APHIS Proposes to Amend its Regulations on the Importation of Nursery Stock

The following are "highlights" of APHIS' proposed rule:

Genus and Species Name Would be Required on Phytosanitary Certificates

APHIS is proposing to require that the phytosanitary certificate that must accompany any restricted article presented for importation into the U.S. under Sec. 319.37-4(a) include the genus and species name of the restricted article that it accompanies.

Restricted Articles Not Required to be Imported Under Written Permit Could be Offered at Any CBP Ports of Entry

APHIS is proposing to amend the regulations to indicate that restricted articles not required to be imported under a written permit may be imported or offered for importation at any CBP designated port of entry indicated in APHIS' regulations. In addition, APHIS is proposing to add a plant inspection station in Linden, NJ, to the list of Federal plant inspection stations in Sec. 319.37-14.

New or Amended Definitions Proposed

APHIS is proposing to add or amend a number of definitions in its regulations including the definitions of: preclearance, from, regulated plant, restricted article, inspector, etc.

(APHIS notes that the current definition of from may place an unnecessary burden on Canadian importers who wish to export imported plants to the U.S.)

Treatment of Nursery Stock Outside U.S.

APHIS is proposing to add a paragraph to Sec. 319.37-6 that would explicitly indicate that treatment of regulated articles of nursery stock may be administered outside the United States.

Proposed Changes for Certain Plants from Various Countries

Rubus spp. from Europe.APHIS is proposing to add Rubus spp. from Europe not meeting the conditions for importation in Section 319.37-5(f) to the list of prohibited articles in Sec. 319.37-2(a). (Rubus stunt (Phytoplasma) is a leafhopper-borne agent that causes damage to foilage and flowers.)

Plants in Vitro. APHIS is proposing to remove the requirement that lots of 13 or more items of plants in vitro may only be imported after issuance of a written permit by a Plant Protection and Quarantine (PPQ) inspector, unless their importation is prohibited and or restricted elsewhere in the nursery stock regulations.

(APHIS defines plants in vitro as "plants in an aseptic medium in a closed container," and notes that such plants are minimally exposed to plant diseases and pests that may exist in the area surrounding its nursery of origin.)

Bulbs from the Netherlands. APHIS is proposing to allow bulbs from the Netherlands to enter the U.S. with a special certificate in lieu of a phytosanitary certificate. The special certificate would list special identification information for the shipment, including a serial number referring to the phytosanitary certificate on file in the Netherlands.

Certain seeds from Canada.APHIS is proposing to amend Sec. 319.37-4 to exempt certain Canadian seeds from the requirement for a phytosanitary certificate. Certain seeds from specific establishments in Canada would be able to enter the U.S. with proper identification and an alternative document in lieu of the required phytosanitary certificate. The alternative document would be an export certification label and a document agreed upon by APHIS and the Canadian Food Inspection Agency (CFIA).

Blueberry plants from Canada. APHIS is proposing to amend Sec. 319.37-5 to require that Vaccinium corymbosum plants from Canada be accompanied by a phytosanitary certificate with an additional declaration stating they are free of blueberry scorch carlavirus.

Pelargonium plants from the Canary Islands.APHIS is proposing to require that Pelargonium spp. plants from the Canary Islands be grown under certain conditions and accompanied by a phytosanitary certificate. A phytosanitary certificate with an additional declaration confirming that those growing conditions have been met for Pelargonium spp. plants would minimize risk that such organisms such as Helicoverpa armigera, Chrysodexixis chalcites and Cornutiplusia circumflexa might enter the United States.

Approved plants from Israel.APHIS is proposing to require that plants from Israel be grown under certain conditions and accompanied by a phytosanitary certificate along with an additional declaration confirming that those growing conditions have been met.

Kenaf seed from Mexico.APHIS is proposing to provide an exception to the restriction for seeds of kenaf from Mexico that are imported into pink bollworm generally infested areas in the U.S. The states of Arizona, New Mexico, and Texas, and specific counties in California are pink bollworm generally infested areas. Under APHIS' proposed rule, shipments of untreated kenaf seed from Mexico would be authorized entry into those pink bollworm generally infested areas subject to inspection. Immediately upon release, those shipments would be subject to the domestic pink bollworm quarantine regulations.

Plants in growing media from certain areas in Canada.APHIS is proposing to amend Sec. 319.37-8(b) to allow importation of restricted plant articles from areas of Canada that are infested with potato cyst nematodes as long as they are grown in approved media and isolated from potato cyst nematodes.

Hydrangea spp.APHIS is proposing to decrease the amount of time imported Hydrangea spp. must be grown in postentry quarantine conditions from two years to nine months. With this change, Canada's nine-month postentry growing period for Hydrangea spp. would be equivalent to the postentry quarantine conditions specified in Sec. 319.97-7.

Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum.APHIS is proposing to decrease the amount of time that certain imported chrysanthemums (i.e., Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina, and Nipponanthemum nipponicum) must be grown in postentry quarantine conditions from six months to two months if the articles are grown in accordance with the requirements of an APHIS-approved best management practices program.

Unused clay pots and new wooden baskets.APHIS is proposing to amend Sec. 319.37-8(d) to allow unused clay pots and new wooden baskets to be used as a growing media for epiphytic plants.

(See proposed rule for other proposed changes to APHIS' nursery stock regulations.)

- comments must be received on or before February 13, 2006

APHIS contact - Dr. Arnold T. Tschanz (301) 734-5306

APHIS proposed rule (D/N 03-002-1, FR Pub 12/15/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-24031.pdf