APHIS Final Rule Amends Regulations on Importation of Certain Fruits and Vegetables (Part II - Final)

According to APHIS, this final rule provides the U.S. with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through imported fruits and vegetables.

APHIS states that some of these fruits and vegetables are already eligible for importation under permit, but are not specifically listed in the regulations. All of the fruits and vegetables, as a condition of entry, will be inspected and subject to treatment at the port of first arrival as may be required by an inspector. In addition, some of the fruits and vegetables will be required to meet other special conditions.

This is Part II, the final part of a two-part series of summaries on APHIS' final rule. The following are "highlights" of APHIS' final rule (continued):

2t: New Zealand Spinach from Israel

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

2t: Citrus from New Zealand

APHIS amends 7 CFR 319.56-2t by adding an entry for commercial citrus from New Zealand. APHIS previously prepared a pest risk assessment and risk management document for Citrus spp. from New Zealand which identified six pests of concern for citrus with a medium risk of introduction. APHIS also sets mitigation measures for these pests which are part of the existing Australian citrus import program described in 7 CFR 319.56-2v.

APHIS also amends the entry for New Zealand citrus in the table in 7 CFR 319.56-2t by adding a reference to 7 CFR 319.56-2t(b)(3) which states "commercial shipments only." In addition to this requirement, APHIS adds a new 7 CFR 319.56-2t(b)(5)(vii) which requires 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 also provides 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 includes examination of the box for hitchhiking pests.

2t: Pineapples from South Africa

APHIS amends 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 limits distribution of the fruit to the continental U.S. only and require shipments to be labeled accordingly. APHIS has explained that it previously allowed 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 has been corrected.

2dd: Tomatoes from Chile

APHIS amends 7 CFR 319.56-2dd by reorganizing paragraph (d) and by adding a new paragraph (d)(2) which sets forth provisions of a "systems approach" for tomatoes from all regions in Chile. APHIS has explained that 7 CFR 319.56-2dd(d) previously provided 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 previously explained 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 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.)

2ii: Mangoes from Philippines

APHIS amends 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. U.S. Customs & Border Protection (CBP) has explained that previously, only mangoes from the island of Guimaras were allowed importation in to the U.S. because it was the only area in the Philippines that was 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 is excluded because the pulp seed weevil is present, but is not known to exist in the U.S.

APHIS states that shipments have to be labeled "For distribution in Guam and Hawaii only." In addition, APHIS requires 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 also amends 7 CFR 319.56-2t and 319.56-2x by making several nomenclature changes to commodities. These changes more accurately describe each commodity, are more universally understood, and allow for easier identification at ports of entry.

With respect to 7 CFR 319.56-2t, APHIS changes the common name of chard from the Republic of Korea to Swiss chard and changes the plant part entry to read "leaf and stem'' instead of "leaf.'' APHIS changes the botanical name for Swiss chard from Peru from Beta vulgaris to Beta vulgaris subsp. cicla. APHIS also makes nonsubstantive changes to 7 CFR 319.56-2t for clarity. APHIS revises 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 amends the entry for El Salvador by changing the common name for garden bean to green bean and amends all entries for litchis and longan to include "cluster'' under the plant parts heading.

Definition of NPPO

APHIS amends 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 has previously stated that this is the same definition provided in the International Plant Protection Convention's Glossary of Phytosanitary Terms.

(See ITT's Online Archives or 12/29/06 news, 06122925, for Part I of BP summary on this final rule. See ITT's Online Archives or 01/31/06 and 02/01/06 news, 06013110 and 06020120, for Parts I and II BP summary of the proposed rule. See ITT's Online Archives or 03/06/06 news, 06030625, for BP summary of APHIS' reopening of the comment period on the proposed rule.)

APHIS contact - Donna West (301) 734-8758

APHIS final rule (D/N 03-086-3, FR Pub 12/18/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-21496.pdf