Importation of Plants for Planting
Establishing a Category of Plants for Planting Whose Importation is Not Authorized Pending Pest Risk Analysis (NAPPRA)
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is proposing to establish a new category of regulated articles in the regulations governing the importation of plants for planting, commonly known as the Q37 regulations. The proposed revision would allow APHIS to maximize protection of U.S. agriculture from foreign pests that could enter this country while minimizing adverse economic and trade impacts.
APHIS’ current Q37 regulations categorize imported plants as either prohibited (not allowed) or restricted (allowed under certain conditions) and they do 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 fruits and vegetables 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 United States than pests that could enter through imported fruits or vegetables. The plant itself also could be a pest. It is important for APHIS to enhance its current regulations to ensure that they provide adequate protection against the risk posed by plants that are being imported.
This new category would list taxa of plants for planting whose importation in not authorized pending pest risk analysis (NAPPRA). If scientific evidence indicates that the taxon of plants for planting is a potential quarantine pest or a potential host of a quarantine pest, we would publish a notice announcing our determination that the taxon is a potential quarantine pest or a potential host of a quarantine pest, cite the scientific evidence we considered in making this determination, and give the opportunity to comment on our determination. If we received no comments that changed our determination, the taxon would subsequently be added to the new category. This new category would allow us to take prompt action on evidence that the importation of a taxon of plants for planting may pose a risk while continuing to allow for public participation in the process.
We would allow any person to petition for a pest risk analysis to be conducted for a taxon that has been added to the new category. After the pest risk analysis was completed, we would remove the taxon from the category and allow its importation subject to general requirements, allow its importation subject to specific restrictions or prohibit its importation.
We would consider applications for permits to import small quantities of germplasm from taxa whose importation is not authorized pending pest risk analysis, for experimental or scientific purposes under controlled conditions.
Any additions or changes to this category would be published in the Federal Register with the opportunity for the public to comment. Countries, individuals or organizations also could request that APHIS conduct a pest risk analysis for a taxon to be removed from the new category.
To read the proposed rule as well as supporting and related materials go to http://www.regulations.gov/search/Regs/home.html#docketDetail?R=APHIS-2006-0011
Consideration will be given to comments received on or before Oct. 21. You may submit comments by either of the following methods:
- Go to http://www.regulations.gov/search/Regs/
home.html#submitComment?R=09000064809f95fc to submit comments electronically. - Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket No. APHIS-2006-0011, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0011.
If you wish to be notified as new information become available regarding NAPPRA, please register for the APHIS-PPQ stakeholder registry and select Plants under Plant Imports as a topic of interest.
Last Modified: September 17, 2009