[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Rules and Regulations]
[Pages 62319-62321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29749]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 94-065-2]


Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are revising the regulations for the importation of fruits 
and vegetables to update provisions for inspections and other 
activities at the port of first arrival. We are clarifying the 
procedures by which we give notice to an importer that cleaning, 
disinfection, disposal, or some other action is required for a shipment 
of fruits and vegetables. We are also clarifying the responsibility of 
the owner of imported fruits or vegetables for carrying out actions 
ordered by an inspector in accordance with the regulations. This action 
provides clearer standards for persons who must comply with the 
regulations and aids our enforcement of the regulations.

EFFECTIVE DATE: January 5, 1996.

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 regulations in 7 CFR 319.56 through 319.56-8 (referred to below 
as the regulations) prohibit or restrict the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent the introduction and dissemination of injurious insects that 
are new to or not widely distributed within and throughout the United 
States.
    Section 319.56-6 of the regulations addresses requirements for the 
inspection and disinfection of imported fruits and vegetables at the 
port of first arrival. This section provides, among other things, that 
all imported fruits and vegetables, as a condition of entry, shall be 
subject to inspection, disinfection, or both, at the port of first 
arrival, as may be required by a U.S. Department of Agriculture 
inspector. The purpose of the inspection or disinfection is to detect 
and eliminate plant pests. This section also provides that any shipment 
of fruits and vegetables may be refused entry if the shipment is 
infested with fruit flies or other dangerous plant pests and an 
inspector determines that it cannot be cleaned by disinfection or 
treatment, or if the shipment contains leaves, twigs, or other portions 
of plants.
    Section 319.56-6 also prohibits the movement of imported fruits and 
vegetables from the port of first arrival until the inspector gives 
notice to the collector of customs that the products have been 
inspected and found to be free from infestation and from plants or 
portions of plants used as packing or otherwise. This section also 
states that the importer is responsible for all charges for storage, 
cartage, and labor incident to inspection and disinfection, other than 
the services of the inspector.
    On July 12, 1995, we published in the Federal Register (60 FR 
35871-35873, Docket No. 94-065-1) a proposal to amend the regulations 
by revising Sec. 319.56-6 to update provisions for inspections and 
other activities at the port of first arrival; to clarify the 
procedures by which we give notice to an importer that cleaning, 
disinfection, disposal, or some other action is required for a shipment 
of fruits or vegetables; and to clarify the responsibility of the owner 
of imported fruits or vegetables for carrying out actions ordered by an 
inspector in accordance with the regulations. We proposed these 
clarifications because the regulations are unclear on some points, and 
we have experienced difficulties enforcing some of the requirements 
because the regulations do not specify who is responsible for all of 

[[Page 62320]]
the activities and costs that may be required to clear a shipment for 
entry into the United States. In this proposal, we also proposed to 
correct 7 CFR 319.37-6(e) by removing Mexico from the list of countries 
with restricted importation of citrus seed due to citrus canker.
    We solicited comments concerning our proposal for 60 days ending 
September 11, 1995. We received one comment by that date. It was from a 
State agency and supported the proposed rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This rule clarifies procedures for the inspection and release of 
imported fruits and vegetables at the port of first arrival in the 
United States. This revision of the regulations updates the regulatory 
language to conform to procedures currently in use at ports. These 
changes provide a clearer standard for importers of fruits and 
vegetables who must comply with the regulations, and will enhance 
enforcement of the regulations. The changes do not add any significant 
new costs for importers of fruits and vegetables or other persons. 
Importers are already responsible for all costs of treatment, movement, 
storage, or destruction ordered by an inspector at a port.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This rule clarifies the requirements at the port of first arrival 
for fruits and vegetables imported into the United States. State and 
local laws and regulations regarding the importation of fruits and 
vegetables under this rule will be preempted while the fruits and 
vegetables are in foreign commerce. Fresh fruits and vegetables are 
generally imported for immediate distribution and sale to the consuming 
public, and will remain in foreign commerce until sold to the ultimate 
consumer. The question of when foreign commerce ceases in other cases 
must be addressed on a case-by-case basis. No retroactive effect will 
be given to this rule, and this rule will not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery Stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, 7 CFR part 319 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues to read as 
follows:

    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).


Sec. 319.37-6  [Amended]

    2. In Sec. 319.37-6, paragraph (e) is amended by removing the word 
``Mexico,''.
    3. Section 319.56-6 is revised to read as follows:


Sec. 319.56-6  Inspection and other requirements at the port of first 
arrival.

    (a) Inspection and treatment. All imported fruits or vegetables 
shall be inspected, and shall be subject to such disinfection at the 
port of first arrival as may be required by an inspector, and shall be 
subject to reinspection at other locations at the option of an 
inspector. If an inspector finds a plant pest or evidence of a plant 
pest on or in any fruit or vegetable or its container, or finds that 
the fruit or vegetable may have been associated with other articles 
infested with plant pests, the owner or agent of the owner of the fruit 
or vegetable shall clean or treat the fruit or vegetable and its 
container as required by an inspector, and the fruit or vegetable shall 
also be subject to reinspection, cleaning, and treatment at the option 
of an inspector at any time and place before all applicable 
requirements of this subpart have been accomplished.
    (b) Assembly for inspection. The owner or agent of the owner shall 
assemble imported fruits and vegetables for inspection at the port of 
first arrival, or at any other place prescribed by an inspector, at a 
place and time and in a manner designated by an inspector.
    (c) Refusal of entry. If an inspector finds that an imported fruit 
or vegetable is prohibited or is so infested with a plant pest that, in 
the judgment of the inspector, it cannot be cleaned or treated, or 
contains soil or other prohibited contaminants, the entire lot may be 
refused entry into the United States.
    (d) Release for movement. No person shall move from the port of 
first arrival any imported fruit or vegetable unless and until an 
inspector notifies the person (in person, in writing, by telephone, or 
through electronic means) that the fruit or vegetable:
    (1) Has been released; or
    (2) Requires reinspection, cleaning, or treatment of the fruit or 
vegetable at that port or at a place other than the port of first 
arrival, or is prohibited and must be exported from the United States.
    (e) Notice to owner of actions ordered by inspector. If an 
inspector orders any disinfection, cleaning, treatment, reexportation, 
or other action with regard to imported fruits or vegetables, the 
inspector shall file an emergency action notification (PPQ Form 523) 
with the owner of the fruits or vegetables or an agent of the owner. 
The owner must, within the time specified in the PPQ Form 523, destroy 
the fruits and vegetables, ship them to a point outside the United 
States, move them to an authorized site, and/or apply treatments or 
other safeguards to the fruits and vegetables as prescribed by an 
inspector to prevent the introduction of plant pests into the United 
States.
    (f) Costs and charges. The Animal and Plant Health Inspection 
Service (APHIS), U.S. Department of Agriculture will be responsible 
only for the costs of providing the services of an inspector during 
regularly assigned hours of duty and at the usual places of duty.1 
The owner of imported fruits or vegetables is responsible for all 
additional costs of inspection, treatment, movement, storage, or 
destruction ordered by an inspector under this subpart, including any 
labor, chemicals, packing materials, or other supplies required. APHIS 
will not be responsible for any costs or 

[[Page 62321]]
charges, other than those identified in this section.

    \1\Provisions relating to costs for other services of an 
inspector are contained in 7 CFR part 354.
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    Done in Washington, DC, this 30th day of November 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-29749 Filed 12-5-95; 8:45 am]
BILLING CODE 3410-34-P