[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Proposed Rules]
[Pages 35871-35873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17019]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 133 / Wednesday, July 12, 1995 /
Proposed Rules
[[Page 35871]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 94-065-1]
Importation of Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise the regulations for the importation
of fruits and vegetables to update provisions for inspections and other
activities at the port of first arrival. We propose 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 and vegetables. We also propose 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. This
proposed action would provide clearer standards for persons who must
comply with the regulations, and would aid our enforcement of the
regulations.
DATES: Consideration will be given only to comments received on or
before September 11, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 94-065-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1228. Please
state that your comments refer to Docket No. 94-065-1. 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
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
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 (USDA)
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.
We are proposing to revise Sec. 319.56-6 to clarify the activities
that occur at the port of first arrival for imported fruits and
vegetables, and the roles and responsibilities of the USDA and the
importer with regard to these activities. The current language of this
section is unclear on some points, and we have experienced difficulties
enforcing some of the requirements because the current language does
not specify who is responsible for all of the activities and costs that
may be required to clear a shipment for entry into the United States.
We believe the changes we propose for this section would provide a
clearer, more comprehensive standard for importers who must comply with
our requirements, and would provide us with a better basis for
enforcing the requirements of the regulations.
Current Sec. 319.56-6(a) states that imported fruits or vegetables
``shall be subject, as a condition of entry, to such inspection or
disinfection, or both, at the port of first arrival, as shall be
required by the inspector * * *.'' This language does nothing to inform
the importer as to when or why an inspector might order disinfection,
or who is responsible for conducting it. To provide this information,
we propose to add the statement that ``If the 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 as required by an inspector * * *.''
We also propose to amend Sec. 319.56-6(a) to make it clear that
imported fruits and vegetables may 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. The current language only allows inspection and
disinfection at the port of first arrival, and reinspection at
destination.
Also, the current regulations say nothing about where the inspector
will have the opportunity to inspect the imported fruits and
vegetables, or how the importer will cooperate in providing the
opportunity for inspection. Therefore, we propose to add a new
paragraph that requires the owner or agent of the owner to 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.
The language in current Sec. 319.56-6(c), which describes when
imported fruits and vegetables may be removed from
[[Page 35872]]
the port of first arrival, is confusing and misleading. It reads ``No
crate, box, hamper, or other container of fruits or vegetables, or
fruits and vegetables in bulk, shall be removed from the port of first
arrival unless and until a written notice is given to the collector of
customs by the inspector of the United States Department of Agriculture
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.''
We propose to revise this language to make it consistent with the
actual current operating procedures at ports. The proposed revision
would state that no person could move any imported fruit or vegetable
from the port until an inspector notifies the person that the fruit or
vegetable either has been released, or requires reinspection, cleaning,
or treatment at that port or at a place other than the port.
This revision would make it clear that the release for movement
requirements apply to all imported fruits and vegetables, regardless of
whether or how they are packaged. It would also clarify that our
inspector, rather than the collector of customs, gives the notice that
allows articles to move, to the person moving the articles. While we
coordinate our release of materials with customs officials at ports, we
do not need to impose a regulatory requirement to do so; the point of
the notice requirement in this section is to inform the owners of
articles when they can move them as far as USDA is concerned. This
change would also remove the requirement that the notice be written.
Inspectors at ports currently give notice in person, by telephone, in
writing, or by electronic means such as e-mail or entry into an
electronic database. We do not find it necessary to require the actual
notice to be in written form.
This revision would also clarify the standard we apply in deciding
to release a shipment for movement from the port of first arrival. The
current language is misleading, because not all shipments we release
have been ``inspected and found to be free from infestation.'' Some
shipments are released after they are found to be infested and were
successfully disinfected, and some shipments are released to be moved
to some other location for a required treatment. The current language
stating that the products must be free ``from plants or portions of
plants'' is also confusing unless the reader refers back to the
definition of ``plants or portions of plants'' in Sec. 319.56-1. It is
easier to understand that the inspector will release articles after
determining that they comply with the regulatory requirements, as we
propose in the new language.
The current language allows inspectors to order shipments to be
cleaned, disinfected, treated, or refused entry and disposed of, but it
does not specify who the inspector must notify when ordering such
actions. The current regulations also do not make any person clearly
responsible for completing the actions ordered by an inspector. We are
proposing to add a new paragraph requiring that an inspector order such
actions by filing an emergency action notification (PPQ Form 523) with
the owner of the fruit or vegetable or an agent of the owner. We also
propose to add language requiring that the person/company named in the
PPQ Form 523 must, within the time specified in the PPQ Form 523,
destroy the fruits, ship them to a point outside the United States,
move them to an authorized site, and/or apply treatments or other
safeguards to them as prescribed by an inspector to prevent the
introduction of plant pests into the United States. This approach is
consistent with current procedures at ports, and would clarify the
responsibilities of involved parties and aid enforcement of the
regulations.
Finally, current Sec. 319.56-6(d) addresses the responsibility of
the importer for charges ``incident to inspection and disinfection,''
but provides little detail on what activities might result in charges.
We propose to add a new paragraph to state that the Animal and Plant
Health Inspection Service (APHIS) 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. The owner of
imported fruits or vegetables is responsible for all additional costs
of inspection, treatment, storage, movement, or destruction ordered by
an inspector under the regulations, including any labor, chemicals,
packing materials, or other supplies required. APHIS will not be
responsible for any costs or charges, other than those identified in
this section.
Correction of Citrus Canker Status of Mexico
In a final rule published in the Federal Register and effective on
July 23, 1991 (Docket No. 91-022, 56 FR 33703-33704), we removed our
``Citrus Canker--Mexico'' regulations (7 CFR 319.27 through 319.27-11).
This action resulted from our determination that the regulations were
no longer needed because citrus canker no longer existed in Mexico.
Removing the ``Citrus Canker--Mexico'' regulations removed restrictions
on the importation from Mexico of citrus fruit and peel. However, we
inadvertently neglected to remove a provision in 7 CFR 319.37-6(e) that
restricted importation of citrus seed from Mexico due to citrus canker.
To correct this oversight, we now propose to remove Mexico from the
list of countries in 7 CFR 319.37-6(e).
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
If adopted, this proposal would clarify procedures for the
inspection and release of imported fruits and vegetables at the port of
first arrival in the United States. The proposed revision of the
regulations would update the regulatory language to conform to
procedures currently in use at ports. These changes would provide a
clearer standard for importers of fruits and vegetables who must comply
with the regulations, and would enhance enforcement of the regulations.
The proposed changes would 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 would
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 proposed rule would clarify the requirements at the port of
first arrival for fruits and vegetables imported into the United
States. If this proposed rule is adopted, State and local laws and
regulations regarding the importation of fruits and vegetables under
this rule would 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 would
remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce
[[Page 35873]]
ceases in other cases must be addressed on a case-by-case basis. If
this proposed rule is adopted, 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 proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(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 would be amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. 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 2.17, 2.51, and 371.2(c).
Sec. 319.37-6 [Amended]
2. In Sec. 319.37-6, paragraph (e) would be amended by removing the
word ``Mexico,''.
3. Section 319.56-6 would be 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 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.
Done in Washington, DC, this 30th day of June 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-17019 Filed 7-11-95; 8:45 am]
BILLING CODE 3410-34-P
