[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Proposed Rules]
[Pages 34832-34842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16405]
[[Page 34831]]
_______________________________________________________________________
Part VIII
Department of Agriculture
_______________________________________________________________________
Animal and Plant Health Inspection Service
_______________________________________________________________________
7 CFR Part 319
Importation of Fresh Hass Avocado Fruit Grown in Michoacan, Mexico;
Proposed Rule
Federal Register / Vol. 60, No. 127 / Monday, July 3, 1995 / Proposed
Rules
[[Page 34832]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 94-116-3]
Importation of Fresh Hass Avocado Fruit Grown in Michoacan,
Mexico
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule and notice of public hearings.
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SUMMARY: We are proposing to amend the regulations governing the
importation of fruits and vegetables to allow fresh Hass avocado fruit
grown in approved orchards in approved municipalities in Michoacan,
Mexico, to be imported into certain areas of the United States, subject
to certain conditions. We are proposing this action in response to a
request from the Mexican Government and following a review of public
comments received regarding that request. The conditions to which the
proposed importation of fresh Hass avocado fruit would be subject,
including pest surveys and pest risk-reducing cultural practices,
packinghouse procedures, inspection and shipping procedures, and
restrictions on the time of year shipments may enter the United States,
would reduce the risk of pest introduction to an insignificant level.
Furthermore, climatic conditions in those areas of the United States
into which the avocados would be allowed would preclude the
establishment in the United States of any of the plant pests known to
attack avocados in Michoacan, Mexico.
DATES: Consideration will be given only to comments received on or
before October 16, 1995. We also will consider comments made at five
public hearings to be held between August 17, 1995, and August 31,
1995. Hearings will be held in Washington, DC, on August 17 and 18,
1995, and in southern California on August 30 and 31, 1995. A notice
detailing the specific dates of the remaining hearings will be
published in a future issue of the Federal Register.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 94-116-3, 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. 94-116-3. 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. The public hearings
will be held in Washington, DC; southern Florida; New York, NY;
Chicago, IL; and southern California. A notice detailing the specific
location of each hearing will be published in a future issue of the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr. Victor Harabin, Head, Permit Unit,
Port Operations, PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD
20737-1236, (301) 734-8645, or FAX (301) 734-5786.
SUPPLEMENTARY INFORMATION:
Public Hearings
Five public hearings will be held on this notice of proposed
rulemaking. The Animal and Plant Health Inspection Service (APHIS) will
hold one public hearing dedicated exclusively to the scientific basis
for this proposed rule. The first hearing will be open to the public,
but participation will be limited to experts in the fields of pest risk
assessment and pest risk mitigation measures. Four additional hearings
will be held to provide a full opportunity to all interested parties to
address every aspect of the proposed rule.
The First Public Hearing--Presentations by Experts in Risk Assessment
The first public hearing, on the scientific basis for this proposed
rule, is scheduled to be held in Washington, DC, on August 17 and 18,
1995. A notice will be published in a future issue of the Federal
Register detailing the specific location of the Washington, DC,
hearing. This hearing will focus exclusively on the APHIS pest risk
assessment documents upon which the proposed rule is based, and will
provide an opportunity for experts in relevant disciplines to present
their views on those documents and the scientific issues raised by
them.
The APHIS pest risk assessment documents upon which this proposal
is based identify the plant pest risks associated with the importation
of Hass avocados grown in approved orchards in approved municipalities
in Michoacan, Mexico, discuss the mitigation measures identified as
reasonable and necessary to prevent the introduction of plant pests
into the United States, and contain a quantitative risk analysis
examining the likelihood of plant pest introduction into the United
States if Hass avocados are allowed to be imported as proposed in this
document.
Participation in the Washington, DC, hearing will be limited to
those who register and who identify themselves as having expertise in
the areas of pest risk assessment and mitigation measures. Experts
wishing to participate will be asked to furnish for the record their
educational background and their expertise and qualifications relevant
to pest risk assessment and mitigation measures. Such experts include
scientists, technical experts, and academicians expert in entomology,
plant health, plant pathology, risk assessment, and risk mitigation.
Federal, State, and local officials, growers, and handlers who have
experience with risk assessment, plant protection, quarantine, or risk
mitigation measures will also be welcome to participate in this first
public hearing.
Presenters are welcome to register as a panel if they believe a
panel of experts from several fields would foster a more complete
discussion and evaluation of issues related to the pest risk assessment
underlying this proposal.
Additional Public Hearings
Four additional hearings will be held during the period between
August 21, 1995, and August 31, 1995, to address all aspects of this
proposed rule. These four public hearings are scheduled to be held in
southern Florida; New York, NY; Chicago, IL; and southern California.
The California hearing is scheduled to be held on August 30 and 31,
1995; the exact dates of the other three hearings and the specific
locations of all four hearings will be announced in a notice published
in a future issue of the Federal Register.
Any interested party may appear and be heard in person, or through
an attorney or other representative. We are interested in obtaining the
views of the public on all aspects of this proposed rule, including the
APHIS pest risk assessment documents and the conclusions contained
therein.
General Information Applicable to All Five Public Hearings
The APHIS pest risk assessment documents upon which this proposal
is based are available. Parties interested in receiving copies may
obtain them by contacting APHIS' Legislative and Public Affairs Staff
at (301) 734-3256 or by writing to Legislative and Public Affairs, 4700
River Road Unit 51, Riverdale, Maryland 20737-1232. Copies of the risk
assessment documents will be available at each of the scheduled public
hearings.
[[Page 34833]]
Persons who wish to speak at the hearings will be asked to provide
their names and their affiliations. Those who wish to form a panel to
present their views will be asked to provide the name of each member of
the panel and the organizations the panel members represent. Parties
wishing to make oral presentations may register in advance by calling
the Regulatory Analysis and Development voice mail at (301) 734-4346
and leaving a message stating their name, telephone number,
organization, and location of the hearing at which they wish to speak.
If a party is registering for a panel, the party will also be asked to
provide the name of each member of the panel and the organization each
panel member represents.
The hearings will begin at 9 a.m. and are scheduled to end at 5
p.m. each day. The Washington, DC, and California hearings may conclude
at any time on the second day if all persons who have registered to
participate have been heard. Similarly, the other three hearings may
conclude earlier than 5 p.m. if all persons who have registered have
been heard. The presiding officer may extend the time of any hearing or
limit the time for each presentation so that everyone is accommodated
and all interested persons appearing on the scheduled dates have an
opportunity to participate.
Registration for each hearing may be accomplished in advance in
accordance with the above-described instructions, or by registering
with the presiding officer between 8:30 a.m. and 9 a.m. on any hearing
day.
A representative of APHIS will preside at each public hearing.
Written statements are encouraged, but not required. Any written
statement submitted will be made part of the record of the public
hearing. Anyone who reads a written statement should provide two copies
to the presiding officer at the hearing. A transcript will be made of
each public hearing and the transcript will be placed in the rulemaking
record and will be available for public inspection.
The purpose of these public hearings is to give all interested
parties an opportunity to present data, views, and information to the
Department concerning this proposed rule. Questions about the content
of the proposal may be part of a commenter's oral presentation.
However, neither the presiding officer nor any other representative of
the Department will respond to the comments at the hearing, except to
clarify or explain the proposed rule and the documents upon which the
proposal is based.
Background
The Fruits and Vegetables regulations contained 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 to prevent the introduction and dissemination of injurious
insects that are new to or not widely distributed within and throughout
the United States. The regulations do not provide for the importation
of fresh avocado fruits grown in Mexico into the United States, except
to Alaska under the conditions specified in Sec. 319.56-2bb.
On November 15, 1994, we published an advance notice of proposed
rulemaking in the Federal Register (59 FR 59070-59071, Docket No. 94-
116-1) announcing that APHIS had received a request from the Government
of Mexico that we allow, under certain conditions, the importation of
fresh Hass avocado fruit grown in approved orchards in approved
municipalities in Michoacan, Mexico, into certain areas of the United
States. The advance notice solicited public comment on the Mexican
Government request and advised the public that two public meetings
would be held to provide interested persons with an opportunity to
present their views regarding the possible importation of fresh Hass
avocado fruit grown in Mexico.
We solicited comments concerning the Mexican Government request for
28 days ending on December 13, 1994. During that period, we received
over 100 comments (including those given at the hearings), several of
which requested that we extend the comment period so that interested
persons would have additional time to analyze the Mexican Government
request before submitting comments. On December 19, 1994, we published
a document in the Federal Register (59 FR 65280, Docket No. 94-116-2)
informing the public that we had reopened the comment period and would
continue to accept comments until January 3, 1995, including any
comments received between December 13--the close of the original
comment period--and December 19. By the close of the extended comment
period, we had received over 300 comments.
Twenty of the comments favored allowing the importation of fresh
Hass avocado fruit grown in Mexico; the remainder objected. We
carefully considered all of the comments during the formulation of this
proposed rule and have included proposed phytosanitary requirements
that we believe address many of the concerns expressed in the comments.
Other issues raised in the comments that are not addressed by the
proposed phytosanitary requirements are discussed below, following the
explanation of our proposal.
Mexican Government Request
In July 1994, Sanidad Vegetal, the plant protection branch of the
Mexican Ministry of Agriculture and Water Resources, requested that
APHIS consider allowing the importation of fresh Hass avocado fruit
grown in approved orchards in approved municipalities in Michoacan,
Mexico, into Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine,
Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York,
Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and
Wisconsin. A detailed plan that accompanied the request contained
specific phytosanitary guidelines for mitigating the risk of plant pest
introduction associated with the importation of Mexican avocados into
the United States. The risk mitigation plan was based, in part, on
research conducted in 1993 by Sanidad Vegetal to determine the
susceptibility of Hass avocados to fruit fly infestation; it was also
based on historical avocado pest survey data for Michoacan and recent
Sanidad Vegetal surveys of Michoacan for pests specific to avocados.
The insect pests of concern are three species of fruit flies
(Anastrepha ludens, A. serpentina, and A. striata), four species of
avocado weevils (Conotrachelus perseae, C. aguacatae, Heilipus lauri,
and Copturus aguacatae), and one species of avocado seed moth (Stenoma
catenifer). These pests would present a significant pest risk to U.S.
crops if introduced, particularly in the southeastern and southwestern
United States.
Risk Management Analysis and Pest Risk Analysis Documents
This proposed rule is based in part on a document prepared by APHIS
entitled ``Risk Management Analysis: A Systems Approach for Mexican
Avocado,'' which assesses the pest risks and risk management options
associated with the proposed importation of fresh Hass avocado fruit
grown in Michoacan, Mexico. Risk mitigation measures discussed in that
document are included in this proposed rule as requirements for the
proposed importation. APHIS has also prepared a quantitative pest risk
analysis for the proposed importation of fresh Hass avocado fruit grown
in Michoacan, Mexico, that examines the likelihood of pest introduction
into susceptible areas
[[Page 34834]]
of the United States. Copies of those documents may be obtained by
contacting APHIS' Legislative and Public Affairs staff at (301) 734-
3256 or by writing to Legislative and Public Affairs, Public Affairs,
4700 River Road Unit 51, Riverdale, MD 20737-1232.
Systems Approaches
Using systems approaches to phytosanitary security, APHIS
establishes growing, packing, shipping, and other conditions whereby
fruits and vegetables may be imported into the United States from
countries that are not free of certain plant pests. APHIS has used
systems approaches to establish conditions for the importation of
several commodities, including Unshu oranges from Japan (7 CFR 319.28),
tomatoes from Spain (7 CFR 3119.56-2dd), and peppers from Israel (7 CFR
319.56-2u).
For the Unshu oranges mentioned above, APHIS used a systems
approach to establish growing, treatment, packing, and inspection
requirements designed to prevent the introduction of citrus canker,
which exists in Japan and can infect Unshu oranges. The rule requires
Japanese growers and agricultural agencies to survey groves for citrus
canker, undertake measures to exclude citrus canker from groves of
Unshu oranges intended for export, and apply surface sanitary
treatments to Unshu oranges being exported to the United States. For
the tomatoes and peppers mentioned above, APHIS used a systems approach
to develop measures to prevent the introduction of Mediterranean fruit
fly (Medfly), which exists in Spain and Israel and can infest tomatoes
and peppers. These rules require Spanish and Israeli agricultural
agencies and growers to periodically survey growing areas for Medfly,
undertake measures to exclude Medfly from growing and packing areas,
and pack tomatoes and peppers in flyproof packaging to prevent
infestation. Each of these programs has performed successfully.
APHIS also uses systems approaches to establish growing, packing,
shipping, and other conditions whereby domestic fruits and vegetables
may be exported from areas in the United States that are not free of
certain plant pests. Systems approaches are currently used to establish
export conditions for certain citrus fruit from Florida and Texas,
apples from Washington, and stonefruit from California. Each of these
programs has performed successfully.
In developing this proposal to allow the importation of fresh Hass
avocado fruit grown in Michoacan, Mexico, APHIS again has used a
systems approach to phytosanitary security. Using a systems approach,
APHIS developed a series of complementary phytosanitary measures,
including pest surveys and pest risk reducing cultural practices,
packinghouse procedures, a limited shipping season, inspection and
shipping procedures, and restrictions on distribution within the United
States, all intended to prevent the introduction of avocado seed and
stem weevils, an avocado seed moth, and three species of fruit flies
that can infest avocados and other host fruits and vegetables.
Proposed Import Requirements for Hass Avocados Grown in Mexico
We are proposing to allow fresh Hass variety avocados to be
imported into the United States from Michoacan, Mexico, if they are
grown, packed, and shipped under specified phytosanitary conditions
designed to mitigate the risk of plant pest introduction. The
conditions for importation would be set out in a new section of the
regulations, Sec. 319.56-2ff. Some of our proposed requirements were
originally suggested in the mitigation plan that accompanied the
request submitted by the Mexican Government. Other proposed
requirements go beyond those suggested in the plan and are based in
part on comments we received in response to our November 1994 advance
notice of proposed rulemaking, as we agree with many of the comments
that some additional safeguards would be necessary to prevent the
introduction of plant pests if Mexican avocados were imported into the
United States.
Permit Required
Section 319.56-3 of the regulations requires that a person who
wishes to import fruits or vegetables under the regulations must first
apply for a permit from APHIS' Plant Protection and Quarantine
Programs. Section 319.56-4 states that, upon receipt of an application
and approval by an inspector, a permit will be issued that specifies
the conditions of entry and the port of entry. Therefore, our proposed
regulations would require that the avocados be imported under a permit
issued in accordance with Sec. 319.56-4.
Commercial Shipments
We would allow only commercial shipments of Hass avocados to be
imported from Michoacan into the United States. Wild or ``backyard''
avocados generally grow under very different conditions than commercial
produce. Avocados growing in the wild or in backyard gardens usually
grow among different varieties of plants and produce, with little or no
pest control and a lack of sanitary controls during both growing and
packing. Therefore, the importation of wild or backyard avocados would
present a greater risk of pest introduction than would the importation
of commercially produced avocados.
Seasonal Restrictions
We would allow Hass avocados to be imported into the United States
from Michoacan only from November through February. The risk of
Anastrepha fruit flies infesting avocados and subsequently being
introduced into the United States through importation is virtually
eliminated by restricting avocado importation to these months.
Anastrepha fruit flies reduce mating and oviposition activities when
temperatures drop below 70 deg.F. Generally, temperatures in the
growing areas in Michoacan are below 70 deg.F between November and
February. Furthermore, any risk that fruit flies and other pests of
avocados could become established in the United States during these
months would be greatly reduced because of low temperatures and
subsequent lack of host material in the areas proposed for
distribution.
Distribution Within the United States
Hass avocados imported from Michoacan could be distributed only in
Connecticut, Delaware, the District of Columbia, Illinois, Indiana,
Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New
Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia,
West Virginia, and Wisconsin. We do not believe that any of the pests
of concern could become established if introduced into these States,
due to the cold climate and a lack of suitable host material during the
months imports would be allowed. As noted below, we would require that
the boxes in which the avocados are shipped be marked with the
statement ``Distribution limited to the following States: CT, DC, DE,
IL, IN, KY, ME, MD, MA, MI, NH, NJ, NY, OH, PA, RI, VA, VT, WV, and
WI.''
Trust Fund Agreement and APHIS Participation
APHIS would be directly involved with Sanidad Vegetal in the
monitoring and supervision of avocado exports to the United States.
APHIS would not be involved in a preclearance program for the fruit in
Mexico; rather, APHIS would monitor orchard surveys, trapping, harvest,
and packinghouse operations to ensure that our export requirements are
met. The costs of APHIS' involvement during each shipping season would
be covered by a trust fund agreement between APHIS
[[Page 34835]]
and an industry association representing Mexican avocado growers,
packers, and exporters. Under the agreement, the Mexican industry
association would pay in advance all estimated costs that APHIS
expected to incur through its involvement in the required trapping,
survey, harvest, and packinghouse operations prescribed in proposed
Sec. 319.56-2ff(c). Those costs would include administrative expenses
incurred in conducting the 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 performing those services. The agreement would
require the Mexican industry association to deposit a certified or
cashier's check with APHIS for the amount of the costs, as estimated by
APHIS. If the deposit was not sufficient to meet all costs incurred by
APHIS, the agreement would further require the Mexican industry
association to deposit another certified or cashier's check with APHIS
for the amount of the remaining costs, as determined by APHIS, before
APHIS' services would be completed. After a final audit at the
conclusion of each shipping season, any overpayment of funds would be
returned to the Mexican industry association or held on account until
needed.
Safeguards in Mexico
We are proposing to require that the avocados be grown in the
Mexican State of Michoacan in an orchard located in a municipality that
has been surveyed for certain pests and found to be free from those
pests. A trapping program would also have to be in place in the
municipality to detect the presence of certain fruit flies. We would
require that Sanidad Vegetal submit an annual workplan to APHIS that
detailed the activities Sanidad Vegetal would carry out to meet the
surveying, trapping, and other phytosanitary requirements of the
proposed regulations. Sanidad Vegetal would be required to supervise
all of the trapping and pest surveys required of municipalities and
orchards wishing to export Hass avocados to the United States. Although
Hass avocado growers could pay for trapping and survey expenses,
Sanidad Vegetal would be responsible for hiring, training, and
supervision of all personnel involved in trapping and conducting the
pest surveys. APHIS would be directly involved with Sanidad Vegetal in
the monitoring and supervision of the trapping and surveying
activities.
Municipality Requirements
A municipality would have to be listed as an approved municipality
in the annual work plan provided to APHIS by Sanidad Vegetal and would
have to be determined to be free from the seed weevils Heilipus lauri,
Conotrachelus perseae, and C. aguacatae, and the seed moth Stenoma
catenifer before Hass avocados could be exported to the United States
from orchards in that municipality. Sanidad Vegetal would determine the
pest status of municipalities by conducting annual surveys during the
growing season that would have to be completed before harvest. We would
require that Sanidad Vegetal survey at least 300 hectares in any
municipality with orchards wishing to export to the United States.
Portions of each registered orchard would have to be included in these
surveys. Also, areas with backyard and wild fruit would have to be
included. We have determined that surveying 300 hectares within a
municipality results in a 95 percent confidence level that an
infestation of one percent or greater within the municipality would be
detected. As stated above, APHIS would monitor these pest surveys.
Also, APHIS would require Sanidad Vegetal to trap for Medfly at a
rate of one trap per 1 to 4 square miles throughout each Michoacan
municipality containing orchards growing avocados for export to the
United States. Although Medfly outbreaks have occurred only in southern
Mexico, we feel such trapping is necessary as a safeguard against the
possible migration of the pest to Michoacan.
Sanidad Vegetal Avocado Export Program
Only growers, orchards, and packinghouses participating in the
avocado export program administered by Sanidad Vegetal could export
Hass avocados to the United States. The Sanidad Vegetal avocado export
program has been in place for more than 7 years to monitor the export
of avocados to several European countries, Japan, and elsewhere.
Sanidad Vegetal requires participants to comply with inspection,
packing, and shipping practices to ensure that seed weevils and other
pests are not present in avocados exported from Mexico.
The Sanidad Vegetal avocado export program has been very successful
in ensuring that only pest-free avocados are exported from Michoacan.
For example, during the last 3 years, over 5 million kilograms of
avocados were exported from Michoacan to Japan. Over this same period,
the Japanese Ministry of Agriculture, Forestry, and Fisheries, which
extensively samples and cuts avocados imported from Mexico, recorded no
interceptions of any of the pests of concern (Anastrepha ludens, A.
serpentina, A. striata, Conotrachelus perseae, C. aguacatae, Heilipus
lauri, Copturus aguacatae, Stenoma catenifer).
While our proposed regulations would place conditions on avocado
growers, orchards, and packinghouses beyond those required by the
Sanidad Vegetal program, we believe that requiring participation in the
Sanidad Vegetal avocado export program would help minimize the risk
that Hass avocados infested with weevils or other pests would be
exported to the United States.
Orchard and Grower Requirements
The orchard and the grower would have to be registered with the
Sanidad Vegetal avocado export program discussed above and would have
to be listed as an approved orchard or an approved grower in the annual
work plan provided to APHIS by Sanidad Vegetal.
We are proposing to require that Sanidad Vegetal conduct surveys,
at least annually, for the avocado stem weevil Copturus aguacatae in
each orchard wishing to export avocados to the United States and in all
contiguous orchards and properties. These surveys would have to be
conducted during the growing season and completed before harvest.
Orchards would have to be free of this pest in order to be eligible to
export avocados to the United States.
To monitor the fruit fly population within avocado production
areas, APHIS would require Sanidad Vegetal to conduct trapping
throughout the year for the three Anastrepha fruit fly species of
concern at a rate of one trap per 10 hectares within certified avocado
orchards. If one fruit fly were captured within an orchard, export
could continue, but 10 traps would have to be deployed in the 50-
hectare area immediately surrounding the find. If additional fruit
flies were caught within 30 days within the 260-hectare area
surrounding the first find, exports could continue only after malathion
bait treatments of the orchards involved. The purpose of this pesticide
treatment would be to lower fruit fly populations in avocado production
areas, thus lessening the chances of infestation. APHIS uses similar
procedures in citrus fruit production areas of Florida and Texas where
Anastrepha fruit flies exist.
Growers would be required to undertake regular field sanitation
[[Page 34836]]
measures. APHIS would require that fallen avocado fruit be removed from
orchards prior to harvest and that the fallen fruit not be included in
shipments of fruit to be packed for export. Fallen avocado fruit can be
overripe or damaged, and such fruit is more likely to be infested by
pests. Also, dead branches on avocado trees would have to be cut back
periodically and the dead branches removed from the orchard. Pruning
discourages stem weevil infestations. Both APHIS and Sanidad Vegetal
would periodically inspect field sanitation in certified avocado
orchards.
APHIS would require harvested avocados to be moved from the orchard
to the packinghouse within 3 hours of harvest; if more than 3 hours
pass between the time the avocados are harvested and the time they are
moved to the packinghouse, the avocados would have to be protected from
fruit fly infestation while awaiting transport. For movement, the
avocados would have to be placed in field boxes or containers marked
with the Sanidad Vegetal registration number of the orchard of origin
and, during their movement from the orchard to the packinghouse, the
avocados would have to be protected from fruit fly infestation.
Vehicles transporting the avocados would be required to carry a field
record specifying that the fruit is from a certified orchard.
Packinghouse Requirements
Under our proposed regulations, the packinghouse would have to be
registered with the Sanidad Vegetal avocado export program and listed
as an approved packinghouse in the annual work plan provided to APHIS
by Sanidad Vegetal. Fruit from orchards that are not certified by
Sanidad Vegetal for participation in the avocado export program would
not be allowed on the premises of a packinghouse while avocados
intended for export to the United States were being packed.
All openings in the packinghouse would have to be covered by
screening with openings of not more than 1.6 mm to prevent the entry of
insects. Also, packinghouses would have to have double door systems at
the entrances to the facility, as well as at the entrance to the
packing area for avocados intended for export to the United States.
Prior to the culling process, Sanidad Vegetal would have to select,
cut, and inspect a sample of 250 avocados per shipment to detect the
presence of weevils, fruit flies, or other pests (e.g., a shipment of
500 boxes would have a fruit selected from every second box). We have
determined that sampling 250 avocados in this manner would yield a 95
percent confidence level of detecting one percent or greater
infestation.
The identity of the avocados would have to be maintained from the
field boxes or containers, which would bear the Sanidad Vegetal
registration of the orchard of origin, to the shipping boxes. The fruit
would have to be packed in new, clean boxes, with the grower, packer,
and exporter clearly identified on those boxes. Maintaining the
identity of the avocados from the field boxes or containers to the
shipping boxes would ensure that any infested fruit could be traced
back to the orchard where it was grown. Also, the shipping boxes would
have to be clearly labeled to indicate the restrictions on the
distribution of the avocados in the United States.
After being loaded into the boxes, the avocados would have to be
placed into a refrigerated truck or refrigerated container for transit
through Mexico to the port of first arrival in the United States. After
the avocados had been inspected, packed, and loaded into a refrigerated
truck or refrigerated container, Sanidad Vegetal personnel would be
required to secure the refrigerated truck or refrigerated container
with a seal before the truck or container left the packinghouse. Any
avocados that had not been loaded into a refrigerated truck or
refrigerated container by the end of the work day would have to be kept
in the screened packing area.
A phytosanitary certificate issued by Sanidad Vegetal certifying
that all of these conditions have been met would have to accompany each
shipment of avocados.
Avocado Pest Interception
As discussed above, we are proposing that Hass avocado fruit be
imported only from orchards located in municipalities in Michoacan
certified free of the four seed pests Heilipus lauri, Conotrachelus
perseae, C. aguacatae, and Stenoma catenifer, and only from orchards in
Michoacan certified free of the stem weevil Copturus aguacatae. We are
also proposing that Sanidad Vegetal undertake certain actions in the
event any of these avocado pests are discovered during the required
annual pest survey or during other monitoring or inspection activities
in the orchards or packinghouses.
Upon the discovery of any of the four avocado seed pests, Sanidad
Vegetal would be required to immediately initiate an investigation and
take measures to isolate and eradicate the pests. Sanidad Vegetal would
also have to notify APHIS and provide information regarding the origin
of the circumstances of the infestation and the pest risk mitigation
measures taken. The municipality in which the infestation occurred
would lose its pest-free certification, and avocado exports from that
municipality would be suspended until APHIS and Sanidad Vegetal agreed
that the pest eradication measures taken had been effective and that
the pest risk within that municipality had been eliminated.
If Sanidad Vegetal discovered the stem weevil Copturus aguacatae in
an orchard during an orchard survey or other monitoring or inspection
activity in the orchard, Sanidad Vegetal would have to provide APHIS
with information regarding the circumstances of the infestation and the
pest risk mitigation measures taken. Similarly, if the stem weevil
Copturus aguacatae was discovered in fruit at a packinghouse, Sanidad
Vegetal would have to investigate the origin of the infested fruit and
provide APHIS with information regarding the circumstances of the
infestation and the pest risk mitigation measures taken. In either
instance, the orchard where the infested fruit originated would lose
its export certification immediately for the entire shipping season of
November through February.
Shipping Requirements and Restrictions
Although the safeguards discussed above make it unlikely that
avocados infested with seed pests or fruit flies would enter into the
United States, we propose to require the following safeguards for
movement of the avocados to the northeastern United States in order to
prevent the escape and establishment of an insect pest outside of the
northeast should any be present on the fruit.
We propose to allow Hass avocados from Mexico to enter the United
States at any port within the 20 northeastern States that would be
allowed to receive Hass avocados from Michoacan. We are also proposing
to allow Hass avocados from Michoacan to enter the United States at
certain additional ports provided the avocados are moved within a
specified transit corridor to the 20 northeastern States that would be
allowed to receive the avocados. We would allow the avocados to enter
at the ports of Galveston and Houston, TX, and the border ports at
Nogales, AZ; Brownsville, Eagle Pass, El Paso, Hidalgo, and Laredo, TX,
all of which are staffed by APHIS inspectors. These ports are among
those currently listed for avocados from Mexico moved through the
United States to destinations outside the United States under the plant
quarantine safeguard
[[Page 34837]]
regulations in 7 CFR 352.29, so the inspectors at these ports are
experienced in dealing with avocado shipments. We would also allow the
avocados to enter at other ports located within that area of the United
States bordered by the proposed transit corridor discussed below.
We also propose to establish boundaries restricting the corridor
through which the avocados may transit the United States en route to
the northeastern United States. Except as explained below for avocados
entering the United States at Nogales, AZ, avocados moved by truck or
rail car would be allowed to transit only that area of the United
States bounded on the west by a line extending from El Paso, TX, to
Denver, CO, and due north from Denver; and on the east and south by a
line extending from Brownsville, TX, to Galveston, TX, to Kinder, LA,
to Memphis, TN, to Knoxville, TN, following Interstate 40 to Raleigh,
NC, and due east from Raleigh. All cities on these boundary lines would
be included in this area. If the avocados are moved by air, the
aircraft would not be allowed to land outside this area. Avocados that
enter the United States at Nogales, AZ, would have to be moved to El
Paso, TX, by the route specified on the permit, and would then have to
remain within the shipping area described above. These proposed
boundaries are similar to those currently in effect for Mexican
avocados moved through the United States to destinations outside the
United States (see 7 CFR 352.29(f)), but differ in two significant
ways. First, because avocados imported under this proposed rule could
be distributed only in the northeastern United States, the proposed
western boundary would not provide for movement through the
northwestern United States. Second, the southeastern boundary would be
situated further to the south to give shippers access to the entire
States of Kentucky, West Virginia, and Virginia, which are among the
States in which the avocados could be distributed under this proposed
rule; those States are not fully included in the transit corridor
described in 7 CFR 352.29(f). These boundaries would provide protection
to the western and southeastern regions of the United States, where
avocados and other hosts of fruit flies and are grown, while allowing
shippers to utilize the most direct interstate routes to the
northeastern United States.
Further, we propose that when moving within these boundaries to the
northeastern United States, avocados would have to be moved either by
air or in a refrigerated truck or refrigerated rail car or in
refrigerated containers on a truck or rail car. If the avocados are
moved in refrigerated containers on a truck or rail car, an APHIS
inspector would have to seal the containers with a serially numbered
seal at the port of first arrival in the United States. If the avocados
are moved in a refrigerated truck or a refrigerated rail car, an APHIS
inspector would have to seal the truck or rail car with a serially
numbered seal at the port of first arrival in the United States. If the
avocados are transferred to another vehicle or container in the United
States, an APHIS inspector would have to be present to supervise the
transfer and would have to apply a new serially numbered seal. The
avocados would have to be moved through the United States under Customs
bond. These safeguards are the same as those currently in effect for
avocados from Mexico that are moved through the United States to
destinations outside the United States (see 7 CFR 352.29(e)). Because
this proposed rule and the avocado transit regulations in 7 CFR 352.29
share a similar purpose (i.e., the avocados must move through areas of
the United States considered to be low-risk areas for the establishment
of tropical and subtropical fruit pests), we believe it is reasonable
that the safeguards required by both regulations should be the same.
Inspection
The avocados would be subject to APHIS inspection at the port of
first arrival, at any stops in the United States en route to the
Northeast, and upon arrival at the terminal market to ensure they are
being moved in compliance with APHIS regulations. At the port of first
arrival, APHIS would sample and cut avocado fruit to detect infestation
by fruit flies, avocado seed and stem weevils, the avocado seed moth,
and other pests. The number of avocados that the inspectors would
sample and cut in any given shipment would depend upon the size of the
shipment. Inspectors also would ensure that a valid phytosanitary
certificate was present, that the limited distribution statement
appeared on all boxes, and that the shipment was consigned to a State
allowed to receive Hass avocados from Michoacan.
Responses to Comments
As stated above, we received over 300 comments by the closing date
of the comment period for the advance notice of proposed rulemaking.
The comments were submitted by avocado growers, processors, packers,
and importers; trade and grower associations; grocers; and State and
local departments of agriculture. Twenty of the comments favored
allowing the importation of Mexican avocados. The remainder raised
objections, most of which are summarized, with our responses, below.
Most of the comments assert that research conducted in 1993 by the
Sanidad Vegetal concerning Hass avocado susceptibility to Anastrepha
fruit flies was inconclusive and did not demonstrate that Hass avocados
are non-hosts to the fruit flies. The comments contend that before
APHIS considers any proposal to import Hass avocados from Mexico,
Sanidad Vegetal should (1) replicate and expand laboratory and field
research regarding host status of Hass avocados under fully controlled
conditions and (2) undertake a multi-site, multi-year trapping program
to establish the population and seasonal abundance of Anastrepha fruit
flies in Michoacan. Only after examining the results of such research,
according to the comments, could APHIS and Sanidad Vegetal develop
effective measures for preventing the introduction of Anastrepha fruit
flies into the United States through the importation of Hass avocados.
We agree that the 1993 research was limited in scope and did not
prove the Hass avocado to be a non-host for Anastrepha fruit flies.
However, after considering the 1993 research and other available
evidence, including interception data and past studies, we believe the
Hass avocado to be a non-preferred host for Anastrepha fruit flies
prior to harvest. Although we believe Hass avocados become better hosts
for Anastrepha fruit flies shortly following harvest, we are confident
that the phytosanitary requirements we would place on harvesting,
packing, transport, and distribution, which are more extensive and
redundant than those proposed by Sanidad Vegetal, would prevent
infested Hass avocado fruit from being exported from Michoacan into the
United States.
Several comments specifically questioned the laboratory testing
conducted in 1993 by Sanidad Vegetal to determine the susceptibility of
Hass avocados to Anastrepha fruit flies. The comments claim that
induced infestation tests both in the laboratory and under controlled
field conditions were conducted improperly (e.g., allegedly, laboratory
climatic conditions were not controlled, sample sizes of fruit were too
small, inappropriate cages were used in field testing), thus
invalidating any results of those tests. Furthermore, these comments
maintain that because Anastrepha fruit flies did infest Hass avocados
during these tests, the host status of Hass avocados is confirmed.
[[Page 34838]]
We agree that the induced infestation research was limited in scope
and did not prove Hass avocado to be a non-host for Anastrepha fruit
flies. However, we do not agree that the infestation that did occur
during the testing proves Hass avocados to be preferred hosts. Under
artificial laboratory conditions, females of some Anastrepha species,
including A. ludens, will oviposit in almost any fruit available, or
even in wax spheres (Norrbom, Allen L., and Ke Chung Kim, ``A List of
the Reported Host Plants of the Species of Anastrepha (Diptera:
Tephritidae),'' APHIS, 1988). Moreover, other evidence indicates that
Hass avocados are non-preferred hosts while on the tree. In the cage
studies conducted in the field by Sanidad Vegetal, which we feel were
conducted properly, Hass avocados on the tree were shown to be non-
preferred hosts to Anastrepha. Also, APHIS records from interceptions
of avocados smuggled into the United States from Mexico indicate that
the Hass avocado is a non-preferred host to Anastrepha. In fact,
according to APHIS and Agricultural Research Service records,
Anastrepha fruit flies have never been found in Hass avocados outside
of laboratory tests. We are confident that the phytosanitary measures
we are proposing would prevent infested Hass avocado fruit from being
exported from Michoacan into the United States.
Several of the comments claim that the fruit fly trapping conducted
in 1993 by Sanidad Vegetal was inadequate to accurately determine fruit
fly populations in production areas in Michoacan and subsequently
develop effective pest mitigation measures based on the population
data. These comments maintain that:
Traps were not moved frequently enough or maintained
correctly;
Trapping was conducted for too short a duration;
Trapping density was too low, especially considering that
the McPhail trap was used;
Some trapping was conducted while trees were being sprayed
with methyl parathion, thus distorting trapping results, as populations
in sprayed areas would be unnaturally low; and
No trapping was conducted with regard to wild or
alternative commercial hosts.
We agree that the trapping conducted by Sanidad Vegetal in 1993 was
flawed in its execution; many traps were neither moved often enough nor
maintained properly. Initial quality control problems occur in most
trapping programs. If we allow the importation of Hass avocados from
Michoacan, we will require trapping year-round. We would hold such
trapping to a higher quality standard and monitor its execution. Also,
we believe that the trapping conducted by Sanidad Vegetal, although it
was conducted imperfectly and for a short duration, does provide
valuable preliminary data regarding the population of Anastrepha fruit
flies in avocado production areas in Michoacan.
The density of the 1993 trapping--one McPhail trap per 10
hectares--is standard for population monitoring and was approved by
APHIS prior to the trapping. Trapping at this rate is currently
required by APHIS in Sonora, Mexico, to maintain the fruit-fly free
zone in that State. We are proposing that Sanidad Vegetal trap at the
rate of 1 trap per 10 hectares throughout the year and that this
trapping be monitored by APHIS.
Some trapping was conducted while trees were being treated with
pesticides. However, since this sort of pesticide treatment is routine
in Michoacan, and since similar pesticide treatment would occur in
orchards growing avocados for export to the United States, we believe
that trapping conducted during or after pesticide treatment provided
accurate population data.
We agree that Sanidad Vegetal did not conduct trapping with regard
to wild or alternative commercial hosts. However, our interest in the
1993 Sanidad Vegetal study is to determine populations in the
production areas, not in areas where wild or alternative hosts were
being grown.
Because of our reservations concerning Sanidad Vegetal's 1993 fruit
fly trapping, we have proposed to allow the Hass avocados from
Michoacan to be imported only between November and February, when
temperatures in Michoacan significantly lower the level of fruit fly
activity.
Several comments expressed concerns that Sanidad Vegetal studies of
the pests Heilipus lauri, Stenoma catenifer, Conotrachelus perseae, C.
aguacatae, and Copturus aguacatae did not attempt to identify their
seasonal abundance or geographical distribution in Michoacan.
Furthermore, the comments claim that Sanidad Vegetal surveys for these
pests in Hass avocado production areas in Michoacan were too limited to
produce meaningful results, were not supervised by APHIS, and were not
conducted carefully, that is, the surveys were not conducted in accord
with scientific standards or in the context of pest biology. Finally,
the comments maintain that the data reflect significant finds of these
pests in production areas.
We believe that the design of the 1993 pest surveys was appropriate
for detecting infestation and that Sanidad Vegetal took pest biology
into account while conducting the surveys. Data from these surveys is
of varying quality, but we believe inconsistencies are indicative of
authentic pest survey data. While we did not supervise the surveys, we
did observe several as they were being conducted.
It is important to remember that the phytosanitary requirements we
propose to place on the avocado imports from Michoacan are not based
solely upon the pest surveys and other studies conducted by Sanidad
Vegetal in 1993. Much of their findings were of a limited quality and
only supplement the data we have used in developing this proposal. If
this proposal is finalized, we will monitor closely the pest surveys we
are proposing to require for determining municipality and orchard
freedom from the avocado pests.
Several comments raised concerns that the Sanidad Vegetal studies
did not address risks presented by Anastrepha distincta, A. leptozona,
or A. obliqua, or several other possible pests of avocados known to
inhabit Mexico. Avocado is not a host to these other pests (Norrbom,
Allen L., and Ke Chung Kim, ``A List of the Reported Host Plants of the
Species of Anastrepha [Diptera: Tephritidae],'' APHIS, 1988).
Other comments argue that APHIS should not allow Hass avocado
imports from Michoacan until Sanidad Vegetal can establish Michoacan as
a pest-free zone.
As explained above, APHIS uses systems approaches to phytosanitary
security to allow fruits and vegetables to be imported safely into the
United States from countries that are not free of certain plant pests.
APHIS has successfully used systems approaches to establish conditions
for the importation of several commodities, including Unshu oranges
from Japan, tomatoes from Spain, and peppers from Israel. APHIS also
uses systems approaches to establish conditions whereby domestic fruits
and vegetables may be exported from areas in the United States that are
not free of certain plant pests, such as citrus fruit from Florida and
Texas, apples from Washington, and stonefruit from California. We now
are proposing to use a systems approach to allow Hass avocado fruit to
be imported into the northeastern United States from Michoacan, Mexico,
an area where fruit flies and certain avocado pests are known to exist.
We believe this systems approach would prevent the introduction of
plant pests into the United States from Michoacan and that therefore,
it is unnecessary to establish
[[Page 34839]]
Michoacan as a pest-free zone prior to importing Hass avocados.
Several comments maintain that prior to allowing the importation of
Hass avocados from Mexico, APHIS should develop treatments able to
eliminate all exotic pests from avocado fruit at a ``probit 9''
mortality level. (A treatment yielding a probit 9 mortality effects a
99.9968 percent mortality in a population of live organisms, that is, a
population of pests in fruit.)
Currently, there is no effective treatment for eliminating
Anastrepha fruit flies or any of the avocado pests of concern from Hass
avocado fruit. We believe the multiple safeguards that we are proposing
for the importation of Hass avocados from Michoacan, Mexico, into the
northeastern United States would mitigate pest risk at a level
equivalent to that provided by a treatment yielding a probit 9
mortality. If a treatment for Hass avocado fruit from Michoacan were
developed, APHIS would consider its use.
One comment criticized the conclusion drawn by Sanidad Vegetal that
a 1993-1994 orchard and packinghouse fruit sampling research study
indicated that there was zero risk of live immature stages of fruit
flies entering the United States in Hass avocados. We agree that such a
conclusion is unsupported by statistical analysis, since it is
statistically impossible to prove zero risk for any commodity.
Accordingly, this proposed rule contains no provisions that are based
on an assumption of zero risk regarding the possibility of live
immature stages of fruit flies entering the United States in Hass
avocados.
One comment concluded that APHIS must prove Hass avocados to be
non-hosts to Anastrepha fruit flies before we allow their importation
from Michoacan.
As stated above, we believe Hass avocados to be a non-preferred
host to Anastrepha fruit flies while on the tree and better hosts
following harvest. The phytosanitary requirements we are proposing,
especially in light of the Hass avocado's poor host status, would
prevent Anastrepha flies from being introduced into the United States
through the importation of Hass avocados.
One comment states that Sanidad Vegetal's conclusions regarding a
correlation between maturity of Hass avocado fruit (measured by the
percent of dry matter) and fruit immunity to Anastrepha fruit fly
infestation are invalid.
We agree that Sanidad Vegetal research did not prove that there is
a correlation between dry matter content of Hass avocados and immunity
to Anastrepha infestation. The APHIS avocado interception records and
past research mentioned above do indicate, however, that the Hass
avocado may have some natural physiological resistance to infestation
by Anastrepha fruit flies. Further research must be conducted before
any such conclusions can be applied to the quarantine status of Hass
avocados from Michoacan.
One comment expresses concerns that pests known to attack Hass
avocados in Mexico could be introduced into the northeastern United
States through importation from Michoacan, colonize the area, and
damage fruit crops grown there.
We are proposing to allow Hass avocados to be imported into the
Northeastern United States only during the winter, from November
through February. The cold temperatures during these months would
preclude colonization by these tropical and subtropical pests, because
they could not survive under the climatic conditions and/or because
there would be no host material.
Several comments state that avocado growers in Michoacan use
pesticides not approved for use on avocados in the United States, such
as methyl parathion, and that avocados imported from Michoacan
containing residues of these pesticides would, therefore, be prohibited
from importation.
The United States Food and Drug Administration samples and tests
imported fruits and vegetables for pesticide residues. If residue of a
pesticide unapproved in the United States is found in a shipment of
imported fruit or vegetables, the shipment is denied entry into the
United States.
Many of the comments argue that APHIS lacks the resources to
enforce phytosanitary restrictions on Hass avocado imports from
Michoacan, particularly restrictions on the distribution of Mexican
Hass avocados within the United States.
We agree that adequate resources and personnel, especially
inspectors, would have to be devoted to prevent the introduction of
avocado and other plant pests into the United States. Adjustments in
the level of personnel and resources devoted to APHIS programs are a
normal part of management in the agency. Duties and staffing levels
would be adjusted, in Michoacan, at ports, and elsewhere, to satisfy
the needs of a new avocado import program. While APHIS would assign
some additional personnel to monitor trapping and surveys and
compliance with phytosanitary requirements in Michoacan orchards and
packinghouses, we believe much of the resources needed for this program
are already in place, in the form of existing APHIS overseas and port
personnel. Funding levels and agency personnel may vary from year to
year. Import authorizations would not be provided if the level of
resources decreases below the level needed to ensure that all imported
regulated articles are subject to the level of inspection and
monitoring necessary to prevent the introduction of plant pests into
the United States. In terms of enforcing the restrictions on the
distribution of Mexican Hass avocados within the United States, APHIS
would be assisted by the Fruit and Vegetable Division of the
Agricultural Marketing Service, which has agreed to notify us if
Mexican avocado fruit, which they would grade, showed up at terminal
markets in prohibited States.
One comment criticizes the Sanidad Vegetal proposal to have growers
hire the technical personnel involved in surveys and trapping, citing a
conflict of interests.
As explained above, we would not allow growers to hire or supervise
the technical personnel involved in trapping or pest surveys, but they
would be allowed to pay expenses.
Several comments question Sanidad Vegetal's claim that Anastrepha
fruit flies have never infested Hass avocados in Mexico and that
Anastrepha fruit flies have never been intercepted in Hass avocados
intended for export.
According to APHIS and Agricultural Research Service records,
Anastrepha fruit flies have never been found in Hass avocados outside
of laboratory tests, in which infestation was artificially induced.
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.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this rule on small entities. However, we do not currently
have all the data necessary for a comprehensive analysis of the effects
of this rule on small entities. Therefore, we are inviting comments
concerning potential effects. In particular, we are interested in
determining the number and kind of small entities that may
[[Page 34840]]
incur benefits or costs from implementation of this proposed rule.
Under the Plant Quarantine Act and the Federal Plant Pest Act (7
U.S.C. 150dd, 150ee, 150ff, 151-167), the Secretary of Agriculture is
authorized to regulate the importation of fruits and vegetables to
prevent the introduction of injurious plant pests.
We are proposing to amend the regulations governing the importation
of fruits and vegetables to allow fresh Hass avocado fruit grown in
approved orchards in approved municipalities in Michoacan, Mexico, to
be imported into certain areas of the United States, subject to certain
conditions.
Mexico is the largest producer of avocados in the world, accounting
for approximately 45 percent of total production. Mexican growers
produced about 696,000 tons of avocados in 1990. Additionally, Mexico
is the world's largest consumer of avocados; per capita consumption is
close to 17 pounds. Because of this large domestic demand, exports
remain small, at approximately 3 percent of production, or 20,880 tons.
Most of the avocado production in Mexico occurs in the state of
Michoacan, where approximately 77 percent of the total crop is grown.
Ninety-five percent of the avocados grown in Michoacan are of the Hass
variety. In 1990, therefore, the total export of Hass variety avocados
from Michoacan was approximately 15,000 tons.
In comparison, domestic growers produced 151,650 tons of avocados
in 1993; California growers produced approximately 97 percent (147,000
tons), Florida growers produced a little less than 3 percent (4,400
tons), and Hawaiian growers produced less than 1 percent (250 tons) of
the 1993 total. In Florida and Hawaii non-Hass varieties are
predominant, while in California the Hass variety accounts for
approximately 85 percent of the total production.
Although Mexico has well established export markets in Europe,
Japan, and Canada, shipping avocados to these markets involves
traversing great distances, thus incurring high transportation costs.
As in Mexico, a substantial proportion of U.S. production of avocados
is consumed internally. In 1993 the United States exported 15,292 tons,
while it imported 8,232 tons. However, the U.S. per capita consumption,
which is approximately 1.36 pounds, is much smaller than the per capita
consumption in Mexico. The demand for avocados in the United States is
inelastic (-0.48). In other words, a reduction in the price of avocados
would not result in a proportionate increase in the purchase of
avocados. For example, a 10 percent decline in avocado price would
likely induce only a 4.8 percent increase in avocado consumption. In
the case of avocados, quality considerations might have greater impact
on consumer purchase decisions than the price of the product.
As the preceding paragraphs indicate, both California and Michoacan
are large producers of Hass variety avocados. However, here the
similarity between the two states ceases, with marked differences in
avocado price, cost structure, and expansion capacity. The weighted
average wholesale price for California production was $0.48 per pound
between 1991 and 1993 while the Michoacan price was $0.28. Land and
labor costs are much lower in Michoacan than in California. Development
costs and costs of caring for avocado-bearing trees average $26,000 per
acre in California, those same costs are only about $8,000 per acre in
Michoacan. Furthermore, the labor share of production costs is 52
percent in California, while the average labor share is only 35 percent
in Michoacan. Finally, the two states differ in their capacity to
expand production. California has little or no non-bearing acreage
remaining while Michoacan has 30 percent non-bearing acreage.
Michoacan producers face three additional costs in order to deliver
their products to the U.S. border. These include the cost of
transportation ($0.03 per pound), the border crossing cost ($0.027 per
pound), and a tariff rate of $0.054 per pound. Taking these factors
into consideration, the break-even point for California production is
$0.48 (the average wholesale price per pound in California); Michoacan
Hass avocados could be delivered to the U.S. border for $0.34 (the
price of avocado sold domestically in Mexico ($0.23 per pound) plus the
cost of placing Michoacan avocados at the U.S. border ($0.11 per
pound). Thus, at the U.S. border the Mexican producers would have a
cost advantage over U.S. Hass avocado producers. However, which of
these two would gain the market for avocados in the 20 northeastern
States would depend on their respective ability to deliver the best
quality avocado in the most efficient way.
Allowing the importation of fresh Hass avocado fruit from
Michoacan, Mexico, would directly affect avocado growers, mainly in
California. There were 7,300 avocado growers in the United States in
1993, most of which were located in California. Of these, 6,729 are
considered to be small entities. The importation of Hass avocados from
Mexico would likely increase the U.S. supply of fresh avocados by about
12 percent, reducing the average price for U.S. avocados to about $0.42
per lb. The U.S. producers would thus be negatively affected. However,
current Interstate Commerce Commission regulations forbid Mexican
carriers from hauling the product beyond the border zone, so there
would be some benefit to small U.S. specialized transport companies and
brokerage houses. At present, the cost of transporting a truckload
(40,000 lb) of avocados from Michoacan to the U.S. border at El Paso is
$1,080. This includes the margin for truckers and brokerage houses. The
number of these entities is difficult to determine at this time. The
total impact would depend upon the volume of export from Michoacan to
the United States. Finally, even with the low elasticity of demand for
avocado, consumers could be positively affected by the increased
competition and expanded choices that would be induced by this
proposal.
The alternative to this proposed rule was to make no changes in the
fruits and vegetables regulations. After consideration, we rejected
this alternative since there appeared to be no pest risk reason to
maintain the prohibition on the avocados in light of the safeguards
that would be applied to their importation.
This proposed rule contains no paperwork or recordkeeping
requirements.
Executive Order 12778
This proposed rule would allow fresh Hass avocado fruit to be
imported into the United States from the Mexican State of Michoacan. If
this proposed rule is adopted, State and local laws and regulations
regarding fresh Hass avocado fruit imported under this rule would be
preempted while the fruit is in foreign commerce. Fresh avocados 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 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 document contains no new information or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.).
[[Page 34841]]
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, 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; 7 CFR 2.17,
2.51, and 371.2(c), unless otherwise noted.
2. A new Sec. 319.56-2ff would be added to read as follows:
Sec. 319.56-2ff Administrative instructions governing movement of Hass
avocados from Mexico to the northeastern United States.
Fresh Hass variety avocados (Persea americana) may be imported from
Mexico into the United States for distribution in the northeastern
United States only under a permit issued in accordance with
Sec. 319.56-4, and only under the following conditions:
(a) Shipping restrictions. (1) The avocados may be imported in
commercial shipments only;
(2) The avocados may be imported only during the months of
November, December, January, and February; and
(3) The avocados may be distributed only in the following
northeastern States: Connecticut, Delaware, the District of Columbia,
Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan,
New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island,
Vermont, Virginia, West Virginia, and Wisconsin.
(b) Trust fund agreement. The avocados may be imported only if the
Mexican avocado industry association representing Mexican avocado
growers, packers, and exporters has entered into a trust fund agreement
with APHIS for that shipping season. That agreement requires the
Mexican avocado industry association to pay in advance all estimated
costs that APHIS expects to incur through its involvement in the
trapping, survey, harvest, and packinghouse operations prescribed in
paragraph (c) of this section. These costs will include administrative
expenses incurred in conducting the 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 performing these services. The agreement
requires the Mexican avocado industry association to deposit a
certified or cashier's check with APHIS for the amount of those costs,
as estimated by APHIS. If the deposit is not sufficient to meet all
costs incurred by APHIS, the agreement further requires the Mexican
avocado industry association to deposit with APHIS a certified or
cashier's check for the amount of the remaining costs, as determined by
APHIS, before the services will be completed. After a final audit at
the conclusion of each shipping season, any overpayment of funds would
be returned to the Mexican avocado industry association or held on
account until needed.
(c) Safeguards in Mexico. The avocados must have been grown in the
Mexican State of Michoacan in an orchard located in a municipality that
meets the requirements of paragraph (c)(1) of this section. The orchard
in which the avocados are grown must meet the requirements of paragraph
(c)(2) of this section. The avocados must be packed for export to the
United States in a packinghouse that meets the requirements of
paragraph (c)(3) of this section. Sanidad Vegetal must provide an
annual work plan to APHIS that details the activities that Sanidad
Vegetal will carry out to meet the requirements of this section; APHIS
will be directly involved with Sanidad Vegetal in the monitoring and
supervision of those activities. The personnel conducting the trapping
and pest surveys must be hired, trained, and supervised by Sanidad
Vegetal.
(1) Municipality requirements. (i) The municipality must be listed
as an approved municipality in the annual work plan provided to APHIS
by Sanidad Vegetal.
(ii) The municipality must be surveyed at least annually and found
to be free from the large avocado seed weevil Heilipus lauri, the
avocado seed moth Stenoma catenifer, and the small avocado seed weevils
Conotrachelus persea and C. aguacatae. The survey must cover at least
300 hectares in the municipality and include portions of each
registered orchard and areas with wild or backyard avocado trees. The
survey must be conducted during the growing season and completed prior
to the harvest of the avocados.
(iii) Trapping must be conducted in the municipality for
Mediterranean fruit fly (Medfly) (Ceratitis capitata) at the rate of 1
trap per 1 to 4 square miles. Any findings of Medfly must be reported
to APHIS.
(2) Orchard and grower requirements. The orchard and the grower
must be registered with Sanidad Vegetal's avocado export program and
must be listed as an approved orchard or an approved grower in the
annual work plan provided to APHIS by Sanidad Vegetal. The operations
of the orchard must meet the following conditions:
(i) The orchard and all contiguous orchards and properties must be
surveyed annually and found to be free from the avocado stem weevil
Copturus aguacatae. The survey must be conducted during the growing
season and completed prior to the harvest of the avocados.
(ii) Trapping must be conducted in the orchard for the fruit flies
Anastrepha ludens, A. serpentina, and A. striata at the rate of one
trap per 10 hectares. If one fruit fly is trapped, at least 10
additional traps must be deployed in a 50-hectare area immediately
surrounding the trap in which the fruit fly was found. If within 30
days of the first finding any additional fruit flies are trapped within
the 260-hectare area surrounding the first finding, malathion bait
treatments must be applied in the affected orchard in order for the
orchard to remain eligible to export avocados.
(iii) Avocado fruit that has fallen from the trees must be removed
from the orchard prior to harvest and may not be included in field
boxes of fruit to be packed for export.
(iv) Dead branches on avocado trees in the orchard must be pruned
and removed from the orchard.
(v) Harvested avocados must be placed in field boxes or containers
of field boxes that are marked to show the Sanidad Vegetal registration
number of the orchard. The avocados must be moved from the orchard to
the packinghouse within 3 hours of harvest or they must be protected
from fruit fly infestation until moved.
(vi) The avocados must be protected from fruit fly infestation
during their movement from the orchard to the packinghouse and must be
accompanied by a field record indicating that the avocados originated
from a certified orchard.
(3) Packinghouse requirements. The packinghouse must be registered
with Sanidad Vegetal's avocado export program and must be listed as an
approved packinghouse in the annual work plan provided to APHIS by
Sanidad Vegetal. The operations of the packinghouse must meet the
following conditions:
(i) During the time the packinghouse is used to prepare avocados
for export to the United States, the packinghouse may accept fruit only
from orchards certified by Sanidad Vegetal for participation in the
avocado export program.
[[Page 34842]]
(ii) All openings to the outside must be covered by screening with
openings of not more than 1.6 mm or by some other barrier that prevents
insects from entering the packinghouse.
(iii) The packinghouse must have double doors at the entrance to
the facility and at the interior entrance to the area where the
avocados are packed.
(iv) Prior to the culling process, a sample of 250 avocados per
shipment must be selected, cut, and inspected by Sanidad Vegetal and
found free from pests.
(v) The identity of the avocados must be maintained from field
boxes or containers to the shipping boxes so the avocados can be traced
back to the orchard in which they were grown if pests are found at the
packinghouse or the port of first arrival in the United States.
(vi) The avocados must be packed in clean, new boxes. The boxes
must be clearly marked with the identity of the grower, packinghouse,
and exporter, and the statement ``Distribution limited to the following
States: CT, DC, DE, IL, IN, KY, ME, MD, MA, MI, NH, NJ, NY, OH, PA, RI,
VA, VT, WV, and WI.''
(vii) The boxes must be placed in a refrigerated truck or
refrigerated container and remain in that truck or container while in
transit through Mexico to the port of first arrival in the United
States. Prior to leaving the packinghouse, the truck or container must
be secured by Sanidad Vegetal with a seal that will be broken when the
truck or container is opened.
(viii) Any avocados that have not been packed or loaded into a
refrigerated truck or refrigerated container by the end of the work day
must be kept in the screened packing area.
(d) Certification. All shipments of avocados must be accompanied by
a phytosanitary certificate issued by Sanidad Vegetal certifying that
the conditions specified in this section have been met.
(e) Pest detection. (1) If any of the avocado seed pests Heilipus
lauri, Conotrachelus perseae, C. aguacatae, or Stenoma catenifer are
discovered in a municipality during an annual pest survey, orchard
survey, packinghouse inspection, or other monitoring or inspection
activity in the municipality, Sanidad Vegetal must immediately initiate
an investigation and take measures to isolate and eradicate the pests.
Sanidad Vegetal must also provide APHIS with information regarding the
circumstances of the infestation and the pest risk mitigation measures
taken. The municipality in which the pests are discovered will lose its
pest-free certification and avocado exports from that municipality will
be suspended until APHIS and Sanidad Vegetal agree that the pest
eradication measures taken have been effective and that the pest risk
within that municipality have been eliminated.
(2) If Sanidad Vegetal discovers the stem weevil Copturus aguacatae
in an orchard during an orchard survey or other monitoring or
inspection activity in the orchard, Sanidad Vegetal must provide APHIS
with information regarding the circumstances of the infestation and the
pest risk mitigation measures taken. The orchard in which the pest was
found will lose its export certification immediately and will be denied
export certification for the entire shipping season of November through
February.
(3) If Sanidad Vegetal discovers the stem weevil Copturus aguacatae
in fruit at a packinghouse, Sanidad Vegetal must investigate the origin
of the infested fruit and provide APHIS with information regarding the
circumstances of the infestation and the pest risk mitigation measures
taken. The orchard where the infested fruit originated will lose its
export certification immediately and will be denied export
certification for the entire shipping season of November through
February.
(f) Ports. The avocados may enter the United States at:
(1) Any port located in the northeastern States specified in
paragraph (a)(3) of this section;
(2) The ports of Galveston or Houston, TX, or the border ports of
Nogales, AZ, or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo,
TX; or
(3) Other ports within that area of the United States specified in
paragraph (g) of this section.
(g) Shipping areas. Except as explained below for avocados that
enter the United States at Nogales, AZ, avocados moved by truck or rail
car may transit only that area of the United States bounded on the west
by a line extending from El Paso, TX, to Denver, CO, and due north from
Denver; and on the east and south by a line extending from Brownsville,
TX, to Galveston, TX, to Kinder, LA, to Memphis, TN, to Knoxville, TN,
following Interstate 40 to Raleigh, NC, and due east from Raleigh. All
cities on these boundary lines are included in this area. If the
avocados are moved by air, the aircraft may not land outside this area.
Avocados that enter the United States at Nogales, AZ, must be moved to
El Paso, TX, by the route specified on the permit, and then must remain
within the shipping area described above.
(h) Shipping requirements. The avocados must be moved through the
United States either by air or in a refrigerated truck or refrigerated
rail car or in refrigerated containers on a truck or rail car. If the
avocados are moved in refrigerated containers on a truck or rail car,
an inspector must seal the containers with a serially numbered seal at
the port of first arrival in the United States. If the avocados are
moved in a refrigerated truck or a refrigerated rail car, an inspector
must seal the truck or rail car with a serially numbered seal at the
port of first arrival in the United States. If the avocados are
transferred to another vehicle or container in the United States, an
inspector must be present to supervise the transfer and must apply a
new serially numbered seal. The avocados must be moved through the
United States under Customs bond.
(i) Inspection. The avocados are subject to inspection by an
inspector at the port of first arrival, at any stops in the United
States en route to the northeastern States, and upon arrival at the
terminal market in the northeastern States. At the port of first
arrival, an inspector will sample and cut avocados from each shipment
to detect pest infestation.
Done in Washington, DC, this 29th day of June 1995.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-16405 Filed 6-30-95; 8:45 am]
BILLING CODE 3410-34-P