New APHIS Category for Nursery Stock Imports Needing Pest Analysis
The Animal and Plant Health Inspection Service has issued a final rule, effective June 27, 2011, which establishes a new category of regulated articles in the imported nursery stock (or plants for planting) regulations. This new category will list taxa of plants for planting whose importation is “Not Authorized Pending Pest Risk Analysis” (NAPPRA). This new category will allow APHIS to take prompt action on evidence that the importation of a taxon of plants for planting poses a risk while continuing to allow for public participation in the process.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Highlights of Final Rule
The following are highlights of the final rule:
NAPPRA Category to Include Quarantine Pests & Host of Quarantine Pests
The new NAPPRA category will have two lists of taxa of plants for planting whose importation is not authorized pending pest risk analysis: (i) those that are quarantine pests themselves, and (ii) those that are hosts of quarantine pests.
(For taxa of plants for planting that have been determined to be quarantine pests, the list will include the names of the taxa. For taxa of plants for planting that are hosts of quarantine pests, the list will include the names of the taxa, the foreign places from which the taxa’s importation is not authorized, and the quarantine pests of concern.)
APHIS Will Issue Notice if Evidence Suggests Taxon Falls into These Categories
If scientific evidence indicates that a taxon of plants for planting is a quarantine pest or a host of a quarantine pest, APHIS will publish a notice announcing its determination, cite the scientific evidence it considered in making this determination, and give the public an opportunity to comment.
Will Add Taxon to NAPPRA if no Comments Change APHIS’ Determination
If APHIS receives no comments that change its determination, the taxon will subsequently be added to the new NAPPRA category.
Import of Taxon Prohibited without Pest Risk Analysis
The importation of the taxon is not authorized pending the completion of a pest risk analysis.
Persons Can Petition for Pest Risk Analysis to Remove a Taxon from List
APHIS will allow any person to petition for a pest risk analysis to be conducted to consider whether to remove a taxon that has been added to the new category.
After Analysis, APHIS Can Ban Import, Allow Import, or Subject to Requirements
After the pest risk analysis is completed, APHIS will remove the taxon from the category and allow its importation subject to general requirements; allow its importation subject to specific restrictions; or prohibit its importation. The NAPPRA category lists will be publicly available here.
(APHIS will also consider applications for permits to import small quantities of germplasm from taxa whose importation is not authorized pending pest risk analysis, for experimental or scientific purposes under controlled conditions.)
APHIS Response to Comments
APHIS received 256 comments in response to its July 2009 proposed rule. The following are highlights of APHIS’ responses to these comments:
Rule Needed to Provide Level of Protection Commensurate with Fruit & Vegetables
APHIS explains that its current plants for planting regulations categorize imported plants as either prohibited (not allowed) or restricted (allowed under certain conditions) and do not require a pest risk analysis prior to the importation of a new taxa. This differs from APHIS’ fruits and vegetables regulations where the importation of fruits and vegetables is prohibited until the completion of such an analysis. However, plants for planting can carry a wide variety of pests that are more likely to become established in the U.S. than pests that could enter through imported fruits or vegetables. In addition, the plant itself could be a pest. Therefore, APHIS is enhancing its plants for planting import regulations to provide a level of protection more commensurate with the risks.
Most Plants for Planting Imports Will Continue to Be Allowed
According to APHIS the final rule will only target specific taxa, and most taxa of plants for planting will continue to be allowed to be imported subject to the current general restrictions.
Inspecting All Imported Nursery Stock Is Not Viable Alternative
In response to a suggestion that APHIS instead inspect all imported nursery stock, it states that this would delay release of perishable commodities, potentially making many shipments of imported plants for planting worthless. In addition, past a certain point, inspecting additional plants does little to increase the probability of detecting a pest.
(See ITT’s Online Archives or 07/29/09 news, 09072720, for BP summary of the proposed rule.)
APHIS press release, dated 05/27/11, available here.
APHIS background information on the NAPPRA category available here.
APHIS contact - Dr. Arnold Tschanz (301) 734--0627
(FR Pub 05/27/11)