[Federal Register Volume 90, Number 161 (Friday, August 22, 2025)]
[Notices]
[Pages 41073-41074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16061]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Rescission of Embargo Prohibiting the Importation of Dracaena
(Lucky Bamboo) in Standing Water Into the United States
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice.
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SUMMARY: Based on a review of existing import requirements, CDC has
determined that the import restrictions for Dracaena (Lucky Bamboo)
shipped in standing water are no longer necessary to protect the
public's health and should therefore be rescinded. Accordingly,
effective immediately, CDC is rescinding its embargo on importation of
Dracaena Shipments in Standing Water (July 10, 2001).
DATES: CDC's embargo on importation of Dracaena shipments in standing
water is rescinded on August 22, 2025.
FOR FURTHER INFORMATION CONTACT: Ashley C. Altenburger, J.D., Division
of Global Migration Health, Centers for Disease Control and Prevention,
U.S. Department of Health and Human Services, 1600 Clifton Road NE, MS
H16-4, Atlanta, Georgia 30329; telephone 1-800-232-4636. For
information regarding CDC operations and CDC-regulated importations,
please contact: Mark E. Laughlin, D.V.M., Division of Global Migration
Health, Centers for Disease Control and Prevention, U.S. Department of
Health and Human Services, 1600 Clifton Road NE, MS H16-4, Atlanta,
Georgia 30329; telephone 1-800-232-4636.
SUPPLEMENTARY INFORMATION: CDC is rescinding its embargo on the
importation of Dracaena (Lucky Bamboo). In keeping with its public
health practice of reviewing the status of potential public health
threats at U.S. ports of entry, the U.S. Centers for Disease Control
and Prevention (CDC) within the U.S. Department of Health and Human
Services (HHS), concluded, for the reasons outlined below, that
importation restrictions for Lucky Bamboo no longer serve the interests
of public health and should therefore be rescinded. Specifically, CDC
has determined that the marginal public health benefit of this long-
standing action does not outweigh the potential burden on importers.
Executive Order 14192 of January 31, 2025 on ``Unleashing
Prosperity Through Deregulation'' requires that any new incremental
costs associated with certain significant regulatory actions ``shall,
to the extent permitted by law, be offset by the elimination of
existing costs associated with at least 10 prior regulations.'' This
notice, which rescinds an existing import requirement, meets the
criteria of a ``deregulatory action'' under Executive Order 14192.
CDC Action
Asian Tiger Mosquito and Lucky Bamboo
1. Background
On June 14, 2001, CDC identified the Asian tiger mosquito (Aedes
albopictus or A. albopictus) in maritime shipments of ``lucky bamboo''
(Dracaena species) arriving into the United States through Los Angeles,
California. The Dracaena in the infested containers were shipped from
China in small boxes with 5-10 cm (approximately 2-4 inches) of
standing water, which provided a suitable breeding ground for the
aggressive mosquito. Thirty importers of Dracaena plants were
subsequently inspected and 40% of their stock were found to be
infested. Across six California counties, 15 mosquito populations were
discovered near importer operations. Employees at nurseries receiving
Dracaena shipments complained of daytime-biting mosquitoes. Residents
near the nurseries also reported being bitten. To prevent the
introduction of the Asian Tiger mosquito in California and elsewhere in
the United States, CDC published a notice of embargo in the Federal
Register (66 FR 35984 (July 10, 2001)) prohibiting the importation of
Dracaena in standing water under 42 CFR 71.32(b).
Prior to 2000, Dracaena plants were typically shipped dry, using
airfreight as the means of transportation. However, increasing demand
for lucky bamboo prompted exporters to transport larger plant shipments
on maritime freight. To keep plants green on the 12-15-day journey by
sea, lucky bamboo bundles were shipped in crates containing 5-10 cm of
free-standing water. This change in shipping method resulted in A.
albopictus exportation, as the aqueous environment provided a suitable
breeding ground for the mosquito.
The Asian tiger mosquito is a competent vector for over 22 viral
pathogens. Most notably, this list of viruses includes dengue virus,
chikungunya virus, yellow fever virus, West Nile virus, and Zika virus.
Despite the expansive variety of transmittable diseases, current data
indicate that the Asian tiger mosquito plays a relatively minor role in
viral transmission.\1\
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\1\ European Centre for Disease Prevention and Control. https://ecdc.europa.eu/en/disease-vectors/facts/mosquito-factsheets/aedes-albopictus.
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2. Rationale for Rescission
After CDC's notice of embargo was issued, lucky bamboo importers
collaborated with CDC and California Department of Public Health to
establish new packaging recommendations that mitigated the risk of A.
albopictus infestation without compromising plant survival. Currently,
lucky bamboo plants are kept green by placing the roots in plastic bags
lined with water-absorbent material (hydrogel).\2\ This shipping method
excludes free-standing water and is more cost-effective than the
previous packaging as the new packaging method reduces the overall
weight of a shipment, subsequently reducing costs associated with
shipment mass. Beyond new packaging requirements, CDC further
encouraged shipping centers to adopt additional measures to reduce the
risk of infestation. Packing facilities were instructed to purchase
automatic-closing doors and to treat Dracaena shipments with pesticides
prior to packaging in sealed cargo.\3\
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\2\ There is some evidence to suggest that Aedes albopictus can
survive on hydrogel, but this is considered very unlikely.
\3\ Linthicum KJ, Kramer VL, Madon MB, Fujioka K; Surveillance-
Control Team. Introduction and potential establishment of Aedes
albopictus in California in 2001. J Am Mosq Control Assoc. 2003
Dec;19(4):301-8.
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U.S. Department of Agriculture--Animal and Plant Health Inspection
Service (USDA--APHIS) has also increased its regulatory oversight over
Dracaena importation since the implementation of CDC's 2001 embargo.
Because California and other areas of the United States currently
sustain stable populations of the Aedes albopictus, lucky bamboo falls
under the ``general restrictions'' of the Plant Protection Act. These
restrictions stipulate that Dracaena plants enter at a U.S. Customs and
Border Protection-approved port of entry equipped with a plant
inspection station. Further, Dracaena require a phytosanitary
certificate for admission. This document is issued by the National
Plant Protection Organization of the country in which the Dracaena are
grown, and
[[Page 41074]]
it indicates that plant products meet specified phytosanitary import
requirements.
3. Conclusion
CDC has determined that the 2001 notice of embargo prohibiting the
importation of Dracaena in standing water is no longer needed to
protect the public's health and should therefore be rescinded. First,
importers have developed safer and more cost-effective packaging
protocols and rescission of the embargo would be unlikely to result in
alterations in how importers choose to ship these products. Second,
USDA's APHIS-PPQ (Plant Protection and Quarantine) programmatic efforts
are currently sufficient to prevent the accidental introduction of
foreign mosquitos. Third, because California and other areas of the
United States currently sustain stable populations of Aedes albopictus,
and A. albopictus is now endemic in the United States, continuing the
current embargo would have only marginal public health benefit. For
these reasons, the notice of embargo prohibiting the importation of
Dracaena in standing water published at 66 FR 35984 (July 10, 2001) is
hereby rescinded.
Immediate Action
Effective immediately, for the reasons outlined above, HHS/CDC
rescinds the following: Embargo on Importation of Dracaena Shipments in
Standing Water (July 10, 2001).
David Fitter,
Director, Division of Global Migration Health Centers for Disease
Control and Prevention U.S. Department of Health and Human Services.
[FR Doc. 2025-16061 Filed 8-21-25; 8:45 am]
BILLING CODE 4163-18-P