APHIS Proposes to Amend its Regulations on the Importation of Fruits and Vegetables

The following are "highlights" of APHIS' proposed rule:

Definition of "Port of First Arrival" Would Be Amended

APHIS is proposing to amend the definition of "port of first arrival" in 7 CFR 319.56-1 to state: 'the first point of entry into the U.S. where the consignment is offered for entry.'

(The current definition states: 'the first port within the U.S. where the shipment is (1) offered for consumption entry or (2) offered for entry for immediate transportation (IT) in bond.')

Definitions for "Import and Importation" and "United States" Would Be Added

APHIS is proposing to add to 7 CFR 319.56-1 a definition for "import and importation," as follows: 'to move into, or the act of movement into, the territorial limits of the U.S.'

APHIS is also proposing to add a definition for "United States" to 7 CFR 319.56-1 which would state: 'all of the States of the U.S., the Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the U.S., and any other territory or possession of the U.S.'

Movement of Fruit or Vegetables through Areas that Are Not Pest-Free

APHIS is proposing to amend 7 CFR 319.56-2(g) to require that each box of fruits or vegetables from areas determined to be free of quarantine pests be safeguarded from infestation while in transit to the U.S. through other areas that have not been designated free of those pests.

Certain Untreated Citrus from Mexico Would Be Allowed to Be Imported

In response to a request from Mexico, APHIS is proposing to allow grapefruit (Citrus paradisi), sweet oranges (Citrus sinensis), and tangerines (Citrus reticulata) from areas of Mexico where certain fruit flies occur to be imported into the U.S. without treatment provided they are grown, shipped, handled, and processed under certain conditions which would be set forth in a proposed new 7 CFR 319.56-2nn (e.g., the citrus would have to enter the U.S. through a port of entry located in one of the Texas counties listed in 7 CFR 301.64-3(c), etc.).

Blueberries from Colombia Would Be Allowed to Be Imported, Etc.

APHIS is proposing to remove the methyl bromide or irradiation treatment requirement for blueberries from Argentina, Bolivia, Ecuador, and Peru by removing these countries from 7 CFR 319.56-2x and adding them to 7 CFR 319.56-2t, which lists fruits and vegetables that do not require treatment as a condition of entry.

In addition, APHIS is proposing to add blueberries from Colombia to 7 CFR 319.56-2t so that they may be imported into the U.S. APHIS states that unlike blueberries from Argentina, Bolivia, Ecuador, and Peru, blueberries from Colombia have not previously been eligible for entry. (APHIS notes that it has prepared a pest risk assessment that is availablefrom the APHIS contact listed below.)

Papayas from Areas in Brazil & Nicaragua, Etc.

APHIS is proposing to add portions of the States of Bahia and Rio Grande del Norte to the list in 7 CFR 319.56-2w(a)(1) of areas in Brazil approved to export papayas to the U.S. In addition, APHIS is proposing to add the Department of Leon to the list in 7 CFR 319.56-2w(a)(6) of areas in Nicaragua approved to export papayas to the U.S.

In response to a request by Brazil, APHIS is proposing to lower the required temperature of the hot water treatment for papayas in 7 CFR 319.56-2w(c) from 49C to 48C.

Apples, Pears, and/or Citrus from Australia & New Zealand

APHIS is proposing to amend 7 CFR 319.56-2j regarding the importation of apples and pears from Australia (including Tasmania) and New Zealand and 7 CFR 319.56-2v regarding the importation of citrus from Australia to explicitly cite the availability of the irradiation option to treat such fruits for certain fruit flies/seed weevils.

Patagonia Region in Argentina Would Be Recognized as Free of MedFly

APHIS is proposing to amend 7 CFR 319.56-2(j) to state that the Patagonia region of Argentina is free of Mediterranean fruit fly (Medfly, Ceratitis capitata).

Certain Other Fruits/Vegetables from Various Countries

APHIS is also proposing to add a number of fruits and vegetables, which are currently eligible for importation under permit, to the list in 7 CFR 319.56-2t ("2t-List"):

(APHIS states that the "2t-List" lists fruits and vegetables (including their country of origin and common and botanical name) that may be imported into the U.S. in accordance with the inspection and disinfection requirements of 7 CFR 319.56-6 and all other applicable requirements of the regulations.)

Group 1. The first group of proposed additions to the "2t-List" is a large number of fruits and vegetables from certain countries that meet the criteria of 7 CFR 319.56-2(e)(4) (i.e., they are from areas that are free from certain quarantine pests) and have been imported into the U.S. under permit since before 1992, but were not listed in the regulations due to APHIS' prior policy.

APHIS states that any additional conditions would continue to apply. APHIS is also proposing to add a new paragraph (b)(6) to 7 CFR 319.56-2t in order to address specific restrictions currently applicable only to certain types or varieties in Group 1.

Group 2. The second group of proposed additions to the "2t-List" consists of certain fruits from Argentina and Chile (that are currently eligible for entry under permit) which were grown in a recognized Medfly-free area, and are accompanied by a phytosanitary certificate issued by the National Plant Protection Organization (NPPO).

To address those cases where these Group 2 fruits are grown outside a Medfly-free area, APHIS is proposing to add such fruits to the list in 7 CFR 319.56-2x in order to provide that such fruits may be imported into the U.S., provided that they are treated in accordance with the Plant Protection and Quarantine (PPQ) Treatment Manual or irradiated in accordance with 7 CFR 305.2.

Group 3. The third group of proposed additions to the "2t-List" consists of papayas and pineapples from various countries (that are currently enterable under permit) with the condition that the cartons containing such fruit state "not for distribution in Hawaii."

Field-Grown Grapes from Former Soviet Republics

APHIS is proposing to remove a reference to "Union of Soviet Socialist Republics" and replace it with the 15 successor states (i.e., Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Republic of Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan) in 7 CFR 319.56-2k(a), which concerns the fumigation of field-grown grapes from certain countries.

(See proposed rule for other proposed changes to APHIS' fruit/vegetable regulations.)

- comments must be received on or before May 31, 2005

APHIS contact - Donna West (301) 734-8758

APHIS proposed rule (D/N 03-048-1, FR Pub 03/31/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-6269.pdf