APHIS Issues Final Rule on Fruit and Vegetable Plant Debris, Etc.
The Animal and Plant Health Inspection Service has issued a final rule, effective March 31, 2008, amending its fruits and vegetables regulations under 7 CFR Part 319 by clarifying the distinction between plant parts that would be considered plant litter or debris and those that would not, for all imported fruits and vegetables.
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In addition, the final rule eliminates a treatment requirement for Ya pears imported from Shandong Province, China and clarifies the conditions that apply to the importation of sand pears from South Korea and Japan. According to APHIS, these changes eliminate a treatment requirement that APHIS has determined is no longer necessary and clarify some existing provisions in order to make the regulations easier to understand and implement.
Plant Litter/Debris, Portions of Plants Redefined for All Imported Fruit, Vegetables
The final rule will amend 7 CFR 319.56-2 by removing the existing definition for plant debris and by adding new definitions for plant litter and debris and portions of plants that will apply to all imported fruits and vegetables. It will also amend 7 CFR 319.56-3 to rename and clarify the general requirement for all imported fruits and vegetables for "freedom from plant debris."
Revised definitions. APHIS has previously explained that while all fruits and vegetables imported under 7 CFR 319.56, whether in commercial or noncommercial consignments, must be free from plant debris, the current definition of plant debris may not adequately communicate the fact that there are also parts of clean fruits and vegetables that are not approved for entry.
In order to make that distinction clear, the final rule will remove the current definition of plant debris under 7 CFR 319.56-2 and replace it with the following separate definitions:
Plant litter and debris. Discarded or decaying organic matter; detached leaves, twigs, or stems that do not add commercial value to the product.
Portions of plants. Stalks or stems, including the pediculus, pedicel, peduncle, raceme, or panicle, that are normally attached to fruits or vegetables.
Revised general requirement. The final rule will amend the general requirement for "freedom from plant debris" under 7 CFR 319.56-3 by renaming it to "freedom from unauthorized plant parts" and by revising it to state that all fruits and vegetables imported under 7 CFR 319.56, whether in commercial or noncommercial consignments, must be free from plant litter or debris and free of any portions of plants that are specifically prohibited in the regulations in 7 CFR 319.56.
Cold Treatment to No Longer Be Required for Ya Pears From Shandong China
Based on APHIS' consideration of information provided by China and on APHIS' own risk analysis, the final rule will amend 7 CFR 319.56-29 to remove the cold treatment requirement for Ya pears from Shandong Province, China.
(Among the reasons cited for the removal of the cold treatment requirement is trapping data from 2000 to 2002 showing that no fruit flies were trapped; research showing that, based on developmental biology of Bactrocera dorsalis and because of low winter temperatures, large areas of China, including Shandong Province, are unsuitable habitat for the Oriental fruit fly.)
Preclearance Requirement for Sand Pears Imported Into Hawaii From Japan, Korea
The final rule will also amend 7 CFR 319-56-13(b)(5)(ix) to clearly state that the preclearance requirement does not apply to sand pears imported into Hawaii from Japan or South Korea.
APHIS explains that when it added the listings for sand pears from Japan and South Korea to the table in 7 CFR 319.56-13(a) in its July 2007 final rule (which significantly revised APHIS' fruit and vegetable regulations), APHIS neglected to include a note that the preclearance requirement does not apply to sand pears imported into Hawaii from Japan or South Korea. According to APHIS, the lack of a reference to that exception in the regulations has caused some confusion.
(See ITT's Online Archives or 01/09/08 news, 08010999 7, for BP summary of APHIS' proposed rule.
See ITT's Online Archives, 08010105, for full BP summary of APHIS' July 2007 final rule which significantly revised its fruit and vegetable regulations.)
APHIS contact - Alex Belano (301) 734-5333
APHIS notice (D/N APHIS-2007-0116, FR Pub 02/29/09) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-3901.pdf