APHIS Announces New Program Allowing States to Act on Imported Plant Pests
The Animal and Plant Health Inspection Service announced on Oct. 1 a new program where it will recognize state plant pest management programs on imported products and implement them at the border. Under the new Federally Recognized State Managed Phytosanitary Program (FRSMP), states can petition APHIS to recognize their pest control program on foreign plant pests and, if the request is approved, APHIS will take action at the ports to mitigate the risk of pest introduction. A shipment may be allowed to proceed without remedial measures if steps are taken to ensure it will not enter the state with the recognized phytosanitary program. APHIS may also enter collaborative agreements to allow the state to take action on import shipments containing the pest that moves within its borders.
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APHIS Will Now Consider State Petitions to Regulate Imports
Under current rules, states are prohibited from regulating or taking any action on imported shipments, even if there is a risk of pest introduction. States can only regulate interstate shipments containing plant pests of concern. With the new program, states can petition APHIS to exclude an imported pest from that state even if it isn’t present, or if the pest has a limited distribution in the U.S. but is of specific concern to the state, said APHIS. After a review of the petition, APHIS will decide whether to begin taking action at the port of entry against the pest, it said. APHIS may grant state phytosanitary programs an interim approval for 60 days while it reviews the state’s petition, said the notice on the new program.
APHIS May Require Treatment, Destruction of Infested Shipment on State’s Orders
Once a state phytosanitary program is recognized, if the plant pest of concern is found in an import shipment at a port of entry, APHIS may require mitigation or remedial actions on the shipment, including phytosanitary treatment, re-exportation, or destruction of the infested commodity, even if the plant pest is not federally regulated by APHIS, said the agency. If APHIS determines the shipment containing the FRSMP pest is not destined for a state that restricts the pest under the program, APHIS may decide to allow the shipment to be proceed without any treatment, it said. In such cases, APHIS may decide to issue an Emergency Action Notification ordering restrictions on the movement and destinations of the infested shipment.
Collaborative Agreements Will Allow FRSMP States to Act on Import Shipments
APHIS also says it will enter into collaborative agreements with state pest programs that have recognized FRSMP pests where, despite the prohibition on states taking action on import shipments, state authorities will be able to act on import shipments if the FRSMP pest is found in their state, said APHIS. States will still not be able to act on import shipments in transit unless such a collaborative agreement is in place. APHIS will monitor states with collaborative agreements in place to make sure they comply with the terms of the agreement and with the FRSMP criteria, it said. If a state fails to meet the terms or criteria, APHIS may reconsider the cooperative agreement and the state’s FRSMP eligibility.
APHIS posted a FAQ on the new program (here).
(Federal Register 10/01/14)