The Federally Recognized State Managed Phytosanitary Program - Questions and Answers for State Officials
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 can my State-managed phytosanitary program benefit from Federal recognition?
A. State participation in the FRSMP Program allows USDA to apply State-level quarantines to pests at U.S. ports of entry. This will help to keep the pests that your State regulates—but that other States do not—out of your State. State programs for containment or eradication of a pest also benefit from Federal recognition by supplying justification to our trading partners for the requirement of equivalent phytosanitary measures for the same pest when detected at U.S. ports of entry.
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Q. What is the “list of pests pending Official Control”?
A. This is a draft list of pests that may have become established somewhere in the United States. These pests must be part of an Official Control program in order to justify action to be taken at U.S. ports of entry. However, USDA has decided NOT to regulate the domestic populations of these pests. They will continue to be regulated at U.S. ports of entry until APHIS is able to determine their presence and distribution in the United Sates. , If they are present, States are given the opportunity to become part of USDA’s FRSMP Program.
In the meantime, APHIS and the National Plant Board (NPB) have also begun to examine listed pests that have been determined to be present in the United States and remove those that do not present a risk level that warrants a State-managed program. Pests removed from the list are no longer regulated at ports of entry. |
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Q. What is the purpose of the list of pests pending Official Control?
A. The purpose of this list is to help the United States to comply more fully with its obligations under the International Plant Protection Convention (IPPC), an international agreement on plant health with 172 current signatories. Although we are currently taking action against these pests when detected at U.S. ports of entry, a corresponding Federal program to address the limited U.S. population(s) is still under development. The FRSMP Program will allow the United States to recognize State-level quarantines and continue to take action at U.S. ports of entry in accordance with IPPC rules. |
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Q. What are “regulated non-quarantine pests”?
A. “Regulated non-quarantine pests” are non-quarantine pests that could qualify under the FRSMP Program only if their presence creates an unacceptable economic impact on plants for planting. |
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Q. Who will be responsible for funding State-managed phytosanitary programs under USDA’s FRSMP Program?
A. The States will be responsible for funding their State-managed phytosanitary programs. However, some State-managed phytosanitary programs may be incorporated into established programs that States already manage, such as general nursery surveying. In some cases, USDA may provide certain services, such as providing pest risk information to help States present a reasonable argument for petition, or providing Cooperative Agricultural Pest Survey funding for a State’s discretionary survey. |
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Q. Will travel funds be provided for States to “get together” to discuss pests and petitions?
A. No. There is no Federal requirement for face-to-face meetings. Alternatives such as conference calls and webinars could be used to minimize travel costs. |
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Q. What happens if a State starts a State-managed phytosanitary program under USDA’s FRSMP Program and then stops?
A. In order to comply with the IPPC, if a State does not maintain a program in good standing, USDA will terminate recognition of that program. Before that happens, the State will be notified and given a chance to return to compliance with the program. |
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Q. Who will maintain the library of petitions, approvals/denials of petitions, and other supporting documents?
A. USDA will publish relevant programmatic information at http://www.aphis.usda.gov/plant_health/plant_pest_info/frsmp/. The National Coordinator for Official Control will oversee the FRSMP Program and maintain documents supporting each State-managed phytosanitary program. |
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Q. Where will the FRSMP Program/Official Control Web site be located, what will be included, and who will keep it up to date?
A. The FRSMP Program/Official Control Web site will be 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. |
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Q. Who will collaborate on this with industry—the National Plant Board or USDA?
A. Both groups may collaborate with industry and the IPPC guidelines officially recognize industry participation. Industry plays a major role in support of the FRSMP Program and can contribute to the development of a program. States are encouraged to meet with their industries as they develop petitions for the FRSMP Program to ensure the implications of program participation are understood by all parties. |
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Q. How will PPQ’s pest information on file be made available to all States?
A. The Agricultural Quarantine Inspection (AQI) Partnership Council provides States with a monthly listing of Emergency Action Notice actions, including pest interceptions. APHIS currently provides a tailored monthly report to each State listing pest interceptions in imported cargo for shipments destined to that State only. The pest interceptions are sorted by destination zip code so the State can make judgments about deployment of pest detection and associated activities. State Plant Regulatory Officials may request and obtain further information through USDA State Plant Health Directors, Senior Regional Program Managers, the National Coordinator for Official Control, and/or National Identification Services. |
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Q. Will surveillance work increase?
A. It is not likely that surveillance work will increase since most of these pests are currently actionable and the States are likely inspecting for them now. |
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Q. How much legwork and paperwork will be required of State agricultural agencies?
A. State agriculture agencies will develop petitions for approved programs. Program approval is contingent upon States conducting required inspections, taking phytosanitary measures when pests are found, recording and reporting inspection results, conducting periodic surveys, and maintaining records. |
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Q. What is the estimated effort to be spent by a State?
A. The State effort involved in a State-managed phytosanitary program under the FRSMP Program depends on the pest and how its presence or absence is currently addressed. Some programs may exist, while others will need to be designed and implemented. |
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Q. How will criteria be analyzed and the determination made to approve or disapprove a petition?
A. The submissions will be evaluated by the Official Control Advisory Panel (OCAP), which is composed of APHIS personnel from Emergency and Domestic Programs, Plant Health Programs, Center for Plant Health Science and Technology, and the PPQ regional offices.
The criteria, which will be available in the program manual, were established and vetted with the NPB prior to adoption. The panel will reach a consensus as to whether program requirements have been met. |
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Q. How will the NPB and PPQ ensure standardization of the FRSMP Program among all States?
A. The NPB plays a key role in brokering a single program proposal for participant States, while PPQ will provide a well-defined petition process that will address all of the concerns of the States. This results in a single process to determine and enforce one set of remedial requirements from participating States. |
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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 will 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. |
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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 control, and we will address them as they arise. |
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Q. Is the FRSMP Program voluntary?
A. Yes. However, once a petition for Federal recognition of a State-managed phytosanitary program is approved, the State will be required to meet its commitments or it will no longer qualify for the FRSMP program. |
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Q. Is the FRSMP Program or Official Control like the special local need provision in the Plant Protection Act?
A. While the submission requirements for consideration of the FRSMP Program /Official Control and Special Needs are similar, they are not the same. The FRSMP Program /Official Control is for pests that USDA has decided to no longer regulate and applies to foreign commerce. Special Needs is for pests that PPQ is already regulating and only applies to interstate commerce. |
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Q. Is the FRSMP Program or Official Control like the special local need provision in the Plant Protection Act?
A. While the submission requirements for consideration of the FRSMP Program /Official Control and Special Needs are similar, they are not the same. The FRSMP Program /Official Control is for pests that USDA has decided to no longer regulate and applies to foreign commerce. Special Needs is for pests that PPQ is already regulating and only applies to interstate commerce. |
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Q. What is the timeline for approving a petition from the States?
A. The target is to handle petitions within 60 days of receipt, but the actual timeline is dependent on the volume, thoroughness, and complexity of the petitions. |
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Q. What will happen regarding the following pests, for example: A) Channeled apple snail, B) Asian citrus psyllid, C) European corn borer, D) Formosan termite, and E) Sweet potato weevil?
A. The channeled apple snail is a possible candidate under the FRSMP Program. This invasive species is a quarantine pest that is monitored and regulated by certain States.
B. The Asian citrus psyllid is currently under Federally regulated official control. A State-managed phytosanitary initiative will have no effect on its quarantine status.
C. USDA already takes action for the European corn borer. A State-managed phytosanitary initiative will have no effect on its quarantine status. Such an initiative would, however, provide justification for US port of entry requirements if challenged by a trading partner.
D. The Formosan termite is not a good candidate for the FRSMP Program. It is considered widespread and impossible to eradicate. USDA’s Agricultural Research Service is a partner in a multi-agency campaign to control the pest.
E. Recognition of the sweet potato weevil under the FRSMP Program will have no effect on the quarantine status of this pest because sweet potatoes can only enter the United States from Canada, where the weevil does not occur. |
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