CBP Lists Remediation Actions for Asian Gypsy Moth, Other Ag Contamination

(Actionable contamination means that when CBP finds agriculture-related contamination on a shipment, CBP will provide an emergency action notification to inform customs brokers of what the options are for their contaminated shipments. CBP may refuse entry of the shipments if they are legally not allowed to treat them with pesticides, or the shipment may have to return to origin, or can be reconditioned.)

CBP Remedial Actions Up from Last Year, but Not Due to Increased Enforcement

CBP officials stated that last year, of all the trade transactions that agricultural specialists conducted nationwide, nearly 61,000 were remedial actions. CBP notes this increase from the 47,000 remedial actions of the previous year is not due to an increase in CBP enforcement, but is indicative of the types of commodities and the conditions in foreign countries from which they were imported that result in actionable contamination.

(See ITT's Online Archives or 04/15/11 news, 11041521, for BP summary of CBP's FY 2010 agriculture report, stating that there has been a 28% increase in emergency action notices.)

Importers Should Take Preventative Action at Country of Origin

CBP recommended that the trade know the pests of concern in the countries from which they're importing, and what USDA is regulating. The best thing importers can do is implement preventative measures and controls at the country of origin, as a lot of commodities are commercially grown in foreign countries under their specific controls and practices, which may still result in contaminated carriers. Importers should also become familiar with all aspects of their supply chain.

Possible Remediation and Preventative Actions for Contaminated Containers, Etc.

CBP and APHIS officials provided information on possible remediation and preventative actions that can be taken for the following types of agriculture-related contaminants of containers, conveyances, and commodities:

• Asian Gypsy Moth (AGM): These moths are from Russia, China, Japan, and Korea and are only a risk from June to September. In 2008 CBP found 18 ships contaminated with AGM, 6 in 2009, and 2 in 2010. Besides discussing it with foreign governments, the best action importers can take is to implement protocols for a ship to be certified overseas and for the crews to inspect the ship before departure. If AGM are found at a U.S. port, there is a good risk of that ship being sent back out at sea, with a delay of about 3-10 days depending on the infestation and fines that can be $40,000-$50,000 per day behind schedule. CBP prefers to clean AGM contaminated ships, but if the infestation is bad and there is a risk of spraying pesticides, CBP will send it back out to sea. Prevention includes environment-related controls, cleaning/inspecting product at origin, and having knowledge of the entry requirements.

• Khapra beetle: Khapra beetles are a bad pest of grain, and if brought into the U.S., could shut down U.S. grain export markets. CBP has found these beetles 40 times on shipments, and 10 times in ship stores. They've also been found on commercial shipments of basmati rice from India and air cargo shipments of personal effects from the Middle East. CBP can refuse entry of such contaminated shipments or subject it to treatment. Environment related control and cleaning/inspection at origin with entry requirement knowledge will help prevent such contamination.

• Snails: Snails quickly multiply in the Mediterranean and other countries with warm, moist conditions, and imports from these areas are at high risk of contamination as they frequently attach themselves to outside of containers and crates. Possible remediation involve the refusal of entry, lengthy fumigation treatments, and possible reconditioning. To prevent snail contaminants, importers should employ environment-related controls and clean and inspect their product at the origin, and have knowledge of the entry requirements.

• Hitchhikers: Insects that fly into an area when loading cargo are called hitchhikers (e.g. locusts, moths) and have been a problem in recent years, especially for importers loading cargo at night. Although importers could have gone through extensive effort to clean their container, they should still need to pay attention to how they're loading their product by checking loading areas and pest conditions before and after loading their product. Because there is zero tolerance for these pests, when they are found on shipments, the shipments will either be refused entry if there is no risk of the pests getting out and disseminating, or they could be subjected to treatment. Again, environment-related controls and cleaning/inspection at the origin, knowledge of the entry requirements, and quality control efforts will help prevent such contamination.

• Plant/animal material & garbage: If a carrier is contaminated by plant material, animal products or by-products, or garbage, a carrier may be refused entry, disinfected with animal diseases disinfectant or other cleaning, and reconditioned depending on problem. Environment-related controls, cleaning/inspection at the origin, and knowledge of the entry requirements can prevent such contamination.

• Cut flowers, fruit & vegetable pests. These qualify as actionable plant pests that can be refused entry, subject to treatment, and reconditioned. Importers should employ environment-related control at the origin and have knowledge of the entry requirements to prevent such contamination.

CBP Trade Symposium presentation on agriculture-related contamination is available here.