APHIS Final Rule Removes "Flag Smut" Ban on Wheat Imports from Specific Countries
The Animal and Plant Health Inspection Service (APHIS) has issued a final rule, effective December 28, 2005, that amends 7 CFR Part 319 regarding the importation of wheat and related articles by removing the prohibitions related to foreign strains of flag smut (flag smut) for a specific country or locality (country), if a risk evaluation indicates that such wheat and related articles from that country would not introduce other plant pests.
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APHIS states that a risk evaluation is necessary because its previous flag-smut-based prohibitions had precluded the entry into the U.S. of wheat and related articles from affected countries, so there has not been a need or opportunity for APHIS to assess the phytosanitary situation in those countries to determine whether or not there may be other pests of wheat and related articles present there.
(APHIS has previously stated that flag smut is a plant disease caused by a highly infective fungus, Urocystis agropyri, which attacks wheat and substantially reduces its yield. However, APHIS notes that unlike other bunts and smuts of wheat, flag smut does not affect the quality of the harvested grain for feed or flour.)
Final Rule Lifts General Import Prohibition for Specific Country if APHIS Evaluation Finds No Other Pest Risks
APHIS' final rule amends 7 CFR 319.59-3 in order to remove the flag smut-based prohibition on the importation of wheat and related articles1 from a specific country,2 if the national plant protection organization (NPPO) of that country requests an APHIS risk evaluation of other potential pest risks, and the APHIS evaluation supports such removal.
In addition, APHIS' final rule removes the definition of "foreign strains of flag smut" from 7 CFR 319.59-1. The final rule also amends 7 CFR 319.59-2, which concerns exceptions to the general import prohibitions, in order to remove references to foreign strains of flag smut, and insert a reference to articles listed as prohibited importation pending risk evaluation.
1 Prior to this final rule, APHIS' regulations prohibited the importation of the following articles of Triticum spp. (wheat) or Aegilops spp. (barb goatgrass, goatgrass): seeds; plants; certain straw; chaff; and products of the milling process other than flour. The regulations also prohibit the importation of seeds of Melilotus indica (annual yellow sweetclover) and seeds of any other field crops that have been separated from wheat during the screening process.
2 The list of flag smut prohibited countries and localities that can request an APHIS risk evaluation are: Afghanistan, Algeria, Armenia, Australia, Azerbaijan, Bangladesh, Belarus, Bulgaria, Chile, China, Cyprus, Egypt, Estonia, Falkland Islands, Georgia, Greece, Guatemala, Hungary, India, Iran, Iraq, Israel, Italy, Japan, Kazakhstan, Kyrgyzstan, Latvia, Libya, Lithuania, Moldova, Morocco, Nepal, North Korea, Oman, Pakistan, Portugal, Romania, Russia, Spain, Tajikistan, Tanzania, Tunisia, Turkey, Turkmenistan, South Africa, South Korea, Ukraine, Uzbekistan, and Venezuela.
(See ITT's Online Archives or 06/06/05 news, 05060620, for BP summary of the proposed version of this rule, which this final rule adopted without change.)
APHIS Contact - Shirley Wager-Page (301) 734-8453
APHIS Final Rule (D/N 02-058-3, FR Pub 11/28/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-23329.pdf