 319.56 on the importation of fruits and vegetables in order to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the U.S.
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APHIS explains that all of the fruits and vegetables, as a condition of entry, will be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables will be required to meet other special conditions.
APHIS adds that it is also recognizing Peru as free from the South American cucurbit fly.
Specified Fruits and Vegetables from Certain Countries May be Imported
APHIS has amended 7 CFR 319.56-2t to allow the entry into the U.S. of certain fruits and vegetables from specified countries. In addition to listing fruit/vegetable and country combinations, the table at 7 CFR 319.56-2t also lists the Latin name of the plant, the parts of the plant that may be imported, and references to certain restrictions imposed on the fruit/vegetable's importation and distribution in the U.S., etc. The fruits and vegetables that are being added to this paragraph are:
African horned cucumber from Chile into continental U.S. only
Annona spp. from Grenada (which include cherimoya, soursop, custard apple, sugar apple, and atemoya), commercial fruit shipments only
Coconut fruit with milk and husk from Mexico, under certain conditions; and
Pitaya from Mexico, under certain conditions
According to APHIS, it is amending other sections of 7 CFR 319.56 to allow the entry/import of the following fruits and vegetables in accordance with the specified conditions described below:
Watermelon & certain melon from Peru. The final rule modifies 7 CFR 319.56-2y to allow the entry of commercial shipments of watermelon and several varieties of melon (e.g., cantaloupe, netted melon, etc.) into the U.S. from Peru, which have to be grown in areas of Peru recognized by APHIS to be free of the South American cucurbit fly and meet certain other requirements.
Watermelon, and certain squash, cucumber & oriental melon from South Korea. According to APHIS, it is allowing watermelon, certain squash, certain cucumber, and certain oriental melon to be imported into the U.S. from the Republic of Korea under certain conditions, which are set forth in proposed 7 CFR 319.56-2aa. In the final rule, APHIS has also made changes to the trapping requirements at 7 CFR 319.56-2aa(c) to state that McPhail traps (or a similar type with a protein bait that has been approved for the pests of concern) must be used in greenhouses. See final rule for details of other applicable requirements.
Grapes from South Korea. APHIS states that it is allowing the importation of grapes (Vitis spp.) into the U.S. from the Republic of Korea under certain conditions that are contained in new 7 CFR 319.56-2ll.
Final Rule Updates and Clarifies 7 CFR 319.56
APHIS states that it is also making a number of changes to 7 CFR 319.56 in order to update the regulations to reflect current practice or to reorganize the regulations to improve their clarity, as follows (see final rule for Latin names, if applicable):
Definition of "country of origin" added. APHIS states that because the term "country of origin" is not defined in the regulations, it is now defining "country of origin" in 7 CFR 319.56-1 as the "Country where the plants from which the plant products are derived were grown."
Certain fruits and vegetables from Mexico.APHIS states that it is updating 7 CFR 319.56-2t to list the following fruits and vegetables from Mexico:
| Allium | Coconut fruit (w/o husk) |
| Asparagus | Curcurbits |
| Bananas | Eggplant |
| Beet | Grape |
| Carrot | Jicama |
APHIS has previously noted that these above-listed fruits and vegetables from Mexico, which APHIS states it has determined meet certain criteria, have been imported into the U.S. from Mexico under permit since before 1992.
Other amendments to update, clarify regulations. According to APHIS, it is also making other amendments to 7 CFR 319.56 to update and clarify the regulations and improve their effectiveness.
(See ITT's Online Archives or 01/22/04 news, 04012220, for BP summary of the proposed rule.)
APHIS Contact - Karen Bedigian (301) 734-4382
APHIS Final Rule (D/N 02-106-2, FR Pub 11/10/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-25042.pdf