APHIS Proposes to Amend its Regulations on the Importation of Certain Fruits and Vegetables
The Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would amend 7 CFR Part 319 in order to list a number of fruits and vegetables from certain parts of the world as eligible, under specified conditions, for importation into the U.S. APHIS states that this would provide the U.S. with additional types and sources of fruits and vegetables while continuing to protect against the introduction of quarantine pests through such imports.
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According to APHIS, this proposed rule would also list certain fruits and vegetables that have been imported into the U.S. under a permit without being specifically listed in the regulations, in order to improve the regulations' transparency.
This is Part I of a multi-part series of summaries on APHIS' proposed rule. See future issues of ITT for additional summaries of other fruits and vegetables affected by this proposed rule.
The following are "highlights" of APHIS' proposed rule:
2(c): Onion, Garlic, Leek, Shallots from Canada
APHIS is proposing to amend 7 CFR 319.56-2(c) (general permit for fruits and vegetables grown in Canada) in order to add a requirement that consignments of Allium spp. (i.e., onions, shallots, leeks, and garlic) consisting of the whole plant or above ground parts be accompanied by a phytosanitary certificate issued by the national plant protection organization (NPPO) of Canada with an additional declaration stating that the articles are free from the leek moth (Acrolepiopsis assectella (Zeller)).
2t: Grapefruit, Lemon, Orange, Tangelo, Cichorium, and Eggplant from Various Countries
APHIS is also proposing to amend 7 CFR 319.56-2t(a), which lists fruits and vegetables that may be imported into the U.S. in accordance with 7 CFR 319.56-6 (Inspection and other requirements at the port of first arrival) and all other applicable requirements of the regulations, in order to include the following additional fruits and vegetables from certain countries (Certain of these fruits and vegetables would have additional requirements added to 7 CFR 319.56-2t(b); see proposed rule for details.):
- Bahamas: Grapefruit, Lemon, Orange, and Tangelo1;
- Belize: Cichorium and Eggplant1
- Brazil, Chile, and Colombia: Cichorium1
- Costa Rica: Cichorium and Eggplant1
- Guatemala: Cichorium1
- Honduras: Eggplant1
- El Salvador, French Guiana, Guyana, Paraguay, Suriname, Uruguay, Venezuela: Cichorium
1APHIS states that these fruits and vegetables are currently eligible for importation into the U.S. in accordance with 7 CFR 319.56-6 and all other applicable requirements of the regulations. These fruits and vegetables also meet the criteria of 7 CFR 319.56-2(e)(4) (Permits and other requirements), and have been imported into the U.S. under permit since before 1992.)
2t: Term "Cichorium" Replaces the Terms "Chicory," "Belgium Endive," "Endive," "Radicchio" to Allow for Additional Varieties of Cichorium from Various Countries
APHIS is also proposing to amend 7 CFR 319.56-2t by removing the common name entries under Argentina for endive, Bolivia for Belgian endive, Ecuador for radicchio, Honduras for chicory, Nicaragua for radicchio, Panama for Belgian endive, chicory, and endive, and Peru for radicchio and to replace those common name entries with "cichorium.'' This would allow for the importation of additional varieties of cichorium from these countries.
2t and 2x: Grapes from Argentina
APHIS states that is proposing to amend 7 CFR 319.56-2t to allow the entry of grapes from Argentina, which are currently eligible for entry under permit, provided the shipments meet the criteria set forth in 7 CFR 319.56-6, were grown in an area recognized by APHIS as free of Mediterranean fruit fly (Medfly, Ceratitis capitata) and Anastrepha spp. and are accompanied by a phytosanitary certificate issued by the NPPO of Argentina. APHIS states that these proposed origin and phytosanitary certificate requirements reflect the current permit conditions that apply to their importation.
APHIS is also proposing to amend 7 CFR 319.56-2x to add grapes from Argentina that are grown outside a fruit-fly free area, to the list of fruits and vegetables that may be imported into the U.S. provided that they are treated in accordance with 7 CFR Part 305 (Phytosanitary treatments).
2x: Lemon, Kiwi, Apple and Grapes from Certain Countries
APHIS is proposing to amend 7 CFR 319.56-2x to list the following fruits and vegetables as eligible for importation, provided they have been treated in accordance with 7 CFR Part 305 (Phytosanitary treatments). APHIS explains that these fruits are currently admissible under permit with prescribed treatment:
Chile: Lemon
Italy: Kiwi
South Africa: Apple, Grape
2t: Eggplant from Guatemala & Panama
According to APHIS, eggplant from Guatemala and Panama is listed in 7 CFR 319.56-2t. As a condition of entry in its import permit, shipments are limited to commercial eggplant only; however, APHIS failed to specify "commercial shipments only" when it added eggplant from these countries to 7 CFR 319.56-2t.
Therefore, APHIS is now proposing to add a reference to 7 CFR 319.56-2t(b)(3) which specifies "commercial shipments only," under the entries for eggplant from these countries.
(See ITT's Online Archives or 01/05/06 news, 06010525, for BP summary of a December 2005 APHIS final rule which made amendments to APHIS' regulations concerning the import of certain of these and other fruits and vegetables.)
-comments are due on or before February 21, 2006
APHIS Contact - Donna West (202) 734-8758
APHIS Proposed Rule (D/N 03-086-1, FR Pub 12/22/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-7690.pdf