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 does USDA plan to ensure that the States and foreign countries are aware of the FRSMP Program?
A. PPQ Stakeholder Registry notices will be the main source of information to communicate to the domestic audience. Other ongoing outreach efforts—including meetings with industry groups and the Department of Homeland Security’s Customs and Border Protection (CBP), the creation of a FRSMP Program/Official Control manual, and maintaining a program Web site—will also be used. A World Trade Organization Notice will also be published prior to implementation. Trade staff of USDA’s Animal and Plant Health Inspection Service (APHIS) will make presentations at international meetings and perform additional informational presentations and meetings as necessary.
Interested individuals can subscribe to the PPQ Stakholder Registry here |
|
Q. How will the PPQ identifiers communicate with CBP, brokers, and others?
A. Under FRSMP Program, PPQ identifiers will continue to communicate under the same procedures that are currently in place. In order to assure formal communication with the importer, CBP Agriculture Specialists and PPQ Officers will use the Emergency Action Notification (EAN Form 523) to communicate official requirements should such a pest be detected in a shipment. |
| |
Q. Where will the FRSMP Program/Official Control Web site be located, and what will be included?
A. The FRSMP Program/Official Control Web site is accessible to the public and located at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/.
The site will contain information about approved phytosanitary programs, including pests, associated host(s), and participating States. It will also contain an online program manual and program documents. The National Coordinator for Official Control will be responsible for updating the Web site. |
| |
Q. How will possible discrimination of foreign and domestic suppliers be addressed?
A. The goal of this program is to achieve equivalence. Expectations are that foreign and domestic suppliers will abide by equivalent rules. If discrepancies are found later during monitoring, APHIS will notify the affected parties of required modifications. Discrimination will be addressed on a case-by-case basis unless a consistent pattern is seen that requires broader program revision. |
| |
Q. How will we handle “transiting” issues?
A. If a pest is found in a shipment entering the United States, the broker will be notified of the FRSMP Program restrictions. If the pest moves into regulated States nevertheless, the movement will be considered a violation. Other transiting situations may be more difficult to predict, and we will address them as they arise. |
| |
Q. How will trading partners and importers benefit from changes brought by the FRSMP Program?
A. Currently, our trading partners must meet requirements that apply to the entire United States. When only certain States have requirements for certain pests, rather than the entire country, trading partners will have more opportunities for trade with fewer restrictions to States where those pests are no longer regulated. |
| |
Q. Will requirements vary from State to State for a particular pest under the FRSMP Program?
A. The requirements will not be different for each participating State. There will be only one set of entry requirements for each pest covered under the FRSMP Program that is destined to Federally-recognized States. There are no restrictions when the pest is destined to other States. |
| |
Q. How will the FRSMP Program affect the future commodity imports?
A. It is hard to predict, but we anticipate that new markets may open up as States decline to implement phytosanitary programs for certain pests, thus removing the import restrictions associated with those pests. |
| |
Q. How will APHIS define what constitutes a violation of the FRSMP Program?
A. Moving a product out of a U.S. port of entry would be considered a violation if a regulated pest was found when it was inspected at the port, the broker or importer was provided written notification of the find and the prescribed safeguards, and an investigation revealed that the pest and product was moved to a prohibited or restricted State despite the notification. |
| |
Q. How is APHIS communicating this initiative to its trading partners?
A. APHIS has shared information about this program in many venues, including:
- October 2009: A presentation to other U.S. Government agencies and industry at the NAPPO meeting;
- January 2010: A presentation at the annual NAPPO-EPPO meeting; and,
- February 2010: A progress report during the Quads countries (Australia, Canada, and New Zealand) meeting;
- February 2011: A progress report during the Quads countries meeting
- January 2012: A progress report at the annual NAPPO-EPPO meeting; and,
- January 2012: A presentation to representatives of the Canadian Food Inspection Agency;
- January 2012: A progress report to representatives of the New Zealand Ministry of Agriculture and Forestry and the Australian Department of Agriculture, Fisheries and Forestry
- January 2012: A progress report during the Quads countries meeting
APHIS will continue to discuss the program as opportunities arise. Prior to implementation, the United States will issue a notification to the World Trade Organization. |
| |
