[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Proposed Rules]
[Pages 39888-39889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19184]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 95-046-1]
Importation of Fruits and Vegetables; Phytosanitary Certificates
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Animal and Plant Health Inspection Service (APHIS) is
soliciting public comment on a change we are considering making to the
fruits and vegetables import regulations. We are considering requiring
a phytosanitary certificate to accompany all shipments of imported
produce, both commercial shipments and produce brought into the United
States by individual travelers. We believe this change would
substantially increase our ability to exclude dangerous plant pests
associated with produce from the United States, but it would also
require substantial changes in the practices of travelers and importers
who bring produce into the United States.
DATES: Consideration will be given only to comments received on or
before October 3, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-046-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-046-1. 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 Plant Quarantine Act (7 U.S.C. 151 et seq.) and the Federal
Plant Pest Act (7 U.S.C. 150aa et seq.) authorize the Animal and Plant
Health Inspection Service (APHIS) to prohibit or restrict the
importation into the United States of any plants, roots, bulbs, seeds,
or other plant products, including fruits and vegetables, to prevent
the introduction of plant pests into the United States. ``Subpart--
Fruits and Vegetables'' (7 CFR 319.56 et seq.) contains restrictions on
the importation into the United States of fruits, vegetables, and
plants or portions of plants used as packing material in connection
with shipments of fruits and vegetables.
A phytosanitary certificate is a document issued by a plant
protection official of a national government that is issued to
facilitate the international movement of a plant or plant product
article. A phytosanitary certificate certifies that the article has
been thoroughly inspected, is believed to be free from injurious plant
diseases, injurious insect pests, and other plant pests, and is
otherwise believed to be eligible for importation into the country of
destination pursuant to the current phytosanitary laws and regulations
of that country. A phytosanitary certificate may also contain
additional declarations regarding the area of origin, conditions of
growth, or treatment of the article, when such information is relevant
to the eligibility of the article for importation. The form and use of
phytosanitary certificates is governed by the International Plant
Protection Convention.
Phytosanitary certificates are in wide use in international trade.
APHIS issues thousands of phytosanitary certificates each year to
facilitate export of United States agricultural products to countries
that require phytosanitary certificates to accompany such products. We
also require many agricultural products imported into the United States
to be accompanied by phytosanitary certificates.
For example, phytosanitary certificates are required for restricted
articles under 7 CFR 319.37 et seq., ``Subpart--Nursery Stock, Plants,
Roots, Bulbs, Seeds, and Other Plant Products,'' and under 7 CFR 319.75
et seq., ``Subpart--Khapra Beetle.''
Phytosanitary Certificate Requirement for All Imported Produce
We are considering requiring a phytosanitary certificate to
accompany all shipments of imported produce, both commercial shipments
and produce brought into the United States by individual travelers.
Historically, we have not required a phytosanitary certificate for
imports of fresh produce because, given the volume of produce entering
the United States, we felt that we could provide adequate protection
for U.S. agriculture by having well-trained United States Department of
Agriculture (USDA) personnel inspect all imported produce. Port of
entry inspection by our officers was, and continues to be, an important
safeguard to which all imported produce is subject.
Today, from the standpoint of quarantine control, the picture of
produce importations is changing dramatically. The number of foreign
travelers continues to increase. The amount of produce they bring with
them likewise continues to increase, and the pest risk inherent in such
importations may well have increased. Commercial importations also
continue to increase in quantity and variety of product.
At the same time, foreign Ministries of Agriculture are
increasingly able to provide phytosanitary export inspection and
certification. We believe that the availability and overall quality of
these activities has improved, partly as a result of our International
Services programs abroad.
Imported produce presents a relatively high risk of introducing
exotic plant pests. Produce brought by travelers is particularly
dangerous because:
The origin of the produce is often difficult to determine.
The produce is often grown in dooryards with little or no
pest control.
Travelers bring noncommercial varieties with unknown
susceptibility to pests and diseases.
The fruits are often ripe or overripe and therefore
particularly susceptible to infestations.
Historically, decisions to allow importation of produce
were based on an evaluation of the pest risk associated with commercial
production, not backyard production.
In addition to the above, we now face increasing restrictions on
the number of personnel we can devote to inspecting produce imports. It
appears that these restrictions will be of long duration if not
permanent. We are finding it increasingly difficult to provide the
level of quarantine security we feel is needed. To a significant
extent, a phytosanitary certificate requirement is an effective
augmentation to inspection.
The phytosanitary certificate requirement would provide a
significant measure of protection against the introduction of exotic
plant pests. This
[[Page 39889]]
requirement would represent a significant change from current practice.
Therefore, if we make this change we would conduct an intensive public
relations campaign to alert importers and travelers to the new
requirement and encourage compliance. Compliance with this new
phytosanitary certificate requirement should significantly reduce the
infestation levels in both commercial and non-commercial importations.
As we see it, these are the positive effects of a phytosanitary
certificate requirement:
The quantity of produce brought by travelers would be
curtailed, resulting in far fewer infested lots of produce being
imported from dooryard gardens and infested countries, thereby reducing
the risk of pest introduction.
Commercial and noncommercial importations would have the
added safeguard of a foreign issued phytosanitary certificate, which
would certify that the produce was inspected and found to comply with
our requirements. The phytosanitary certificate could also be the focal
point of APHIS's feedback to countries that inadvertently certify
prohibited or infested produce.
The requirement would be legally sound, based on the
Agency's statutory authority, and be in accord with the International
Plant Protection Convention.
The negative effects for which we must plan are:
Despite a public relations campaign, there would be
numerous complaints from travelers about seized produce, especially
during the first year of enforcement.
APHIS would have to prepare for increased smuggling
because the phytosanitary certificate requirement would essentially
prohibit produce brought by travelers.
All countries shipping produce to the United States would
have to provide phytosanitary certificates for all shipments. These
countries might have difficulties dealing with the increased workload,
and effects might include increases in the number of errors and
improperly issued phytosanitary certificates. Importers might assume
that improperly issued phytosanitary certificates authorize them to
import prohibited produce.
APHIS would have to prepare guidelines for enforcement of
the new requirements.
The phytosanitary certificate requirement would have a strong
effect on movements into the United States from Canada and Mexico. In
particular, local residents bring a large quantity of produce across
the Mexican border as groceries for local consumption in the United
States. Along the border, these groceries are known as ``mandado''.
If a phytosanitary certificate requirement is imposed, all fruit
and vegetable mandado would be subject to it. However, the current
systems for issuing phytosanitary certificates in Mexico do not make it
feasible for customers in retail stores and fruit and vegetable stands
to obtain certificates so that they could legally bring their purchases
into the United States. Therefore, unless the system for issuing
certificates in Mexico changes significantly, imposition of a
phytosanitary certificate requirement would mean that persons would be
unable to practically and legally import mandado into the United
States. Based on our many years' experience in examining mandado on the
Mexican border, we believe that admissible fruits and vegetables in
mandado do not present a significant pest risk. We also recognize that
the phytosanitary certificate requirement could result in inconvenience
and increased costs for thousands of persons who daily bring Mexican
fruits and vegetables across the border for consumption in the United
States.
A somewhat similar situation might apply with regard to the
Canadian border, although there is less traffic of this sort from
Canada. We welcome suggestions on how to accommodate movements for
local consumption from Canada and Mexico without sacrificing quarantine
effectiveness. We also welcome comments on any other issue related to a
possible proposal to require phytosanitary certificates to accompany
all produce imported into the United States.
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).
Done in Washington, DC, this 27th day of July 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-19184 Filed 8-3-95; 8:45 am]
BILLING CODE 3410-34-P
