APHIS Proposes New Category of Nursery Stock "Not Authorized for Import" Pending Pest Risk Analysis
The Animal and Plant Health Inspection Service has issued a proposed rule that would amend 7 CFR 319 by establishing a new category of regulated articles in the imported nursery stock (plants for planting) regulations, whose importation is not authorized until a pest risk analysis occurs. Written comments are due by October 21, 2009.
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The NAPPRA ("not authorized pending pest risk analysis") category would list (1) taxa that have the potential to be quarantine pest plants, and therefore could be noxious weeds, and (2) taxa that are known as potential hosts for quarantine pests. These lists would be based on scientific evidence and would be available publicly on a Plant Protection and Quarantine Web site.
APHIS would notify the public of its determination to add a taxon of plants for planting to the NAPPRA category, by publishing notice in the Federal Register for comment. If APHIS received no comment that changed its determination, the taxon would subsequently be added.
APHIS would allow any person to petition for a pest risk analysis to be conducted for any taxon added to the new category. After a pest risk analysis was completed, APHIS would remove the taxon from the category and allow its importation subject to general requirements, allow its importation subject to specific restrictions, or continue to prohibit its importation.
APHIS is also proposing to expand the definition of "regulated plant" in the nursery stock regulations, in order to include nonvascular plants (e.g. mosses and green algae).
APHIS states that these actions are being proposed in order to provide phytosanitary protection commensurate with the risks posed by the importation of plants for planting.
(Currently, the nursery stock regulations categorize imported plants for planting as either prohibited articles or restricted articles, and additions to these lists are the result of a rulemaking, and often a pest risk analysis.)
- Written comments due by October 21, 2009
APHIS contact: Dr. Arnold Tschanz (301) 734-0627.
APHIS proposed rule (D/N APHIS-2006-0011, FR Pub 07/23/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-17535.pdf