Official Control - The Federally Recognized State
Managed Phytosanitary Program
The Federally Recognized State Managed Phytosanitary Program - Questions and Answers for Industry
The U.S. Department of Agriculture’s Federally Recognized State Managed Phytosanitary Program (FRSMP—pronounced “free-stamp”—Program) establishes an administrative process for granting Federal recognition to certain State-managed official control programs for plant pest eradication or containment. The program can also grant Federal recognition to certain State-managed exclusion programs to protect areas endangered by the introduction of a pest. Programs recognized by the FRSMP Program address quarantine pests of limited distribution within the United States that are not being regulated under a Federal program or are being considered for deregulation, The FRSMP Program may later offer recognition of programs for regulated non-quarantine pests.
Once a State-managed phytosanitary control program receives Federal recognition, USDA and the U.S. Department of Homeland Security have the authority to enforce at U.S. ports of entry requirements that are equivalent to the State’s restrictions before quarantine-affected imported goods are transported interstate. Under the FRSMP Program, USDA will regulate commodities infested with a particular pest arriving in or destined for protected States.
Q. How will importers benefit from changes brought by the FRSMP program?
A. The most significant benefit to importers is that the FRSMP program will potentially help create opportunities to trade with the United States with fewer restrictions. This is accomplished in two ways. First, the program provides a process for reducing the number of pests that will require action at ports of entry. In anticipation of the establishment of this program, PPQ, in close collaboration with the States, has already identified 71 pests (as of September 24, 2013) that no longer require action at ports of entry because they are already established and unlikely to harm the U.S. environment or the economy. This will reduce the number of emergency action notifications issued each year, facilitating the movement of shipments into the United States.
Second, the FRSMP program provides a process for establishing import requirements at the state level. Prior to the implementation of the program, import requirements could only be established at the national level. This meant that shipments arriving anywhere in the United States must be treated, re-exported, or destroyed if a federally regulated pest was detected. Under the FRSMP program, import requirements can also be established at the state level. This means that only those shipments arriving in a state that is regulating a specific pest must comply with the import requirements. This gives importers and trading partners more opportunities to trade with fewer restrictions in those states where the same pests are not regulated.
Q. How will I be notified if one of my shipments contains a pest regulated under the FRSMP program?
A. If a pest regulated under a federally recognized state program is detected in a shipment arriving in a FRSMP-participating state, a CBP Agriculture Specialist or PPQ Officer will issue an emergency action notification (EAN Form 523) to the importer. The EAN will describe the required phytosanitary actions to mitigate the pest (i.e., treat, re-export, or destroy). However, if the shipment arrives in a state that is not participating in the FRSMP program, CBP or PPQ will issue an EAN that lists the states that require phytosanitary action for the detected pest and provides a link to the FRSMP program website where the importer can find detailed Information about the required mitigations.
Q. If a pest regulated under the FRSMP program is found in one of my shipments, what do I need to do to meet the requirements of a FRSMP state?
A. If a pest regulated under the FRSMP program is detected in a shipment, CBP or PPQ will issue an EAN that lists the states that require phytosanitary action for the detected pest. The EAN will also include a link to the FRSMP program website where the importer can find detailed Information about the participating states' required mitigations. Importers should contact the state plant regulatory official for specific guidance about meeting the state's requirements. Note: It is possible that not all pests will have an available treatment, and a shipment may be prohibited entry into a state.
Q. If a pest regulated under the FRSMP program is detected in a shipment and I can find a buyer in a state that isn't regulating that pest, can the shipment be redirected to the other state without being treated, re-exported or destroyed?
A. Due to constraints in the port of entry process, it is not possible to redirect shipments once they have arrived in a FRSMP-participating state. Importers are urged to check the FRSMP program website regularly. PPQ will publish information about the pests covered under the FRSMP program and the participating state's import requirements. This information will help you anticipate the potential phytosanitary actions that may be required for shipments arriving in FRSMP-participating states. It will also enable you to make informed decisions about where you might want to send your shipments.
If a pest regulated under the FRSMP program is detected in a shipment arriving in a non-participating state and the shipment is ultimately destined for a FRSMP-participating state, the importer may change the shipment's final destination to a non-participating state. If the importer will move the shipment to a FRSMP-participating state as planned, the importer must comply with the FRSMP-participating state's import requirements. The required mitigations can be done any time after the shipment is released from the port of entry and before it enters the FRSMP-participating State.
Q. What measures are in place to prevent discrimination against foreign suppliers?
A. The import requirements established by a FRSMP-participating state cannot be more restrictive than the state's interstate movement regulations. To that end, the phytosanitary requirements for shipments in which a pest regulated under the FRSMP program is detected will be equivalent for both foreign and domestic suppliers. As the National Plant Protection Organization for the United States, PPQ will monitor the states' implementation of the FRSMP program. If discrepancies in implementation are found, APHIS will notify the affected parties of required modifications.
Q. What constitutes a violation of the FRSMP program?
A. Moving a shipment out of the port of entry might constitute a violation if the following three conditions are met:
a pest regulated under the FRSMP program is found during port of entry inspections,
the broker or importer is provided written notification (via an EAN) of the pest find and the required phytosanitary actions (which might include restricting or prohibiting the shipment from moving to a FRSMP-participating state), and
an investigation reveals that the shipment was moved to a FRSMP-participating state despite the notification.
Q. Do I have to comply with the import requirements of a FRSMP-participating state if my shipment is just passing through the state?
A. If a pest regulated under the FRSMP program is found in a shipment entering the United States, the importer will be notified (via an EAN) of the states that require phytosanitary action for the detected pest. Once the shipment leaves the port of entry, it will be subject to the rules of interstate commerce and must meet the requirements established by the state for transiting. Importers are urged to contact the state plant regulatory official for specific guidance. If the shipment moves into regulated States nevertheless, the movement will be considered a violation under Title 7, Code of Federal Regulations, part 330.106.
Q. Will the phytosanitary actions required to mitigate a particular pest vary from state to state under FRSMP?
A. The phytosanitary actions required to mitigate a particular pest will be the same for each participating state.
Q. What can I do to stay informed about the FRSMP program, including the pests that will be regulated and the states that are participating?
A. The FRSMP program website will be the primary source of information about the program. The list of federally recognized state-managed phytosanitary programs and the pests that will be regulated under the program will be available through the FRSMP program website. Importers will also find the FRSMP program manual and other important policy and program documents. Importers are also strongly encouraged to subscribe to the APHIS Stakeholder Registry (select the Federally Recognized State Managed Phytosanitary Program topic under APHIS-Plant Health Information, Importation into the U.S.). As petitions to recognize state-managed phytosanitary programs are approved, PPQ will announce the programs and the regulated pests via the Registry.