APHIS Final Rule Amends Regulations on Importation of Certain Fruits and Vegetables (Part I)

According to APHIS, this final rule provides the U.S. with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through imported fruits and vegetables.

APHIS states that some of these fruits and vegetables are already eligible for importation under permit, but are not specifically listed in the regulations. All of the fruits and vegetables, as a condition of entry, will be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables will be required to meet other special conditions.

This is Part I of a two-part series of summaries on APHIS' final rule. See future issue of ITT for additional summary of other fruits and vegetables affected by this final rule.

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

2(c): Onion, Garlic, Leek, Shallots from Canada

APHIS amends 7 CFR 319.56-2(c) (general permit for fruits and vegetables grown in Canada) in order to add the requirement that consignments of Allium spp. (i.e., onions, shallots, leeks, and garlic) consisting of the whole plant or above ground parts be accompanied by a phytosanitary certificate issued by the national plant protection organization (NPPO) of Canada with an additional declaration stating that the articles are free from the leek moth (Acrolepipsis assectella (Zeller)).

2t: Grapefruit, Lemon, Orange, Tangelo, Cichorium, and Eggplant from Various Countries

APHIS amends 7 CFR 319.56-2t(a), which lists fruits and vegetables that may be imported into the U.S. in accordance with 7 CFR 319.56-6 (Inspection and other requirements at the port of first arrival) and all other applicable requirements of the regulations, in order to include the following additional fruits and vegetables from certain countries (Certain of these fruits and vegetables have additional requirements added to 7 CFR 319.56-2t(b); see final rule for details.):

• Bahamas: Grapefruit, Lemon, Orange, and Tangelo¹;
• Belize: Cichorium and Eggplant¹
• Brazil, Chile, and Colombia: Cichorium¹
• Costa Rica: Cichorium and Eggplant¹
• Guatemala: Cichorium¹
• Honduras: Eggplant¹
• El Salvador, French Guiana, Guyana, Paraguay, Suriname, Uruguay, Venezuela: Cichorium

¹APHIS has previously stated that these fruits and vegetables are currently eligible for importation into the U.S. in accordance with 7 CFR 319.56-6 and all other applicable requirements of the regulations. These fruits and vegetables also meet the criteria of 7 CFR 319.56-2(e)(4) (Permits and other requirements), and have been imported into the U.S. under permit since before 1992.)

2t: Term "Cichorium" Replaces the Terms "Chicory," "Belgium Endive," "Endive," "Radicchio" to Allow for Additional Varieties of Cichorium from Various Countries

APHIS amends 7 CFR 319.56-2t to remove common name entries under Argentina for endive, Bolivia for Belgian endive, Ecuador for radicchio, Honduras for chicory, Nicaragua for radicchio, Panama for Belgian endive, chicory, and endive, and Peru for radicchio and to replace those common name entries with "cichorium.'' This allows for the importation of additional varieties of cichorium from these countries.

2t and 2x: Grapes from Argentina

APHIS amends 7 CFR 319.56-2t to allow the entry of grapes from Argentina, which were previously eligible for entry under permit, provided the shipments met the criteria set forth in 7 CFR 319.56-6, were grown in an area recognized by APHIS as free of Mediterranean fruit fly (Medfly, Ceratitis capitata) and Anastrepha spp. and were accompanied by a phytosanitary certificate issued by the NPPO of Argentina. APHIS has stated that these origin and phytosanitary certificate requirements reflect the previous permit conditions that applied to their importation.

APHIS also amends 7 CFR 319.56-2x to add grapes from Argentina that are grown outside a fruit-fly free area, to the list of fruits and vegetables that may be imported into the U.S. provided that they are treated in accordance with 7 CFR Part 305 (Phytosanitary treatments).

2x: Lemon, Kiwi, Apple and Grapes from Certain Countries

APHIS amends 7 CFR 319.56-2x to list the following fruits and vegetables as eligible for importation, provided they have been treated in accordance with 7 CFR Part 305 (Phytosanitary treatments). APHIS has previously explained that these fruits were previously admissible under permit with prescribed treatment:

Chile: Lemon

Italy: Kiwi

South Africa: Apple, Grape

2t: Eggplant from Guatemala & Panama

According to APHIS, eggplant from Guatemala and Panama was previously listed in 7 CFR 319.56-2t. As a condition of entry in its import permit, shipments are limited to commercial eggplant only; however, APHIS previously failed to specify "commercial shipments only" when it added eggplant from these countries to 7 CFR 319.56-2t.

Therefore, APHIS now adds a reference to 7 CFR 319.56-2t(b)(3) which specifies "commercial shipments only," under the entries for eggplant from these countries.

(See ITT's Online Archives or 01/31/06 and 02/01/06 news, 06013110 and 06020120, for Parts I and II BP summary of the proposed rule. See ITT's Online Archives or 03/06/06 news, 06030625, for BP summary of APHIS' reopening of the comment period on the proposed rule.)

APHIS contact - Donna West (301) 734-8758

APHIS final rule (D/N 03-086-3, FR Pub 12/18/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-21496.pdf