APHIS Amends its Regulations on the Importation of Nursery Stock

The following are highlights of APHIS' final rule:

Genus and Species Names on Phytosanitary Certificate

Under the final rule, the phytosanitary certificate that must accompany any restricted article presented for importation into the U.S. under 7 CFR 319.37-4(a) must now identify the genus of the article it accompanies.

In addition, when the regulations in 7 CFR 319.37 place restrictions on individual species or cultivars within a genus, the phytosanitary certificate must also identify the species or cultivar of the article it accompanies. Otherwise, 7 CFR 319.37-4(a) states that identification of the species is strongly preferred, but not required.

CBP Ports of Entry and USDA Inspection Stations

APHIS has amended 7 CFR 319.37-14 to indicate that any restricted article that is not required to be imported under a written permit pursuant to 7 CFR 319.37-3(a)(1) though (6), may be imported or offered for importation at any U.S. Customs and Border Protection (CBP)-designated port of entry indicated at 19 CFR 101.3(b)(1).

In addition, the final rule states that articles that are required to be imported under a written permit that are also precleared in the country of export are not required to enter at a U.S. Department of Agriculture (USDA) inspection station and may enter through any CBP port of entry. (Exceptions to this and the former requirement may be listed in 7 CFR 330.104.)

The final rule also amends it regulations concerning ports of entry in order to correct USDA plant inspection station addresses, remove plant inspection stations no longer in use, etc. Among other things, the final rule amends 7 CFR 319.37-14 by updating the addresses for the plant inspection stations in Miami, Agana, and Seattle; amending the entry for San Diego to indicate that plants imported into San Ysidro may also be sent to this plant inspection station for inspection; and amending the entry for Baltimore to clarify that only niger seed may be imported into this port for treatment.

New or Amended Definitions

The final rule amends a number of definitions in 7 CFR 319.37-1 by adding new definitions for bulb, plant, preclearance, regulated plant, and State. It also revises the definitions for inspector, person, plant pest, restricted article, and United States.

(The final rule does not change the definition of "from" which APHIS had proposed to replace in order to remove the language that imposed special restrictions on the importation of regulated articles from Canada.)

Treatment of Nursery Stock Outside the U.S.

The final rule reorganizes 7 CFR 319.37-6 and explicitly states, among other things, that if seeds and bulbs are treated prior to importation outside the U.S., they must be treated in accordance with 7 CFR 319.37-13(c) (requiring APHIS monitoring and certification, etc.). 7 CFR 319.37-6 further states that an inspector may require treatment within the U.S. of listed seeds and bulbs, even if they have been treated prior to importation outside the U.S. if such treatment is determined to be necessary.

Changes for Certain Plants, Seeds, Etc., From Specific Countries/Regions

The final rule makes various changes to APHIS' nursery stock regulations regarding certain plants, seeds, bulbs, etc., imported from specific countries or regions as follows:

Dewberries, blackberries, raspberries, etc. from Europe.The final rule adds Rubusspp. (dewberries, blackberries, rasberries, etc.) from Europe not meeting the conditions for importation in 7 CFR 319.37-5(f) to the list of prohibited articles of 7 CFR 319.37-2(a).

Bulbs from the Netherlands.The final rule amends 7 CFR 319.37-4(a) to allow bulbs from the Netherlands to enter the U.S. with a special certificate in lieu of a phytosanitary certificate. The special certificate will list special identification information for the shipment, including a serial number referring to the phytosanitary certificate on file in the Netherlands.

Seeds from Canada.APHIS adds a new 7 CFR 319.37-4(e) to exempt Canadian seeds from the requirement for a phytosanitary certificate if certain conditions are met, including enrollment of the Canadian exporter in a seed export program.

According to APHIS, seeds from specific establishments in Canada will be able to enter the U.S. with proper identification and an alternative document in lieu of the required phytosanitary certificate. The alternative document will be an export certification label and a document agreed upon by APHIS and the Canadian Food Inspection Agency (CFIA).

Blueberry plants from Canada. The final rule adds a new 7 CFR 319.37-5(t) to require that for any Vaccinium spp. plants (blueberry plants) imported from Canada, the phytosanitary certificate required by 7 CFR 319.37-4 must contain an additional declaration that such article was produced in an approved certification program and found by the national plant protection organization (NPPO) of Canada to be free of the BC-1 and BC-2 strains of blueberry scorch carlavirus.

Geraniums from the Canary Islands.The final rule adds a new 7 CFR 319.37-5(u) to require that Pelargonium spp. plants (geraniums) from the Canary Islands may only be imported into the U.S. if, among other things, the plants are accompanied by a phytosanitary certificate with additional declarations that the plants were produced in an approved Spanish (Canary Island) production site, by a grower participating in the export program for such plants established by the Spanish NPPO, etc.

Approved plants from Israel.APHIS adds a new 7 CFR 319.37(v) to state that plants from Israel, except bulbs, dormant perennials, and seeds may only be imported into the U.S. if, among other things, they are accompanied by a phytosanitary certificate of inspection and additional declarations that the plants were produced in an approved Israeli production site, by a grower participating in the export program for plants established by the israeli NPPO, etc.

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Kenaf seed from Mexico. The final rule amends 7 CFR 319.37-6(d) to provide that shipments of Hibiscus cannabinus seed (kenaf seed) from Mexico that are imported into pink bollworm generally infested areas in the U.S. (i.e., Arizona, New Mexico, and Texas, and specific counties in California) will be subject to inspection and immediately upon release, be subject to the domestic pink bollworm quarantine regulations.

(For kenaf seeds from Mexico, the final rule eliminates the requirement that at the time of importation into the U.S., such seeds be treated for possible infestation with pink bollworm in accordance with the applicable provisions of 7 CFR Part 305.)

Hydrangeas. The final rule amends 7 CFR 319.37-7(d)(7)(ii) to decrease the amount of time imported Hydrangea spp. from countries other than Canada and Japan must be grown in postentry quarantine conditions from two years to nine months.

(The final rule does not decrease the amount of time that imported Chrysanthemumspp., Dendranthemaspp.,Leucanthemella serotina, and Nipponanthemum nipponicum would have to be grown in postentry quarantine conditions from six months to two months under certain conditions, as earlier proposed by APHIS.)

Changes for Certain Plants in Growing Media

APHIS' final rule has made the following changes to its nursery stock regulations regarding certain growing media (partial list):

New clay pots and new wooden baskets for epiphytic (e.g. orchid) plants. APHIS has amended 7 CFR 319.37-8(d) to allow new clay pots and new wooden baskets to be used as a growing media for epiphytic (e.g. orchid) plants and explicitly states that new wooden baskets must meet all applicable requirements in 7 CFR 319.40-1 through 7 CFR 319.40-11 for unmanufactured wood articles.

Restricts articles in growing media from two areas in Canada.APHIS has amended 7 CFR 319.37-8(b) to allow importation of restricted articles from two areas of Canada that are infested with potato cyst nematodes - Newfoundland and a portion of Central Saanich, B.C. - as long as they are grown in approved media and isolated from potato cyst nematodes, etc.

(The final rule does not make plants in vitrogenerally admissible as APHIS had proposed. Instead, plants in vitro will continue to be subject to permit and phytosanitary certificate requirements.)

(See ITT's Online Archives or 01/13/06 news, 06011320, for BP summary of the proposed rule.)

APHIS contact - Dr. Arnold T. Tschanz (301) 734-5306

APHIS final rule (D/N 03-002-3, FR Pub 08/06/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-15124.pdf

APHIS proposed rule (D/N 03-002-1, FR Pub 12/15/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-24031.pdf