APHIS Final Rule Significantly Revises its Fruit & Vegetable Import Regulations (Part III - General Requirements)

The substantial changes include, among other things, a new notice-based process (as opposed to rulemaking) that establishes criteria for APHIS' approval of certain fruits and vegetables for importation into the U.S., as well as a new notice-based process for acknowledging pest-free areas in foreign countries.

This is Part III of a multi-part series of BP summaries on the final rule, and highlights 7 CFR 319.56-3 which contains the general requirements for imported fruits and vegetables. See ITT's Online Archives or 07/24/07 and 07/25/07 news, 07072415 and 07072510, for Parts I and II, respectively.

General Requirements

The final rule consolidates all requirements of general applicability into one section, 7 CFR 319.56-3, which were previously located in various sections, including 7 CFR 319.56 through 319.56-2, 7 CFR 319.56-3 through 319.56-8, and certain repetitive requirements contained in the commodity-specific sections of 7 CFR 319.56. Highlights of this consolidated section include (partial list):

Scope. All fruits and vegetables that are allowed importation under 7 CFR 319.56 must be imported in accordance with the general requirements of 7 CFR 319.56-3, except as specifically provided otherwise in 7 CFR 319.56.

Plant debris. All fruits and vegetables imported under 7 CFR 319.56, whether in commercial or noncommercial consignments must be free from plant debris as defined in new 7 CFR 319.56-2 (whose definition remains unchanged).

Import permit required unless excepted. All fruits and vegetables imported under 7 CFR 319.56, whether commercial or noncommercial consignments, must be imported under a permit issued by APHIS; must be imported under the conditions specified in the permit; and must be imported in accordance with all applicable regulations in 7 CFR 319. The following exceptions continue to apply:

dried, cured, or processed fruits and vegetables (except frozen fruits and vegetables), including cured figs and dates, raisins, nuts, and dried beans and peas, except certain acorns and chestnuts subject to 7 CFR 319.56-11;

fruits and vegetables grown in Canada (except potatoes from Newfoundland and that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road, which are prohibited importation into the U.S.); and

fruits and vegetables, except mangoes, grown in the British Virgin Islands that are imported into the U.S. Virgin Islands.

(Note that the commodities that were previously subject to a 'general' written permit (i.e., a permit simply authorized in the text of the regulations) are now described as not requiring a permit. Also, the term 'specific' import permit has been dropped. APHIS states that the use of these two terms was confusing. In addition, APHIS states that it dropped its proposed provision for 'special use' import permits for trade shows, etc.)

Application for and issuance of import permits. Provisions previously located elsewhere in 7 CFR 319.56 regarding the application for permits; issuance of permits; amendment, denial, or withdrawal of permits; and appeals have been consolidated and updated (i.e. to reflect various means such as fax, Internet, mail now available for applying for permits).

Ports of entry. Provisions previously located elsewhere specifying the ports of entry for particular commodities have been combined into one general provision which states that fruits and vegetables must be imported into specific ports if so required by 7 CFR 319.56, 7 CFR 305, or by permits issued under 7 CFR 319.56-3(b). In addition, all possible ports of entry are listed in Custom's regulations at 19 CFR 101.3(b)(1), with certain specified exceptions (e.g., those to be cold treated at ports in the U.S.).

Inspection and treatment, etc. The final rule relocates and in some cases updates, but does not substantially change, previous provisions relating to inspection and treatment, costs and charges, and responsibility for damages, as follows:

1. CFR 319.56-3(d) (Inspection, treatment, and other requirements) now contains the requirements previously located at 7 CFR 319.56-6 and has been reorganized to include notice of arrival, assembly for inspection; refusal of entry, release for movement; and notice to owner of actions ordered by inspector;
2. CFR 319.56-3(e) (Costs and Charges) contains the provisions previously located at 7 CFR 319.56-6(f);
3. CFR 319.56(f) (APHIS not responsible for damage), which states that APHIS assumes no responsibility for any damage to fruits or vegetables that results from the application of treatments or other measures required under 7 CFR 319.56 or 7 CFR 305, was consolidated from similar statements in the commodity-specific requirements.

(See ITT's Online Archives or 05/12/06, 05/16/06, 05/22/06, 05/24/06, and 05/25/06 news, 06051215, 06051625, 06052235, 06052425, and 06052535, for Parts I - V of BP summary of the April 2006 proposed rule.

See ITT's Online Archives or 08/03/06 news, 06080335, for BP summary on reopening of comment period on the proposed rule.)

APHIS final rule (D/N APHIS-2005-0106, FR Pub 07/18/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-13708.pdf