APHIS Consolidates Import Permit Procedures for Plants & Plant Products
The Animal and Plant Health is updating its regulations on permits for importation and interstate movement of plant and plant products, in a final rule that takes effect May 12. The final rule places permit regulations into a single section of the import quarantine regulations that would apply permit application, approval, and revocation procedures to a wide variety of plants and plant products regulated under 7 CFR 319. The new permit requirements would also apply to importation of honeybees and honeybee semen, and noxious weeds.
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APHIS said it made few changes from its June 2013 proposed rule (see 13062514). APHIS now says it will allow import permits to cover multiple ports of arrival. Although importers would still only be able to specify a single port of entry, APHIS says allowing multiple ports of arrival would grant more flexibility for logistical arrangements. APHIS is also relaxing certain provisions in the proposal requiring permitees to acknowledge the consequences for non-compliance, and now says it will deny permits if the requested importation runs counter to state (and not just federal) pest control programs.
Consolidation to Lessen Confusion, Improve Enforcement, Says APHIS
Regulations on plant products in 7 CFR 319, honeybees and honeybee semen in 7 CFR 322, and noxious weeds in 7 CFR 360 each set forth permitting requirements and processes, some of which are inconsistent between products. In its proposed rule APHIS said these inconsistencies between permit requirements for various products have created confusion among importers, and has also made the requirements difficult to enforce.
To rationalize PPQ permitting regulations, APHIS is creating new sections 7 CFR 319.7 through 319.7-5, which would outline procedures for permits for importing or moving interstate regulated plants and plant products. New sections would be created to address: harmonized requirements for permit applications; issuance of permits and labels; denial of permits; withdrawal, cancellation, and revocation of permits; and procedures for appealing permit revocation. APHIS is also making corresponding changes to its regulations throughout Part 319 so that the new consolidated permit requirements cover:
- plants and plant products imported for experimental, therapeutic, or developmental purposes (319.8);
- foreign cotton and covers regulated (319.8 through 319.8-26);
- indian corn or maize and related plants and their seeds (319.24 through 319.24-5 and 319.41 through 319.46);
- citrus fruit and nursery stock regulated (319.28);
- plants for planting (319.37 through 319.37-14);
- logs, lumber, and other unmanufactured wood articles (319.40-1 through 319.40-11);
- rice (319.55 through 319.55-7);
- fruits and vegetables (319.56-1 through 319.56-58);
- articles restricted in order to prevent the entry of khapra beetle (319.75 through 319.75-9).
Meanwhile, changes to Sections 322 and 360 would apply the consolidated permit requirements to honeybees and honeybee semen, and noxious weeds, respectively.
Permit Holders Required to be U.S. Residents; APHIS May Deny Based on Compliance History
The final rule requires that all individuals who hold permits have and maintain a U.S. residence,. If a corporation, institution, association or other legal entity holds a permit, they must designate an individual for service of process and maintain an address or business office in the U.S., it said. “This will help with compliance with U.S. regulations and enforcement actions when necessary,” said APHIS when it issued its proposed rule.
Under the new regulations, APHIS may deny permits based on an applicant’s compliance history, among other reasons. APHIS says it has always had and exercised this authority under the Plant Protection Act.