APHIS Proposes Significant Revision of its Fruit & Vegetables Import Regulations, Etc. (Part V - Final - Changes to Commodity-Specific Provisions)

This is Part V, the final part of a multipart series of summaries on this proposed rule. Part V provides information on proposed additional requirements for certain fruits and vegetables and discusses the removal and retention of certain commodities-specific provisions in 7 CFR 319.56-20 through 319-56-40.

Regulations for Commodities Subject to Measures Beyond Inspection, Treatment

As previously noted, under APHIS' proposed rule, most fruits and vegetables requiring inspection and/or treatment and other universal requirements would no longer be listed in the regulations. However, some commodities listed in current 7 CFR 319.56-2g, 319.56-2t and 319.56-2x, as well as some commodities not listed in the regulations but that are allowed importation under permit in accordance with 7 CFR 319.56-2(e), are allowed importation subject to additional measures beyond inspection and treatment. APHIS is proposing to list those commodities, and any requirements that apply to their importation beyond the general requirements of 7 CFR 319.56-3, in 7 CFR 319.56-13. Such commodities would remain subject to the same restrictions that currently apply to their importation.

APHIS directs interested parties to proposed 7 CFR 319.56-13 for a list of commodities and applicable requirements. APHIS notes that authorization of additional commodities subject to any of these additional measures or measures other than the "designated measures" described earlier in this document would continue to require prior specific rulemaking.

Retention of Certain Commodity-Specific Requirements in Regulations

According to APHIS, 7 CFR 319.56-2a through 319.56-2oo contain restrictions on the importation of specific commodities. While a number of these provisions would be removed under the proposed rule, all or part of the following sections of 7 CFR for the below-described commodities would be retained.

APHIS explains that some or all of the provisions contained in the sections listed below would be relocated to new sections of the proposed regulations.

In certain cases, APHIS is proposing to amend the text to make the regulations easier to understand, to correct errors, or to update them to reflect current APHIS operating procedures (see section entitled "proposed substantive revisions"). None of these changes would represent significant changes in import policy.

In other cases, APHIS would make no revisions to the actual content of the sections, but simply change paragraph and section designations (see section entitled "proposed paragraph and section designation").

Proposed substantive regulatory revisions for the following fruits and vegetables:

1. .56-2p:okra from Mexico, the West Indies, and certain countries in South America. In addition to relocating this provision, APHIS would revise this section to bring its okra import regulations up to date with current practice and would make the import provisions equivalent to APHIS' domestic regulations pertaining to the pink bollworm.
2. .56-2s: apricots, nectarines, peaches, plumcot, and plums from Chile. In addition to relocating this provision, APHIS would update this section ensure that the regulations reflect current APHIS operating practices regarding biotmetric sampling of fruit.
3. .56-2dd: tomatoes. In addition to relocating this provision, APHIS would amend a provision pertaining to trust fund agreements, would require tomatoes to be safeguarded from the time of harvest through export by insect-proof mesh screens or plastic tarpaulins, including while in transit to the packing house and while awaiting packaging. APHIS would also require tomatoes to be packed in insect-proof cartons or containers, or covered by inspect-proof mesh or plastic tarpaulins during transit to the airport and subsequent export to the U.S. The current regulations only require fruit fly-proof packaging and containers, not insect-proof.

Proposed non-substantive paragraph and section designation regulatory changes for the following fruits and vegetables:

1. .56-2j:apples and pears from Australia (including Tasmania) and New Zealand;
2. .56-2r: apples and pears from certain countries in Europe;
3. .56-2u: lettuce and peppers from Israel;
4. .56-2w: papayas from Central America and Brazil;
5. .56-2y: melon and watermelon from certain countries in South America;
6. .56-2aa: watermelon, squash, cucumber, and oriental melon from the Republic of Korea;
7. .56-2cc: Fuji variety apples from Japan and the Republic of Korea;
8. .56-2ee: Ya variety pears from China;
9. .56-2ff: Hass avocados from Michoacan, Mexico, to approved States;
10. .56-2gg: peppers from Spain;
11. .56-2hh: peppers from New Zealand;
12. .56-2ii: mangoes from the Philippines;
13. .56-2jj: clementines from Spain;
14. .56-2kk: persimmons from Republic of Korea.
15. .56-2ll: grapes from the Republic of Korea;
16. .56-2mm: clementines, mandarins, and tangerines from Chile.
17. .56-2nn: fragrant pears from China; and
18. .56-2oo: peppers from certain Central American countries.

(See ITT's Online Archives or 05/12/06, 05/16/06, 05/22/06, and 05/24/06 news, 06051215, 06051625, 06052235, and 06052425, for Parts I-IV of BP summary of this proposed rule.)

APHIS Proposed Rule (D/N APHIS-2005-0106, FR Pub 04/27/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-3897.pdf