APHIS Proposes Harmonized Import Permit Procedures for Plants & Plant Products
The Animal and Plant Health Inspection Service issued a proposed rule June 21 that would consolidate its regulations on permits for importation and interstate movement of plant and plant products. The proposal would create a single section of the import quarantine regulations that would apply permit application, approval, and revocation procedures to a wide variety of plants and plant products regulated under 7 CFR 319. The new permit requirements would also apply to importation of honeybees and honeybee semen, and noxious weeds. Comments on the proposed rule are due by Aug. 20.
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Consolidation Would Lessen Confusion, Improve Enforcement, Says APHIS
Regulations on plant products in 7 CFR 319, honeybees and honeybee semen in 7 CFR 322, and noxious weeds in 7 CFR 360 each set forth permitting requirements and processes, some of which are inconsistent between products. APHIS said these inconsistencies between permit requirements for various products have created confusion among importers, and has also made the requirements difficult to enforce.
To “strengthen and harmonize the requirement for a permit for restricted plants, plant products, and other articles regulated under the Plant Protection Act,” APHIS is proposing to create new sections 7 CFR 319.7 through 319.7-5, which would outline procedures for permits for importing or moving interstate regulated plants and plant products. Specifically, new sections would be created to address: harmonized requirements for permit applications; issuance of permits and labels; denial of permits; withdrawal, cancellation, and revocation of permits; and procedures for appealing permit revocation.
APHIS would make corresponding changes to its regulations throughout Part 319. APHIS would apply the new consolidated permit requirements to cover: plants and plant products imported for experimental, therapeutic, or developmental purposes (319.8); foreign cotton and covers regulated (319.8 through 319.8-26); indian corn or maize and related plants and their seeds (319.24 through 319.24-5 and 319.41 through 319.46); Citrus fruit and nursery stock regulated (319.28); plants for planting (319.37 through 319.37-14); logs, lumber, and other unmanufactured wood articles (319.40-1 through 319.40-11); rice (319.55 through 319.55-7); fruits and vegetables (319.56-1 through 319.56-58); and articles restricted in order to prevent the entry of khapra beetle (319.75 through 319.75-9). Changes to Sections 322 and 360 would apply the consolidated permit requirements to honeybees and honeybee semen, and noxious weeds, respectively.
Permit Holders Required to be U.S. Residents; APHIS May Deny Based on Compliance History
The proposal would require that all individuals who hold permits have and maintain a U.S. residence, said APHIS in a press release (here). If a corporation, institution, association or other legal entity holds a permit, they must designate an individual for service of process and maintain an address or business office in the U.S., it said. “This will help with compliance with U.S. regulations and enforcement actions when necessary,” said APHIS.
The proposed rule would also explicitly say that APHIS may deny permits based on an applicant’s compliance history, among other reasons. APHIS said it has always had and exercised this authority under the Plant Protection Act.