[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]



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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.

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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