This Proposed Rule document was issued by the Animal and Plant Health Inspection Service (APHIS)
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Action
Proposed rule.
Summary
We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh apples (Malus pumila) from China into the continental United States. As a condition of entry, apples from areas in China in which the Oriental fruit fly (Bactrocera dorsalis) is not known to exist would have to be produced in accordance with a systems approach that would include requirements for registration of places of production and packinghouses, inspection for quarantine pests at set intervals by the national plant protection organization of China, bagging of fruit, safeguarding, labeling, and importation in commercial consignments. Apples from areas in China in which Oriental fruit fly is known to exist could be imported into the continental United States if, in addition to these requirements, the apples are treated with fumigation plus refrigeration. All apples from China would also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that all conditions for the importation of the apples have been met and that the consignment of apples has been inspected and found free of quarantine pests. This action would allow for the importation of apples from China into the continental United States while continuing to provide protection against the introduction of quarantine pests.
Dates
We will consider all comments that we receive on or before September 16, 2014.
Addresses
You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0003.
Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0003, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.
Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0003 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.
For Further Information Contact
Mr. Marc Phillips, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 156, Riverdale, MD 20737; (301) 851-2114.
Supplementary Information
Background
The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-68, 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 plant pests that are new to or not widely distributed within the United States.
The national plant protection organization (NPPO) of China has requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations to allow apples (Malus pumila) from China to be imported into the continental United States.
As part of our evaluation of China's request, we have prepared a pest risk assessment (PRA), titled “Importation of Apples (Malus pumila) from China into the Continental United States” (June 10, 2013).
The PRA evaluates the risks associated with the importation of apples into the continental United States from China. Copies of the PRA may be obtained by contacting the individual listed underFOR FURTHER INFORMATION CONTACTor viewed on the Regulations.gov Web site (seeADDRESSESabove for instructions for accessing Regulations.gov). The PRA identifies 21 pests of quarantine significance present in China that could be introduced into the continental United States through the importation of Chinese apples:
Adoxophyes orana (Fischer von Röslerstamm), summer fruit tortix.
Archips micaceana (Walker), a moth.
Argyrotaenia ljungiana (Thunberg), grape tortix.
Bactrocera dorsalis (Hendel), Oriental fruit fly.
Carposina sasakii Matsumura, peach fruit moth.
Cenopalpus pulcher (Canestrini & Fanzago), flat scarlet mite.
Cryptoblabes gnidiella (Millière), honeydew moth.
Cydia funebrana (Treitschke), plum fruit moth.
Euzophera bigella (Zeller), quince moth.
Euzophera pyriella Yang, a moth.
Grapholita inopinata Heinrich, Manchurian fruit moth.
Leucoptera malifoliella (Costa), apple leaf miner.
Monilia polystroma van Leeuwen, Asian brown rot.
Monilinia fructigena Honey, brown fruit rot.
Rhynchites auratus (Scopoli), apricot weevil.
Rhynchites bacchus (L.), peach weevil.
Rhynchites giganteus Krynicky, a weevil.
Rhynchites heros Roelofs, a weevil.
Spilonota albicana (Motschulsky), white fruit moth.
Spilonota prognathana Snellen, a moth.
Ulodemis trigrapha Meyrick, a moth.
The PRA states that measures beyond standard port-of-entry inspection are required to mitigate the risks posed by these plant pests. After consideration of potential mitigation options, we have prepared a risk management document (RMD) to recommend specific measures to mitigate these risks. Copies of the RMD may be obtained from the person listed underFOR FURTHER INFORMATION CONTACTor viewed on the Regulations.gov Web site.
Based on the recommendations of the RMD, we are proposing to allow the importation of apples from China into the continental United States only if they are produced in accordance with a systems approach; we are proposing to add the systems approach to the regulations in a new § 319.56-69 governing the importation of apples from China.
Proposed Systems Approach
General Requirements
Paragraph (a) of § 319.56-69 would set out general requirements for the NPPO of China and for growers and packers producing apples for export to the continental United States.
Paragraph (a)(1) would require the NPPO of China to provide an operational workplan to APHIS that details the activities that the NPPO will, subject to APHIS' approval of the workplan, carry out to meet the requirements of proposed § 319.56-69. As described in a notice we published on May 10, 2006, in theFederal Register(71 FR 27221-27224, Docket No. APHIS-2005-0085), an operational workplan is an agreement betweenAPHIS' Plant Protection and Quarantine (PPQ) program, officials of the NPPO of a foreign government, and, when necessary, foreign commercial entities that specifies in detail the phytosanitary measures that will comply with our regulations governing the import or export of a specific commodity. Operational workplans establish detailed procedures and guidance for the day-to-day operations of specific import/export programs. Workplans also establish how specific phytosanitary issues are dealt with in the exporting country and make clear who is responsible for dealing with those issues. The implementation of a systems approach typically requires an operational workplan to be developed.
Paragraph (a)(2) would require the apples to be grown in places of production that are registered with the NPPO of China.
Paragraph (a)(3) would state that apples from China may be imported in commercial consignments only. Produce grown commercially is less likely to be infested with plant pests than noncommercial consignments. Noncommercial consignments are more prone to infestation because the commodity is often ripe to overripe and is often grown with little to no pest control. Commercial consignments, as defined within the regulations, are consignments that an inspector identifies as having been imported for sale and distribution. Such identification is based on a variety of indicators, including, but not limited to: Quantity of produce, type of packaging, identification of grower or packinghouse on the packaging, and documents consigning the fruits or vegetables to a wholesaler or retailer.
Place of Production Requirements
Our systems approach would require certain measures to take place at the registered places of production.
Proposed paragraph (b) of § 319.56-69 would contain these measures. Paragraph (b)(1) would require the place of production to carry out any phytosanitary measures specified for the place of production under the operational workplan. Depending on the location, size, and plant pest history of the orchard, these measures may include surveying protocols or application of pesticides and fungicides.
Paragraph (b)(2) would state that, when any apples destined for export to the continental United States are still on the tree and are no more than 2 centimeters in diameter, double-layered paper bags must be placed wholly over the apples. The bags would have to remain intact and on the apples until the apples arrive at the packinghouse. This bagging protocol, which is modeled on a similar requirement for Ya pears and sand pears from China, helps protect the apples against the quarantine moths and fungi.
Paragraph (b)(3) would require the NPPO of China to visit and inspect registered places of production prior to harvest for signs of infestations. This provision is modeled on existing provisions for the importation of fragrant pears and sand pears from China, and serves a dual purpose: It not only provides for the NPPO of China to inspect the place of production for quarantine pests in a manner that APHIS believes to be sufficiently rigorous, but also affords the NPPO the opportunity to determine whether the orchard has continually maintained the phytosanitary measures specified for it under the operational workplan.
Paragraph (b)(4) would state that, if either Monilia polystroma van Leeuwen or Monilinia fructigena is detected at a registered place of production, APHIS could reject the consignment or prohibit the importation into the continental United States of apples from the place of production for the remainder of the season. The exportation to the continental United States of apples from the place of production could resume in the next growing season if an investigation is conducted by the NPPO of China and APHIS and the NPPO conclude that appropriate remedial action has been taken. If either Monilia polystroma van Leeuwen or Monilinia fructigena are detected at more than one registered place of production within a province, APHIS could prohibit the importation into the continental United States of apples from that province until an investigation is conducted and APHIS and the NPPO conclude that appropriate remedial action has been taken. Procedures for disqualification of registered places of production based on detection of other listed pests of concern will be detailed in the operational workplan approved by APHIS and the NPPO. We are specifically requiring inspection for Monilia polystroma van Leeuwen and Monilinia fructigena as inspections provide phytosanitary protection against these pests and eliminate the need for additional treatment such as fungicidal dips. The other proposed requirements provide sufficient mitigation against the other pests of concern and therefore specific inspection, apart from standard port of entry inspection, for those pests is unnecessary.
Packinghouse Requirements
Paragraph (c) of § 319.56-69 would set forth requirements for mitigation measures that would have to take place at registered packinghouses. Paragraph (c)(1) would require that, during the time registered packinghouses are in use for packing apples for export to the continental United States, the packinghouses may only accept apples that are from registered places of production and that are produced in accordance with the requirements of proposed § 319.56-69. Apples from other places of production may be produced under conditions that are less stringent than those of this proposed rule, and may therefore be a pathway for the introduction of quarantine pests into the packinghouses.
Paragraph (c)(2) would require packinghouses to have a tracking system in place to readily identify all apples destined for export to the continental United States that enter the packinghouse and be able to trace the apples back to their place of production. In the event that quarantine pests are discovered in any consignment, the packinghouse would have to use the tracking system to determine the place of production of the apples, and supply the NPPO of China or officials authorized by the NPPO with this information. The NPPO would then inspect the place of production in order to determine the scope of the outbreak and the remedial actions necessary to address it.