APHIS Proposes Rule to Establish Process for "Special Need Requests" by States for Restrictions on the Interstate Movement of Plants, Etc.
The Animal and Health Inspection Service (APHIS) has issued a proposed rule to amend its domestic quarantine regulations in 7 CFR Part 301 in order to establish a process by which a State or political subdivision of a State could request approval to impose prohibitions or restrictions on the movement in interstate commerce of specific articles, that are in addition to the prohibitions and restrictions imposed by APHIS.
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According to APHIS, the Plant Protection Act (PPA) provides that States or political subdivisions of States may make such special need requests; however, there are currently no procedures in place for their submission or consideration. This action would establish a process by which States may make a special need request.
States Could Request Permission to Impose Restrictions/Prohibitions
Specifically, the proposed rule would add a new Subpart to 7 CFR Part 301, entitled 'Special Need Requests' (sections 301.1 - 301.1-3) in order to provide for the submission and consideration of special need requests when a State or a political subdivision of a State seeks to impose prohibitions or restrictions (that are in addition to the prohibitions or restrictions imposed by Part 301 or by a Federal Order) on the movement in interstate commerce of:
| - articles- means of conveyance- plants- plant products |
According to APHIS, these additional State-imposed restrictions or prohibitions would only be available if the prohibitions or restrictions issued by the State or political subdivision of a State were consistent with and would not exceed USDA regulations or orders, or if the State or political subdivision of a State demonstrates, and the USDA finds, that there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment.
- written comments on this proposed rule are due by June 5, 2006
APHIS contact: James Writer (301) 734-7121
APHIS proposed rule (D/N APHIS-2005-0103), FR Pub 04/04/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-4840.pdf