[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Proposed Rules]
[Pages 53761-53769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27427]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 319
[Docket No. 97-016-1]
Importation of Tomatoes From France, Morocco and Western Sahara,
Chile, and Spain
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations governing fruits and
vegetables to allow tomatoes from France, Morocco and Western Sahara,
and Chile to be imported into the United States subject to certain
conditions. The proposed action would provide importers and consumers
in the United States with additional sources of tomatoes, while
continuing to provide protection against the introduction and
dissemination of injurious plant pests. We are also proposing to amend
the regulations pertaining to importation of tomatoes from Spain by
requiring containers of pink or red tomatoes to be sealed before
shipment if the containers will transit any other fruit fly supporting
areas while en route to the United States, and by requiring records to
be kept by Spain's plant protection service regarding trapping
practices and fruit fly captures. These actions appear necessary to
prevent the introduction of exotic fruit flies into the United States.
DATES: Consideration will be given only to comments received on or
before December 15, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-016-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 97-016-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
[[Page 53762]]
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald C. Campbell, Staff Officer,
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit
140, Riverdale, MD 20737-1236, (301) 734-6799; fax (301)734-5786; E-
mail: rcampbell@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.56 through 319.56-8 (referred to below
as ``the regulations'') prohibit or restrict the importation of fruits
and vegetables into the United States from certain parts of the world
to prevent the introduction and dissemination of plant pests, including
fruit flies, that are new to or not widely distributed within the
United States.
Tomatoes from France, Morocco and Western Sahara, and Chile
We are proposing to amend the regulations to allow tomatoes
(Lycopersicon esculentum) from France, Morocco and Western Sahara, and
Chile to be imported into the United States under certain conditions,
which are discussed below. We are proposing to allow these importations
at the request of various importers and foreign ministries of
agriculture, and after conducting pest risk analyses 1 that
indicate the tomatoes can be imported under the proposed conditions
without presenting any significant risk of introducing fruit flies or
other injurious plant pests into the United States.
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\1\ Information on these pest risk analyses and any other pest
risk analysis referred to in this document may be obtained by
writing to the person listed under FOR FURTHER INFORMATION CONTACT
or by calling the Plant Protection and Quarantine (PPQ) fax vault at
301-734-3560.
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The imported tomatoes would be subject to the requirements in
Sec. 319.56-6 of the regulations. Section 319.56-6 provides, among
other things, that all imported fruits and vegetables, as a condition
of entry, shall be subject to inspection, disinfection, or both, at the
port of first arrival, as may be required by a United States Department
of Agriculture (USDA) inspector to detect and eliminate plant pests.
Section 319.56-6 also provides that any shipment of fruits and
vegetables may be refused entry if the shipment is infested with fruit
flies or other injurious plant pests and an inspector determines that
it cannot be cleaned by disinfection or treatment.
In this proposed rule, as well as in the current regulations for
importing tomatoes from Spain, contained in Secs. 319.56-2t and 319.56-
2dd, we use the terms ``pink or red'' and ``green'' tomatoes. Green
tomatoes are unripened tomatoes. Once tomatoes start to ripen, they
show more and more pink coloring, which deepens to red as the tomatoes
ripen.
Tomatoes From France
We are proposing to allow tomatoes to be imported from France under
conditions very similar to current requirements for importing tomatoes
from Spain. Section 319.56-2t includes green tomatoes from Spain in the
list of fruits and vegetables that may be imported subject to
inspection and disinfection at the port of arrival, in accordance with
Sec. 319.56-6 of the regulations. Section 319.56-2t allows green, or
unripened, tomatoes to be imported into the United States from any area
of Spain, including Almeria Province. Because green tomatoes are not a
host to the Mediterranean fruit fly (Medfly), which is known to occur
in Spain, or, in Spain, to any other pest of concern to the United
States, they are not subject to the special conditions in Sec. 319.56-
2dd. Pink and red tomatoes from Spain are hosts, albeit poor ones, to
the Medfly. Therefore, the regulations at Sec. 319.56-2dd currently
allow the importation of pink and red tomatoes only from the Almeria
Province and only under certain conditions, which protect the tomatoes
from Medfly infestation.
As in Spain, the pest of concern for tomatoes in France is Medfly.
We are proposing to add green tomatoes from France to the list of
fruits and vegetables in Sec. 319.56-2t that may be imported into the
United States subject to inspection and disinfection at the port of
arrival in accordance with Sec. 319.56-6 of the regulations. Green
tomatoes are not a host to Medfly, or, in France, to any other pest of
concern to the United States. We would require that, to be eligible for
importation, the tomatoes must still be green upon arrival in the
United States. This requirement would ensure that the tomatoes at no
time, either in France or en route, become suitable Medfly host
material. (As discussed later in this document, we are also proposing
to add this requirement for the importation of green tomatoes from
Spain.) We are also proposing to allow pink or red tomatoes to be
imported into the United States from France if they are grown in the
Region of Brittany and meet certain conditions.
Although Medfly is not known to exist in Brittany, incidental
introductions are possible. Therefore, we propose to require that the
tomatoes be grown in Brittany in greenhouses registered with, and
inspected by, the Service de la Protection Vegetaux (SRPV). From June 1
through September 30, SRPV would be required to set and maintain Medfly
traps baited with trimedlure at a rate of one inside and one outside
each greenhouse. All traps would have to be checked every 7 days.
Brittany, in the northeast of France, has a temperate climate.
Temperatures from October through May are too cold for Medfly to
survive. It is unlikely that Medfly would become even temporarily
established in Brittany during the months of June through September,
but trapping would help ensure detection of Medfly should it be
introduced. Capture of a single Medfly inside or outside a registered
greenhouse would immediately result in cancellation of exports to the
United States from that greenhouse until the source of infestation is
determined, the Medfly infestation is eradicated, and measures have
been taken to preclude any future infestation. The Animal and Plant
Health Inspection Service (APHIS) generally considers eradication to
have occurred when there is no evidence of reproducing populations of
Medfly (for example, no finding of Medfly larvae, mated females, or
both male and female flies) for two life cycles of the Medfly. We
propose to require SRPV to maintain records of trap placement, checking
of traps, and any Medfly captures, and to make the records available to
APHIS upon request.
Also from June 1 through September 30, we would require that the
tomatoes be packed within 24 hours of harvest, safeguarded by fruit
fly-proof mesh screen or plastic tarpaulin while in transit to the
packing house and while awaiting packing, and packed in fruit fly-proof
containers for transit to the airport and subsequent shipping to the
United States. These requirements do not appear to be necessary during
other times of the year when the climate would not support fruit flies.
At all times of the year, however, we are proposing to require the
fruit fly-proof containers of tomatoes to be sealed by SRPV before
shipment, and the seal number recorded on a phytosanitary certificate
that must accompany the tomatoes, if the containers will transit any
other fruit fly supporting areas while en route to the United States.
This would ensure that the containers are not opened and exposed to
fruit flies, or contaminated with fruit fly infested fruit during
shipment to the United States. Flight over a fruit fly supporting area
without stopping does not constitute
[[Page 53763]]
``transit'' and thus does not trigger the SRPV seal and records
requirements.
SRPV would be responsible for export certification inspection and
issuance of phytosanitary certificates. We propose to require each
shipment of pink or red tomatoes to be accompanied by a phytosanitary
certificate issued by SRPV and bearing the declaration, ``These
tomatoes were grown in registered greenhouses in the Brittany Region of
France.''
The provisions for importing pink or red tomatoes from France would
be added to Sec. 319.56-2dd, and the heading for that section, which
now refers only to pink or red tomatoes from Spain, would be changed.
Tomatoes From Morocco and Western Sahara
As in France and Spain, the pest of concern for tomatoes in Morocco
and Western Sahara is Medfly. We are proposing to add green tomatoes
from Morocco and Western Sahara to the list of fruits and vegetables in
Sec. 319.56-2t that may be imported, provided that the tomatoes are
still green upon arrival in the United States, subject to inspection
and disinfection at the port of arrival in accordance with Sec. 319.56-
6 of the regulations. Green tomatoes are not a host to Medfly, or, in
Morocco and Western Sahara, to any other pest of concern to the United
States.
We are also proposing to add provisions to Sec. 319.56-2dd to allow
pink tomatoes to be imported into the United States from El Jadida and
Safi Provinces, Morocco, and from Dahkla Province, Western Sahara,
under conditions similar to those discussed above for tomatoes from
France. We are proposing to allow pink, but not fully ripe, red
tomatoes, as an additional precaution because of the endemic presence
of Medflies and Medfly host material in Morocco and Western Sahara, and
the free movement of Medfly host materials throughout Morocco and
Western Sahara. The surface area of a pink tomato is more than 30
percent but not more than 60 percent pink and/or red. A red tomato is
more than 60 percent pink and/or red. Tomatoes at any stage of ripeness
are poor hosts for Medfly, and pink tomatoes are less suitable Medfly
host material than red tomatoes.
The tomatoes would have to be grown in greenhouses registered with,
and inspected by, the Moroccan Ministry of Agriculture, Division of
Plant Protection, Inspection, and Enforcement (DPVCTRF). Because of the
prevalence of Medfly in Morocco and Western Sahara, the greenhouses
would have to be insect-proof.
The tomatoes would only be allowed to be shipped from Morocco and
Western Sahara between December 1 and April 30, inclusive. Although
Morocco and Western Sahara are capable of supporting year-round
populations of Medfly, population levels are lower during these months
than during late spring through early autumn.
Commercial greenhouses in Morocco and Western Sahara range in size
from less than 1 hectare to more than 14 hectares. Beginning 2 months
prior to the start of the shipping season and continuing through the
end of the shipping season, DPVCTRF would be required to set and
maintain Medfly traps baited with trimedlure inside the registered
greenhouses at a rate of four traps per hectare. In Morocco traps would
also be required outside registered greenhouses within a 2 kilometer
radius at a rate of four traps per square kilometer. In Western Sahara,
a single trap outside each registered greenhouse would be required.
Fewer traps would be required in Western Sahara because of the scarcity
of endemic Medfly host material and arid conditions in the tomato
production areas. All traps in Morocco and Western Sahara would have to
be checked every 7 days. We propose to require DPVCTRF to maintain
records of trap placement, checking of traps, and any Medfly captures,
and to make the records available to APHIS upon request.
Capture of a single Medfly in a registered greenhouse would
immediately result in cancellation of exports to the United States from
that greenhouse until the source of the infestation is determined, the
Medfly infestation has been eradicated, and measures are taken to
preclude any future infestation. Capture of a single Medfly within 200
meters of a registered greenhouse would necessitate increasing trap
density in order to determine whether there is a reproducing population
in the area. Six additional traps would have to be placed within a
radius of 200 meters surrounding the trap where the Medfly was
captured. Capture of two Medflies within 200 meters of a registered
greenhouse and within a 1-month time period would require Malathion
bait sprays within 200 meters of the trap or traps where Medflies were
caught every 7 to 10 days for 60 days to ensure eradication.
As with pink and red tomatoes from France and Spain, we propose to
require pink tomatoes from Morocco and Western Sahara to be packed
within 24 hours of harvest, safeguarded by fruit fly-proof mesh screen
or plastic tarpaulin while in transit to the packing house and while
awaiting packing, and packed in fruit fly-proof containers for transit
to the airport and subsequent shipping to the United States. The
tomatoes must be pink at the time of packing. In addition, we are
proposing to require that the fruit fly-proof containers of tomatoes be
sealed by the Moroccan Ministry of Agriculture, Fresh Product Export
(EACCE), before shipment, and the seal number recorded on a
phytosanitary certificate that must accompany the tomatoes, if the
containers will transit any other fruit fly supporting areas while en
route to the United States. This action appears necessary to ensure
that the containers are not opened and exposed to fruit flies, or
contaminated with fruit fly infested fruit during shipment to the
United States.
EACCE would be responsible for export certification inspection and
issuance of phytosanitary certificates. We propose to require each
shipment of pink tomatoes to be accompanied by a phytosanitary
certificate issued by EACCE and bearing the declaration, ``These
tomatoes were grown in registered greenhouses in El Jadida or Safi
Province, Morocco and were pink at the time of packing'' or ``These
tomatoes were grown in registered greenhouses in Dahkla Province,
Western Sahara and were pink at the time of packing.''
The provisions for importing pink tomatoes from Morocco and Western
Sahara would be added to Sec. 319.56-2dd.
Tomatoes From Chile
In Chile the primary pests of concern in tomatoes are the tomato
fruit moth (Scrobopalpula absoluta) and the tomato fruit fly
(Rhagoletis tomatis). These are temperate pests that infest tomatoes at
all stages of ripeness, including when they are green. USDA has
determined that a methyl bromide treatment, developed in Chile, is an
effective treatment for these pests in tomatoes. The treatment schedule
is as follows: Methyl bromide at the rate of 48 ounces per 1,000 cubic
feet at 70 deg.F for 2 hours. We are proposing to allow tomatoes from
Chile to be imported into the United States if the tomatoes are treated
in Chile with methyl bromide as described above. The treatment would
have to be conducted in facilities registered with the Secretario de
Agricultura y Ganaderia (SAG) and with APHIS personnel monitoring the
treatments. Requiring the treatment under these conditions would ensure
that the treatments were effectively administered.
In addition, we would require that the tomatoes be treated and
packed within
[[Page 53764]]
24 hours of harvest. They would have to be safeguarded by a fruit fly-
proof mesh screen or plastic tarpaulin while in transit to the packing
house and while awaiting packing, and be packed in fruit fly-proof
containers under APHIS monitoring for transit to the airport and
subsequent shipping to the United States. We believe these requirements
are necessary to protect the tomatoes against reinfestation by the
tomato fruit moth and fruit flies between the time of treatment and the
arrival of the tomatoes in the United States.
The proposed methyl bromide treatment of tomatoes in Chile under
APHIS monitoring prior to export of the tomatoes to the United States
would be required due to the nature of tomato production in Chile.
Tomatoes in Chile would be produced in open fields under normal
cultural practices that do not incorporate safeguards to mitigate the
risk of introducing tomato fruit fly and tomato fruit moth into the
United States. Furthermore, the tomato fruit fly and tomato fruit moth
are temperate pests that could potentially impact domestic tomato
production in the United States. Post harvest methyl bromide treatment
in Chile would be the only mitigative measure to ensure that tomato
fruit flies and tomato fruit moths are not inadvertently shipped to the
United States. By contrast, tomatoes from France, Morocco and Western
Sahara, and Spain would be produced in greenhouses under a systems
approach that incorporates multiple safeguards that mitigate the risk
of introducing Medflies into the United States.
We propose that SAG enter into a trust fund agreement with APHIS
before tomatoes from Chile could be precleared for import into the
United States. A trust fund agreement is required to recover APHIS
costs associated with monitoring the preclearance program in Chile. The
trust fund agreement would require SAG to pay in advance all estimated
costs to be incurred by APHIS in providing preclearance services during
a shipping season. These costs would include administrative expenses
incurred in conducting preclearance, as well as all salaries (including
overtime and the Federal share of employee benefits), travel expenses
(including per diem expenses), and other incidental expenses incurred
by the inspectors in providing these services. SAG would be required to
deposit a certified or cashier's check with APHIS for the amount of
these costs for the entire shipping season, as estimated by APHIS based
on projected shipment volumes and cost figures from previous
inspections. The agreement would further require that, if the deposit
does not meet the actual costs incurred by APHIS, SAG would deposit
with APHIS a certified or cashier's check for the amount of the known
remaining costs, as determined by APHIS, before completion of the
inspections. The agreement would also specify that unanticipated end-
of-season costs must be paid upon demand, and that further service will
be withheld until payment is made. If the amount SAG pays during a
shipping season exceeds the total costs incurred by APHIS in providing
preclearance services, the difference would be refunded to SAG by APHIS
at the end of the shipping season. Requiring payment of costs in
advance is necessary to help defray the costs to APHIS of providing
inspection services in Chile.
The provisions for importing tomatoes from Chile would be added to
Sec. 319.56-2dd. The treatment schedule for methyl bromide would be
added to the Plant Protection and Quarantine Treatment Manual (PPQ
Treatment Manual), which is incorporated into the regulations by
reference (see 7 CFR 300.1).
Tomatoes From Spain
The regulations at Sec. 319.56-2dd for importing pink or red
tomatoes from Almeria Province in Spain already require, among other
things, that the greenhouse grown pink or red tomatoes be packed within
24 hours of harvest, be safeguarded by a fruit fly-proof mesh screen or
plastic tarpaulin while in transit to the packing house and while
awaiting packing, and be packed in fruit fly-proof containers for
transit to the airport and subsequent shipping to the United States. We
are proposing to require the fruit fly-proof containers of tomatoes to
be sealed by the Spanish Ministry of Agriculture, Fisheries, and Food
(MAFF) before shipment, and the seal number recorded on the
phytosanitary certificate that must accompany the tomatoes to the
United States, if the containers will transit any other fruit fly
supporting areas while en route to the United States. We believe the
additional requirements for containers that will transit fruit fly
supporting areas are necessary to ensure that the shipments are not
opened and exposed to fruit flies or contaminated with fruit-fly
infested fruit during shipment to the United States.
The regulations at Sec. 319.56-2dd for importing pink or red
tomatoes from Spain also require MAFF to maintain Medfly traps inside
and outside the registered greenhouses, but do not require MAFF to
maintain records regarding the trapping. We propose to require MAFF to
maintain records of trap placement, checking of traps, and any Medfly
captures, and to make the records available to APHIS upon request. This
would help ensure that trapping is done properly and that appropriate
action is taken when fruit flies are found.
As discussed previously in this document, the regulations at
Sec. 319.56-2t for importing green tomatoes from Spain do not now
require that the tomatoes still be green upon arrival in the United
States. We propose to require that green tomatoes from Spain still be
green upon arrival in the United States. This requirement would ensure
that the tomatoes at no time, either in Spain or en route, become
suitable host material for Medfly.
Executive Order 12866 and the Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
This proposed rule would allow tomatoes from France, Morocco and
Western Sahara, and Chile to be imported into the United States subject
to certain conditions. This proposed action would provide importers and
consumers in the United States with additional sources of tomatoes,
while continuing to provide protection against the introduction and
dissemination of injurious plant pests. The proposal would also make
some minor changes to the provisions for importing tomatoes from Spain,
but these changes are not expected to have any effect on the volume of
tomatoes imported from Spain, and, therefore, are not expected to have
any economic impact. Under the Federal Plant Pest Act and the Plant
Quarantine Act (7 U.S.C. 150dd, 150ee, 150ff, 151-165, and 167), the
Secretary of Agriculture is authorized to regulate the importation of
fruits and vegetables to prevent the introduction of injurious plant
pests.
During 1995 about 12.3 million metric tons of tomatoes were
supplied to the United States market. Domestic production accounted for
about 95.4 percent of total supply. Imports from Spain accounted for
less than one-tenth of one percent of total tomatoes supplied to United
States consumers during 1995. Prices and sources of tomatoes supplied
to the United States market are summarized in the following table.
[[Page 53765]]
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Quantity (metric Total value Average value per Percentage (% of
Source of U.S. tomato supply tons) ($1,000,000) metric ton total supply) \2\
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Domestic Production................ 11,719,214 $1,576.01 $134.48 95.44
Imported Tomatoes \1\.............. 559,117 404.95 724.27 4.45
Spanish Imports.................... 657 1.11 1,695.58 0.0001
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Total Supply................. 12,278,988 1,982.07 161.42 100.0
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\1\ From countries other than Spain.
\2\ Percentage column may not sum due to rounding.
Sources: Agricultural Statistics 1995-96; Table 233 (figures converted to metric tons); USDA-NASS; Washington,
DC.
Foreign Agriculture Trade of the United States--FY 1995 Supplement; Table 25; USDA-ERS; Washington, DC.
It is estimated that annual tomato imports will increase by about
13,700 metric tons under this proposed rule. About 6,000 metric tons
are expected from Chile; the remaining 7,700 metric tons would arrive
from France and Morocco and Western Sahara. Currently, Spanish imports
arrive during the off-season for tomato production in the United States
(December 1 through April 30) and, therefore, do not directly compete
with United States tomatoes produced during the spring and summer
months. Proposed tomato imports from Morocco and Western Sahara will
also be restricted to arrival during the off-season. Imports from Chile
and France will be allowed entry throughout the year. However, Chilean
tomatoes are expected to be primarily imported during the off-season
due to seasonal growing differences between the northern and southern
hemispheres, and shipments from France are likely to fill a special
market niche (for higher quality fresh tomatoes).
Therefore, proposed imports would largely compete with existing
imports rather than with domestic production. This is further supported
by the price per ton that imports currently command in the United
States market. The value of imported tomatoes (from countries other
than Spain) averaged $724 per metric ton during 1995. Spanish imports
averaged $1,695 per metric ton during the same year. This price
discrepancy is likely due to the relatively high quality of off-season
tomato imports from Spain. In contrast to imports, prices for U.S.
produced tomatoes averaged about $161 per metric ton. Price
discrepancies between the import and domestic markets indicate that
imports cannot compete with domestic supplies unless they arrive during
the off-season or for specialty markets. During the off-season there
may be some U.S. producers who grow greenhouse tomatoes at higher than
average prices. However, this price differential is not reflected in
the data.
Even if all the proposed imports were directly substitutable for
domestic supplies, the net impact on United States society is
anticipated to be positive. Assuming a perfectly inelastic supply, a
demand elasticity of -0.5584, an initial quantity supplied of 12.3
million metric tons, and an increase in imports of 13,700 metric tons,
it is estimated that average U.S. tomato prices will decline from
$161.42 to $161.10 per metric ton.2 This represents a price
decrease of $0.32 per metric ton. Consumer welfare would increase by
$3,935,852. United States producers, however, would experience a
revenue decrease of $3,933,660, or about 0.2 percent of the total value
of domestic tomato supplies. This would result in a positive, albeit
small, net impact to United States society totaling about $2,192.
Foreign producers realize a gain of about $2,207,070. These results are
summarized in the following table.
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\2\ The demand elasticity is obtained from J.E. Epperson and
L.F. Lei, ``A Regional Analysis of Vegetable Production with
Changing Demand for Row Crops Using quadratic Programming,''
Southern Journal of Agricultural Economics, Volume 21, Number 1,
July 1989, pp. 87-96.
------------------------------------------------------------------------
U.S. consumer U.S. producer Net gain to U.S. Foreign producer
gain revenue loss society gain
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$3,935,852....... $3,933,660 $2,192 $2,207,070
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This proposed rule would provide U.S. consumers with additional
sources of tomatoes during winter months and for specialty markets.
Domestic producers who propagate greenhouse tomatoes during the off-
season may be slightly impacted. However, it is estimated that this
proposed rule will have a negligible economic impact on domestic tomato
producers. Most imports from Chile and Morocco and Western Sahara will
arrive during the off-season and not directly compete with U.S.
produced tomatoes. Even if imports could be readily substituted for
domestic production, U.S. producers would only be marginally impacted
due to the low volume of expected imports. A relatively small annual
quantity increase (13,700 metric tons valued at $2.2 million) of
imported tomatoes would not likely erode the market share of domestic
producers.
The Regulatory Flexibility Act requires that APHIS specifically
consider the economic impact of this proposed rule on ``small''
entities. The SBA has set forth size criteria by Standard Industrial
Classification (SIC) which was used as a guide in determining which
economic entities meet the definition of a ``small'' business.
The SBA does not maintain specific size standards for domestic
entities that either import or produce tomatoes. Therefore, this
analysis uses the size standards established for Vegetable and Melon
Producers (SIC code 0161) and Wholesale Traders of Fresh Fruits and
Vegetables (SIC code 5148). The SBA's definition of a ``small'' entity
included in the vegetable and melon producer classification is one that
generates less than $500,000 in annual receipts.3 Wholesale
traders of fresh fruits and vegetables are classified as ``small'' if
they employ fewer than 100 people.
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\3\ Small Business Administration; Washington, DC. SBA data was
modified by tomato specific information contained in the 1992 Census
of Agriculture.
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Currently there are about 15,438 ``small'' tomato producers and
5,122 ``small'' wholesale traders of fresh fruits and vegetables
according to the SBA criteria. The proposed rule change could
negligibly impact some ``small'' domestic entities. However, because
the supply of tomatoes in the United States market would only increase
by about
[[Page 53766]]
13,700 metric tons (less than one-tenth of one percent of total
domestic supply) and domestic producers would continue to supply more
than 95 percent of the tomatoes consumed in the United States each
year, it does not appear that this proposed rule would have a
significant economic impact on ``small'' entities. However, APHIS
invites public comments concerning the potential economic effects of
this proposed rule change on ``small'' United States entities. The
Agency is particularly interested in identifying potential economic
impacts on United States entities that produce tomatoes during the
winter months. All comments will be considered prior to finalization of
this Regulatory Flexibility Analysis.
Reporting and recordkeeping requirements of the proposed rule are
described below under ``The Paperwork Reduction Act'' section of this
document.
Executive Order 12778
This proposed rule would allow the importation of tomatoes from
France, Morocco and Western Sahara, and Chile under certain conditions.
If this proposed rule is adopted, State and local laws and regulations
regarding tomatoes imported under this rule would be preempted while
the fruit is in foreign commerce. Tomatoes are generally imported for
immediate distribution and sale to the consuming public, and would
remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce ceases in other cases must be
addressed on a case-by-case basis. If this proposed rule is adopted, no
retroactive effect would be given to this rule, and this rule would not
require administrative proceedings before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 97-016-1.
Please send a copy of your comments to: (1) Docket No. 97-016-1,
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,
Washington, DC 20250. A comment to OMB is best assured of having its
full effect if OMB receives it within 30 days of publication of this
proposed rule.
We are proposing to allow tomatoes from France, Morocco and Western
Sahara, and Chile to be imported into the United States subject to
certain conditions. We are also proposing to amend the regulations
pertaining to importation of tomatoes from Spain by requiring
containers of pink or red tomatoes to be sealed before shipment if the
containers will transit any other fruit fly supporting areas while en
route to the United States, and by requiring records to be kept by
Spain's plant protection service regarding trapping practices and fruit
fly captures. These proposed regulatory revisions would facilitate the
importation of tomatoes from France, Morocco and Western Sahara, Chile
and Spain while ensuring that tomatoes imported into the United States
do not harbor insect pests such as the Mediterranean fruit fly, tomato
fruit moth, and tomato fruit fly.
The implementation of these proposed regulatory actions would
require us to engage in certain information collection activities. We
are seeking approval from the Office of Management and Budget (OMB) to
engage in these information collection activities, which are described
below.
Phytosanitary certificate: The proposed rule would require that
pink or red tomatoes imported into the United States from registered
greenhouses in the Brittany Region of France and pink tomatoes imported
into the United States from registered greenhouses in El Jadida and
Safi Provinces, Morocco, and Dahkla Province, Western Sahara, be
accompanied by a phytosanitary certificate. The certificate would be
issued by a representative of the plant protection agency in the
respective country of origin after the representative examines the
shipment and ensures that it has been prepared in compliance with our
regulations.
Records of Medfly trap placement and Medfly captures: The proposed
rule would require that Medfly traps be placed in and/or around
registered greenhouses in Almeria Province, Spain; El Jadida and Safi
Provinces, Morocco; Dahkla Province, Western Sahara; and the Brittany
Region of France. Representatives from the respective national plant
protection agencies would be responsible for recording trap placement,
checking of traps, and Medfly captures. This information would be made
available to APHIS upon request.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection requirements.
We need this outside input to help us:
(1) Evaluate whether the information collection is necessary for
the proper performance of our agency's functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.670 hours per response.
Respondents: Foreign plant health protection authorities.
Estimated number of respondents: 6.
Estimated annual number of responses: 328.
Estimated average number of responses per respondent: 54.66.
Estimated total annual burden on respondents: 220 hours.
Copies of this information collection can be obtained from:
Clearance Officer, OIRM, USDA, Room 404-W, 14th Street and Independence
Ave., SW., Washington, DC 20250.
List of Subjects
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery Stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, and Vegetables.
Accordingly, title 7, chapter III, of the Code of Federal
Regulations would be amended as follows:
PART 300--INCORPORATION BY REFERENCE
1. The authority citation for part 300 would continue to read as
follows:
[[Page 53767]]
Authority: 7 U.S.C. 150ee, 154, 161, 162 and 167; 7 CFR 2.22,
2.80, and 371.2(c).
2. In Sec. 300.1, paragraph (a), introductory text, would be
revised to read as follows:
Sec. 300.1 Materials incorporated by reference.
(a) Plant Protection and Quarantine Treatment Manual. The Plant
Protection and Quarantine Treatment Manual, which was reprinted
November 30, 1992, and includes all revisions through [insert date],
has been approved for incorporation by reference in 7 CFR chapter III
by the Director of the Office of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
3. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
4. In Sec. 319.56-2t, the table would be amended by revising the
entry for tomato from Spain and by adding new entries for tomato from
France and Morocco and Western Sahara, in alphabetical order, to read
as follows:
Sec. 319.56-2t Administrative instructions: conditions governing the
entry of certain fruits and vegetables.
* * * * *
----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
France.................................. Tomato....... (Lycopersicon esculentum)............. Fruit, only if
it is green
upon arrival
in the United
States (pink
or red fruit
may only be
imported from
the Region of
Brittany and
only in
accordance
with Sec.
319.56-2dd of
this subpart).
* * * * * *
*
Morocco and Western Sahara.............. Tomato....... (Lycopersicon esculentum)............. Fruit, only if
it is green
upon arrival
in the United
States (pink
fruit may only
be imported
from El Jadida
or Safi
Province,
Morocco, or
Dahkla
Province,
Western
Sahara, and
only in
accordance
with Sec.
319.56-2dd of
this subpart).
* * * * * *
*
Spain................................... Tomato....... (Lycopersicon esculentum)............. Fruit, only if
it is green
upon arrival
in the United
States (pink
or red fruit
may only be
imported from
Almeria
Province and
only in
accordance
with Sec.
319.56-2dd of
this subpart).
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
5. Section 319.56-2dd would be revised to read as follows:
Sec. 319.56-2dd Administrative instructions: conditions governing the
entry of tomatoes.
(a) Tomatoes (fruit) (Lycopersicon esculentum) from Spain. Pink or
red tomatoes may be imported into the United States from Spain only
under the following conditions: 1
---------------------------------------------------------------------------
\1\ The surface area of a pink tomato is more than 30 percent
but not more than 60 percent pink and/or red. The surface area of a
red tomato is more than 60 percent pink and/or red. Green tomatoes
may be imported in accordance with Sec. 319.56-2t of this subpart.
---------------------------------------------------------------------------
(1) The tomatoes must be grown in the Almeria Province of Spain in
greenhouses registered with, and inspected by, the Spanish Ministry of
Agriculture, Fisheries, and Food (MAFF);
(2) The tomatoes may be shipped only from December 1 through April
30, inclusive;
(3) Two months prior to shipping, and continuing through April 30,
MAFF must set and maintain Mediterranean fruit fly (Medfly) traps
baited with trimedlure inside the greenhouses at a rate of four traps
per hectare. In all areas outside the greenhouses and within 8
kilometers, including urban and residential areas, MAFF must place
Medfly traps at a rate of four traps per square kilometer. All traps
must be checked every 7 days;
(4) Capture of a single Medfly in a registered greenhouse will
immediately result in cancellation of exports from that greenhouse
until the source of infestation is determined, the Medfly infestation
is eradicated, and measures are taken to preclude any future
infestation. Capture of a single Medfly within 2 kilometers of a
registered greenhouse will necessitate increasing trap density in order
to determine whether there is a reproducing population in the area.
Capture of two Medflies within 2 kilometers of a registered greenhouse
and within a 1-month time period will result in cancellation of exports
from all registered greenhouses within 2 kilometers of any of the finds
until the source of infestation is determined and the Medfly
infestation is eradicated;
(5) MAFF must maintain records of trap placement, checking of
traps, and any Medfly captures, and must make the records available to
APHIS upon request;
(6) The tomatoes must be packed within 24 hours of harvest. They
must be safeguarded by a fruit fly-proof mesh screen or plastic
tarpaulin while in transit to the packing house and while awaiting
packing, and packed in fruit fly-proof containers for transit to the
airport and subsequent shipping to the United States. Transit through
other fruit fly supporting areas is prohibited unless the fruit fly-
proof containers are sealed by MAFF before shipment and the official
seal number is recorded on the phytosanitary certificate; and
(7) MAFF is responsible for export certification inspection and
issuance of phytosanitary certificates. Each shipment of tomatoes must
be accompanied by a phytosanitary certificate issued by MAFF and
bearing the declaration, ``These tomatoes were grown in registered
greenhouses in Almeria Province in Spain.''
(b) Tomatoes (fruit) (Lycopersicon esculentum) from France. Pink or
red tomatoes may be imported into the United States from France only
under the following conditions: \1\
(1) The tomatoes must be grown in the Brittany Region of France in
greenhouses registered with, and
[[Page 53768]]
inspected by, the Service de la Protection Vegetaux (SRPV);
(2) From June 1 through September 30, SRPV must set and maintain
one Medfly trap baited with trimedlure inside and one outside the
greenhouse and must check the traps every 7 days;
(3) Capture of a single Medfly inside or outside a registered
greenhouse will immediately result in cancellation of exports from that
greenhouse until the source of the infestation is determined, the
Medfly infestation is eradicated, and measures are taken to preclude
any future infestation;
(4) SRPV must maintain records of trap placement, checking of
traps, and any Medfly captures, and must make them available to APHIS
upon request;
(5) From June 1 through September 30, the tomatoes must be packed
within 24 hours of harvest. They must be safeguarded by fruit fly-proof
mesh screen or plastic tarpaulin while in transit to the packing house
and while awaiting packing, and be packed in fruit fly-proof containers
for transit to the airport and subsequent shipping to the United
States. At all times of the year, transit through other fruit fly
supporting areas is prohibited unless the fruit fly-proof containers
are sealed by SRPV before shipment and the official seal number is
recorded on the phytosanitary certificate; and
(6) SRPV is responsible for export certification inspection and
issuance of phytosanitary certificates. Each shipment of tomatoes must
be accompanied by a phytosanitary certificate issued by SRPV and
bearing the declaration, ``These tomatoes were grown in registered
greenhouses in the Brittany Region of France.''
(c) Tomatoes (fruit) (Lycopersicon esculentum) from Morocco and
Western Sahara. Pink tomatoes may be imported into the United States
from Morocco and Western Sahara only under the following conditions:
\1\
(1) The tomatoes must be grown in the provinces of El Jadida or
Safi in Morocco or in the province of Dahkla in Western Sahara in
insect-proof greenhouses registered with, and inspected by, the
Moroccan Ministry of Agriculture, Division of Plant Protection,
Inspection, and Enforcement (DPVCTRF);
(2) The tomatoes may be shipped from Morocco and Western Sahara
only between December 1 and April 30, inclusive;
(3) Beginning 2 months prior to the start of the shipping season
and continuing through the end of the shipping season, DPVCTRF must set
and maintain Mediterranean fruit fly (Medfly) traps baited with
trimedlure inside the greenhouses at a rate of four traps per hectare.
In Morocco, traps must also be placed outside registered greenhouses
within a 2 kilometer radius at a rate of four traps per square
kilometer. In Western Sahara, a single trap must be placed outside each
registered greenhouse. All traps in Morocco and Western Sahara must be
checked every 7 days;
(4) DPVCTRF must maintain records of trap placement, checking of
traps, and any Medfly captures, and make the records available to APHIS
upon request;
(5) Capture of a single Medfly in a registered greenhouse will
immediately result in cancellation of exports from that greenhouse
until the source of the infestation is determined, the Medfly
infestation has been eradicated, and measures are taken to preclude any
future infestation. Capture of a single Medfly within 200 meters of a
registered greenhouse will necessitate increasing trap density in order
to determine whether there is a reproducing population in the area. Six
additional traps must be placed within a radius of 200 meters
surrounding the trap where the Medfly was captured. Capture of two
Medflies within 200 meters of a registered greenhouse and within a 1
month time period will necessitate Malathion bait sprays in the area
every 7 to 10 days for 60 days to ensure eradication;
(6) The tomatoes must be packed within 24 hours of harvest. They
must be safeguarded by a fruit fly-proof mesh screen or plastic
tarpaulin while in transit to the packing house and while awaiting
packing, and packed in fruit fly-proof containers for transit to the
airport and subsequent shipping to the United States. The tomatoes must
be pink at the time of packing. Transit through other fruit fly
supporting areas is prohibited unless the fruit fly-proof containers
are sealed by the Moroccan Ministry of Agriculture, Fresh Product
Export (EACCE), before shipment and the official seal number is
recorded on the phytosanitary certificate; and
(7) EACCE is responsible for export certification inspection and
issuance of phytosanitary certificates. Each shipment of tomatoes must
be accompanied by a phytosanitary certificate issued by EACCE and
bearing the declaration, ``These tomatoes were grown in registered
greenhouses in El Jadida or Safi Province, Morocco, and were pink at
the time of packing'' or ``These tomatoes were grown in registered
greenhouses in Dahkla Province, Western Sahara and were pink at the
time of packing.''
(d) Tomatoes from Chile. Tomatoes (fruit) (Lycopersicon esculentum)
from Chile, whether green or at any stage of ripeness, may be imported
into the United States only under the following conditions:
(1) The tomatoes must be treated in Chile with methyl bromide in
accordance with the PPQ Treatment Manual. The treatment must be
conducted in facilities registered with the Secretario de Agricultura y
Ganaderia (SAG) and with APHIS personnel monitoring the treatments;
(2) The tomatoes must be treated and packed within 24 hours of
harvest. Once treated, the tomatoes must be safeguarded by a fruit fly-
proof mesh screen or plastic tarpaulin while in transit to the packing
house and while awaiting packing, and be packed in fruit fly-proof
containers under APHIS monitoring for transit to the airport and
subsequent shipping to the United States; and
(3) Tomatoes may be imported into the United States from Chile only
if SAG has entered into a trust fund agreement with APHIS for that
shipping season. This agreement requires SAG to pay in advance all
costs that APHIS estimates it will incur in providing the preclearance
services prescribed in this section for that shipping season. These
costs will include administrative expenses incurred in conducting the
preclearance services; and all salaries (including overtime and the
Federal share of employee benefits), travel expenses (including per
diem expenses), and other incidental expenses incurred by the
inspectors in providing these services. The agreement requires SAG to
deposit a certified or cashier's check with APHIS for the amount of
these costs for the entire shipping season, as estimated by APHIS based
on projected shipment volumes and cost figures from previous
inspections. The agreement further requires that, if the initial
deposit is not sufficient to meet all costs incurred by APHIS, SAG must
deposit with APHIS another certified or cashier's check for the amount
of the remaining costs, as determined by APHIS, before the inspections
will be completed. The agreement also requires that, in the event of
unexpected end-of-season costs, SAG must deposit with APHIS a certified
cashier's check sufficient to meet such costs as estimated by APHIS,
before any further preclearance services will be provided. If the
amount SAG deposits during a shipping season exceeds the total cost
incurred by APHIS in providing preclearance services, the difference
will be returned to SAG by APHIS at the end of the shipping season.
[[Page 53769]]
Done in Washington, DC, this 9th day of October 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-27427 Filed 10-15-97; 8:45 am]
BILLING CODE 3410-34-P
