APHIS Issues Final Rule on Import of Certain Cut Flowers from Regions Affected with Chrysanthemum White Rust
The Animal and Plant Health Inspection Service (APHIS) has issued a final rule, effective May 3, 2007, which amends 7 CFR Part 319 in order to establish specific requirements for the importation of cut flowers that are hosts of chrysanthemum white rust (CWR)1 from countries where the disease is known to occur, and to amend the nursery stock regulations to update lists of countries where CWR is known to occur.
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(According to APHIS, it is making these changes in order to make its cut flowers and nursery stock regulations consistent. APHIS states that this final rule is necessary because of numerous recent findings of CWR on cut flowers from Europe that pose a risk of introducing CWR into the U.S.)
Cut Flower Regulations Amended to Specify Import Requirements
According to APHIS, the cut flower regulations in 7 CFR 319.74 are being amended by adding a new 7 CFR 319.74-2(d) which contains the following requirements:
Cut flowers of specific species must meet certain production, documentation, box labeling, etc. conditions for entry. New 7 CFR 319.74-2(d) states that cut flowers of any species listed in 7 CFR 319.74-2(d)(1) (e.g. Chrysanthemum, Leucanthemella, and Nipponanthemum) may be imported into the U.S. from any region where CWR is considered to exist (as listed in 7 CFR 319.74-2(d)(2)) only under the following conditions:
The flowers must be grown at a production site that is registered with the national plant protection organization (NPPO) of the country in which the production site is located or with the NPPO's designee, and the NPPO or its designee must provide a list of registered sites to APHIS.
(APHIS notes that certain commenters had requested that APHIS modify some of the measures in its proposed rule for Colombian exporters. APHIS acknowledged that Colombia has in place measures that are not run by the NPPO, but that are equivalent to the requirements set forth in APHIS' proposed rule and has amended the final rule to provide for such a situation.)
Each shipment of cut flowers must be accompanied by a phytosanitary certificate or equivalent documentation, issued by the NPPO of the country of origin or its designee, containing an additional declaration stating that the place of production as well as the consignment have been inspected and found free of Puccinia horiana1.
Box labels and other documents accompanying shipments of cut flowers must be marked with the identity of the registered production site.
APHIS-authorized inspectors must also be allowed access to production sites and other areas necessary to monitor the CWR-free status of the production sites.
Cut flowers not meeting above conditions will be refused entry into U.S. New 7 CFR 319.74-2(d)(2) states that cut flowers not meeting these conditions will be refused entry into the U.S. The new regulation also states that the detection of CWR in a shipment of cut flowers from a registered production site upon arrival in the U.S. will result in the prohibition of imports originating from the production site until such time when APHIS and the NPPO of the exporting country can agree that the eradication measures taken have been effective and that the pest risk within the production site has been eliminated.
Nursery Stock Regulations Amended to Update CWR-Affected Countries, Genus, Etc.
APHIS' final rule also amends the nursery stock regulations in 7 CFR 319.37-2 as follows:
Updated lists of CWR-affected countries. The final rule amends the entries for Chrysanthemum spp. and Dendranthema spp. in the table in 7 CFR 319.37-2(a) to update the list of CWR-affected countries found in each of those entries.
APHIS notes that since the publication of the proposed rule, it has had several findings of CWR on cut flowers from Ecuador. Therefore, in this final rule, it is adding Ecuador to the list of CWR-affected countries. APHIS also notes that it failed to include Norway and the Ukraine in the list of countries in 7 CFR 319.37-2(a) in the proposed rule, and is adding these countries to the list in the final rule.
APHIS adds that in each of the places where a list of countries where CWR is known to occur appeared in the proposed rule, it is amending those lists to update the listing of countries that comprise the European Union. It is also amending the entries for Leucanthemella serotina and Nipponanthemum nipponicum in 7 CFR 319.37-2(a) so that they reflect the complete list of countries where CWR is known to occur.
Amended entries for "Dendranthema" and "Chrysanthemum." APHIS's final rule amends 7 CFR 319.37-2(a) and 319.37-7(a)(3) by revising the entries for Dendranthema spp. to read "see Chrysanthemum spp." APHIS is also amending the entries for Chrysanthemum spp. in 7 CFR 319.37-2(a), 319.37-5(c), and 319.37-7(a)(3) by adding "includes Dendranthema spp."
APHIS notes that the taxonomy of Chrysanthemum has changed as a result of the conservation of the genus Chrysanthemum, and, as a result, species that were formerly considered Dendranthema are now considered Chrysanthemum.
1Puccinia horiana Henn, a filamentous fungus and obligate parasite, is the causal agent of CWR.
(See ITT's Online Archives or 07/18/05 news, 05071830, for BP summary of the proposed rule. See ITT's Online Archives or 09/22/05, 05092220, for BP summary of APHIS' reopening of the comment period for the proposed rule.)
APHIS contact - Tony Roman (301) 734-8758
APHIS final rule (D/N 03-016-3, FR Pub 04/03/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-6128.pdf
APHIS press release (dated 04/02/07) available at http://www.aphis.usda.gov/newsroom/content/2007/04/cwhtrust.shtml.