APHIS Proposes Significant Revision of its Fruit & Vegetables Import Regulations, Etc. (Part II - Relocation of Treatment Schedules, Etc.)

This is Part II of a multipart series of summaries on this proposed rule. Part II provides information on the proposed relocation of certain treatment schedules and definitions, among other things. See future issues of ITT for additional summaries.

APHIS Proposes Treatment Schedules to be in 7 Part 305 Only

Treatments for fruits & vegetables would only be in 7 CFR Part 305. In this proposed rule, APHIS would remove all treatment schedules contained in the fruits and vegetables regulations and treatment of such items would be conducted in accordance with 7 CFR Part 305, which was recently amended to contain all treatment schedules for imported fruits and vegetables and other requirements for certifying facilities and conducting treatments.

Cold treatment, irradiation, and methyl bromide treatment regulations also moved to 7 CFR Part 305. Among other things, APHIS is also proposing to move to 7 CFR 305.15 the provisions currently contained in 7 CFR 319.56-2d, on the importation of cold treated fruits and vegetables.

APHIS is also proposing to remove 7 CFR 319.56-2(k) regarding the use of irradiation, as the use of that treatment is covered under 7 CFR Part 305.

In addition, 7 CFR 319.56-2n, which covers certain fumigation with methyl bromide as an approved treatment for the Medfly, the oriental fruit fly, and the grape vine moth, and for certain pests of grapes and other fruit from Chile would also be removed since its provisions would remain in force under other sections in the revised regulations.

APHIS Proposes to Clarify Monitoring and Certification Requirements

APHIS also proposes to remove from the fruits and vegetables regulations certain provisions requiring treatments to be monitored by an inspector. Such requirements would be consolidated into one new section 7 CFR 305.3 ("monitoring and certification of treatments"), which would require that all treatments approved under 7 CFR Part 305 be subject to monitoring and verification by APHIS. (APHIS notes that this change would not represent a change in program operations.)

In addition, APHIS would add provisions to 7 CFR 305.3 to make clear the existing requirement that any approved treatment listed in 7 CFR Part 305 that is performed outside the U.S. must be monitored and certified by APHIS or an official from the plant protection service of the exporting country.

APHIS would also clarify the current requirement that all consignments of agricultural commodities that are treated outside the U.S. to be accompanied by a phytosanitary certificate issued by an official of the plant protection service of the exporting country certifying that treatment was applied in accordance with APHIS regulations.

APHIS would require that the phytosanitary certificate be provided to it when the commodity is offered for entry into the U.S. It would also require that the commodities must be stored and handled during the entire interval between treatment and export in a manner that prevents any infestation by plant pests and noxious weeds.

APHIS states that these changes are necessary to ensure commodities are treated in accordance with APHIS requirements and to help ensure that they arrive in the U.S. free of quarantine pests.

APHIS Proposes to Add, Remove, and Replace Certain Definitions

APHIS' proposed rule would add definitions for: "commodity," "consignment," "lot," "national plant protection organization," "phytosanitary certificate," and "phytosanitary measure."

In addition, the proposed rule would remove definitions for: "general written permit" and "specific written permit."

APHIS is also proposing to replace the current definitions for "commercial shipment" with a definition for "commercial consignment". A definition of "noncommercial consignment" would also be added.

(See ITT's Online Archives or 05/12/06 news, 06051215, for Part I.)

APHIS Proposed Rule (D/N APHIS-2005-0106, FR Pub 04/27/06) available at

http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-3897.pdf