APHIS Issues Final Rule to Liberalize Mexican Hass Avocado Import Program, Etc
The Animal and Plant Health Inspection Service (APHIS) has issued a final rule, effective January 31, 2005, that amends 7 CFR Part 319 in order to, among other things, expand the number of states in which fresh Hass avocado fruit (Persea americana) grown in approved orchards in approved municipalities in Michoacan, Mexico may be distributed.
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APHIS states that it is issuing this final rule in response to a request from the Government of Mexico and based on its finding that the phytosanitary measures described in this final rule will reduce the risk of introducing plant pests associated with Mexican Hass avocados into the U.S.
Highlights of APHIS' Final Rule on Mexican Hass Avocado Import Program
The following are highlights of APHIS' final rule (partial list):
Expanded distribution to additional 16 states, etc. Under the final rule, such avocados may be distributed in the District of Columbia and all states except California, Florida, and Hawaii. After two years, such avocados may additionally be distributed in California, Florida, and Hawaii.
(Currently, the regulations limit the distribution of such avocados to 31 states and the District of Columbia.)
Year round distribution. This final rule allows the distribution of such avocados during all months of the year (currently such distribution is limited to October 15 through April 15 only).
Movement prohibitions continue for CA, FL, & HI for 2 Years. This final rule continues to prohibit the movement of such avocados into or through California, Florida, and Hawaii for the term of the 2-year delay in distribution to those states.
Seal requirement retained. This final rule retains the requirement that, prior to leaving the packinghouse, the truck or container transporting the subject avocados must be secured with a seal that will be broken when the truck or container is opened.
Semiannual surveys of Mexican municipalities required. This final rule requires that a municipality be surveyed by personnel from the Mexican national plant protection organization (NPPO) or from the Michoacan State delegate of the Mexican NPPO at least semiannually and found to be free from certain weevils and a certain moth.
(Currently, the regulations require that a municipality be surveyed at least annually by personnel from Sanidad Vegetal or from the Michoacan State delegate of the Secretaria de Agricultura, Ganaderia y Desarrollo Rural (SAGDR).)
Biometric sampling. This final rule requires that 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.
Compliance agreement provisions removed. This final rule removes certain compliance agreement provisions that were intended to ensure that distributors and handlers of such avocados were familiar with the distribution restrictions and other requirements of the regulations.
Other changes. This final rule also makes other changes to 7 CFR Part 319, which include: replacing references to "Sanidad Vegetal" with "Mexican NPPO," replacing certain references to "shipment(s)" with "consignment(s)," etc.
(The Mexican Hass avocado import program continues to require that fresh Hass variety avocados be imported from Michoacan, Mexico into the U.S. under a permit issued in accordance with 7 CFR 319.56-3 and only in commercial shipments.)
(See ITT's Online Archives or 05/26/04 and 06/28/04 news, 04052630 and 04062899 5, for BP summaries of the proposed rule and a correction.)
APHIS contact - Karen Bedigian (301) 734-6799
APHIS final rule (D/N 03-022-5, FR Pub 11/30/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-26336.pdf