Importation of Fruits and Vegetables

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 94-065-2]

Importation of Fruits and Vegetables

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are revising the regulations for the importation of fruits

and vegetables to update provisions for inspections and other

activities at the port of first arrival. We are clarifying the

procedures by which we give notice to an importer that cleaning,

disinfection, disposal, or some other action is required for a shipment

of fruits and vegetables. We are also clarifying the responsibility of

the owner of imported fruits or vegetables for carrying out actions

ordered by an inspector in accordance with the regulations. This action

provides clearer standards for persons who must comply with the

regulations and aids our enforcement of the regulations.

EFFECTIVE DATE: January 5, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Jane Levy or Mr. Frank E. Cooper,

Senior Operations Officers, Port Operations, PPQ, APHIS, Suite 4A03,

4700 River Road Unit 139, Riverdale, MD 20737-1236; (301) 734-8645.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR 319.56 through 319.56-8 (referred to below

as the regulations) prohibit or restrict the importation of fruits and

vegetables into the United States from certain parts of the world to

prevent the introduction and dissemination of injurious insects that

are new to or not widely distributed within and throughout the United

States.

Section 319.56-6 of the regulations addresses requirements for the

inspection and disinfection of imported fruits and vegetables at the

port of first arrival. This section provides, among other things, that

all imported fruits and vegetables, as a condition of entry, shall be

subject to inspection, disinfection, or both, at the port of first

arrival, as may be required by a U.S. Department of Agriculture

inspector. The purpose of the inspection or disinfection is to detect

and eliminate plant pests. This section also provides that any shipment

of fruits and vegetables may be refused entry if the shipment is

infested with fruit flies or other dangerous plant pests and an

inspector determines that it cannot be cleaned by disinfection or

treatment, or if the shipment contains leaves, twigs, or other portions

of plants.

Section 319.56-6 also prohibits the movement of imported fruits and

vegetables from the port of first arrival until the inspector gives

notice to the collector of customs that the products have been

inspected and found to be free from infestation and from plants or

portions of plants used as packing or otherwise. This section also

states that the importer is responsible for all charges for storage,

cartage, and labor incident to inspection and disinfection, other than

the services of the inspector.

On July 12, 1995, we published in the Federal Register (60 FR

35871-35873, Docket No. 94-065-1) a proposal to amend the regulations

by revising Sec. 319.56-6 to update provisions for inspections and

other activities at the port of first arrival; to clarify the

procedures by which we give notice to an importer that cleaning,

disinfection, disposal, or some other action is required for a shipment

of fruits or vegetables; and to clarify the responsibility of the owner

of imported fruits or vegetables for carrying out actions ordered by an

inspector in accordance with the regulations. We proposed these

clarifications because the regulations are unclear on some points, and

we have experienced difficulties enforcing some of the requirements

because the regulations do not specify who is responsible for all of

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the activities and costs that may be required to clear a shipment for

entry into the United States. In this proposal, we also proposed to

correct 7 CFR 319.37-6(e) by removing Mexico from the list of countries

with restricted importation of citrus seed due to citrus canker.

We solicited comments concerning our proposal for 60 days ending

September 11, 1995. We received one comment by that date. It was from a

State agency and supported the proposed rule.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be not significant for purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

This rule clarifies procedures for the inspection and release of

imported fruits and vegetables at the port of first arrival in the

United States. This revision of the regulations updates the regulatory

language to conform to procedures currently in use at ports. These

changes provide a clearer standard for importers of fruits and

vegetables who must comply with the regulations, and will enhance

enforcement of the regulations. The changes do not add any significant

new costs for importers of fruits and vegetables or other persons.

Importers are already responsible for all costs of treatment, movement,

storage, or destruction ordered by an inspector at a port.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This rule clarifies the requirements at the port of first arrival

for fruits and vegetables imported into the United States. State and

local laws and regulations regarding the importation of fruits and

vegetables under this rule will be preempted while the fruits and

vegetables are in foreign commerce. Fresh fruits and vegetables are

generally imported for immediate distribution and sale to the consuming

public, and will remain in foreign commerce until sold to the ultimate

consumer. The question of when foreign commerce ceases in other cases

must be addressed on a case-by-case basis. No retroactive effect will

be given to this rule, and this rule will not require administrative

proceedings before parties may file suit in court challenging this

rule.

Paperwork Reduction Act

This rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by

reference, Nursery Stock, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Rice, Vegetables.

Accordingly, 7 CFR part 319 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

1. The authority citation for part 319 continues to read as

follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and

2809; 21 U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).

Sec. 319.37-6 [Amended]

2. In Sec. 319.37-6, paragraph (e) is amended by removing the word

``Mexico,''.

3. Section 319.56-6 is revised to read as follows:

Sec. 319.56-6 Inspection and other requirements at the port of first

arrival.

(a) Inspection and treatment. All imported fruits or vegetables

shall be inspected, and shall be subject to such disinfection at the

port of first arrival as may be required by an inspector, and shall be

subject to reinspection at other locations at the option of an

inspector. If an inspector finds a plant pest or evidence of a plant

pest on or in any fruit or vegetable or its container, or finds that

the fruit or vegetable may have been associated with other articles

infested with plant pests, the owner or agent of the owner of the fruit

or vegetable shall clean or treat the fruit or vegetable and its

container as required by an inspector, and the fruit or vegetable shall

also be subject to reinspection, cleaning, and treatment at the option

of an inspector at any time and place before all applicable

requirements of this subpart have been accomplished.

(b) Assembly for inspection. The owner or agent of the owner shall

assemble imported fruits and vegetables for inspection at the port of

first arrival, or at any other place prescribed by an inspector, at a

place and time and in a manner designated by an inspector.

(c) Refusal of entry. If an inspector finds that an imported fruit

or vegetable is prohibited or is so infested with a plant pest that, in

the judgment of the inspector, it cannot be cleaned or treated, or

contains soil or other prohibited contaminants, the entire lot may be

refused entry into the United States.

(d) Release for movement. No person shall move from the port of

first arrival any imported fruit or vegetable unless and until an

inspector notifies the person (in person, in writing, by telephone, or

through electronic means) that the fruit or vegetable:

(1) Has been released; or

(2) Requires reinspection, cleaning, or treatment of the fruit or

vegetable at that port or at a place other than the port of first

arrival, or is prohibited and must be exported from the United States.

(e) Notice to owner of actions ordered by inspector. If an

inspector orders any disinfection, cleaning, treatment, reexportation,

or other action with regard to imported fruits or vegetables, the

inspector shall file an emergency action notification (PPQ Form 523)

with the owner of the fruits or vegetables or an agent of the owner.

The owner must, within the time specified in the PPQ Form 523, destroy

the fruits and vegetables, ship them to a point outside the United

States, move them to an authorized site, and/or apply treatments or

other safeguards to the fruits and vegetables as prescribed by an

inspector to prevent the introduction of plant pests into the United

States.

(f) Costs and charges. The Animal and Plant Health Inspection

Service (APHIS), U.S. Department of Agriculture will be responsible

only for the costs of providing the services of an inspector during

regularly assigned hours of duty and at the usual places of duty.1

The owner of imported fruits or vegetables is responsible for all

additional costs of inspection, treatment, movement, storage, or

destruction ordered by an inspector under this subpart, including any

labor, chemicals, packing materials, or other supplies required. APHIS

will not be responsible for any costs or

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charges, other than those identified in this section.

\1\Provisions relating to costs for other services of an

inspector are contained in 7 CFR part 354.

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Done in Washington, DC, this 30th day of November 1995.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-29749 Filed 12-5-95; 8:45 am]

BILLING CODE 3410-34-P