[Federal Register Volume 67, Number 160 (Monday, August 19, 2002)]
[Rules and Regulations]
[Pages 53727-53731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20940]



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  Federal Register / Vol. 67, No. 160 / Monday, August 19, 2002 / Rules 
and Regulations  

[[Page 53727]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 00-042-2]


Importation of Artificially Dwarfed Plants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations for importing plants and plant 
products by requiring artificially dwarfed plants that are imported 
into the United States to have been grown under certain conditions in 
greenhouses or screenhouses within nurseries registered with the 
government of the country where the plants were grown. This action is 
necessary to protect against the introduction of longhorned beetles 
into the United States.

EFFECTIVE DATE: September 18, 2002.

FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit 
140, Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 prohibit or restrict the 
importation of certain plants and plant products into the United States 
to prevent the introduction of plant pests. The regulations contained 
in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products,'' Secs. 319.37 through 319.37-14 (referred to below as 
the regulations), restrict, among other things, the importation of 
living plants, plant parts, and seeds for propagation.
    Under Sec. 319.37-2(b)(2) of the regulations, the importation from 
all foreign places except Canada of any naturally dwarf or miniature 
form of tree or shrub exceeding 305 mm (approximately 12 inches) in 
length from the soil line is prohibited, unless the plants are imported 
by the U.S. Department of Agriculture for experimental or scientific 
purposes in accordance with Sec. 319.37-2(c). Because the regulations 
do not explicitly prohibit the importation of naturally dwarf plants 
under 305 mm in length or artificially dwarfed plants, and because the 
regulations do not contain restrictions particular to their 
importation, such plants may be imported into the United States if they 
are accompanied by a phytosanitary certificate of inspection. Such 
plants are also subject to inspection and, if necessary, treatment for 
plant pests, at the port of first arrival in the United States, and 
under Sec. 319.37-8, such plants must be free of sand, soil, earth, or 
other growing media.
    On April 20, 2001, we published in the Federal Register (66 FR 
20208-20211, Docket No. 00-042-1) a proposal to amend the regulations 
by requiring artificially dwarfed plants that are imported into the 
United States to have been grown under certain conditions in nurseries 
registered with the government of the country where the plants were 
grown. We proposed this action in order to protect against the 
introduction of longhorned beetles and other plant pests into the 
United States.
    We solicited comments concerning our proposal for 60 days ending 
June 19, 2001. We received four comments by that date. They were from 
State agricultural officials, agricultural trade organizations, and an 
environmental advocacy group. The comments are discussed below.
    Comment: The relationship between the proposed rule and another 
proposed rule involving penjing from China is not clear.
    Response: This rule is worldwide in scope and is intended to 
increase and clarify the Animal and Plant Health Inspection Service's 
(APHIS's) requirements regarding the importation of all artificially 
dwarfed plants eligible for importation under current regulations. 
Current regulations allow the importation of artificially dwarfed 
plants only if they are bare-rooted and accompanied by a phytosanitary 
certificate. The requirements contained in this rule are intended to 
clarify what type of plant may be considered an artificially dwarfed 
plant for the purposes of the regulations, so as to eliminate the 
possibility that field-grown plants could be imported into the United 
States under the requirements for artificially dwarfed plants.
    In our proposed rule regarding the importation of penjing from 
China (See 65 FR 56803-56806, Docket No. 98-103-1), we proposed to 
allow, under certain conditions, the importation in growing media of 
five genera of artificially dwarfed plants from China.
    Comment: Several experts have questioned whether annual inspection 
by an exporting country's plant protection agency is sufficient to 
ensure greenhouses are pest-free. Inspections should take place once 
every 6 months rather than once every 12 months.
    Response: We proposed to require that artificially dwarfed plants 
be grown in a registered nursery for at least 2 years, and that the 
nursery where they were grown be inspected for any evidence of pests 
and found free of pests of quarantine significance to the United States 
at least once every 12 months by the plant protection service of the 
country where the plants were grown. Several comments that we received 
indicated that the commenters assumed that we had proposed to require 
that the plants be grown in a greenhouse at the nursery. Rather, we had 
simply proposed to require that the plants be grown in a nursery. Based 
on the apparent support among commenters for a requirement that plants 
be grown in a greenhouse for 2 years, we have added a requirement in 
this final rule based on the comments we received. We believe that 
requiring artificially dwarfed plants to be grown in a greenhouse or 
screenhouse, in conjunction with the other requirements described in 
the proposed rule, will reduce the risk that imported artificially 
dwarfed plants could become infested with quarantine pests.
    Under this change, in addition to the requirements described in the 
proposed rule, imported artificially dwarfed plants must be grown in a 
greenhouse or screenhouse. The greenhouse or screenhouse must have 
screening with openings of not more than 1.6 mm on all vents and 
openings, and all

[[Page 53728]]

entryways must be equipped with automatic closing doors. These 
screening and entryway requirements will help ensure that pests of 
concern are excluded from the structures in which the artificially 
dwarfed plants are grown. The phytosanitary certificate accompanying 
imported artificially dwarfed plants must state that the above 
requirements have been met. We are making this change to provide added 
assurance that longhorned beetles are not able to access and infest 
foreign-grown artificially dwarfed plants that are intended for export 
to the United States.
    Regarding the timing of inspections, we believe that annual 
inspections are sufficient to ensure that nurseries are practicing 
appropriate phytosanitary measures, and to ensure that nurseries meet 
the conditions described in this document and the proposed rule.
    Comment: Why did the proposed rule not address naturally dwarf or 
miniature forms of tree or shrubs smaller than 305 mm? The pest risk 
posed by naturally dwarf plants does not differ greatly from risk posed 
by artificially dwarfed plants, and the scientific rationale for 
different regulatory treatment of each is not clear.
    Response: The current regulations in Sec. 319.37(b)(2) prohibit the 
importation of naturally dwarf plants that are larger than 305 mm. 
Naturally dwarf or miniature forms of tree or shrubs smaller than 305 
mm are subject to inspection as a condition of entry into the United 
States, and must be bare-rooted and accompanied by a phytosanitary 
certificate.
    The proposed rule was intended to address the apparently increased 
pest risk posed by imported plants labeled or manifested as 
artificially dwarfed plants. As stated in our proposed rule, we believe 
that many plants that have recently been imported into the United 
States that have been labeled or manifested as artificially dwarfed 
plants may in fact be field-collected plants that are produced quickly 
in their country of origin for mass export. These plants include 
species that, historically, have not been imported as artificially 
dwarfed plants and that may not be given the same meticulous care and 
safeguards as traditional artificially dwarfed plants such as bonsai 
and penjing.
    Essentially, the proposed rule was intended to clarify what type of 
plant could be considered an artificially dwarfed plant for the 
purposes of the regulations, so as to eliminate the possibility that 
field-grown plants could be imported into the United States under the 
requirements for artificially dwarfed plants. We have not proposed to 
amend the requirements for naturally dwarf plants because there is no 
evidence to suggest that the pest risk associated with imported 
naturally dwarf plants has increased in a manner corresponding to the 
risk associated with plants following the artificially dwarfed plant 
pathway. Because naturally dwarf plants must be 305 mm or less in 
height to be eligible for importation, and since such plants do not 
have large woody stems into which longhorned beetles could bore, we do 
not believe such plants serve as suitable hosts for longhorned beetles.
    Comment: What height limitation is applied to imported artificially 
dwarfed plants? It appears that a 305 mm height limitation currently 
applies to artificially dwarfed plants, and that the proposal would not 
change that limitation. If under existing regulations there is no 
height restriction for artificially dwarfed plants, a reasonable height 
restriction should be considered to facilitate more effective 
inspection.
    Response: The 305 mm height restriction contained in 
Sec. 319.37(b)(2) applies only to naturally dwarf plants. At present, 
no height restrictions apply to imported artificially dwarfed plants. 
Further, the regulations in Sec. 319.37(b)(6) prohibit the importation 
of any plants (other than stem cuttings, cactus cuttings, artificially 
dwarfed plants, palms, and plants whose growth habits simulate palms) 
that are larger than 460 mm.
    We agree that there is a need to consider adopting a height 
restriction to facilitate the effective inspection of artificially 
dwarfed plants. We intend to address this issue in a subsequent 
rulemaking.
    Comment: Is there any track record for pest interceptions 
associated with naturally dwarf plants?
    Response: APHIS's pest interception records do not distinguish 
between naturally dwarf and artificially dwarfed plants. However, 
inspection personnel have not reported detections of the pests 
addressed by this rule (longhorned beetles, specifically) on naturally 
dwarf plants. Further, as stated earlier in this document, we do not 
believe naturally dwarf plants serve as suitable hosts for longhorned 
beetles.
    Comment: How were the mitigation measures selected? There is no 
discussion of pests under consideration, except to identify them as 
longhorned beetles and other dangerous plant pests. Will these measures 
provide adequate assurance that risks are being reduced to an 
acceptable level? Can an acceptable level of risk be more clearly 
defined and communicated?
    Response: As stated earlier in this document, the proposed 
mitigation measures were intended to clarify what type of plant could 
be considered an artificially dwarfed plant for the purposes of the 
regulations, so as to eliminate the possibility that field-grown plants 
could be imported into the United States under the requirements for 
artificially dwarfed plants. We believe these measures are necessary 
because field-grown plants that are labeled or manifested as 
artificially dwarfed plants appear to present a higher risk of 
introducing longhorned beetles into the United States than do 
traditionally grown artificially dwarfed plants. We believe that the 
requirements contained in the rule will significantly reduce the risk 
that imported artificially dwarfed plants could be infested with these 
longhorned beetles.
    Comment: The list of pests considered in the pest risk assessment 
is not complete and the mitigation measures in the proposed rule are 
not adequate to exclude pests of economic significance.
    Response: Again, the proposed rule was intended to address the risk 
posed by field-grown plants that are labeled or manifested as 
artificially dwarfed plants and that have served as pathways for the 
introduction of longhorned beetles into the United States. We are 
confident that the mitigation measures contained in this rule will 
accomplish that goal. We are not aware of any pests of quarantine 
significance associated with genuine artificially dwarfed plants that 
pose risks to U.S. agriculture that are not mitigated by existing 
phytosanitary measures (i.e., that the plants be accompanied by a 
phytosanitary certificate, that they are bare-rooted upon importation, 
and that they are subject to inspection upon arrival in the United 
States).
    Comment: Due to the pest risk associated with artificially dwarfed 
plants, APHIS should not allow imports of field-grown artificially 
dwarfed plants even when bare-rooted. Furthermore, APHIS should not 
allow greenhouse-grown plants to be rooted in the field.
    Response: As stated in our proposed rule, in the last 3 years, 
APHIS has detected increasing numbers of longhorned beetles associated 
with imported plants following the artificially dwarfed plant pathway. 
We would like to clarify that the requirements contained in this final 
rule for importing artificially dwarfed plants are designed to address 
the risk posed by these longhorned beetles, which are wood-boring pests 
that are difficult to detect by visual inspection. We believe that the 
proposed regulations address

[[Page 53729]]

the increased pest risk posed by longhorned beetles and other wood-
boring pests. Further, we are confident that our inspectors are capable 
of identifying other pests on bare-rooted artificially dwarfed plants 
by visual inspection at the port of entry.
    Also, as stated above, we proposed to require artificially dwarfed 
plants to be grown in a nursery, but did not specify that the 
artificially plants be grown in a greenhouse at the nursery. However, 
in this document, based on public comments, we are requiring imported 
artificially dwarfed plants to be accompanied by a phytosanitary 
certificate stating, among other requirements, that the plants have 
been grown for at least 2 years in a greenhouse or screenhouse in 
approved nurseries that are inspected annually. We have not prohibited 
artificially dwarfed plants from being grown in fields prior to their 
2-year greenhouse/screenhouse growth period because we believe that the 
requirements of this rule are sufficient to ensure that plants eligible 
for importation into the United States are protected against 
infestation by longhorned beetles.
    Comment: The proposed rule is flawed because it allows propagative 
material that may be infested with pests to be placed in sterile media 
in a pest-free greenhouse setting. At the instant a field-grown plant 
is placed in sterile growing media, the media is no longer sterile, and 
such a requirement does not mitigate the risk posed by soil-borne pests 
and pathogens. It is absolutely essential to start with clean 
propagative material. Nematode testing should be included as part of 
the import requirements for artificially dwarfed plants due to the risk 
for root nematodes associated with field-grown plants that are moved 
into greenhouses under the regulations. All field-grown plants should 
be washed completely free of soil using clean, pressurized water from a 
known nematode-free source prior to potting in sterile media and 
containers.
    Response: As stated earlier in this document, this rule was 
intended to address the risk posed by wood-boring pests such as 
longhorned beetles. If, in the future, we determine that imported 
artificially dwarfed plants pose a significant risk of introducing 
soil-borne pests and pathogens into the United States, we will address 
the issue at that time. At present, we are confident that the 
requirement that imported artificially dwarfed plants be bare-rooted, 
coupled with the inspection procedures we use, will enable us to detect 
nematodes if they are indeed present on imported artificially dwarfed 
plants.
    Comment: APHIS should require that imported plants be defoliated as 
well as bare-rooted. Such a provision would ensure that additional 
pests do not hitchhike on the plants.
    Response: Pests are capable of hitchhiking on a wide variety of 
imported plants. To address the risk posed by hitchhiking pests, 
imported plants are subject to inspection at the port of entry. We are 
confident that our inspection procedures are adequate to detect such 
pests on imported commodities, and do not believe that defoliating 
plants would substantively improve inspections of imported plants.
    Comment: Given that the regulations contain an exception for plants 
from Canada, what safeguards are in place, or could be put in place, to 
address the risk of transshipment through Canada of plants that would 
no longer be directly enterable into the United States if the proposed 
rule is adopted?
    Response: Propagative material, whether grown in, or transhipped 
through Canada must either (1) be accompanied by a phytosanitary 
certificate of inspection, or (2) in the case of greenhouse-grown 
plants that meet the applicable conditions of Sec. 319.37-4(c), be 
accompanied by a certificate of inspection in lieu of a phytosanitary 
certificate. Both types of certificate include a declaration of the 
plants' origin.
    Comment: Does APHIS have sufficient resources to ensure that 
imported plants are grown under the conditions specified in the 
proposed rule? The proposed rule puts an extreme reliance on the 
infrastructure of foreign regulatory agencies. Many countries simply do 
not have the infrastructure or resources to provide the kind of 
regulatory oversight that was envisioned by the proposed rule.
    Response: This rule requires the plant protection organization of 
the exporting country to certify on the phytosanitary certificate 
accompanying plants imported into the United States that imported 
artificially dwarfed plants have been grown and inspected according to 
APHIS requirements. When plants are presented for importation into the 
United States, we verify that the phytosanitary certificate 
accompanying the plants contains all the required declarations.
    The certification requirements contained in the regulations are in 
addition to our port of entry inspections, not in lieu of them. Because 
the United States is a signatory party of international agreements such 
as the World Trade Organization Agreement on the Application of 
Sanitary and Phytosanitary Measures and the International Plant 
Protection Convention, we are obligated to consider foreign 
certifications as equivalent to our own unless there are documented 
reasons to consider them otherwise. Under these circumstances, APHIS 
believes that the proposed requirements will provide adequate 
protection against the introduction of plant pests into the United 
States.
    One commenter requested additional plant quarantine action to 
control the spread of Phythophthora ramorum, the fungus that causes 
what has commonly been referred to as Sudden Oak Death. This matter is 
outside the scope of this rulemaking action, but we have restricted the 
interstate movement of Sudden Oak Death host articles in an interim 
rule published in the Federal Register on February 14, 2002 (67 FR 
6827-6837, Docket No. 01-054-1), and intend to address the importation 
of Sudden Oak Death host articles from foreign countries in an upcoming 
rulemaking.
    Finally, we have made several nonsubstantive editorial changes for 
the sake of clarity.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed in this document.

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 the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    In this document, we are amending the regulations for importing 
plants and plant products by requiring artificially dwarfed plants that 
are imported into the United States to have been grown under certain 
conditions in greenhouses or screenhouses within nurseries registered 
with the government of the country where the plants were grown. This 
action is necessary to protect against the introduction of longhorned 
beetles into the United States.
    The requirements of this rule are intended to prevent the 
introduction of longhorned beetles into the United States. A recent 
APHIS study on the importation of solid wood packing material from 
China has shown that production losses resulting from a widespread 
Asian longhorned beetle infestation in the United States could total in 
excess of $27.4 billion.
    The art of miniature (or artificially dwarfed) plant gardening is a 
recent phenomenon in the United States. Because it is a highly time 
consuming

[[Page 53730]]

and very labor intensive activity, it is practiced by a relatively 
small number of U.S. nurseries and households. The size of these 
artificially dwarfed plants range from 4 inches to 60 inches in height, 
with prices ranging from $10 to more than $10,000. The median price of 
an artificially dwarfed plant is close to $100, and its value increases 
with age, regardless of size.
    Plants that have been imported from Asia represent approximately 80 
percent of the value of the entire artificially dwarfed plant market. 
Such imports come predominantly from Japan, the People's Republic of 
China, and the Republic of Korea. The remaining 20 percent of value 
corresponds to plants that have been domestically produced. With 
respect to volume, 20 percent of the artificially dwarfed plants 
available in the U.S. market are imported from Asia, and the rest are 
domestically produced. Domestically produced artificially dwarfed 
plants are the smallest, simplest, and most inexpensive ones. Plants 
produced in and imported from Asian countries are the largest, most 
elaborate, and most expensive.
    In 1997, the U.S. National Arboretum in Washington, DC, surveyed 
U.S. nurseries that sell artificially dwarfed plants, as well as other 
businesses related to the growing of artificially dwarfed plants. A 
summary of the results of the survey was published in the American 
Nurseryman Magazine in April 1999. According to that survey, in 1997, 
there were at least 366 artificially dwarfed plant-related businesses 
in the United States. Based on that survey, artificially dwarfed plant 
businesses can be divided into two categories: Full-service nurseries 
and specialty companies focusing on one product.
    Full-service nurseries may carry a wide range of artificially 
dwarfed plants in varying sizes, including some that they have 
developed themselves and others they have purchased or have imported 
from Asia. Many of these businesses also sell pots for these plants, as 
well as related tools and books. On the other hand, specialty companies 
may produce one product, such as plants, pots, or tools, or may be 
limited to teaching or publishing.
    The survey identified 97 full service artificially dwarfed plant 
nurseries (see table below). These entities ranged from relatively 
small family owned and operated enterprises to a few large companies.

------------------------------------------------------------------------
                                                              Number of
                      Type of company                         companies
------------------------------------------------------------------------
Full service artificially dwarfed plant nurseries..........           97
Specialty artificially dwarfed plant related companies:
  Plants (including seeds).................................           82
  Tools, supplies, stands..................................           81
  Containers and pots......................................           46
  Magazines, books, and newsletters........................           32
  Consultants and teachers.................................           28
                                                            ------------
    Total..................................................          366
------------------------------------------------------------------------

    The 1997 survey found that artificially dwarfed plant-related 
businesses were fairly well distributed throughout the United States. 
However, the largest concentrations were in the Southeast (107) and the 
Southwest (102), including California. The Northeast had 84 
artificially dwarfed plant-related businesses. The Midwest had 37 
related businesses, and the Northwest had 26.

Effect on Small Entities

    According to Small Business Administration (SBA) guidelines, a 
small business involved in the sale or importation of artificially 
dwarfed plants or related products is one having less than $6 million 
of annual receipts from sales (see NAICS codes 444220, ``Nursery and 
Garden Centers,'' and 453110, ``Florists'').
    There are between 20 to 50 importers of artificially dwarfed plants 
in the United States, with the number varying each year. However, on 
average, this number is closer to 20. All of them can be considered 
small entities according to the SBA definition. We do not expect that 
this final rule will significantly affect the price of imported 
artificially dwarfed plants or have a significant effect on importers 
of artificially dwarfed plants.
    Most of the businesses engaged in the production and distribution 
of artificially dwarfed plants and related materials are family owned 
and operated. Approximately 99 percent of these firms are considered 
small according to SBA criteria. There is no reason to believe that 
these entities would be significantly affected by implementation of 
this rule because the price of imported artificially dwarfed plants is 
not expected to change significantly.
    The requirements that imported artificially dwarfed plants be grown 
in greenhouses or screenhouses in registered nurseries--and not 
collected from open fields--could affect the number of artificially 
dwarfed plants imported during the short term. Plants imported from 
Asia are predominantly higher valued and nursery-grown, and comprise 
only 20 percent of U.S. sales by quantity, but 80 percent of sales by 
value. This rule will not likely have a significant effect on the 
number of higher-valued plants imported from Asia. However, since 
artificially dwarfed plants that are not grown in accordance with the 
conditions in this rule are prohibited importation into the United 
States, it is possible that some U.S. producers could benefit from 
decreased competition. Nevertheless, the effect of this final rule on 
those nurseries is expected to be insignificant, given the small number 
of affected imports.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0176.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.


    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec. 319.37-2  [Amended]

    2. Section 319.37-2 is amended as follows:
    a. In paragraph (a), in the text before the table, by removing the 
words

[[Page 53731]]

``Sec. 319.37-2(c) of this subpart'' and adding in their place the 
words ``paragraph (c) of this section''.
    b. In paragraph (b), introductory text, by removing the words 
``Sec. 319.37-2(c) of this subpart'' and adding in their place the 
words ``paragraph (c) of this section''.
    c. In paragraph (b)(1), introductory text, by removing the words 
``trees or shrubs'' and adding in their place the words ``plants 
meeting the conditions in Sec. 319.37-5(q)''.
    d. In paragraph (b)(6)(i), by removing the words ``such as bonsai'' 
and adding in their place the words ``meeting the conditions in 
Sec. 319.37-5(q)''.
    e. In paragraph (b)(7), introductory text, by removing the words 
``tree or shrub'' the second time they appear and adding in their place 
the words ``plant meeting the conditions in Sec. 319.37-5(q)''.


Sec. 319.37-5  [Amended]

    3. Section 319.37-5 is amended as follows:
    a. By adding a new paragraph (q) to read as follows.
    b. At the end of the section, by revising the OMB control number 
citation to read as follows.


Sec. 319.37-5  Special foreign inspection and certification 
requirements.

* * * * *
    (q) Any artificially dwarfed plant imported into the United States 
must have been grown and handled in accordance with the requirements of 
this paragraph and must be accompanied by a phytosanitary certificate 
of inspection that was issued by the government of the country where 
the plants were grown.
    (1) Any growing media, including soil, must be removed from the 
artificially dwarfed plants prior to shipment to the United States 
unless the plants are to be imported in accordance with Sec. 319.37-8.
    (2) The artificially dwarfed plants must be grown in accordance 
with the following requirements and the phytosanitary certificate 
required by this paragraph must contain declarations that those 
requirements have been met:
    (i) The artificially dwarfed plants must be grown for at least 2 
years in a greenhouse or screenhouse in a nursery registered with the 
government of the country where the plants were grown;
    (ii) The greenhouse or screenhouse in which the artificially 
dwarfed plants are grown must have screening with openings of not more 
than 1.6 mm on all vents and openings, and all entryways must be 
equipped with automatic closing doors;
    (iii) The artificially dwarfed plants must be grown in pots 
containing only sterile growing media during the 2-year period when 
they are grown in a greenhouse or screenhouse in a registered nursery;
    (iv) The artificially dwarfed plants must be grown on benches at 
least 50 cm above the ground during the 2-year period when they are 
grown in a greenhouse or screenhouse in a registered nursery; and
    (v) The plants and the greenhouse or screenhouse and nursery where 
they are grown must be inspected for any evidence of pests and found 
free of pests of quarantine significance to the United States at least 
once every 12 months by the plant protection service of the country 
where the plants are grown.

(Approved by the Office of Management and Budget under control 
number 0579-0176)

    Done in Washington, DC this 14th day of August 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-20940 Filed 8-16-02; 8:45 am]
BILLING CODE 3410-34-P