Importation of Coffee

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 97-011-1]

Importation of Coffee

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to revise the regulations for importing

coffee by removing unnecessary text, updating references to officials

of the Animal and Plant Health Inspection Service, and clarifying the

requirements for moving samples of unroasted coffee through Hawaii and

Puerto Rico to other destinations and the prohibitions on importing

coffee berries or fruits. These nonsubstantive changes would make the

regulations easier to read and understand, thereby facilitating

compliance.

DATES: Consideration will be given only to comments received on or

before July 8, 1997.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 97-011-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 97-011-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. James Petit de Mange, Staff

Officer, Import-Export Team, PPQ, APHIS, 4700 River Road Unit 140,

Riverdale, MD 20737-1236; phone (301) 734-6799; fax (301) 734-5786; or

e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The regulations contained in 7 CFR 319.73 through 319.73-4,

``Subpart-- Coffee'' (referred to below as the coffee regulations),

restrict the importation of coffee from foreign countries and

localities. The coffee regulations are intended to prevent the

introduction of coffee berry borers Hypothenemus hampei (Ferrari) and a

rust disease caused by the fungus Hemileia vastatrix (Berkeley and

Broome) into Hawaii and Puerto Rico, where coffee is commercially

grown.

Section 319.73-2 of the coffee regulations prohibits the

importation into Hawaii and Puerto Rico of unroasted coffee, coffee

berries or fruits, coffee plants and leaves, and empty sacks previously

used for unroasted coffee. Section 319.73-3 of the coffee regulations

allows samples of unroasted coffee to transit Hawaii or Puerto Rico in

the mail or as cargo, provided the samples are packaged so as to

prevent the escape of any plant pests that may be present in the

samples.

We propose to amend the coffee regulations to remove unnecessary

text, update references to officials of the Animal and Plant Health

Inspection Service (APHIS), and make other nonsubstantive changes to

clarify the transit provisions. In addition, we propose to amend the

import provisions to make it clear that coffee fruits or berries are

prohibited importation into all parts of the United States because they

present a significant risk of introducing the Mediterranean fruit fly,

which attacks a wide range of host material grown throughout the United

States. The regulations at 7 CFR 319.37-2(a), ``Subpart--Nursery Stock,

Plants, Roots, Bulbs, Seeds, and Other Plant Products,'' prohibit the

importation into the United States of seeds of all kinds when in pulp

from all countries of the world except Canada. This prohibition covers

coffee fruits or berries. However, the coffee regulations only prohibit

[[Page 25562]]

importations into Hawaii and Puerto Rico. The prohibition on importing

coffee fruits or berries into other parts of the United States may not

be clear to the public because it is not stated in the coffee

regulations. Therefore, we propose to state in Sec. 319.73-2 that

coffee fruits or berries are prohibited importation into all parts of

the United States in accordance with 7 CFR 319.37-2(a). These changes

would clarify the regulations and make them easier to understand,

thereby facilitating compliance.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for the purposes of

Executive Order 12866 and, therefore, has not been reviewed by the

Office of Management and Budget.

This proposed rule would update and clarify the regulations for

importing coffee into the United States and for moving samples of

unroasted coffee through Hawaii and Puerto Rico in transit to other

destinations. This proposed rule would make no substantive changes in

import or transit requirements. Therefore, it should have no economic

impact on any United States entities, whether large or small.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

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

entities.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

Regulatory Reform

This action is part of the President's Regulatory Reform

Initiative, which, among other things, directs agencies to remove

obsolete and unnecessary regulations and to find less burdensome ways

to achieve regulatory goals.

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 would be revised to read as follows:

PART 319--FOREIGN QUARANTINE NOTICES

Subpart--Coffee

Sec.

319.73-1 Definitions.

319.73-2 Products prohibited importation.

319.73-3 Conditions for transit movement of certain products

through Puerto Rico or Hawaii.

319.73-4 Costs.

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

2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

Sec. 319.73-1 Definitions.

Administrator. The Administrator of the Animal and Plant Health

Inspection Service, United States Department of Agriculture, or any

employee of the United States Department of Agriculture delegated to

act in his or her stead.

Inspector. Any individual authorized by the Administrator to

enforce this subpart.

Sample. Unroasted coffee not for commercial resale. Intended use

includes, but is not limited to, evaluation, testing, or market

analysis.

United States. The States, District of Columbia, Guam, Northern

Mariana Islands, Puerto Rico, and the Virgin Islands of the United

States.

Unroasted coffee. The raw or unroasted seeds or beans of coffee.

Sec. 319.73-2 Products prohibited importation.

(a) To prevent the spread of the coffee berry borer Hypothenemus

hampei (Ferrari) and the fungus Hemileia vastatrix (Berkely and

Broome), which causes an injurious rust disease, the following articles

are prohibited importation into Hawaii and Puerto Rico, except as

provided in Sec. 319.73-3 of this subpart:

(1) Unroasted coffee;

(2) Coffee plants and leaves; and

(3) Empty sacks previously used for unroasted coffee.

(b) Due to the risk of Mediterranean fruit fly, coffee berries or

fruits with pulp are prohibited importation into all parts of the

United States by Sec. 319.37-2(a) of this part.

Sec. 319.73-3 Conditions for transit movement of certain products

through Puerto Rico or Hawaii.

(a) Mail. Samples of unroasted coffee that are transiting Hawaii or

Puerto Rico en route to other destinations and that are packaged to

prevent the escape of any plant pests may proceed without action by an

inspector. Packaging that would prevent the escape of plant pests

includes, but is not limited to, sealed cartons, air tight containers,

or vacuum packaging. Samples of unroasted coffee received by mail but

not packaged in this manner are subject to inspection and safeguard by

an inspector. These samples must be returned to origin or forwarded to

a destination outside Hawaii or Puerto Rico in a time specified by an

inspector and in packaging that will prevent the escape of any plant

pests. If this action is not possible, the samples must be destroyed.

(b) Cargo. Samples of unroasted coffee that are transiting Hawaii

or Puerto Rico as cargo and that remain on the carrier may proceed to a

destination outside Hawaii or Puerto Rico without action by an

inspector. Samples may be transshipped in Puerto Rico or Hawaii only

after an inspector determines that they are packaged to prevent the

escape of any plant pests. Samples that are not packaged in this manner

must be rewrapped or packaged in a manner prescribed by an inspector to

prevent the escape of plant pests before the transshipment will be

allowed.

(c) Other mail, cargo, and baggage shipments of articles covered by

Sec. 319.73-2 arriving in Puerto Rico or Hawaii may not be unloaded or

transshipped in Puerto Rico or Hawaii and are subject to inspection and

other applicable requirements of the Plant Safeguard Regulations (part

352 of this chapter).

Sec. 319.73-4 Costs.

All costs of inspection, packing materials, handling, cleaning,

safeguarding, treating, or other disposal of products or articles under

this subpart will be borne by the owner or a responsible representative

of the commodity. The services of an inspector during regularly

assigned hours of duty and at the usual places of duty will be

furnished without cost to the importer.

Done in Washington, DC, this 5th day of May 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-12083 Filed 5-8-97; 8:45 am]

BILLING CODE 3410-34-P