APHIS Proposes to Amend its Regulations on the Importation of Certain Fruits and Vegetables

The Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would amend 7 CFR Part 319 in order to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the U.S. APHIS states that this would provide the U.S. with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through such imports.

According to APHIS, this proposed rule would also list certain fruits and vegetables that have been imported into the U.S. under a permit without being specifically listed in the regulations, in order to improve the regulations' transparency.

This is Part II, the final part of a two-part series of summaries on APHIS' proposed rule.

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

2t: New Zealand Spinach from Israel

APHIS is proposing to amend 7 CFR 319.56-2t by adding New Zealand spinach from Israel to the list of commodities eligible for importation into the U.S. As a result of a February 2004 pest risk analysis on New Zealand spinach from Israel, APHIS also states that inspection at the port of entry is the only necessary mitigation measure in this case.

2t: Citrus from New Zealand

APHIS proposes to amend 7 CFR 319.56-2t by adding an entry for commercial citrus from New Zealand. APHIS has prepared a pest risk assessment and risk management document for Citrus spp. from New Zealand which identifies six pests of concern for citrus with a medium risk of introduction (see proposed rule for a list of these pests). APHIS is also proposing to set out mitigation measures for these pests which are part of the existing Australian citrus import program described in 7 CFR 319.56-2v.

APHIS is proposing that the entry for New Zealand citrus in the table in 7 CFR 319.56-2t contain a reference to 7 CFR 319.56-2t(b)(3) which states "commercial shipments only." In addition to this requirement, APHIS would add a new 7 CFR 319.56-2t(b)(5)(vii) which would require all shipments of citrus from New Zealand to be accompanied by a phytosanitary certificate issued by the country's national plan protection organization (NPPO) with an additional declaration stating that the fruit in the shipment has been inspected and found free of the six pests of concern. This new paragraph would also provide for an additional inspection at the port of entry consisting of a biometric sampling at a rate of 100% of 30 boxes taken randomly throughout the shipment. This inspection would also include examination of the box for hitchhiking pests. (See proposed rule for description of standard post harvest procedures for commercial shipments.)

2t: Pineapples from South Africa

APHIS is proposing to amend the entry for pineapples from South Africa in the table in 7 CFR 319.56-2t by adding a reference to new 7 CFR 319.56-2t(b)(2)(v), which would limit distribution of the fruit to the continental U.S. only and require shipments to be labeled accordingly. APHIS explains that it currently allows pineapples from South Africa entry into all States, except Hawaii and territories without restrictions, but an earlier pest risk assessment for pineapples from South Africa only evaluated the risks associated with importation into the continental U.S. Therefore, this oversight is being corrected.

2dd: Tomatoes from Chile

APHIS proposes to amend 7 CFR 319.56-2dd by reorganizing paragraph (d) and by adding a new paragraph (d)(2) which would set forth provisions of a "systems approach" for tomatoes from all regions in Chile. APHIS explains that 7 CFR 319.56-2dd(d) currently provides for tomatoes from Chile to be imported only if treated for Medfly, the fruit fly Rhagoletis tomatis, and tomato leafminer (Tuta absoluta) with methyl bromide in accoradance with 7 CFR Part 305.

APHIS explains that a systems approach is a set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities. Some of the requirements under this proposed systems approach include: production sites must be approved and registered with the NPPO of Chile, visits and inspections by the NPPO of Chile, pest exclusionary greenhouses, pest trapping in certain areas, phytosanitary certificates from the NPPO of Chile, etc. See proposed rule for full details of the proposed systems approach for tomatoes from Chile.

2ii: Mangoes from Philippines

APHIS is proposing to amend 7 CFR 319.56-2ii to allow mangos to be imported from all areas of the Philippines, except the island of Palawan, into Guam and Hawaii. CBP explains that currently, only mangoes from the island of Guimaras are allowed importation in to the U.S. because it is the only areas in the Philippines that is free of mango seed weevil, a quarantine pest. However, APHIS has determined that mangoes can be safely imported from most areas of the Philippines into Guam and Hawaii because the mango seed weevil is already present in those areas. The island of Palawan would be excluded because the pulp seed weevil is present, but is not known to exist in the U.S.

APHIS states that shipments would have to be labeled "For distribution in Guam and Hawaii only." In addition, APHIS would require that mangoes originating from those additional islands of the Philippines meet all other provisions in 7 CFR 319.56-2ii, which include vapor heat treatment for fruit flies of the genus Bactrocera, inspection in either the Philippines or the port of first arrival in the U.S., and a phytosanitary certificate stating that the shipment has been treated for fruit flies of the genus Bactrocera in accordance with 7 CFR 319.56-2ii(b).

2t & 2x: Swiss Chard, Green or Garden Beans, Bananas, Cassava, Etc.

APHIS is also proposing to make several nomenclature changes to commodities listed in 7 CFR 319.56-2t and 319.56-2x. These changes would more accurately describe each commodity, are more universally understood, and would allow for easier identification at ports of entry.

With respect to 7 CFR 319.56-2t, APHIS proposes to change the common name of chard from the Republic of Korea to Swiss chard and to change the plant part entry to read "leaf and stem'' instead of "leaf.'' APHIS also proposes to change the botanical name for Swiss chard from Peru from Beta vulgaris to Beta vulgaris subsp. cicla. APHIS also proposes to make nonsubstantive changes to 7 CFR 319.56-2t for clarity. APHIS proposes to revise the plant parts entries for rambutan, longan, and litchi to include "cluster;'' for bananas from Mexico to read "flower and leaf'' instead of "flower and fruit;'' for loroco from El Salvador and Nicaragua to read "flower and leaf;'' and for cassava from Sierra Leone to read "leaf and root.''

In 7 CFR 319.56-2x, APHIS proposes to amend the entry for El Salvador by changing the common name for garden bean to green bean and would amend all entries for litchis and longan to include "cluster'' under the plant parts heading.

Proposed Definition of NPPO

APHIS is also proposing to amend 7 CFR 319.56-1 by adding the following definition of "national plant protection organization (NPPO)": "Official service established by a government to discharge the function specified by the International Plant Protection Convention." APHIS states that this is the same definition provided in the International Plant Protection Convention's Glossary of Phytosanitary Terms.

(See ITT's Online Archives or 01/31/06 news, 06013110, for Part I of BP summary of this proposed rule)

APHIS Contact - Donna West (301) 734-8758

APHIS Proposed Rule (D/N 03-086-1, FR Pub 12/22/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-7690.pdf