USDA revises Quarantine 37 regulations
Legislation http://www.greenhousemanagementonline.com/usda-revises-quarantine-37-
regulations.aspx?List_id=8&email=lonrom%40hevanet.com&key=
New category established in regulations governing nursery stock
importation
David KuackMay 30, 2011
USDA’s Animal and Plant Health Inspection Service is changing the way
it regulates imports of nursery stock into the U.S., also known as
APHIS’ Quarantine 37 regulations. The previous regulations categorized
imported plants as either prohibited (not allowed) or restricted
(allowed under certain conditions). APHIS required restricted imports
to be inspected, either in the country of origin or at the first port
of entry, and be accompanied by a phytosanitary certificate issued by
the government of the exporting country.
APHIS does not require a pest risk analysis prior to the importation
of a new taxonomic group of plants. This differs from APHIS’ fruits and
vegetables regulations, where the importation of produce is prohibited
until the completion of such an analysis.
Plants for planting can carry a wide variety of pests that are more
likely to become established in the U.S. than pests that could enter
through imported fruits or vegetables. The volume of plants being
imported into the U.S. has continued to increase in recent years, as
has the body of scientific information regarding emerging plant pests
of concern. As a result, APHIS determined it needed to update its
regulations in order to better prevent the introduction and
establishment of plant pests in the U.S.
This regulatory change establishes a new import category for plants
whose importation is “not authorized pending pest risk analysis,” also
known as NAPPRA. Under the new rules, APHIS will publish a list of
plants that it considers to be quarantine pests or hosts of quarantine
pests. Such plants will not be allowed to be imported until APHIS has
completed a pest risk analysis. A “quarantine pest” is defined as a
plant pest or noxious weed that is of potential economic importance and
not yet present in the U.S., or present but not widely distributed and
under official control. The new regulations authorize APHIS to add taxa
of plants for planting to the NAPPRA category based on scientific
evidence that indicates that their importation poses a risk of
introducing a quarantine pest into the U.S.
APHIS will request public comment through a public notice before
adding any plants to the new NAPPRA category. The NAPPRA lists will be
posted online.
Any person can request that APHIS conduct a pest risk analysis on any
plant taxon listed in the NAPPRA category. After completing the
analysis, APHIS will initiate rulemaking either to allow the
importation of the taxon subject to restrictions, or, if the risk
associated with the importation of the taxon cannot be feasibly
mitigated, to prohibit its importation.
This action is published in the May 27, 2011, Federal Register (7 CFR
Part 319) and becomes effective June 27, 2011.