USDA - APHIS - Plant Health, Plant Protection and Quarantine

Official Control - The Federally Recognized State
Managed Phytosanitary Program

The Federally Recognized State Managed Phytosanitary Program - Questions and Answers for State Officials Considering a Petition

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.

Questions and Answers for State Official Considering a Petition

Q. Can you summarize how a State official may select the right PPQ program for a pest of concern?
A.

	FRSMP	Special Need	Pest Free Area
PPQ regulates the pest domestically?		X
State quarantine is relative to PPQ regulation?		X
State imposes extra protection in interstate commerce?	X	X	X
PPQ protects the State at ports of entry?	X	X	X
State exports are facilitated?			X

FRSMP - PPQ may decide not to regulate a pest domestically and seek to deregulate it at the port of entry. A State may believe the pest presents an economic or environmental risk and may initiate a domestic program to contain, eradicate or exclude that pest. If the pest is found in foreign trade, the State may seek Federal recognition of its program in order to justify equivalent, non-discriminatory protection at the port of entry.

Special Need - If PPQ regulates the pest under Federal Order or under the Code of Federal Regulations and the State believes further protections are necessary for interstate commerce, the pest may be a candidate for the Special Needs Request.

Pest Free Area - If a pest that PPQ has decided not to regulate domestically falls into the category above and the State has an export industry for a host of that pest, the State may wish to consider establishing a Pest Free Area. This program is a collaborative effort with a trading partner in order to facilitate that country’s import requirements relative to the pest. The State manages a Federally and internationally recognized program to remain pest free which justifies equivalent, non-discriminatory protection at the port of entry.

Q. What information must states provide to USDA to establish and maintain a State-managed phytosanitary program under the FRSMP Program?
A. To establish a State-managed phytosanitary program under USDA’s FRSMP Program, a State must submit the following information, which will be subject to USDA review and approval:

Presence or absence of the pest in the State;
Evidence that the pest could enter the State and become established;
Argument that pest could cause economic/environmental harm;
Maintenance plan for the program; and,
State’s quarantine regulations.

To maintain a State-managed phytosanitary program under USDA’s FRSMP Program, a State must submit surveillance and inspection information that describes its monitoring program.

Q. Who will conduct pest risk analyses (PRAs) under the FRSMP Program — USDA or the States?
A. The States are responsible for gathering the petition information required for submission to USDA, but USDA can help provide pest risk information when it is available.

Q. Are formal PRAs required for a State-managed phytosanitary program under the FRSMP Program?
A. No. Only a “reasonable argument” is expected. In accordance with the IPPC, justification will be “… on the basis of conclusions reached by using an appropriate pest risk analysis, or, where appropriate, another comparable examination and evaluation of available scientific information.” As per ISPM No. 2, part 3.3.2, “…a PRA does not necessarily need to be long and complex. A short and concise PRA may be sufficient provided justifiable conclusions can be reached after completing only a limited number of steps in the PRA process.”

Q. What about pathogens that cannot be detected at U.S. ports of entry?
A. Pathogens that cannot be detected at U.S. ports of entry may NOT qualify for the FRSMP Program unless a testing protocol is available and approved by the OCAP. Pathogens in this category may be forwarded to PPQ for consideration on a case-by-case basis. Offshore testing or post-entry quarantine are other possible regulatory options.