[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6222-6227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02017]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 /
Proposed Rules
[[Page 6222]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2012-0002]
RIN 0579-AD63
Importation of Avocados From Continental Spain
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation of avocados from continental Spain
(excluding the Balaeric Islands and Canary Islands) into the United
States. As a condition of entry, avocados from Spain would have to be
produced in accordance with a systems approach that would include
requirements for importation in commercial consignments; registration
and monitoring of places of production and packinghouses; grove
sanitation; and inspection for quarantine pests by the national plant
protection organization of Spain. Consignments of avocados other than
the Hass variety would also have to be treated for the Mediterranean
fruit fly either prior to moving to the United States or upon arrival
prior to release. Consignments would also be required to be accompanied
by a phytosanitary certificate with an additional declaration stating
that the avocados were grown and inspected and found to be free of
pests in accordance with the proposed requirements. This action would
allow for the importation of avocados from Spain into the United States
while continuing to provide protection against the introduction of
quarantine pests.
DATES: We will consider all comments that we receive on or before April
1, 2013.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0002-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2012-0002, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0002 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Jones, Regulatory
Coordination Specialist, Regulatory Coordination and Compliance, PPQ,
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-
2289.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-57, 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 plant pests that are new to or not
widely distributed within the United States.
The national plant protection organization (NPPO) of Spain has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow avocados from continental Spain to be
imported into the United States, including Hawaii and U.S. territories.
As part of our evaluation of Spain's request, we prepared a pest
risk assessment (PRA), titled ``Importation of Fresh Avocado, Persea
americana Miller, from Continental Spain into the United States,
Including Hawaii and U.S. Territories'' (November 2011). The PRA
evaluated the risks associated with the importation of avocados into
the United States from Spain. Copies of the PRA may be obtained from
the person listed under FOR FURTHER INFORMATION CONTACT or viewed on
the Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov).
The PRA identifies one pest of quarantine significance present in
continental Spain that could be introduced into the United States
through the importation of avocados. That pest is Ceratitis capitata
(Wiedemann), the Mediterranean fruit fly (Medfly).
APHIS has determined that measures beyond standard port-of-entry
inspection are required to mitigate the risks posed by this plant pest.
To recommend specific measures to mitigate those risks, we prepared a
risk management document (RMD). Copies of the RMD may be obtained from
the person listed under FOR FURTHER INFORMATION CONTACT or viewed on
the Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov).
Based on the recommendations of the RMD, we are proposing to allow
the importation of avocados from continental Spain into the United
States only if they are produced in accordance with a systems approach.
We would allow importation of untreated Hass avocados based on our
finding \1\ that Hass avocados on the tree are not a host to Medfly. We
would allow importation of other varieties of avocado if they are
treated for Medfly. The systems approach we are proposing would
require:
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\1\ ``Host status of `Hass' avocados to Mediterranean fruit fly,
Ceratitis capitata (Wiedemann) and the South American fruit fly,
Anastrepha fraterculus (Wiedemann).'' Commodity Import Evaluation
Document. December 2010. United States Department of Agriculture,
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Regulations, Permits and Manuals, Regulatory
Coordination and Compliance, Riverdale, MD. 8pp. Available at http://www.regulations.gov/#!documentDetail;D=APHIS-2010-0127-0002.
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Registration, monitoring, and oversight of places of
production;
Grove sanitation;
Harvesting requirements for safeguarding and
identification of the fruit;
Packinghouse requirements for safeguarding and
identification of the fruit;
Inspection by the NPPO of Spain for Medfly; and
[[Page 6223]]
Cold treatment for avocado varieties other than Hass.
Additionally, all avocados from Spain would also be required to be
accompanied by a phytosanitary certificate issued by the NPPO of Spain.
The phytosanitary certificate accompanying Hass variety avocados would
have to contain an additional declaration stating that the avocados
were grown in an approved place of production and the consignment has
been inspected and found free of C. capitata. The phytosanitary
certificate accompanying non-Hass avocados would have to contain an
additional declaration stating that the avocados were grown in an
approved place of production and the consignment has been inspected and
found free of C. capitata, and, if treated prior to export, that the
consignment has been treated for C. capitata in accordance with 7 CFR
part 305.
We are proposing to add the systems approach to the regulations in
a new Sec. 319.56-58 governing the importation of avocados from
continental Spain into the United States. The mitigation measures in
the proposed systems approach are discussed in greater detail below.
Proposed Systems Approach
General Requirements
Paragraph (a) of Sec. 319.56-58 would set out general requirements
for the NPPO of Spain and for growers and packers producing avocados
for export to the United States.
Paragraph (a)(1) would require the NPPO of Spain to provide a
workplan to APHIS that details the activities that the NPPO of Spain
will, subject to APHIS' approval of the workplan, carry out to meet the
requirements of proposed Sec. 319.56-58. As described in a notice we
published on May 10, 2006, in the Federal Register (71 FR 27221-27224,
Docket No. APHIS-2005-0085), a bilateral workplan is an agreement
between APHIS' Plant Protection and Quarantine program, officials of
the NPPO of a foreign government, and, when necessary, foreign
commercial entities that specifies in detail the phytosanitary measures
that will comply with our regulations governing the import or export of
a specific commodity. Bilateral workplans apply only to the signatory
parties and establish detailed procedures and guidance for the day-to-
day operations of specific import/export programs. Bilateral workplans
also establish how specific phytosanitary issues are dealt with in the
exporting country and make clear who is responsible for dealing with
those issues. The implementation of a systems approach typically
requires a bilateral workplan to be developed.
Paragraph (a)(1) would also state that the NPPO of Spain must
establish a trust fund in accordance with Sec. 319.56-6. Section
319.56-6 of the regulations sets forth provisions for establishing
trust fund agreements to cover costs incurred by APHIS when APHIS
personnel must be physically present in an exporting country or region
to facilitate exports. The systems approach may require APHIS personnel
to monitor treatments if they are conducted in Spain.
Paragraph (a)(2) would require the avocados to be grown at places
of production in continental Spain that are registered with the NPPO of
Spain and that meet the requirements for grove sanitation that are
discussed later in this document. Places of production would be limited
to continental Spain due to additional quarantine pests that may occur
in the Canary Islands or Balaeric Islands.
Paragraph (a)(3) would require the avocados to be packed for export
to the United States in packinghouses that are registered with the NPPO
of Spain and that meet the packinghouse requirements for fruit origin,
pest exclusion, cleaning, safeguarding, and identification that are
described later in this document.
Paragraph (a)(4) would state that avocados from continental Spain
may be imported in commercial consignments only. Produce grown
commercially is less likely to be infested with plant pests than
noncommercial consignments. Noncommercial consignments are more prone
to infestations because the commodity is often ripe to overripe and is
often grown with little or no pest control. Commercial consignments, as
defined in Sec. 319.56-2, are consignments that an inspector
identifies as having been imported for sale and distribution. Such
identification is based on a variety of indicators, including, but not
limited to: Quantity of produce, type of packaging, identification of
grower or packinghouse on the packaging, and documents consigning the
fruits or vegetables to a wholesaler or retailer.
Commercially produced avocados are cleaned as part of the packing
process. This practice would help to mitigate the risk associated with
external pests that would be dislodged by cleaning. In addition, the
industry practice of culling damaged fruit would help to ensure that
avocados exported from Spain are free of quarantine pests in general.
Paragraph (a)(5) would require that avocados other than Hass
variety from continental Spain must be treated for C. capitata in
accordance with 7 CFR part 305. This treatment could occur prior to
export to the United States, or upon arrival \2\ prior to release. This
requirement would mitigate the greater vulnerability of non-Hass
avocados to attack by C. capitata. The regulations in part 305 set out
standards and schedules for treatments \3\ required in 7 CFR parts 301,
318, and 319 to prevent the introduction or dissemination of plant
pests or noxious weeds into or through the United States through the
importation or movement of fruits, vegetables, and other articles.
Therefore, we are proposing to refer to 7 CFR part 305 for an approved
treatment for C. capitata for avocados from continental Spain.
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\2\ Cold treatment upon arrival is only available at certain
ports in accordance with 7 CFR 305.6.
\3\ Within part 305, Sec. 305.2 provides that approved
treatment schedules are set out in the PPQ Treatment Manual, found
online at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. The manual specifies which treatment
schedules are effective in neutralizing C. capitata on avocados.
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Monitoring and Oversight
The systems approach we are proposing includes monitoring and
oversight requirements in paragraph (b) of proposed Sec. 319.56-58 to
ensure that the required phytosanitary measures are properly
implemented throughout the process of growing and packing of avocados
for export to the United States.
Paragraph (b)(1) would require the NPPO of Spain to visit and
inspect registered places of production monthly, starting at least 2
months before harvest and continuing until the end of harvest, to
verify that the growers are complying with the requirements for grove
sanitation that are discussed later in this document and follow pest
control guidelines, when necessary, to reduce quarantine pest
populations.
Under paragraph (b)(2), in addition to conducting fruit inspections
at the packinghouses, the NPPO of Spain would be required to monitor
packinghouse operations to verify that the packinghouses are complying
with the packinghouse requirements for fruit origin, pest exclusion,
cleaning, safeguarding, and identification that are described later in
this document.
Under paragraph (b)(3), if the NPPO of Spain finds that a place of
production or a packinghouse is not complying with the proposed
regulations, no fruit from the place of production or packinghouse
would be eligible for export to the United States until APHIS and the
NPPO of Spain conduct an investigation and appropriate remedial actions
have been implemented.
[[Page 6224]]
Paragraph (b)(4) would require the NPPO of Spain to retain all
forms and documents related to export program activities in groves and
packinghouses for at least 1 year and, as requested, provide them to
APHIS for review.
Grove Sanitation
Under paragraph (c) of proposed Sec. 319.56-58, avocado fruit that
has fallen from the trees would have to be removed from each place of
production at least once every 7 days, starting 2 months before harvest
and continuing to the end of harvest. This procedure would reduce the
amount of material in the groves that could serve as potential host
material for C. capitata.
Avocado fruit of any variety that has fallen from avocado trees to
the ground may be damaged and thus more susceptible to infestation by
C. capitata, and even the normally resistant Hass variety may become
infested under these circumstances. Therefore, proposed paragraph (c)
would not allow fallen avocado fruit to be included in field containers
of fruit brought to the packinghouse to be packed for export.
Harvesting Requirements
Paragraph (d) of proposed Sec. 319.56-58 sets out requirements for
harvesting. Harvested avocados would have to be placed in field cartons
or containers that are marked with the official registration number of
the place of production. The place of production where the avocados
were grown would have to remain identifiable when the fruit leaves the
grove, at the packinghouse, and throughout the export process. These
requirements would ensure that APHIS and the NPPO of Spain could
identify the place of production where the avocados were produced if
inspectors find Medflies in the fruit either before export or at the
port of entry.
We would require the fruit to be moved to a registered packinghouse
within 3 hours of harvest or to be protected from fruit fly infestation
until moved. The fruit would have to be safeguarded by an insect-proof
screen or plastic tarpaulin while in transit to the packinghouse and
while awaiting packing. These requirements would prevent the fruit from
being infested by fruit flies between harvest and packing.
Packinghouse Requirements
We are proposing several requirements for fruit origin and
packinghouse activities, which would be contained in paragraph (e) of
proposed Sec. 319.56-58.
Paragraph (e)(1) would require registered packinghouses to accept
only avocados that are from registered places of production and that
are produced in accordance with the requirements of the systems
approach during the time they are in use for packing avocados for
export to the United States.
Paragraph (e)(2) would require avocados to be packed within 24
hours of harvest in an insect-exclusionary packinghouse. All openings
to the outside of the packinghouse would have to be covered by
screening with openings of not more than 1.6 mm or by some other
barrier that prevents pests from entering. Screening with openings of
not more than 1.6 mm excludes fruit flies. The packinghouse would have
to have double doors at the entrance to the facility and at the
interior entrance to the area where the avocados are packed. These
proposed requirements are designed to exclude fruit flies from the
packinghouse.
Paragraph (e)(3) would require all avocados to be cleaned of all
plant debris before packing. This procedure would ensure that the fruit
alone is exported to the United States; other parts of the avocado tree
may harbor pests other than the quarantine pest C. capitata, and the
cleaning process helps to remove them.
Paragraph (e)(4) would state that cartons or boxes in which
avocados are packed would be required to be labeled with a lot number
that provides information to identify the orchard where the fruit was
grown and the packinghouse where the fruit was packed. The labeling
would have to be large enough to clearly display the required
information and be located on the side of cartons to facilitate
inspection by APHIS.
Paragraph (e)(5) would require avocados to be packed in insect-
proof packaging, or covered with insect-proof mesh or a plastic
tarpaulin, for transport to the United States, to prevent fruit fly
infestation after the fruit is packed. These safeguards would have to
remain intact until arrival in the United States.
Paragraph (e)(6) would require shipping documents accompanying
consignments of avocados from continental Spain that are exported to
the United States to include the official registration number of the
place of production at which the avocados were grown and to identify
the packing shed or sheds in which the fruit was processed and packed.
This identification would have to be maintained until the fruit is
released for entry into the United States. These requirements would
ensure that APHIS and the NPPO of Spain could identify the packinghouse
at which the fruit was packed if inspectors find C. capitata in the
fruit either before export or at the port of entry.
Inspection by the NPPO of Spain
To ensure that the mitigations required in the systems approach are
effective at producing fruit free of quarantine pests, paragraph (f) of
proposed Sec. 319.56-58 would require inspectors from the NPPO of
Spain to inspect a biometric sample from each place of production at a
rate to be determined by APHIS. The inspectors would have to visually
inspect the fruit and a portion of the fruit would be cut open to
inspect for internal stages of C. capitata. If C. capitata is detected
in this inspection, the place of production where the infested avocados
were grown would immediately be suspended from the export program until
an investigation has been conducted by APHIS and the NPPO of Spain and
appropriate mitigations have been implemented.
Phytosanitary Certificate
To certify that the avocados from continental Spain have been grown
and packed in accordance with the requirements of proposed Sec.
319.56-58, proposed paragraph (g) would require each consignment of
avocados imported from Spain into the United States to be accompanied
by a phytosanitary certificate issued by the NPPO of Spain. The
phytosanitary certificate accompanying Hass variety avocados would have
to contain an additional declaration stating that the avocados are Hass
variety and were grown in an approved place of production and the
consignment has been inspected and found free of C. capitata. The
phytosanitary certificate accompanying non-Hass avocados would have to
contain an additional declaration stating that the avocados were grown
in an approved place of production and the consignment has been
inspected and found free of C. capitata and, if treated prior to
export, that the consignment has been treated for C. capitata in
accordance with 7 CFR part 305.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been 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 accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is set forth below.
The NPPO of Spain has requested that APHIS authorize market access
for
[[Page 6225]]
commercial shipments of fresh avocados into the United States for
domestic consumption. APHIS is proposing to grant this request if Spain
produces the avocados in accordance with a systems approach intended to
prevent the introduction of quarantine pests.
In 2009, the United States was the world's third largest avocado
producer, after Mexico and Chile; the United States accounted for about
7 percent of global production, while Mexico and Chile accounted for 32
percent and 9 percent, respectively. U.S. commercial production of
avocado occurs in three States. California accounts for about 90
percent of U.S. production, followed by Florida with about 9 percent,
and Hawaii with less than 1 percent. In 2010, U.S. utilized production
of avocado totaled about 135,500 metric tons (MT), only one-half of the
271,000 MT produced in 2009, and indicative of the significant
variability in yield from year to year.
In the last decade, U.S. per capita consumption of avocado has
risen significantly, from 1 kilogram in 2000 to 1.86 kilograms in 2010,
representing an annual growth rate of about 6.4 percent. Although the
United States is a major producer of avocado, it is also the largest
import market (since 2002) and has been a net importer since the late
1980s. During this time, the gap between U.S. imports and U.S. exports
has widened substantially. The average annual value of U.S. avocado
imports, 2008-2010, was nearly $622 million, compared to average annual
exports valued at less than $16 million.
Spanish avocado producers expect to export to the United States
about 260 MT of fresh avocado annually, an amount equivalent to 0.15
percent of U.S. production, 0.07 percent of U.S. net imports (imports
minus exports), and 0.05 percent of U.S. supply (production plus net
imports), based on 2008-2010 average annual U.S. production and trade
quantities.
Entities that may be directly affected by the proposed rule are
U.S. importers and producers of avocado. Avocado importers are
classified in the North American Industry Classification System (NAICS)
under Fresh Fruit and Vegetable Merchant Wholesalers (NAICS 424480).
Avocado producers are classified under Other Noncitrus Fruit Farming
(NAICS 111339). The Small Business Administration (SBA) has established
guidelines for determining which establishments are to be considered
small. A firm primarily engaged in fresh fruit and vegetable
wholesaling is considered small if it employs not more than 100
persons. A firm primarily engaged in noncitrus fruit farming is
considered small if it has annual sales of not more than $750,000.
In 2007, nearly 95 percent of fruit and vegetable wholesale
establishments (4,207 of 4,437 businesses) that operated the entire
year were small by the SBA's small-entity threshold of not more than
100 employees. That same year, nearly 93 percent of farms that sold
fruits, tree nuts, or berries (104,424 of 112,690 operations) had
annual sales of less than $500,000, well below the SBA's small-entity
threshold of $750,000. The subset of these farms that comprise the
industry Other Noncitrus Fruit Farming numbered 23,641, and can be
assumed to be also primarily composed of small entities. Of these Other
Noncitrus Fruit Farming establishments, there were 8,245 avocado farms
in 2007, also presumed to be principally small operations.
While most entities that may be affected by the proposed rule are
small, any effects would be insignificant because of the small quantity
of avocado expected to be imported from continental Spain.
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 proposed rule would allow avocados to be imported into the
United States from continental Spain. If this proposed rule is adopted,
State and local laws and regulations regarding avocados imported under
this rule would be preempted while the fruit is in foreign commerce.
Fresh avocados are generally imported for immediate distribution and
sale to the consuming public and would 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. If
this proposed rule is adopted, 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
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2012-0002. Please send a copy of your comments to: (1) Docket No.
APHIS-2012-0002, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best
assured of having its full effect if OMB receives it within 30 days of
publication of this proposed rule.
We are proposing to amend the fruits and vegetables regulations to
allow the importation of avocados from continental Spain into the
United States, including Hawaii and U.S. territories. As a condition of
entry, avocados from continental Spain would have to be produced in
accordance with a systems approach that would include requirements for
importation in commercial consignments; registration and monitoring of
places of production and packinghouses; grove sanitation; and
inspection for quarantine pests by the NPPO of Spain. Implementation of
this proposed rule would require the submission of documents such as
phytosanitary certificates, trust fund agreements, workplans, records
for recordkeeping, and production site and packinghouse registration
and inspection forms. This proposed rule will also require the labeling
of boxes or cartons.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information
[[Page 6226]]
is estimated to average 0.029503 hours per response.
Respondents: Producers and importers of avocados and the NPPO of
Spain.
Estimated annual number of respondents: 28.
Estimated annual number of responses per respondent: 515.6785.
Estimated annual number of responses: 14,439.
Estimated total annual burden on respondents: 426 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Add Sec. 319.56-58 to read as follows:
Sec. 319.56-58 Avocados from continental Spain.
Fresh avocados (Persea americana P. Mill.) may be imported into the
United States from continental Spain (excluding the Balaeric Islands
and Canary Islands) only under the conditions described in this
section. These conditions are designed to prevent the introduction of
the quarantine pest Ceratitis capitata (Wiedemann), the Mediterranean
fruit fly.
(a) General requirements. (1) The national plant protection
organization (NPPO) of Spain must provide a workplan to APHIS that
details the activities that the NPPO of Spain will, subject to APHIS'
approval of the workplan, carry out to meet the requirements of this
section. The NPPO of Spain must also establish a trust fund in
accordance with Sec. 319.56-6.
(2) The avocados must be grown at places of production in
continental Spain that are registered with the NPPO of Spain and that
meet the requirements of this section.
(3) The avocados must be packed for export to the United States in
packinghouses that are registered with the NPPO of Spain and that meet
the requirements of this section.
(4) Avocados from Spain may be imported in commercial consignments
only.
(5) Avocados other than Hass variety from continental Spain must be
treated for C. capitata in accordance with part 305 of this chapter.
(b) Monitoring and oversight. (1) The NPPO of Spain must visit and
inspect registered places of production monthly, starting at least 2
months before harvest and continuing until the end of the shipping
season, to verify that the growers are complying with the requirements
of paragraph (c) of this section and follow pest control guidelines,
when necessary, to reduce quarantine pest populations.
(2) In addition to conducting fruit inspections at the
packinghouses, the NPPO of Spain must monitor packinghouse operations
to verify that the packinghouses are complying with the requirements of
paragraph (e) of this section.
(3) If the NPPO of Spain finds that a place of production or
packinghouse is not complying with the requirements of this section, no
fruit from the place of production or packinghouse will be eligible for
export to the United States until APHIS and the NPPO of Spain conduct
an investigation and appropriate remedial actions have been
implemented.
(4) The NPPO of Spain must retain all forms and documents related
to export program activities in groves and packinghouses for at least 1
year and, as requested, provide them to APHIS for review.
(c) Grove sanitation. Avocado fruit that has fallen from the trees
must be removed from each place of production at least once every 7
days, starting 2 months before harvest and continuing to the end of
harvest. Fallen avocado fruit may not be included in field containers
of fruit brought to the packinghouse to be packed for export.
(d) Harvesting requirements. Harvested avocados must be placed in
field cartons or containers that are marked with the official
registration number of the place of production. The place of production
where the avocados were grown must remain identifiable when the fruit
leaves the grove, at the packinghouse, and throughout the export
process. The fruit must be moved to a registered packinghouse within 3
hours of harvest or must be protected from fruit fly infestation until
moved. The fruit must be safeguarded by an insect-proof screen or
plastic tarpaulin while in transit to the packinghouse and while
awaiting packing.
(e) Packinghouse requirements. (1) During the time registered
packinghouses are in use for packing avocados for export to the United
States, the packinghouses may only accept avocados that are from
registered places of production and that are produced in accordance
with the requirements of this section.
(2) Avocados must be packed within 24 hours of harvest in an
insect-exclusionary packinghouse. All openings to the outside of the
packinghouse must be covered by screening with openings of not more
than 1.6 mm or by some other barrier that prevents pests from entering.
The packinghouse must have double doors at the entrance to the facility
and at the interior entrance to the area where the avocados are packed.
(3) Before packing, all avocados must be cleaned of all plant
debris.
(4) Boxes or cartons in which avocados are packed must be labeled
with a lot number that provides information to identify the orchard
where grown and the packinghouse where packed. The labeling must be
large enough to clearly display the required information and must be
located on the outside of the boxes to facilitate inspection.
(5) Avocados must be packed in insect-proof packaging, or covered
with insect-proof mesh or a plastic tarpaulin, for transport to the
United States. These safeguards must remain intact until arrival in the
United States.
(6) Shipping documents accompanying consignments of avocados from
continental Spain that are exported to the United States must include
the official registration number of the place of production at which
the avocados were grown and must identify the packing shed or sheds in
which the fruit was processed and packed. This identification must be
maintained until
[[Page 6227]]
the fruit is released for entry into the United States.
(f) NPPO of Spain inspection. Following any post-harvest
processing, inspectors from the NPPO of Spain must inspect a biometric
sample of fruit at a rate determined by APHIS. Inspectors must visually
inspect the fruit and cut a portion of the fruit to inspect for C.
capitata. If any C. capitata are detected in this inspection, the place
of production where the infested avocados were grown will immediately
be suspended from the export program until an investigation has been
conducted by APHIS and the NPPO of Spain and appropriate mitigations
have been implemented.
(g) Phytosanitary certificate. Each consignment of avocados
imported from Spain into the United States must be accompanied by a
phytosanitary certificate issued by the NPPO of Spain.
(1) The phytosanitary certificate accompanying Hass variety
avocados must contain an additional declaration stating that the
avocados are Hass variety and were grown in an approved place of
production and the consignment has been inspected and found free of C.
capitata.
(2) The phytosanitary certificate accompanying non-Hass avocados
must contain an additional declaration stating that the avocados were
grown in an approved place of production and the consignment has been
inspected and found free of C. capitata. If the consignment has been
subjected to treatment for C. capitata prior to export in accordance
with 7 CFR part 305, the additional declaration must also state this.
Done in Washington, DC, this 25th day of January 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-02017 Filed 1-29-13; 8:45 am]
BILLING CODE 3410-34-P