96-12185. The Application of Irradiation to Phytosanitary Problems  

  • [Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
    [Rules and Regulations]
    [Pages 24433-24439]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-12185]
    
    
    
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    Federal Register / Vol. 61, No. 95 / Wednesday, May 15, 1996 / Rules 
    and Regulations
    
    [[Page 24433]]
    
    
    
    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    7 CFR Part 319
    
    [Docket No. 95-088-1]
    
    
    The Application of Irradiation to Phytosanitary Problems
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Notice of policy.
    
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    SUMMARY: This document sets forth a policy statement that shares 
    positions and policies of the Animal and Plant Health Inspection 
    Service (APHIS) concerning the use of irradiation as a treatment for 
    plant pests of quarantine significance.
        In preparing this document, we have reviewed and evaluated 
    pertinent and contemporary information concerning irradiation as a 
    phytosanitary treatment or potential treatment. We have examined this 
    information against the background of regulatory and operational 
    parameters associated with APHIS, Plant Protection and Quarantine's 
    (PPQ's) mission and authority. The objective of this effort has been to 
    generate a reference document that describes policies, procedures, and 
    regulations specifically related to irradiation as a phytosanitary 
    treatment. This document is designed for review and comment.
    
    ADDRESSES: There are several ways to comment on this document. Because 
    we hope to develop a dialogue among persons interested in contributing 
    to the improvement of these policies, the preferred method of 
    commenting is to subscribe to an e-mail mailing list we are 
    establishing for the discussion of the policy issues. After you 
    subscribe, on an ongoing basis you will receive e-mail copies of all 
    comments submitted to the mailing list. Those wishing to subscribe to 
    this service should send an e-mail message to 
    majordomo@info.aphis.usda.gov''--without the quotation marks--and 
    leave the subject area empty. In the body of the message, type 
    ``subscribe irrad''--again without the quotes--and then send the 
    message.
        You can also subscribe to this mailing list or file individual e-
    mail comments using a form contained in a World Wide Web site devoted 
    to this document. The site also contains downloadable copies of this 
    document and may also have additional background documents on 
    irradiation, and links to other sites concerning radiation and the 
    irradiation of products. The address (URL) of the World Wide Web site 
    is: www.aphis.usda.gov/ppd/irrad.
        You may also submit comments by postal mail. To do so, please send 
    an original and three copies of your comments to Docket No. 95-088-1, 
    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. 95-046-1. Postal and e-mail 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 
    inspect comments are requested to call ahead on (202) 690-2817 to 
    facilitate entry into the comment reading room.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Robert Griffin, Senior Plant 
    Pathologist, USDA, APHIS, PPD, 4700 River Road Unit 117, Riverdale, MD 
    20737-1228; (301) 734-3576; e-mail rgriffin@aphis.usda.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Development of Policy Statement
    
        The first draft of these positions and policies was introduced in 
    October 1994 during the annual meeting of the North American Plant 
    Protection Organization (NAPPO). Subsequent review has included NAPPO 
    participants and a broadening circle of individual experts, 
    organizations, and agencies interested in, involved in, or impacted by 
    irradiation as a phytosanitary treatment. Numerous modifications have 
    been made as additional information has been collected and reviewed. 
    This document is not final or authoritative, and does not establish any 
    agency requirements. Any requirements concerning irradiation that APHIS 
    develops will be promulgated through rulemaking published in the 
    Federal Register.
        Since 1989, the only formally adopted regulatory policy for 
    irradiation as a phytosanitary treatment in the United States has been 
    based on Title 7 of the Code of Federal Regulations (7 CFR 318.13-4f, 
    ``Administrative instructions for approving an irradiation treatment as 
    a condition for certification of papayas for movement from Hawaii''). 
    This authorization is specific for a commodity, place of origin, and 
    program, but is designed for a complex of fruit flies rather than a 
    single pest. While routine commercial shipments were never realized 
    under this regulation due to the lack of a treatment facility in 
    Hawaii, the authorization has proven useful from the standpoint of 
    beginning to establish policies for irradiation as a phytosanitary 
    treatment in the United States.
        Six years later, PPQ remains dedicated to using the most up-to-
    date, appropriate and least intrusive technology to provide quarantine 
    security, and the need for alternative treatments and pest mitigation 
    systems is greater than ever. Global trade pressures and the possible 
    loss of methyl bromide as a fumigant for regulatory pest treatments 
    make it imperative that practical treatment options be explored.
        At the same time, irradiation treatment has matured significantly. 
    Technological advances, greater experience, and an increasingly larger 
    body of research indicate that irradiation has important potential as a 
    treatment for quarantine pest problems.
        It is in this light that PPQ now seeks to expand the regulatory 
    framework addressing irradiation treatment and develop comprehensive 
    policy statements that will facilitate the development and 
    formalization of new treatments for phytosanitary applications. This 
    policy statement provides a sketch from which final policies can be 
    codified after broad review and input.
    
    Position Summary
    
        The regulations at 7 CFR 318.13-4f provide administrative 
    instructions for an irradiation treatment as a condition for the 
    certification of fresh papayas
    
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    moving to the mainland States from Hawaii. These were the first 
    regulations authorizing the use of irradiation as a quarantine 
    treatment, and the regulations set a number of policy precedents. The 
    regulations included the following five basic principles or policies 
    for irradiation:
        1. Requirement that irradiation facilities meet certain APHIS 
    standards;
        2. Monitoring based on inspection of treatment records and 
    unannounced visits;
        3. Policy that the Department is not responsible for damage 
    resulting from intolerance to the prescribed dose;
        4. Reliance on the authority and regulations of the United States 
    Nuclear Regulatory Commission to ensure U.S. facilities are constructed 
    and operated in a safe manner; and
        5. Reliance on the authority and regulations of the United States 
    Food and Drug Administration (FDA) to ensure irradiated foods are 
    wholesome for human consumption.
        The precedents described above remain valid to the extent that the 
    same would apply to any new regulations developed by PPQ for the 
    authorization of other treatments. However, additional clarity and 
    completeness are necessary to address the range of commodity, pest, 
    treatment, and operational issues potentially involved with the 
    approval of irradiation treatments for phytosanitary problems. In 
    addition, new information needs to be considered in adjusting existing 
    policies, and program designs must be adapted to address the unique 
    situations created by authorizing treatments conducted outside the 
    United States. Therefore, in addition to the five policy precedents 
    established by the existing regulations, APHIS has identified 28 
    additional policies, for a total of 33 policies relevant to 
    irradiation.
        The following are summary statements of the 28 additional policies 
    and positions:
        6. PPQ does not endorse the position that irradiation treatment 
    should be the only replacement for methyl bromide. PPQ believes that 
    there is adequate scientific evidence to show that irradiation provides 
    an alternative treatment to be explored and developed, and PPQ 
    recognizes that irradiation has potentially broad applications in the 
    treatment of quarantine plant pests.
        7. The highest priority for treatment approval is generally given 
    to treatments deemed by PPQ to have the greatest potential immediate 
    need, use, and benefit.
        8. Treatment schedules approved by PPQ must have been demonstrated 
    experimentally to achieve the level of efficacy required for a defined 
    level of quarantine security.
        9. To the extent possible, PPQ will ensure consistent requirements 
    for both import and export authorizations, and align domestic 
    requirements with foreign requirements as fairly as possible.
        10. Specific authorizations for the use of irradiation as a 
    phytosanitary treatment will initially be provided by PPQ on a case by 
    case basis following a pest risk analysis, the evaluation of efficacy 
    data, and the approval of operational protocols.
        11. Irradiation may be used as a single treatment achieving 
    quarantine security, or as part of a multiple treatment, or as a 
    component in a pest mitigation system (systems approach).
        12. Measures aimed at reducing pest presence prior to treatment are 
    encouraged but will not be required for treatments achieving quarantine 
    security. However, a very low initial infestation rate is important for 
    enhancing the acceptance and use of irradiation as a treatment and for 
    alleviating regulatory concerns arising from the detection of living 
    pests in the irradiated product.
        13. In those instances where pest organisms survive treatment, it 
    is essential for quarantine purposes that the organism is unable to 
    reproduce, and it is desirable for the organism to be unable to emerge 
    from the commodity unless it can be easily distinguished from a non-
    irradiated pest of the same species.
        14. Live stages of pest organisms, or their signs or symptoms, 
    found in a commodity following a PPQ prescribed and approved 
    irradiation treatment will be presumed by PPQ to have been effectively 
    treated unless evidence exists to indicate that the integrity of the 
    treatment was inadequate. PPQ may perform or require laboratory or 
    other analyses on surviving pest organisms, or employ any available 
    technology to verify efficacy. Authorizations may be suspended or 
    modified and the requirements for system integrity may be adjusted 
    based upon the results of such studies.
        15. Ionizing energy (radiation) may be provided by radionuclides 
    (gamma rays from cobalt-60 or cesium-137), electrons generated from 
    machine sources, or by x-rays. PPQ is not concerned with specifically 
    describing the requirements for equipment except to the extent that 
    equipment used for plant quarantine treatments is capable of 
    irradiating commodities to the specifications required for approved 
    treatments.
        16. Irradiation treatment must be carried out to ensure that the 
    minimum absorbed dose (Dmin) required to assure quarantine security is 
    fully attained throughout the commodity. The schedule process for Dmin 
    must account for uncertainty associated with the dosimetry system 
    employed.
        17. Definition of the lower dose limit is essential to the approval 
    of irradiation treatments for quarantine purposes. Definition of the 
    upper dose limit is not critical to determining quarantine security, 
    but is important from a quality standpoint and to identify potential 
    problems with the FDA limit for the maximum dose for food (currently 1 
    kilogray - see 21 CFR 179.26). PPQ will not be concerned with defining 
    the upper dose limit except to the extent that it is necessary to 
    determine the feasibility of a particular treatment.
        18. Treatments must be proven with adequate dosimetry in accordance 
    with relevant internationally accepted standards, such as those 
    published by the American Society for Testing and Materials (ASTM) or 
    similar organizations. The dosimetry systems must be completely 
    described, including records related to identifying specific suppliers, 
    batches, processing dates, locations, and procedures as well as the 
    means of calibration (reference dosimetry) used.
        19. PPQ will confer with the Agricultural Research Service (ARS), 
    United States Department of Agriculture (USDA) concerning the adequacy 
    of treatment data, research protocols, and treatment design. ARS will 
    identify or concur with the minimum dose for efficacy at the level 
    defined by PPQ as providing quarantine security for a pest or complex 
    of pests. Other experts may also be asked to provide input.
        20. Dosages may be generic relative to a pest group or to a 
    commodity.
        21. PPQ may prescribe treatments with doses higher than what is 
    indicated as effective by available data. This will be done to expedite 
    the incorporation of new treatments while providing a measure of safety 
    when PPQ and ARS judge the data to be inconclusive to the extent 
    necessary for approving a less rigorous treatment. All treatments will 
    be subject to amendment as new information is evaluated. PPQ expects 
    that modifications to an existing treatment will be more easily and 
    quickly accomplished than approval of a new treatment.
        22. An irradiation program protocol, describing the details of a 
    program surrounding a specific commodity treatment and facility 
    processes (import or export, domestic or foreign), will be developed 
    prior to the approval of a new facility or a new commodity for an 
    existing facility.
    
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        23. Treatment facilities must be licensed by relevant national 
    authorities. When not conflicting with national authority, compliance 
    with the criteria of the International Inventory of Authorized Food 
    Irradiation Facilities, established by the International Consultative 
    Group on Food Irradiation (ICGFI), is also recommended for facilities 
    treating food items.
        24. Treatment facilities will be subject to the prior approval of 
    PPQ and will be subject to periodic unannounced monitoring. 
    Recertification by PPQ will be done on an annual basis or following 
    repairs, modifications, or adjustments in equipment affecting the 
    delivery of treatments. Source replenishment (in the case of 
    radionuclide facilities) will require additional dose mapping.
        25. Dose mapping of the product in every geometric packing 
    configuration, arrangement, and product density that will be used 
    during routine treatments will be required prior to PPQ approval of a 
    facility. Dose mapping must be performed in accordance with relevant 
    internationally accepted standards such as those published by ASTM or 
    similar organizations.
        26. The irradiation treatment can be applied as an integral part of 
    packing operations, or it may be done at a central location such as the 
    port of embarkation after packing or packaging. Treatment may also be 
    performed at the port of arrival or a designated location in the 
    destination country when safeguards are deemed by PPQ to be adequate 
    and operationally feasible.
        27. The irradiation treatment may be applied to bulk or continuous 
    unpackaged commodities, or the commodities may be packaged at the time 
    of treatment. If unpackaged or exposed in packaging,1 commodities 
    will require safeguarding immediately following treatment to ensure 
    that they do not become reinfested or contaminated after treatment.
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        \1\ Note: Packaging materials may require FDA approval.
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        28. Treated and untreated commodities must be adequately segregated 
    and handled under conditions that will safeguard against cross-
    infestation or mistaken identity. Appropriate procedures specific to 
    each facility and commodity treatment program must be approved by PPQ 
    in advance.
        29. Direct PPQ supervision of treatment programs may not be 
    necessary for programs deemed by PPQ to provide adequate system 
    integrity. Minimum criteria include PPQ approval of the treatment 
    facility, National Plant Protection Organization (NPPO) certification 
    of treatments, and PPQ approval of a program protocol for system 
    integrity. PPQ will directly and routinely verify the adequacy of 
    treatment facilities. PPQ presence may also be necessary for the 
    monitoring of related program activities and system integrity.
        30. Requirements for program protocols and system integrity will be 
    harmonized with FDA, the USDA Food Safety Inspection Service (FSIS), 
    and other regulatory authorities to the extent possible.
        31. Phytosanitary certificates issued in accordance with the 
    International Plant Protection Convention (IPPC) may be used as 
    official documentation verifying the successful completion of a 
    treatment. Certificates must specifically identify the treated lot and 
    record the prescribed minimum dose and the verified minimum dose. The 
    maximum dose may also be required in order to comply with FDA 
    requirements for some commodities.
        32. PPQ is committed to harmonizing with other U.S. agencies, 
    States, foreign counterparts, and regulatory bodies involved with the 
    development, approval, and application of irradiation treatments for 
    phytosanitary problems. PPQ will make every attempt to avoid overlap, 
    conflict, and ambiguity associated with the relationship of PPQ 
    regulations to those of other authorities.
        33. PPQ is committed to increasing its own depth of understanding 
    concerning irradiation as a treatment for phytosanitary problems and 
    expanding its expertise for the approval of treatments and the 
    certification of facilities.
    
    Research Protocols
    
    General PPQ Requirements for the Acceptance of Irradiation as a 
    Quarantine Treatment
    
        Irradiation as a single treatment, part of a multiple treatment, or 
    combined with other pest mitigation measures as a component of a 
    systems approach, must have a scientifically demonstrated level of 
    efficacy. The research necessary to demonstrate efficacy for PPQ begins 
    with laboratory scale tests designed to provide results that can be 
    analyzed statistically to hypothesize the parameters necessary to 
    attain a defined level of quarantine security.
        Unlike most other PPQ treatment approvals, irradiation treatments 
    may not always require a second level of confirmatory testing to 
    demonstrate that the treatment is efficacious under the conditions 
    associated with the commercial treatment of the commodity. However, the 
    equipment, processes, and dosimetry for any specific treatment facility 
    must be approved and monitored by PPQ to ensure that commercial 
    treatments comply with the parameters for approved treatments.
        Judging the feasibility of treatments for commercial applications 
    is outside the scope of PPQ's authority and responsibility. Likewise, 
    concerns related to phytotoxicity and issues of quality are not the 
    responsibility of PPQ. Therefore, primary responsibility falls upon the 
    research and commercial sectors to ensure that treatments demonstrated 
    to be efficacious against pests of quarantine concern are also 
    practical for commercial use.
        The efficacy of the treatment as demonstrated against naked pests 
    in vitro is the primary criterion for approval in most cases,2 but 
    concurrent phytotoxicity studies are important and appropriate in order 
    to determine the commercial feasibility of proposed treatments even 
    though data of this nature will not normally be required by PPQ to 
    demonstrate efficacy.
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        \2\ The FDA establishes the maximum absorbed ionizing radiation 
    dose for food (currently established at 1 kilogray for the 
    disinfestation of food for arthropods--21 CFR 179.26). Irradiation 
    treatments designed for the treatment of other than arthropods in 
    food must receive FDA approval as well.
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    General Research Protocol
    
    If Unknown, Determine the Pest or Pests That Are of Quarantine 
    Significance and Would be Expected to be Found on or Within the 
    Commodity at the Time of Export
    
        Submit this information to PPQ for concurrence. PPQ will assess the 
    risks associated with any quarantine significant pest or pests. 
    Irradiation may serve as the means of mitigating the risks identified 
    in the risk analysis process.
    
    Determine the Most Tolerant Life-stage of the Pest(s) of Concern That 
    Would be Encountered at the Time of Treatment
    
        If not documented in the literature, this must be determined 
    through research. Research to determine the most tolerant life-stage 
    may be done with naked organisms outside the commodity. Submit this 
    information to PPQ for concurrence.
    
    Determine the Minimum Absorbed Dosage (Dmin) and the Type of Radiation 
    Required to Maintain Quarantine Security
    
        Experimental design must utilize sampling methods and sample sizes 
    appropriate for statistical tests to be used. In some instances, 
    efficacy may be
    
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    inferred from the literature for related species and commodities when 
    complete laboratory investigations are not possible.3 The means of 
    calibration (reference dosimetry) must be described in detail and 
    should be developed in accordance with relevant accepted standards, 
    such as those published by ASTM or similar organizations. Submit the 
    proposed experimental design to PPQ for concurrence.
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        \3\ Quarantine security may be defined in terms of mortality or 
    in terms of other criteria that would ensure that survivors are not 
    able to reproduce and are not confused with untreated pests 
    encountered inside and outside the commodity. In the case of fruit 
    flies, PPQ has established the criterion as ``the non-emergence of 
    adults,'' referring to interruption of the developmental sequence 
    leading to an adult that can emerge from the commodity.
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    Confirm That the Proposed Irradiation Dosage Will Provide Quarantine 
    Security by Testing Large Numbers of Organisms
    
        Submit the proposed experimental design to PPQ for concurrence. 
    Analyze data statistically.
    
    Analyze data statistically
    
        Submit the proposed statistical methodology to PPQ for concurrence.
    
    Describe Specific Conditions Necessary for Commercial Application of 
    the Proposed Treatment Methodology. Specify Maximum and Minimum 
    Absorbed Dose
    
        Submit proposed treatment regime and conditions necessary for 
    commercial-scale treatment to PPQ for review. This does not mean that 
    commercial-scale testing is necessary, only that the conditions for 
    commercial-scale treatments be described to PPQ prior to building a 
    facility or configuring existing facilities for quarantine treatments. 
    This provides PPQ the opportunity to address components of design, 
    monitoring, safeguarding, and commodity handling that will be essential 
    for the ultimate approval of a specific facility.
    
    Specific Research Protocol: Quarantine Significant Fruit Flies
    
        Quarantine security for a single treatment protocol will be defined 
    as the prevention of adult emergence at the 99.9968 percent level with 
    95 percent confidence as demonstrated by a valid statistical method.
    
    Specific Research Protocol: Quarantine Significant External Feeders, 
    Hitchhikers, and Surface Contaminants
    
        Quarantine security for a single treatment protocol will be defined 
    as achieving 99.9968 percent sterility or mortality at the 95 percent 
    confidence level, depending on the pest. Large scale or commercial 
    confirmatory testing may be waived if satisfactory evidence can be 
    presented showing that conditions in small scale testing are 
    representative of commercial practices.
    
    Specific Research Protocol: Quarantine Significant Systemic Organisms
    
        Quarantine security for a single treatment protocol will be defined 
    as achieving 99.9968 percent sterility or mortality 4 at the 95 
    percent confidence level, depending on the pest. Efficacy must be 
    demonstrated with lab scale testing of organisms in host material.
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        \4\Note: In general, sterility is more acceptable for organisms 
    that remain in (or on) the host. Demonstrating the efficacy of 
    treating organisms for sterility may be difficult to accomplish 
    without full information on the factors favoring successful 
    reproduction.
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    System Integrity (Quality Assurance/Quality Control)
    
        Post-treatment safeguard methods are critical for irradiation 
    treatments, as they are for many other commodity treatments, because 
    the pest may continue to live and develop following treatment. As a 
    result, confidence in the adequacy of irradiation treatment rests with 
    the assurance that the treatment:
        (a) Is efficacious against the pest under specific conditions, and
        (b) Has been properly conducted and the commodity safeguarded.
        To ensure condition (a) is met, strict research protocols and 
    dosimetry requirements prevent lack of efficacy that would lead to 
    treatment failure. Condition (b) is assured by well designed and 
    closely monitored systems for treatment delivery and safeguards that 
    assure system integrity.
        This section addresses the policies being considered by PPQ for 
    ensuring system integrity in the application of irradiation to 
    phytosanitary problems. The focus of these policies is the achievement 
    of quarantine security. Product quality is a commercial responsibility 
    that must also be considered.
    
    A. Pretreatment Conditions
    
        Packers and treatment facility operators must keep complete records 
    concerning sources (growers) supplying commodities for treatment. These 
    records must be available for PPQ review in the event a trace-back is 
    necessary. Trace-back capability is important when pests other than the 
    target pests have been detected.
        Untreated commodities and other agricultural products must be 
    stored separately from treated commodities and appropriately marked. A 
    fail-safe means of moving the commodity from receiving areas to 
    treatment areas in a timely fashion and without mistaken identity or 
    risk of cross-contamination is essential.
        Packaging prior to irradiation is desirable to prevent 
    reinfestation if irradiation is done at the export source, and to 
    prevent the accidental escape of target pests at the destination if the 
    treatment is applied at the destination.
    
    B. Treatment Conditions
    
        An accurate measure of absorbed dose is critical to determining and 
    monitoring adequacy. The required number and frequency of these 
    measurements will be prescribed by PPQ based on the specific equipment, 
    processes, configurations, and commodities.
        Approved, standardized dosimetry must demonstrate that the absorbed 
    dose range, including areas of the minimum and maximum dose is well 
    mapped, controlled, and recorded for specific pests, commodities, and 
    equipment.
        Dosimetry must consider variations due to density and composition 
    of the material treated, variations in shape and size, variations in 
    orientation of the product, stacking, volume, and packaging.
        Absorbed dose must be measured using calibrated dosimeters approved 
    in advance by PPQ. Dosimeters must be calibrated to a recognized 
    national or international standard.
        The number of dosimeters used shall be in accordance with relevant 
    internationally accepted standards, such as those published by ASTM.
        Complete dosimetry records must be kept by the treatment facility 
    for at least 1 year after treatment. These records must be available to 
    PPQ for review at any time.
        Facilities and control procedures must have approval and licensing 
    in conformance with local, national, and, where applicable, 
    international regulatory bodies having authority over the particular 
    situation or location. For non-U.S. locations, PPQ must judge these to 
    be adequate and equivalent to U.S. standards.
        Facilities must be certified by PPQ for use initially and at least 
    annually. An increase or decrease in radioisotope or major modification 
    to equipment that impacts the delivered dose must be reviewed by PPQ 
    prior to recertification. Approval will be based on a common set of 
    criteria plus those specific to the site and commodity programs. 
    Significant variance in dose delivery (based on PPQ monitoring of 
    dosimetry
    
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    records) may provide the basis for requiring recertification.
        Products not treated according to required schedules must be 
    removed and discarded or otherwise eliminated from shipments for 
    export. Retreatment is not allowed unless it can be demonstrated that 
    there is a high degree of confidence that retreatment will not result 
    in misidentification or cross-contamination, or conflict with other 
    restrictions.
    
    C. Post-treatment Conditions
    
        Treated commodities must be protected from reinfestation by pest-
    proof packaging or other safeguards if treated outside the U.S.
        Packages must be marked and labeled with treatment lot numbers and 
    other identifying features allowing the identification of treatment 
    lots and trace-back (packing and treatment facility identification and 
    locations, dates of packing and treatment).
    
    D. Documentation and Monitoring
    
        A phytosanitary certificate will be accepted as certification of 
    treatment. Minimum information to provide includes identification of 
    the shipment by treatment lot and certification of the target minimum 
    dose and the verified minimum absorbed dose.
        The treatment operator must have reliable and probative evidence of 
    correct treatment for each lot certified.
    
    Regulatory Framework
    
    Existing Regulations
    
        Few PPQ treatments are specifically described within the Code of 
    Federal Regulations (CFR). Most approved treatments are included in the 
    PPQ Treatment Manual, which is incorporated into the CFR by reference.
        An irradiation treatment for papayas from Hawaii is the only 
    irradiation treatment currently approved by PPQ. This authorization is 
    specific for a commodity, origin, and program but is designed for a 
    complex of fruit flies rather than a single pest. The authorization has 
    proven useful from the standpoint of beginning to establish policies 
    for irradiation as a phytosanitary treatment in the United States.
    
    Proposed Processes and Structure for New Regulations
    
        The degree of sophisticated work and testing needed to develop and 
    prove an irradiation treatment program make it essential that the 
    criteria for approval be clearly understood in advance. A specific and 
    comprehensive statement of policies combined with a pre-defined 
    strategy for regulatory incorporation are essential to ensuring that 
    the development and implementation of new treatments is not unduly 
    stifled by regulatory requirements nor too liberal as to allow 
    failures.
        PPQ assumes that many additional requests for treatment approvals 
    will be specific for pest-commodity-origin combinations and will 
    include unique provisions for particular program parameters. Single 
    pest treatments as well as broader targets, such as entire groups of 
    pests, are likely to be explored. A number of individual authorizations 
    corresponding to items within regulated commodity groups (such as 
    fruits and vegetables or logs and lumber) will be necessary. There is 
    also the potential for broad spectrum uses resulting in authorizations 
    that cross the lines of existing regulated commodity groups. There is a 
    need to provide general statements of policy and background 
    requirements that pertain to all irradiation treatments. Any 
    requirements concerning irradiation that APHIS develops will be 
    promulgated through rulemaking published in the Federal Register.
        The following is offered as a regulatory framework and policy 
    communication strategy for irradiation treatment:
         Use draft position documents to solicit input in the 
    development of policies and the collection of pertinent information.
         Use Federal Register publication and other methods to 
    widely circulate policy statements.
         Use notice and comment rulemaking to propose and 
    ultimately codify new treatments approved by PPQ.
         Commodity specific treatments may be incorporated through 
    additions to the regulations specific to the commodity group (i.e., 
    fruits and vegetables).
         Treatments with broader applications (either crossing the 
    lines of regulated groups, or having broad spectrum pest effectiveness) 
    may be incorporated into the CFR without being associated with an 
    existing regulated group.
    
    Needs and Unresolved Issues
    
        There is a need to develop standards for conducting and reporting 
    the findings of irradiation efficacy research for quarantine decision 
    making, including:
    
    --Confirmatory testing requirements with sufficient numbers to 
    demonstrate quarantine security
    --Standardized dosimetry and details concerning the methods used
    --Information concerning the condition or viability of test organisms 
    and survivors
    --Information concerning the condition of the commodity before and 
    after treatment
    --Appropriate number of replications
    --Appropriate methods of statistical analysis
    --Criteria for combining data for different organisms or species
    --Criteria for the substitution of organisms
    
        There is a need for additional research on product tolerance, in 
    order to:
    
    --Establish tolerance ranges for more commodities
    --Characterize treatment variables that affect phytotoxicity
    
        There is a need for additional research on the efficacy of 
    irradiation for other pests and diseases, including:
    
    --Data supporting generic doses for commodity and pest groups
    --Treatments for other arthropods, diseases, nematodes, noxious weeds
    --Coordination with other quarantine and food safety concerns, i.e., 
    animal products
    
        Research is needed to develop methods to verify the adequacy of 
    treatments, particularly a means for verifying that a live pest that 
    has survived treatment has been adequately irradiated. This also 
    requires development of dosimeters appropriate to the relatively low 
    levels of irradiation used for quarantine treatments.
        Research is needed to determine the conditions under which in vitro 
    efficacy data can be considered acceptable in lieu of in vivo or in 
    situ data.
        There is a need to increase the number of facilities available for 
    treatment research.
        A coordinated system is needed for storing and accessing data 
    associated with irradiation treatments for quarantine purposes.
        There is a need for integration and coordination with food safety 
    and other authorities involved in regulatory aspects of applying 
    irradiation to agricultural commodities.
        There is a need to identify critical control points for purposes of 
    avoiding hazards (process failures) associated with treatment.
        There is a need to determine the load required to have 
    statistically meaningful results.
        Finally, there is a need to develop estimates of the influence of 
    climate or other environmental effects on the pest's susceptibility to 
    irradiation treatment.
    
    [[Page 24438]]
    
    Current Initiatives
    
    1. Generic Doses for Fruit Flies
    
        An exhaustive review of the scientific literature concerning the 
    efficacy of irradiation treatments for fruit flies in fresh fruits and 
    vegetables has been conducted by ARS with the goal of determining 
    whether generic dosages could be recommended. An evaluation of the 
    results by ARS and PPQ provided the basis for the commodity-generic 
    dosages listed below.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                                             Min.   
               Tephritid species                                    Common name                            absorbed 
                                                                                                          dose (Gy) 
    ----------------------------------------------------------------------------------------------------------------
    Bactrocera dorsalis 5.................  Oriental fruit fly.........................................          250
    Ceratitis capitata....................  Mediterranean fruit fly....................................          225
    Bactrocera cucurbitae.................  Melon fly..................................................          210
    Anastrepha suspensa...................  Caribbean fruit fly........................................          150
    Anastrepha ludens.....................  Mexican fruit fly..........................................          150
    Anastrepha obliqua....................  West Indian fruit fly......................................          150
    Anastrepha serpentina.................  Sapote fruit fly...........................................          150
    Bactrocera tryoni.....................  Queensland fruit fly.......................................          150
    Bactrocera jarvisi....................  (No common name)...........................................         150 
    ----------------------------------------------------------------------------------------------------------------
    5 Unless noted as Bactrocera dorsalis complex, B. dorsalis refers specifically to the species as described by   
      R.A.I. Drew and D.L. Hancock (1994) ``The Bactrocera dorsalis complex of fruit flies (Diptera: Tephritidae:   
      Dacinae) in Asia.'' Bulletin of Entomological Research: Supplemental Series Number 2 in Supplement 2. CAB     
      International, pp 68.                                                                                         
    
        These dosages are generic in the sense that the prescribed dose is 
    deemed appropriate regardless of the commodity. In cases where more 
    than one of the listed species is of concern, the prescribed dose would 
    be the dose for the most tolerant species. All doses are subject to 
    adjustment based on the scientific evidence supporting a different 
    dose.
    
    2. Modification of 7 CFR 318.13-4f (Papaya From Hawaii)
    
        The regulations at 7 CFR 318.13-4f have not been used for routine 
    commercial shipments due to the lack of a treatment facility in Hawaii. 
    Recently however, PPQ has been approached concerning the potential for 
    modifying the existing regulations to allow for shipping to northern 
    areas of the mainland U.S. for treatment, and to include tropical 
    fruits such as lychee, rambutan, carambola, and cherimoya under a 
    modification of the existing authorization for papaya.
        Pest risk analyses have been done or are underway to determine if 
    quarantine significant pests other than fruit flies are associated with 
    other tropical fruits of interest. At the same time, PPQ has authorized 
    a few experimental shipments from Hawaii to Chicago for treatment at 
    the dose prescribed in the existing regulations.
        Test shipments were authorized under strict safeguards and 
    supervision. Each shipment was designed to provide PPQ with information 
    and experience required to determine whether suitable program protocols 
    could be developed and what conditions would be most appropriate. The 
    results may provide sufficient basis for proposing modifications to the 
    existing regulation.
    
    3. Universal Treatment for Logs, Lumber and Unmanufactured Wood 
    Products
    
        Interest is high in exploring the potential to use irradiation as a 
    means to address phytosanitary problems in raw wood products. Logs from 
    Russia are the primary commercial focus at this time.
        Russian researchers have conducted research and provided data in 
    support of adopting a generic dose for treating raw logs. PPQ has 
    formed a science panel consisting of scientists from APHIS, ARS, and 
    the Forest Service to establish a research protocol, review data, and 
    oversee the research effort toward a generic dose providing probit 9 
    mortality for all organisms of concern in logs from Russia. If 
    approved, the treatment will be included among the universal treatment 
    options in 7 CFR 319.40.
    
    Definitions
    
    Absorbed Dose
    
        Quantity of radiation energy imparted per unit of mass of a 
    specified material (D=de/dm). The mathematical relationship is the 
    quotient of de by dm, where de is the mean energy imparted by ionizing 
    radiation to matter of mass dm. The unit of absorbed dose is the gray 
    (Gy) where 1 gray is equivalent to the absorption of 1 joule per 
    kilogram (=100 rad).
    
    Absorbed-Dose Mapping
    
        Measurement of the absorbed-dose distribution within a process load 
    through the use of dosimeters placed at specified locations.
    
    Absorbed-Dose Rate
    
        The absorbed dose in a material per incremental time interval, ie. 
    the quotient of dD by dt (D=dD/dt). The unit for absorbed-dose rate is 
    gray per second (Gy/s)
    
    Dmax
    
        The maximum absorbed dose within the process load.
    
    Dmin
    
        The minimum absorbed dose within the process load.
    
    Dose Uniformity Ratio
    
        Ratio of the maximum to the minimum absorbed dose within the 
    process load. The concept is also referred to as the max/min dose 
    ratio.
    
    U=Dmax/Dmin
    
    Dosimeter
    
        A device that, when irradiated, exhibits a quantifiable change in 
    some property of the device which can be related to absorbed dose in a 
    given material using appropriate analytical instrumentation and 
    techniques.
    
    Dosimetry System
    
        A system used for determining absorbed dose, consisting of 
    dosimeters, measurement instruments and their associated reference 
    standards, and procedures for the system's use.
    
    Efficacy (Treatment)
    
        Capability of a treatment to produce a defined, measurable, and 
    reproducible effect on pests.
    
    Fruit Flies
    
        Quarantine significant species of Tephritidae.
    
    Gray (Gy)
    
        Unit of absorbed dose where 1 Gy is equivalent to the absorption of 
    1 joule per kilogram.
    
    1 Gy = 1 J/kg
    
    
    [[Page 24439]]
    
    
        Formerly, the special unit for absorbed dose was the rad 1 rad = 
    .01 J/kg = .01 GyIonizing radiation.
        Any type of radiation consisting of charged particles or uncharged 
    particles, or both, that as a result of physical interaction, creates 
    ions by either primary or secondary processes. Charged particles could 
    be positive or negative electrons, protons, or other heavy ions, and 
    uncharged particles could be X-rays, gamma rays, or neutrons. (Note: 
    positive electrons, protons, heavy ions, or neutrons are not approved 
    for food irradiation.)
    
    Irradiation
    
        The purposeful application of ionizing radiation (gamma rays, x-
    rays, or electrons) to a product (device or material) to achieve a 
    desired benefit. Gamma rays in commercial irradiation come from 
    radioactive cobalt-60 (60Co) or cesium-137 (137Cs). X-rays 
    (technically referred to as bremsstrahlung) are obtained using high 
    energy electrons from an electron accelerator striking a target. 
    Electrons from an accelerator can also be used to penetrate the product 
    directly.
    
    Kilogray (kGy)
    
        Measure of absorbed dose. 1kGy = 1,000 Gy
    
    Label Dosimeter
    
        A device that can be affixed to an article to be irradiated, and 
    which exhibits a quantifiable change in property which can be related 
    to absorbed dose. This change in property can be measured in situ. 
    (Note: as of 1994, no such devices that have the properties of a 
    dosimeter are commercially available for the levels appropriate to 
    quarantine treatments.)
    
    Measurement Traceability
    
        The ability to demonstrate and document on a continuing basis that 
    the measurement results from a particular measurement system are in 
    agreement with comparable measurement results obtained with a national 
    standard (or some identifiable and accepted standard) to a specified 
    uncertainty.
    
    Pest (Plant)
    
        Any biotic agent capable of causing damage to plants or plant 
    products.
    
    Phytosanitary Treatment
    
        Subjecting or exposing a plant or plant product to a process, 
    action, chemical or a physical influence proved to have a measurable 
    deleterious effect on pest organisms.
    
    Probit 9 (Mortality)
    
        A statistical estimation of 99.99683 percent mortality in a 
    population of live organisms, corresponding to a survival rate of 32 
    individuals per million.
    
    Process Load
    
        A volume of material with a specified loading configuration 
    irradiated as a single entity.
    
    Quarantine Security
    
        A management decision concerning the safety of a defined level of 
    pest risk. Additional mitigation is not required when quarantine 
    security is achieved.
    
    Rad (rad or Radiation Absorbed Dose)
    
        Special unit for absorbed dose that is being superseded by the gray 
    (Gy)
    
    1 rad = 0.01 J/kg = 0.01 Gy
    1 kilorad (krad) = 10 J/kg = 10 Gy
    1 megarad (Mrad) = 1,000 J/kg = 1,000 Gy = 10 kGy
    1Gy = 100 rads
    1 kilogray = 100,000 rads
    
    Radiation-Sensitive Indicators
    
        Materials such as coated or impregnated adhesive-backed substrates, 
    inks, or coatings that may be affixed to, or printed on the irradiation 
    container and that undergo a visual change when exposed to ionizing 
    radiation. These indicators, sometimes referred to as go/no-go 
    indicators, are not dosimeters and are not a substitute for proper 
    dosimetry.
    
    Systems Approach
    
        A combination of multiple safeguards, treatments or other 
    mitigation measures. At least two mitigation measures must act 
    independently to reduce risk.
    
    Validation
    
        Establishing documented evidence that provides a high degree of 
    assurance that a specific process will consistently produce a product 
    (quarantine security) meeting its predetermined specifications and 
    quality characteristics.
    
        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, 371.2(c).
    
        Done in Washington, DC, this 8th day of May 1996.
    Terry L. Medley,
    Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 96-12185 Filed 5-14-96; 8:45 am]
    BILLING CODE 3410-34-P
    
    

Document Information

Published:
05/15/1996
Department:
Animal and Plant Health Inspection Service
Entry Type:
Rule
Action:
Notice of policy.
Document Number:
96-12185
Pages:
24433-24439 (7 pages)
Docket Numbers:
Docket No. 95-088-1
PDF File:
96-12185.pdf
CFR: (1)
7 CFR 319