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APHIS Proposes Changes to Plants for Planting Import Regulations

The Animal and Plant Health Inspection Service is proposing changes to its regulations on imports of plants for planting. The proposed rule would make changes specific to certain plants and regions, codify existing APHIS practices, and clarify and update some provisions in the regulations. Comments on the proposal are due by Feb. 15.

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Highlights of the proposed rule are as follows:

Revised definitions. The proposed rule would revise definitions in the plants for planting regulations at 7 CFR 319.37-1 for “bulbs” and “dormant herbaceous perennials” to say that such articles are considered plants once they produce shoots. The definition for “from” would also be revised to say that for an article to be from Canada, it cannot have been grown in a country with a pending pest risk analysis for the product.

Turkey added to CWR prohibited list. APHIS is proposing to add Turkey to the list of countries from which the importation of restricted articles of Chrysanthemum spp., Leucanthemella serotina, and Nipponanthemum nipponicum into the U.S. is prohibited due to the presence of white rust of Chrysanthemum (CWR). While not currently included on that list in the regulations, an outbreak of CWR occurred in Turkey in 2007, APHIS said.

List of articles needing permits. APHIS would reorder, add, and delete certain paragraphs to clarify its list of categories of restricted articles that may only be imported into the U.S. following issuance of a written permit by APHIS at 7 CFR 319.37-3. The list would be ordered so that broader categories are on top of the list. Duplicate categories would be removed. The proposed rule would also require permits for the importation of seed of herbaceous plants for planting that is coated, pelleted, or embedded in a substrate that obscures visibility.

Marking and identity. APHIS is proposing to specify that the invoice or packing list indicating the “contents of the shipment” include the scientific names of the articles, and the quantity of plants for planting in the shipment. Quantity would be expressed in the number of plant units, or in kilograms for seeds.

Other provisions. The proposed rule would make various other changes to the plants for planting regulations, including the following:

  • Require permits for the importation of any seed that is coated, pelleted, or embedded in a substrate that obscures visibility
  • Provide for an alternate additional declaration on phytosanitary certificates that accompany articles imported from a country in which potato cyst nematodes are known to occur
  • Provide conditions for the importation of Prunus spp. articles from Canada that address the presence of plum pox potyvirus in that country
  • Provide for the importation of Dianthus spp. (carnations) from the Netherlands

(See the proposed rule for a complete list and description of proposed changes.)