APHIS Final Rule Amends Regulations on the Importation of Fruits and Vegetables

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

Definition of "Port of First Arrival" Amended

APHIS is amending 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 definition previously stated: '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,' which APHIS states was too specific, thus affecting its usefulness.)

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

APHIS is also adding 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.'

The final rule also adds 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.'

Safeguarding Fruit or Vegetables Transiting Areas that Are Not Pest-Free

APHIS is amending 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.

Blueberries from Colombia

In this final rule, APHIS has added blueberries from Colombia to 7 CFR 319.56-2x so that they may be imported into the U.S. as a commodity enterable with treatment. (APHIS had originally proposed that blueberries from Colombia be added to 7 CFR 319.56-2t, which lists fruits and vegetables that do not require treatment as a condition of entry. Prior to this final rule, blueberries from Colombia were not eligible for entry.)

Papayas from Areas in Brazil & Nicaragua, Etc.

APHIS is adding 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 adding 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 lowering 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 amending 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 (as an alternative to cold treatment) to treat such fruits for certain fruit flies.

Patagonia Region in Argentina Recognized as Free of Certain Fruit Flies

APHIS is amending 7 CFR 319.56-2(j) to reflect that the Patagonia region of Argentina is free of Mediterranean fruit fly (Medfly, Ceratitis capitata) and the Anastrepha spp. fruit fly, and may be imported from these areas without treatment for the specified pests.

Add'l "2t-List" Fruits/Vegetables Not Requiring Treatment as a Condition of Entry

APHIS is adding a number of fruits and vegetables from various countries, which are currently eligible for importation under permit, to the list in 7 CFR 319.56-2t ("2t-List") which do not require treatment in the foreign country as a condition of entry.

(In the proposed rule, APHIS explained 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, any additional "2t"-listed requirements (e.g. a phytosanitary certificate or additional declaration) for the specific fruit/vegetable, and all other applicable requirements of the regulations.)

Group 1. The first group of 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 a prior APHIS' editing decision.

APHIS has also added a new paragraph (b)(6) to 7 CFR 319.56-2t in order to address specific restrictions currently applicable to certain of these newly added Group 1 fruits and vegetables.

Group 2. The second group of 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 fruit fly-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 fruit fly-free area, APHIS is adding these same fruits to the list in 7 CFR 319.56-2x ("2x-List") in order to provide that such fruits may be imported into the U.S., provided that they are treated in accordance with 7 CFR Part 305.

(APHIS notes that since the proposed rule was published, it has moved treatment schedules out of the PPQ Treatment Manual and into the regulations in 7 CFR Part 305. Therefore, where the proposed rule would have added a reference to the PPQ Treatment Manual, this final rule adds a reference to 7 CFR Part 305.)

APHIS also notes that it has replaced the previously used term of "Medfly-free area" with "fruit fly-free areas" because this final rule has listed areas of Argentina that are free of both Medfly and Anastrepha spp. Fruit flies.)

Group 3. The third group of 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 has removed a reference to "Union of Soviet Socialist Republics" and replaced 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.

APHIS Delays Finalizing Provisions on Import of Untreated Citrus from Mexico

APHIS had proposed to create a new 7 CFR 319.56-2nn 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. for processing without treatment provided they were grown, shipped, handled, and processed under certain conditions.

However, several commenters raised concerns regarding this proposal. As such, APHIS is not finalizing the provisions regarding the importation of untreated citrus from Mexico into the U.S. for processing in this final rule. APHIS states that it will issued another document in the Federal Register in the future regarding such importation.

APHIS Continues Treatment Requirement for Blueberries from Argentina, Bolivia, Ecuador, and Peru

APHIS has decided not to finalize its proposal to remove the methyl bromide or irradiation treatment requirement for blueberries from Argentina, Bolivia, Ecuador, and Peru by moving these countries from the "2x-List" to the "2t-List.". APHIS notes that it received a number of comments indicating there is a credible threat that blueberries are host materials for the Mediterranean fruit fly in South America.

(See final rule for information on additional amendments. See ITT's Online Archives or 04/11/05 news 05041120, for BP summary of the proposed rule.)

APHIS contact - Donna West (301) 734-8758

APHIS final rule (D/N 03-048-2, FR Pub 12/08/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-23790.pdf