[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Rules and Regulations]
[Pages 62319-62321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29749]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 94-065-2]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are revising the regulations for the importation of fruits
and vegetables to update provisions for inspections and other
activities at the port of first arrival. We are clarifying the
procedures by which we give notice to an importer that cleaning,
disinfection, disposal, or some other action is required for a shipment
of fruits and vegetables. We are also clarifying the responsibility of
the owner of imported fruits or vegetables for carrying out actions
ordered by an inspector in accordance with the regulations. This action
provides clearer standards for persons who must comply with the
regulations and aids our enforcement of the regulations.
EFFECTIVE DATE: January 5, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Jane Levy or Mr. Frank E. Cooper,
Senior Operations Officers, Port Operations, PPQ, APHIS, Suite 4A03,
4700 River Road Unit 139, Riverdale, MD 20737-1236; (301) 734-8645.
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 injurious insects that
are new to or not widely distributed within and throughout the United
States.
Section 319.56-6 of the regulations addresses requirements for the
inspection and disinfection of imported fruits and vegetables at the
port of first arrival. This section 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 U.S. Department of Agriculture
inspector. The purpose of the inspection or disinfection is to detect
and eliminate plant pests. This section also provides that any shipment
of fruits and vegetables may be refused entry if the shipment is
infested with fruit flies or other dangerous plant pests and an
inspector determines that it cannot be cleaned by disinfection or
treatment, or if the shipment contains leaves, twigs, or other portions
of plants.
Section 319.56-6 also prohibits the movement of imported fruits and
vegetables from the port of first arrival until the inspector gives
notice to the collector of customs that the products have been
inspected and found to be free from infestation and from plants or
portions of plants used as packing or otherwise. This section also
states that the importer is responsible for all charges for storage,
cartage, and labor incident to inspection and disinfection, other than
the services of the inspector.
On July 12, 1995, we published in the Federal Register (60 FR
35871-35873, Docket No. 94-065-1) a proposal to amend the regulations
by revising Sec. 319.56-6 to update provisions for inspections and
other activities at the port of first arrival; to clarify the
procedures by which we give notice to an importer that cleaning,
disinfection, disposal, or some other action is required for a shipment
of fruits or vegetables; and to clarify the responsibility of the owner
of imported fruits or vegetables for carrying out actions ordered by an
inspector in accordance with the regulations. We proposed these
clarifications because the regulations are unclear on some points, and
we have experienced difficulties enforcing some of the requirements
because the regulations do not specify who is responsible for all of
[[Page 62320]]
the activities and costs that may be required to clear a shipment for
entry into the United States. In this proposal, we also proposed to
correct 7 CFR 319.37-6(e) by removing Mexico from the list of countries
with restricted importation of citrus seed due to citrus canker.
We solicited comments concerning our proposal for 60 days ending
September 11, 1995. We received one comment by that date. It was from a
State agency and supported the proposed rule.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This rule clarifies procedures for the inspection and release of
imported fruits and vegetables at the port of first arrival in the
United States. This revision of the regulations updates the regulatory
language to conform to procedures currently in use at ports. These
changes provide a clearer standard for importers of fruits and
vegetables who must comply with the regulations, and will enhance
enforcement of the regulations. The changes do not add any significant
new costs for importers of fruits and vegetables or other persons.
Importers are already responsible for all costs of treatment, movement,
storage, or destruction ordered by an inspector at a port.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule clarifies the requirements at the port of first arrival
for fruits and vegetables imported into the United States. State and
local laws and regulations regarding the importation of fruits and
vegetables under this rule will be preempted while the fruits and
vegetables are in foreign commerce. Fresh fruits and vegetables are
generally imported for immediate distribution and sale to the consuming
public, and will 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. No retroactive effect will
be given to this rule, and this rule will not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 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, Vegetables.
Accordingly, 7 CFR part 319 is amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues 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 2.17, 2.51, and 371.2(c).
Sec. 319.37-6 [Amended]
2. In Sec. 319.37-6, paragraph (e) is amended by removing the word
``Mexico,''.
3. Section 319.56-6 is revised to read as follows:
Sec. 319.56-6 Inspection and other requirements at the port of first
arrival.
(a) Inspection and treatment. All imported fruits or vegetables
shall be inspected, and shall be subject to such disinfection at the
port of first arrival as may be required by an inspector, and shall be
subject to reinspection at other locations at the option of an
inspector. If an inspector finds a plant pest or evidence of a plant
pest on or in any fruit or vegetable or its container, or finds that
the fruit or vegetable may have been associated with other articles
infested with plant pests, the owner or agent of the owner of the fruit
or vegetable shall clean or treat the fruit or vegetable and its
container as required by an inspector, and the fruit or vegetable shall
also be subject to reinspection, cleaning, and treatment at the option
of an inspector at any time and place before all applicable
requirements of this subpart have been accomplished.
(b) Assembly for inspection. The owner or agent of the owner shall
assemble imported fruits and vegetables for inspection at the port of
first arrival, or at any other place prescribed by an inspector, at a
place and time and in a manner designated by an inspector.
(c) Refusal of entry. If an inspector finds that an imported fruit
or vegetable is prohibited or is so infested with a plant pest that, in
the judgment of the inspector, it cannot be cleaned or treated, or
contains soil or other prohibited contaminants, the entire lot may be
refused entry into the United States.
(d) Release for movement. No person shall move from the port of
first arrival any imported fruit or vegetable unless and until an
inspector notifies the person (in person, in writing, by telephone, or
through electronic means) that the fruit or vegetable:
(1) Has been released; or
(2) Requires reinspection, cleaning, or treatment of the fruit or
vegetable at that port or at a place other than the port of first
arrival, or is prohibited and must be exported from the United States.
(e) Notice to owner of actions ordered by inspector. If an
inspector orders any disinfection, cleaning, treatment, reexportation,
or other action with regard to imported fruits or vegetables, the
inspector shall file an emergency action notification (PPQ Form 523)
with the owner of the fruits or vegetables or an agent of the owner.
The owner must, within the time specified in the PPQ Form 523, destroy
the fruits and vegetables, ship them to a point outside the United
States, move them to an authorized site, and/or apply treatments or
other safeguards to the fruits and vegetables as prescribed by an
inspector to prevent the introduction of plant pests into the United
States.
(f) Costs and charges. The Animal and Plant Health Inspection
Service (APHIS), U.S. Department of Agriculture will be responsible
only for the costs of providing the services of an inspector during
regularly assigned hours of duty and at the usual places of duty.1
The owner of imported fruits or vegetables is responsible for all
additional costs of inspection, treatment, movement, storage, or
destruction ordered by an inspector under this subpart, including any
labor, chemicals, packing materials, or other supplies required. APHIS
will not be responsible for any costs or
[[Page 62321]]
charges, other than those identified in this section.
\1\Provisions relating to costs for other services of an
inspector are contained in 7 CFR part 354.
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Done in Washington, DC, this 30th day of November 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-29749 Filed 12-5-95; 8:45 am]
BILLING CODE 3410-34-P
