APHIS Proposes Significant Revision of its Fruit & Vegetables Import Regulations, Etc. (Part IV - Commercial Shipments Designation, Pest-Free Status, Etc.)

This is Part IV of a multipart series of summaries on this proposed rule. Part IV provides information on the proposed changes to the process for recognizing foreign areas as pest-free, a designation for commercial shipments, etc. See future issues of ITT for additional summaries.

Highlights of Additional Proposed Changes to the Fruits & Vegetables Regulations

The following are highlights of additional changes to the fruits and vegetables regulations that APHIS is now proposing:

Proposed 'commercial shipments only' designation. APHIS is inviting comments on whether it should add "commercial shipments only" as a fifth designated measure under the proposed regulations in 7 CFR 319.56-4 (Approval of certain fruits and vegetables for importation). APHIS explains that pest risk analyses for the importation of new commodities only considers the risks posed by commercially produced and shipped fruit and non-commercial shipments may pose an entirely different risk. Currently, many fruits and vegetables may only be imported in commercial shipments for this reason.

(See ITT's Online Archives or 05/22/06 news, 06052235, for BP summary of the other four proposed designated measures for shipments under the proposed notice-based approval process.)

More responsive recognition of changes in pest-free status. APHIS is also proposing to establish criteria which would allow it to be more responsive in recognizing changes in the pest-free status of foreign areas. Proposed 7 CFR 319.56-5 calls for APHIS to publish a Federal Register notice with a 60 public comment period when it is provided with evidence that the pest-free status of a foreign area has changed. The notice would make available copies of information showing that the area in question meets the current criteria for pest-free status.

If public comments submitted to APHIS provide evidence that its determination of pest-freedom is incorrect, APHIS would announce in a subsequent Federal Register notice that the status of the area in question has changed. APHIS notes that a comprehensive list of pest-free areas would continue to be available on the internet, but no such list would be included in the regulations.

Proposed process for de-certifying pest-free areas. APHIS is also proposing to add a new 7 CFR 319.56-5 regarding how it would acknowledge the decertification of pest-free areas. In the event of a pest infestation in such an area, APHIS would issue a Federal Register notice announcing that the pest-free status of the area has been withdrawn, and that imports of host crops would either be subject to an approved treatment or would be prohibited for importation if no such treatment is available.

Consolidation of regulations for fruits & vegetable from pest-free areas. APHIS is also proposing to consolidate existing restrictions on fruits and vegetables imported from pest-free areas into 7 CFR 319.56-5, including requirements for labeling of such fruits and vegetables which are currently contained in 7 CFR 319.56-2(g). In addition, APHIS would clarify the existing requirement that the imported fruits and vegetables would have to be accompanied by a phytosanitary certificate bearing an additional declaration that the items originated in a pest-free area that meets the requirements of 7 CFR 319.56-5(a) and (b).

Requirements for moving fruits and vegetables from a pest-free area through non-free areas. APHIS would clarify and strengthen the current requirements in 7 CFR 319.56-2(g) concerning the safeguarding of fruits and vegetables that are imported from pest-free areas. APHIS would require that such items moved from a pest-free area into or through a non-free area be safeguarded during the time they are present in a non-free area by insect-proof mesh screens or plastic tarpaulins including while in transit to the packing house and while awaiting packaging. APHIS is proposing additional requirements that such fruits and vegetable be packed in insect-proof cartons or containers or be covered by inspect-proof mesh or plastic tarpaulins during transit to the port and subsequent export to the U.S.

Consolidation of import requirements for U.S. territories. APHIS is proposing to simplify the regulations by consolidating all territorial import requirements into one section, proposed 7 CFR 319.56-7. The requirements pertaining to Guam would be contained in proposed 7 CFR 319.56-7(b) and requirements pertaining to the U.S. Virgin Islands would be contained in proposed 7 CFR 319.56-7(c). In conjunction with these changes, APHIS is proposing to amend the existing territorial import requirements to update place names, to reflect changes in political associations, and to update import conditions based on changes in pest prevalence in exporting countries.

Exceptions to import provisions for dried, cured, or processed fruits vegetables, and nuts - proposed change for coconuts, macadamia nuts. Under current 7 CFR 319.56-2, dried, cured, or processed fruits, vegetables, nuts, and legumes are allowed importation into the U.S. without a permit or phytosanitary certificate, unless the regulations specifically provide otherwise. Exceptions are contained in 7 CFR 319.56-2a and 319.56-2b. Under the proposed regulations, the provisions regarding importation of coconuts into Guam from the Trust Territory would be removed, and the remaining exceptions would be moved to proposed 7 CFR 319.56-11.

The provisions regarding exceptions would also be reorganized and simplified. Enforceable provisions would remain unchanged, except that APHIS would add a new provision prohibiting the importation of macadamia nuts in the husk or shell from all countries or regions, except from St. Eustatius, which is consistent with current APHIS policy on the importation of macadamia nuts and is necessary to protect against the introduction of exotic pests associated with macadamia nuts from foreign countries or regions other than St. Eustatius. Any imports of macadamia nuts in the husk or shell from other countries or regions would be contingent on the findings of pest risk analysis.

(See ITT's Online Archives or 05/12/06, 05/16/06, and 05/22/06 news, 06051215, 06051625 and 06052235, for Parts I-III of BP summary of this proposed rule.)

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