Agricultural Commodity, Plant, Organism Regulations

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Agricultural Commodity, Plant, Organism
Regulations New Perspectives
Commodity Import Analysis and Operations
(CIAO) United States Department of
Agriculture Animal and Plant Health Inspection
Service Plant Protection and Quarantine Plant
Health Programs Permits, Registration, Imports
and Manuals
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Areas of Responsibility

• Nonpropagative Plants and Plant Products Import
  Policy
• Plants for Planting Import Policy
• Risk Management for imported plants and plant
  products
• Import permit policy and issuance of permits for
  Plants and Plant Products

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Strategic Objective

• Advance APHIS mission to protect the health and
  value of American resources by working to ensure
  that U.S. regulatory policy and import
  requirements are based on science and aligned
  with national and international agreements on
  plant health protection.

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Plant Protection Act - Authority

• Under the Plant Protection Act, the Secretary of
  Agriculture is authorized to undertake such
  actions as may be necessary to prevent the
  introduction and spread of plant pests and
  noxious weeds within the United States.

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Notices of Quarantine

• 7 CFR 319 Foreign Notices of Quarantine
• Codify import requirements
• Requirements must be operationally and
  technically feasible, verifiable and enforceable
  at U.S. Ports of Entry

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Notices of Quarantine

• -37 Nursery Stock, Plants, Roots, Bulbs, Seeds,
  and other Plant Parts
• -56 Importation of Fruit and Vegetables
• Others Cotton, Logs and Lumber, Cut Flowers,
  Citrus, Rice, Wheat and Corn Diseases, Sugarcane,
  Coffee, Indian Corn, Maize, Broome Corn, Soil,
  and Khapra Beetle

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Hawaiian and Territorial Quarantine Notices
7CFR318

• Interstate movement of fruit, vegetables and
  other commodities between the continental U.S.
  and Hawaii and the territories is regulated to
  prevent the spread of dangerous plant pests and
  diseases.

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Phytosanitary Treatments 7CFR305

• Approved phytosanitary treatments that have been
  evaluated and determined to effectively mitigate
  the risk associated with regulated pests, are
  published in the CFR.

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Historic Development of Regulatory Policy

• Many of the foreign quarantines were developed
  more than 50 years ago.
• The regulatory policy was based on the current
  technical capabilities, operational feasibility,
  and political considerations of the time in which
  it was developed.
• PPQ is reviewing and updating many of its
  regulatory policies to remove inconsistencies.

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Comparison of Q-56 (Consumption Items) Q-37
Q-56 Q-37
Enterability (subject to inspection) Only specific taxa/country combinations, published All taxa except specifically prohibited
Risk assessment mitigation Required before each new importation Only for plants in growing media
Genera imported About 200 Over 3,000
Duration of risk Days to weeks Months to years
Suitable host/environment for establishment Less likely More Likely
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Evolution of Q-37 Original Intent vs Current
Practice
Early Years Current Status Globalization
Trading Partners Europe Worldwide
of Items Allowed Import Limited (lt 100 items) germplasm of clonal material only Unlimited
Purpose of Importation Nursery propagation program starter material Slow distribution Direct field/homeowner planting Immediate distribution
Fumigation Mandatory on all imported stock Only when quarantine pest found
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Updating Import Regulatory Policy

• Review and revise Q-37
• Align the regulatory policy pertaining to the
  various quarantines to remove inconsistencies
• Use broad-based pest risk analysis wherever
  possible
• Streamline rulemaking for routine market access
  requests

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Pest Risk Analysis

• Pest Risk Assessment Risk Management Risk
  Communication
• CIAO is responsible for selection of the
  appropriate risk management measures in order to
  effectively mitigate the quarantine pest risk
  associated with the importation of plants and
  plant products.

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Pest Risk Management

• Phytosanitary measures should not restrict the
  entry of regulated articles unless such measures
  are made necessary by phytosanitary
  considerations and are technically justified.
• CIAO risk managers develop risk management
  documents that are published in the Federal
  Register to support the regulatory policy in
  proposed rules.

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Selection of Appropriate Risk Management Options

• The principle of minimal impact ensures that
  measures are consistent with the pest risk
  involved and represent the least restrictive
  measures available which result in the minimum
  impediment to the international movement of
  people, commodities, and conveyances.

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Selection of Appropriate Risk Management Options

• Appropriate measures should be chosen based on
  their effectiveness in reducing the probability
  of introduction of the pest(s).
• Phytosanitary measures should be cost effective
  and technically feasible

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Pest Risk Management Options phytosanitary
regulations or requirements

• The selection of one or more management options
  that have been found to lower the risk associated
  with the pest(s) to an acceptable level, or
• No measures are identified which are considered
  appropriate.
• Prohibition of a commodity should be used only
  when no other alternatives of pest risk
  management exist. Prohibitions should be
  technically justified.

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Import Permits for Plants and Plant Products

• CIAO issues import permits to importers with
  valid U.S. addresses for the majority of plants
  and plant products.
• Import permits outline the requirements that must
  be met for entry of plants and plant products
  into the United States.

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Import Permit Policy updates

• Notable exception Most plant and plant product
  imports from Canada are exempt.

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Amending Import Permit Policy

• PPQ is reviewing its import permit policy
• Controlled Import Permits (CIPs) will replace
  several categories of permits
• CIPs will require different levels of
  phytosanitary security that are consistent to
  level of pest risk

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Web Site Resources
Web Site Resources

• All PPQ Manuals http//www.aphis.usda.gov/ppq/man
  uals/online_manuals.html
• Fruits and Vegetables Manual http//www.aphis.us
  da.gov/ppq/manuals/port/FV_Chapters.htm
• Plants for Planting Manual (Nursery Stock)
  http//www.aphis.usda.gov/ppq/manuals/port/pdf_fil
  es/Nursery_Stock.pdf
• On-Line CFRs http//ecfr.gpoaccess.gov/cgi/t/tex
  t/text-idx?sid9bb3df41544fa145f9b20f7c1161d0dfc
  ecfrtpl/ecfrbrowse/Title07/7tab_02.tpl
• http//ecfr.gpoaccess.gov/cgi/t/text/text-idx?cec
  frtpl2Findex.tpl Then Choose Title 7-
  Agriculture
• USDA, APHIS Library
• http//www.aphis.usda.gov/library/

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• Thank You
• Questions?
• Contact Information
• Shirley Wager Pagé
• Telephone [phone]
• e-mail Shirley.A.Wager-Page_at_aphis.usda.gov