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Issuance of Final Rule to Require Phytosanitary Certificates For Almost All Imported Fruits and Vegetables is 'Stalled

In September 2001, the U.S. Department of Agriculture's (USDA's) Animal and Plant Health Inspection Service (APHIS) issued a proposed rule to amend the regulations in 7 CFR Part 319 to require that a phytosanitary certificate accompany all fruits and vegetables imported into the U.S., with certain exceptions.

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As proposed in 2001, the rulemaking would apply to all commercial shipments of fruits and vegetables imported into the U.S. as well as all fruits and vegetables brought in by individual travelers for personal use.

The proposed exemptions would be for (a) fruits and vegetables that are dried, cured, frozen, or processed, unless APHIS determines that the drying, curing, freezing, or processing to which the fruits or vegetables have been subjected does not entirely eliminate pest risk, and (b) noncommercial shipments of fruits and vegetables that travelers and shoppers bring into the U.S. for personal use through land ports of entry located along the Canadian and Mexican borders (this exemption would not be extended to travelers arriving in the U.S. by plane or boat from Mexico or Canada).

(See ITT's Online Archives or 09/06/01 news, 01090610, for BP summary of proposed rule.)

Final Rule is Stalled, Still Some Details to Work Out

During U.S. Customs and Border Protection's (CBP's) November 2003 Trade Symposium, APHIS officials stated that this final rule to require phytosanitary certificates for imported fruits and vegetables was expected to be published in the Federal Register in Spring 2004 and take effect six months later, to allow for public outreach and communication regarding its new requirements.

However, APHIS sources now state that the final rule is 'stalled,' and that there are still some details to work out. In addition, sources could not project a new timeframe for its publication.