Importation of Coffee

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 97-011-2]

Importation of Coffee

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are revising 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 will make the

regulations easier to read and understand, thereby facilitating

compliance.

EFFECTIVE DATE: December 30, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior Import

Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700

River Road Unit 140, Riverdale, MD 20737-1231, (301) 734-6799; or e-

mail: Peter.M.G[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.

On May 9, 1997, we published in the Federal Register (62 FR 25561-

25562, Docket No. 97-011-1) a proposal to amend the coffee regulations

by removing unnecessary text, updating references to officials of the

Animal and Plant Health Inspection Service (APHIS), and making other

nonsubstantive changes to clarify the requirements for moving samples

of unroasted coffee through Hawaii and Puerto Rico to other

destinations. In addition, we proposed to amend the coffee regulations

to clarify 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.

We solicited comments concerning our proposal for 60 days ending

July 8, 1997. We received two comments by that date. One was from a

State government official and the other was a representative of the

coffee industry. Their concerns are addressed below.

Importation of Coffee Berries and Fruit for Research and Analytical

Purposes

One commenter stated that it was his understanding that restricted

articles such as coffee berries and fruits may be imported into the

United States under certain conditions for research and analytical

purposes. He therefore suggested that the coffee regulations include a

provision that provides an exemption for coffee berries and fruits

being imported for research and analytical purposes.

Seeds of all kinds when in pulp, including coffee berries or

fruits, may be imported into the United States for research and

analytical purposes by the United States Department of Agriculture

under the conditions listed in Sec. 319.37-2(c). We agree that this

provision should be made clear in the coffee regulations. Therefore, in

order to avoid confusion, and to facilitate compliance with the coffee

regulations, we are including a reference in the revised coffee

regulations to the scientific and experimental importation provisions

currently contained in Sec. 319.37-2(c).

Importation of Green Coffee and Coffee Nursery Stock into Hawaii

We received a comment from an official of Hawaii's Department of

Agriculture that recommends new requirements for the importation of

green coffee beans and coffee nursery stock into that State. We intend

to consider the comment further and consult with Hawaii's State

Department of Agriculture about the recommendations. However, the

recommendations are outside the scope of our original proposal.

Therefore, any changes we make in response to those recommendations

will have to be the subject of a subsequent rulemaking.

We are also clarifying the proposed Sec. 319.73-4, ``Costs,'' to

clearly indicate that costs for the listed services will be borne by

the owner, importer, or agent of the owner or importer, including a

broker.

Therefore, for the reasons given in the proposed rule and in this

document, we are adopting the proposed rule as a final rule, with the

changes discussed in this document.

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 the purposes of Executive

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

Management and Budget.

This final rule updates and clarifies 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 rule makes 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 will

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

entities.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

[[Page 65650]]

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.).

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, we are amending 7 CFR part 319 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 2.22, 2.80, and 371.2(c).

2. Subpart--Coffee, consisting of Secs. 319.73-1 through 319.73-4,

is revised to read as follows:

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.

Subpart--Coffee

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 and other injurious

insects, seeds of all kinds when in pulp, including coffee berries or

fruits, are prohibited importation into all parts of the United States

by Sec. 319.37-2(a) of this part, except as provided in Sec. 319.37-

2(c).

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, airtight 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).

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, importer, or agent of the

owner or importer, including a broker. 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 19th day of November 1998.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-31712 Filed 11-27-98; 8:45 am]

BILLING CODE 3410-34-P