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Regulatory Administrative Process
After completion of the risk analysis process, APHIS initiates the regulatory administrative process. This process begins when we publish a notice or proposed rule in the Federal Register to announce that a risk assessment, pest list, risk management document, and supporting environmental documentation are available for public comment.
If the evaluated commodity meets the criteria in 7 CFR part 319.56-4, APHIS may publish a notice in the Federal Register instead of a proposed rule. On July 18, 2007, APHIS implemented a “notice-based” process for certain fruits and vegetables that allows the Agency to authorize certain imports without rulemaking (proposed and final rules). To be eligible for approval under the notice-based process, a commodity’s pest risk must be sufficiently mitigated by one or more of five designated phytosanitary measures. This process and the designated phytosanitary measures are described in 7 CFR 319.56-4 (follow the prompts to 319.56-4).
If the evaluated fruit or vegetable meets the criteria in 7 CFR part 319.56-4, APHIS may publish a notice instead of a proposed rule. On July 18, 2007, APHIS implemented a “notice-based” process that allows the Agency to authorize certain imports without rulemaking. To be eligible for approval under the notice-based process, a commodity’s pest risk must be sufficiently mitigated by one or more of five designated phytosanitary measures. This and the designated phytosanitary measures are described in 7 CFR 319.56-4 (follow the prompts to 319.56-4).
To learn more about APHIS’ rulemaking process, please see:
APHIS makes its risk analyses and accompanying documentation available for public comment through notices or proposed rules published in the Federal Register. The notices and proposed rules are usually available for public comment for 60 days.
You can access the notices, proposed rules, and documents we make available for public comment on-line at Regulations.gov. You can send your comments to our notices or proposed rules directly to Regulations.gov following the instructions provided on the web site.
When the comment period for a notice or proposed rule closes, APHIS staff review all comments received by the due date and respond to them in a final rule or second notice that we publish in the Federal Register. The resultant notice or final rule will include an effective date, which is the date at which the commodity is approved for importation into the United States under the described requirements. (See Approved Commodities web page.)
The effective date of the notice or final rule is the date the commodity is approved for importation into the United States under the described requirements. (Please note that the country of origin may be required to meet or establish certain standards prior to allowing importations of that commodity into the United States. Until such standards are established, the commodity will not be allowed into the United States.
To view requirements for commodities that are approved for importation, please see the Approved Commodities section of this site.
