[Federal Register Volume 74, Number 4 (Wednesday, January 7, 2009)]
[Proposed Rules]
[Pages 651-664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31474]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 /
Proposed Rules
[[Page 651]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 305 and 319
[Docket No. APHIS-2008-0126]
RIN 0579-AC93
Importation of Hass Avocados From Peru
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation of Hass avocados from Peru into
the continental United States. As a condition of entry, Hass avocados
from Peru would have to be produced in accordance with a systems
approach that would include requirements for importation in commercial
consignments; registration and monitoring of places of production and
packinghouses; grove sanitation; pest-free areas or trapping for fruit
flies; surveys for the avocado seed moth; and inspection for quarantine
pests by the national plant protection organization of Peru. Hass
avocados from Peru would also be required to be accompanied by a
phytosanitary certificate with an additional declaration stating that
the avocados were grown, packed, and inspected and found to be free of
pests in accordance with the proposed requirements. This action would
allow for the importation of Hass avocados from Peru into the United
States while continuing to provide protection against the introduction
of quarantine pests.
DATES: We will consider all comments that we receive on or before March
9, 2009.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0126 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0126, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2008-0126.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Assistant Branch
Chief, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River
Road Unit 140, Riverdale, MD 20737-1231; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-48, referred to below as the regulations)
prohibit or restrict the importation of fruits and vegetables into the
United States from certain parts of the world to prevent the
introduction and dissemination of plant pests that are new to or not
widely distributed within the United States.
The national plant protection organization (NPPO) of Peru has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow Hass avocados from Peru to be imported
into the United States.
As part of our evaluation of Peru's request, we prepared a draft
pest risk assessment (PRA), titled ``Importation of `Hass' Avocado
(Persea americana) Fruit from Peru into the Continental United States''
(May 2006). The draft PRA evaluated the risks associated with the
importation of Hass avocados into the continental United States (the
lower 48 States and Alaska) from Peru.
We published a notice \1\ in the Federal Register on May 25, 2006
(71 FR 30113, Docket No. APHIS-2006-0072) in which we advised the
public of the availability of the draft PRA and solicited comments on
it for 60 days ending July 24, 2006. We received seven comments by that
date, from exporters, importers, members of Congress, a domestic
avocado industry association, researchers, and the NPPO of Peru.
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\1\ To view the notice, the draft PRA, and the comments we
received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0072.
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We made changes to the May 2006 PRA in response to public comments
and peer review comments. The changes we made are summarized in an
appendix to the revised PRA. APHIS will accept comments on the revised
PRA throughout the comment period for this proposed rule. Copies of the
revised PRA, titled ``Importation of `Hass' Avocado (Persea americana)
Fruit from Peru into the Continental United States'' (October 2008),
may be obtained from the person listed under FOR FURTHER INFORMATION
CONTACT or viewed on the Regulations.gov Web site (see ADDRESSES above
for instructions for accessing Regulations.gov).
The revised PRA identifies six pests of quarantine significance
present in Peru that could be introduced into the United States through
the importation of Hass avocados:
Anastrepha fraterculus (Wiedemann), the South American
fruit fly;
Anastrepha striata Schiner, the guava fruit fly;
Ceratitis capitata (Wiedemann), the Mediterranean fruit
fly (Medfly);
Coccus viridis (Green), the green scale;
Ferrisia malvastra (McDaniel), a mealybug; and
Stenoma catenifer Walsingham, the avocado seed moth.
APHIS has determined that measures beyond standard port-of-entry
inspection are required to mitigate the risks posed by these plant
pests. To recommend specific measures to mitigate those risks, we
prepared a risk management document (RMD). Copies of the RMD may be
obtained from the person listed under FOR FURTHER INFORMATION CONTACT
or viewed on the
[[Page 652]]
Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov).
Based on the recommendations of the RMD, we are proposing to allow
the importation of Hass avocados from Peru into the continental United
States only if they are produced in accordance with a systems approach.
The systems approach we are proposing would require:
Registration, monitoring, and oversight of places of
production;
Grove sanitation;
Pest-free areas or trapping for A. fraterculus, A.
striata, and Medfly;
Surveys for the avocado seed moth;
Harvesting requirements for safeguarding and
identification of the fruit;
Packinghouse requirements for safeguarding and
identification of the fruit; and
Inspection by the NPPO of Peru for the quarantine pests.
Hass avocados from Peru would also be required to be accompanied by
a phytosanitary certificate with an additional declaration stating that
the avocados were grown, packed, and inspected and found to be free of
pests in accordance with the proposed requirements.
We are proposing to add the systems approach to the regulations in
a new Sec. 319.56-49 governing the importation of Hass avocados from
Peru into the United States. The mitigation measures in the proposed
systems approach are discussed in greater detail below.
Proposed Systems Approach
General Requirements
Paragraph (a) of Sec. 319.56-49 would set out general requirements
for the NPPO of Peru and for growers and packers producing avocados for
export to the United States.
Paragraph (a)(1) would require the NPPO of Peru to provide a
workplan to APHIS that details the activities that the NPPO of Peru
will, subject to APHIS' approval of the workplan, carry out to meet the
requirements of proposed Sec. 319.56-49. As described in a notice we
published on May 10, 2006, in the Federal Register (71 FR 27221-27224,
Docket No. APHIS-2005-0085), a bilateral workplan is an agreement
between APHIS' Plant Protection and Quarantine program, officials of
the NPPO of a foreign government, and, when necessary, foreign
commercial entities that specifies in detail the phytosanitary measures
that will comply with our regulations governing the import or export of
a specific commodity. Bilateral workplans apply only to the signatory
parties and establish detailed procedures and guidance for the day-to-
day operations of specific import/export programs. Bilateral workplans
also establish how specific phytosanitary issues are dealt with in the
exporting country and make clear who is responsible for dealing with
those issues. The implementation of a systems approach typically
requires a bilateral workplan to be developed.
Paragraph (a)(1) would also state that the NPPO of Peru must
establish a trust fund in accordance with Sec. 319.56-6. Section
319.56-6 of the regulations sets forth provisions for establishing
trust fund agreements to cover costs incurred by APHIS when APHIS
personnel must be physically present in an exporting country or region
to facilitate exports. The systems approach may require APHIS personnel
to monitor treatments if they are conducted in Peru.
Paragraph (a)(2) would require the avocados to be grown at places
of production that are registered with the NPPO of Peru and that meet
the requirements for grove sanitation, pest-free areas or trapping for
A. fraterculus, A. striata, and Medfly, and surveys for the avocado
seed moth that are described later in this document.
Paragraph (a)(3) would require the avocados to be packed for export
to the United States in packinghouses that are registered with the NPPO
of Peru and that meet the packinghouse requirements for fruit origin,
pest exclusion, cleaning, safeguarding, and identification that are
described later in this document.
Paragraph (a)(4) would state that avocados from Peru may be
imported in commercial consignments only. Produce grown commercially is
less likely to be infested with plant pests than noncommercial
consignments. Noncommercial consignments are more prone to infestations
because the commodity is often ripe to overripe and is often grown with
little or no pest control. Commercial consignments, as defined in Sec.
319.56-2, are consignments that an inspector identifies as having been
imported for sale and distribution. Such identification is based on a
variety of indicators, including, but not limited to: Quantity of
produce, type of packaging, identification of grower or packinghouse on
the packaging, and documents consigning the fruits or vegetables to a
wholesaler or retailer.
Commercially produced avocados are cleaned as part of the packing
process. This practice would help to mitigate the risk associated with
C. viridis and F. malvastra. Both of these pests are external pests
that would be dislodged by cleaning. In addition, the industry practice
of culling damaged fruit would help to ensure that avocados exported
from Peru are free of quarantine pests in general.
Monitoring and Oversight
The systems approach we are proposing includes monitoring and
oversight requirements in paragraph (b) of proposed Sec. 319.56-49 to
ensure that the required phytosanitary measures are properly
implemented throughout the process of growing and packing of avocados
for export to the United States.
Paragraph (b)(1) would require the NPPO of Peru to visit and
inspect registered places of production monthly, starting at least 2
months before harvest and continuing until the end of the shipping
season, to verify that the growers are complying with the requirements
for grove sanitation and surveys for the avocado seed moth that are
discussed later in this document and follow pest control guidelines,
when necessary, to reduce quarantine pest populations. The systems
approach provides for the establishment of areas that are free of the
three fruit flies or the use of trapping for those fruit flies; if
trapping is conducted, the NPPO of Peru would also have to verify that
the growers are complying with the trapping requirements and would have
to certify that each place of production has effective fruit fly
trapping programs. Any personnel conducting trapping and pest surveys
would have to be trained and supervised by the NPPO of Peru. APHIS
would monitor the places of production if necessary.
Under paragraph (b)(2), in addition to conducting fruit inspections
at the packinghouses, the NPPO of Peru would be required to monitor
packinghouse operations to verify that the packinghouses are complying
with the packinghouse requirements for fruit origin, pest exclusion,
cleaning, safeguarding, and identification that are described later in
this document.
Under paragraph (b)(3), if the NPPO of Peru finds that a place of
production or a packinghouse is not complying with the proposed
regulations, no fruit from the place of production or packinghouse
would be eligible for export to the United States until APHIS and the
NPPO of Peru conduct an investigation and appropriate remedial actions
have been implemented.
Paragraph (b)(4) would require the NPPO of Peru to retain all forms
and documents related to export program activities in groves and
packinghouses for at least 1 year and, as requested, provide them to
APHIS for review. Such forms and documents would include (but would not
necessarily be limited to)
[[Page 653]]
fruit fly trapping records, avocado seed moth survey records,
inspection records, and treatment records.
Grove Sanitation
Under paragraph (c) of proposed Sec. 319.56-49, avocado fruit that
has fallen from the trees would have to be removed from each place of
production at least once every 7 days, starting 2 months before harvest
and continuing to the end of harvest. This procedure would reduce the
amount of material in the groves that could serve as potential host
material for insect pests.
Fruit that has fallen from avocado trees to the ground may be
damaged and thus more susceptible to infestation. Therefore, proposed
paragraph (c) would not allow fallen avocado fruit to be included in
field containers of fruit brought to the packinghouse to be packed for
export.
Mitigation Measures for A. fraterculus and A. striata
Paragraph (d) of proposed Sec. 319.56-49 would provide two options
for mitigating the risk associated with A. fraterculus and A. striata
in avocados from Peru: Establishment of an area free of A. fraterculus
and A. striata or trapping to demonstrate that places of production
have a low prevalence of A. fraterculus and A. striata.
Peru currently does not have any areas that APHIS considers to be
free of A. fraterculus and A. striata. However, the NPPO of Peru has
indicated its intention to establish areas within Peru that are free of
A. fraterculus and A. striata in the future.
Section 319.56-5 sets out specific requirements for determination
that an area is a pest-free area. Paragraph (a) of Sec. 319.56-5
states that determinations of pest-free areas be made in accordance
with International Standards for Phytosanitary Measures (ISPM) No. 4,
which is incorporated by reference in Sec. 300.5. ISPM No. 4 sets out
three main criteria for recognition of a pest-free area:
Systems to establish freedom;
Phytosanitary measures to maintain freedom; and
Checks to verify freedom has been maintained.
Paragraph (b) of Sec. 319.56-5 requires that APHIS approve the
survey protocol used to determine and maintain pest-free status, as
well as protocols for actions to be taken upon detection of a pest. It
also indicates that pest-free areas are subject to audit by APHIS to
verify their status.
If avocados were produced in an area designated by APHIS as free of
A. fraterculus and A. striata in accordance with Sec. 319.56-5, no
further mitigations for those fruit flies would be necessary for fruit
produced in that area. Therefore, proposed paragraph (d)(1) would
provide as an option for mitigating A. fraterculus and A. striata that
the avocados are produced in a place of production located in an area
that is designated as free of A. fraterculus and A. striata in
accordance with Sec. 319.56-5.
If we were to determine that an area in Peru is free of A.
fraterculus and A. striata, the general requirements for fruits and
vegetables imported from pest-free areas in paragraph (e) of Sec.
319.56-5 would be addressed in other parts of the proposed systems
approach in Sec. 319.56-49. Specifically:
The traceability requirements in paragraph (h)(5) of
proposed Sec. 319.56-49 fulfill the requirements in paragraph (e)(1)
of Sec. 319.56-5;
The phytosanitary certification requirement in paragraph
(j) of proposed Sec. 319.56-49 fulfills the certification requirement
in paragraph (e)(2) of Sec. 319.56-5; and
The safeguarding requirements in paragraphs (g) and (h)(4)
of proposed Sec. 319.56-49 fulfill the safeguarding requirement in
paragraph (e)(3) of Sec. 319.56-5. These requirements are discussed in
greater detail later in this document.
Paragraph (d)(2) of proposed Sec. 319.56-49 would provide for the
use of trapping to demonstrate that registered places of production
have a low prevalence of A. fraterculus and A. striata. Although the
PRA has determined that A. fraterculus and A. striata are both
potentially pests of Hass avocados from Peru, Hass avocados are known
to be poor hosts for Anastrepha spp. fruit flies in general. However,
the risk that these fruit flies will infest Hass avocados increases if
their population is high in areas where avocados are produced. Trapping
to demonstrate an area of low pest prevalence would therefore be an
appropriate mitigation for these two fruit flies.
Beginning at least 1 year before harvest begins and continuing
through the end of the harvest, trapping would have to be conducted in
registered places of production with at least 1 trap per 0.2 square
kilometers (km2) to demonstrate that the places of
production have a low prevalence of A. fraterculus and A. striata.
APHIS-approved traps baited with APHIS-approved plugs would have to be
used and serviced at least once every 2 weeks.
During the trapping, when traps are serviced, if A. fraterculus and
A. striata are trapped at a particular place of production at
cumulative levels above 0.7 flies per trap per day, pesticide bait
treatments would have to be applied in the affected place of production
in order for the place of production to remain eligible to export
avocados to the United States. The NPPO of Peru would have to keep
records of fruit fly detections for each trap, update the records each
time the traps are checked, and make the records available to APHIS
inspectors upon request.
Mitigation Measures for Medfly
Paragraph (e) of proposed Sec. 319.56-48 would provide three
options for mitigating the risk associated with Medfly in avocados from
Peru: Establishment of an area free of Medfly, trapping to demonstrate
that places of production are free of Medfly, or treatment.
Similar to proposed paragraph (d)(1), proposed paragraph (e)(1)
would provide as an option for Medfly that the avocados are produced in
a place of production located in an area that is designated as free of
Medfly in accordance with Sec. 319.56-5. Peru currently does not have
any areas that APHIS considers to be free of Medfly. However, the NPPO
of Peru has indicated its intention to establish areas within Peru that
are free of Medfly in the future.
Hass avocados are a better host for Medfly than they are for A.
fraterculus and A. striata. For that reason, paragraph (e)(2) of
proposed Sec. 319.56-49 would provide for the use of trapping to
demonstrate that registered places of production are free of Medfly.
Beginning at least 1 year before harvest begins and continuing
through the end of the harvest, trapping would have to be conducted in
registered places of production to demonstrate that the places of
production are free of Medfly. There would have to be at least 2 traps
per km2 in commercial production areas. APHIS-approved traps
baited with APHIS-approved plugs would have to be used and serviced at
least once every 2 weeks.
During the trapping, when traps are serviced, if any Medfly are
found, 10 additional traps would have to be deployed in a 0.5-
km2 area immediately surrounding all traps where Medfly was
found to determine whether a reproducing population is established. If
any additional Medfly are found within 30 days of the first detection,
the affected place of production would be ineligible to export avocados
without treatment for Medfly until the source of the infestation is
identified and the infestation is eradicated. APHIS would have to
concur with the determination
[[Page 654]]
that the infestation has been eradicated. The NPPO of Peru would have
to keep records of fruit fly detections for each trap, update the
records each time the traps are checked, and make the records available
to APHIS inspectors upon request.
If the avocados were not produced in an area free of Medfly or in a
place of production free of Medfly, or if a reproducing population of
Medfly is detected at a place of production and the infestation has not
yet been eradicated, avocados from that place of production would only
be allowed to be exported to the United States if they are treated in
accordance with 7 CFR part 305. (We are proposing to approve five
treatments for Medfly in avocados from Peru. This is discussed in
further detail later in this document under the heading ``Addition of
Treatments for Medfly in Avocados from Peru.'')
Surveys for the Avocado Seed Moth
Paragraph (f) of proposed Sec. 319.56-49 would require surveys to
demonstrate that registered places of production are free of the
avocado seed moth. Specifically, Peruvian departamentos \2\ in which
avocados are grown for export to the United States would have to be
surveyed by the NPPO of Peru at least once annually, no more than 2
months before harvest begins, and found to be free from infestation by
the avocado seed moth. An annual survey is appropriate for the avocado
seed moth because the pest has limited mobility; the results of a
survey conducted no more than 2 months before harvest would indicate
freedom from the avocado seed moth for the entire harvest period. APHIS
would have to approve the survey protocol used to determine and
maintain pest-free status and the actions to be performed if the
avocado seed moth is detected.
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\2\ In Peru, the departamento is the first level of political
subdivision within the country, similar to the U.S. State. However,
because Peru is about five-sixths of the size of Alaska and there
are 25 departamentos, a typical departamento is smaller than most
States.
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Surveys would have to include representative areas from all parts
of each registered place of production in each departamento. The NPPO
of Peru would have to cut and inspect a biometric sample of fruit at a
rate determined by APHIS. We expect that the biometric sample would
include about 300 fruit from each place of production. Fruit sampled
would have to be either from the upper half of the tree or from the
ground. Sampled fruit would have to be cut and examined for the
presence of eggs and larvae of the avocado seed moth in the pulp or
seed and for the presence of eggs in the pedicel.
If one or more avocado seed moths is detected in the annual survey,
the affected place of production would be immediately suspended from
the export program until appropriate measures to reestablish pest
freedom, agreed upon by the NPPO of Peru and APHIS, have been taken.
These measures could include further delimiting surveys, appropriate
pesticide treatments, or removal of infested host material. The NPPO of
Peru would have to keep records of the avocado seed moth detections for
each orchard, update the records each time the orchards are surveyed,
and make the records available to APHIS inspectors upon request. The
records would have to be maintained for at least 1 year after the
beginning of the harvest, in order to ensure that the records of the
previous year's survey are available when conducting a survey.
Harvesting Requirements
Paragraph (g) of proposed Sec. 319.56-49 sets out requirements for
harvesting. Harvested avocados would have to be placed in field cartons
or containers that are marked with the official registration number of
the place of production. The place of production where the avocados
were grown would have to remain identifiable when the fruit leaves the
grove, at the packinghouse, and throughout the export process. These
requirements would ensure that APHIS and the NPPO of Peru could
identify the place of production where the avocados were produced if
inspectors find quarantine pests in the fruit either before export or
at the port of entry.
We would require the fruit to be moved to a registered packinghouse
within 3 hours of harvest or to be protected from fruit fly infestation
until moved. (Because of its low mobility, the avocado seed moth is not
expected to infest picked avocados in places of production that have
been surveyed and found to be free of that pest.) The fruit would have
to be safeguarded by an insect-proof screen or plastic tarpaulin while
in transit to the packinghouse and while awaiting packing. These
requirements would prevent the fruit from being infested by fruit flies
between harvest and packing.
Packinghouse Requirements
We are proposing several requirements for fruit origin and
packinghouse activities, which would be contained in paragraph (h) of
proposed Sec. 319.56-49.
Paragraph (h)(1) would require registered packinghouses to accept
only avocados that are from registered places of production and that
are produced in accordance with the requirements of the systems
approach during the time they are in use for packing avocados for
export to the United States.
Paragraph (h)(2) would require avocados to be packed within 24
hours of harvest in an insect-exclusionary packinghouse. All openings
to the outside of the packinghouse would have to be covered by
screening with openings of not more than 1.6 mm or by some other
barrier that prevents pests from entering. Screening with openings of
not more than 1.6 mm excludes fruit flies. The packinghouse would have
to have double doors at the entrance to the facility and at the
interior entrance to the area where the avocados are packed. These
proposed requirements are designed to exclude fruit flies from the
packinghouse.
Paragraph (h)(3) would require all avocados to be cleaned of all
plant debris before packing. This procedure would ensure that the fruit
alone is exported to the United States; other parts of the avocado tree
may harbor pests other than the quarantine pests identified earlier. As
noted earlier, the cleaning process also helps to remove C. viridis and
F. malvastra.
Paragraph (h)(4) would require fruit to be packed in insect-proof
packaging, or covered with insect-proof mesh or a plastic tarpaulin,
for transport to the United States, to prevent fruit fly infestation
after the fruit is packed. These safeguards would have to remain intact
until arrival in the United States.
Paragraph (h)(5) would require shipping documents accompanying
consignments of avocados from Peru that are exported to the United
States to include the official registration number of the place of
production at which the avocados were grown and to identify the packing
shed or sheds in which the fruit was processed and packed. This
identification would have to be maintained until the fruit is released
for entry into the United States. These requirements would ensure that
APHIS and the NPPO of Peru could identify the packinghouse at which the
fruit was packed if inspectors find quarantine pests in the fruit
either before export or at the port of entry.
Inspection by the NPPO of Peru
To ensure that the mitigations required in the systems approach are
effective at producing fruit free of the targeted quarantine pests,
paragraph (i) of proposed Sec. 319.56-49 would require inspectors from
the NPPO of Peru to inspect a biometric sample from each place of
production at a rate to be
[[Page 655]]
determined by APHIS. The inspectors would have to visually inspect
fruit from each place of production for all the quarantine pests. The
inspectors would also have to cut fruit to inspect for the avocado seed
moth and to inspect for A. fraterculus, A. striata, and Medfly if the
avocados did not originate from an area free of those fruit flies.
C. viridis and F. malvastra are both external pests that can be
detected by inspection. We commonly use phytosanitary inspection, along
with requiring the use of commercial production practices, to mitigate
the risk associated with C. viridis and with mealybug pests. Inspection
of cut fruit for A. fraterculus, A. striata, Medfly, and the avocado
seed moth is effective at detecting these internal feeders. We have cut
fruit to detect fruit flies in programs such as the program for the
importation of clementines from Spain; such cutting is required in the
regulations at Sec. 319.56-34(f). Similarly, the regulations governing
the importation of Hass avocados from Mexico in Sec. 319.56-
30(c)(3)(iv) require fruit cutting to detect avocado pests including
fruit flies and the avocado seed moth. We have determined that
inspection can serve as an effective mitigation for the risk associated
with these pests in avocados exported from Peru as well.
If any quarantine pests are detected in this inspection, the place
of production where the infested avocados were grown would immediately
be suspended from the export program until an investigation has been
conducted by APHIS and the NPPO of Peru and appropriate mitigations
have been implemented.
If Medfly is detected, avocados from the place of production where
the infested avocados were produced would be allowed to be imported
into the United States only if treated with an approved treatment for
Medfly in accordance with 7 CFR part 305.
Phytosanitary Certificate
To certify that the Hass avocados from Peru have been grown and
packed in accordance with the requirements of proposed Sec. 319.56-49,
proposed paragraph (j) would require each consignment of Hass avocados
imported from Peru into the United States to be accompanied by a
phytosanitary certificate issued by the NPPO of Peru with an additional
declaration stating that the avocados in the consignment were grown,
packed, and inspected and found to be free of pests in accordance with
the requirements of proposed Sec. 319.56-49. In addition:
If the avocados were produced in an area free of A.
fraterculus and A. striata, the phytosanitary certificate would have to
state that the avocados in the consignment were produced in an area
designated as free of A. fraterculus and A. striata in accordance with
7 CFR 319.56-5.
If the avocados were produced in an area free of Medfly,
the phytosanitary certificate would have to state that the avocados in
the consignment were produced in an area designated as free of Medfly
in accordance with 7 CFR 319.56-5.
If the avocados were treated for Medfly prior to export,
the phytosanitary certificate would have to state that the avocados in
the consignment were treated for Medfly in accordance with 7 CFR part
305.
Addition of Treatments for Medfly in Avocados From Peru
The regulations in 7 CFR part 305 set out standards and schedules
for treatments required in 7 CFR parts 301, 318, and 319 to prevent the
introduction or dissemination of plant pests or noxious weeds into or
through the United States through the importation or movement of
fruits, vegetables, and other articles. Section 305.2 lists approved
treatments; paragraph (h)(2)(i) lists approved treatments for imported
fruits and vegetables, and paragraph (h)(2)(ii) lists approved
treatments for fruits and vegetables moved interstate.
Five treatments are currently listed as approved treatments for
Medfly in avocados:
Methyl bromide fumigation treatment schedule MB T101-c-1,
approved for treating Medfly in avocados imported from Israel and from
the Philippines;
Methyl bromide fumigation followed by cold treatment
schedules MB&CT T108-a-1, MB&CT T108-a-2, and MB&CT T108-a-3, approved
for treating Medfly in avocados imported from Chile and avocados moved
interstate from areas quarantined for Medfly;
Cold treatment schedule T107-a, approved for avocados
moved interstate from areas quarantined for Medfly.
Because there are no differences between the avocados grown in Peru
and the avocados grown in the United States or the other countries
listed above that would affect the efficacy of the treatments, we have
determined that these treatments would be effective for treating Medfly
in avocados imported from Peru as well. Therefore, we are proposing to
list MB T101-c-1, MB&CT T108-a-1, MB&CT T108-a-2, MB&CT T108-a-3, and
CT T107-a as approved treatments for Medfly in avocados from Peru in
paragraph (h)(2)(i) of Sec. 305.2.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The proposed rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this proposed rule on small entities. Based on the
information we have, there is no reason to conclude that adoption of
this proposed rule would result in any significant economic effect on a
substantial number of small entities. However, we do not currently have
all of the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments on potential effects. In particular, we are interested in
determining the number and kind of small entities that may incur
benefits or costs from the implementation of this proposed rule.
The NPPO of Peru has requested that APHIS authorize market access
for commercial shipments of fresh Hass avocados into the continental
United States for domestic consumption. APHIS is proposing to grant
this request if Peru produces the Hass avocados in accordance with a
systems approach that would include registration and monitoring of
places of production and packinghouses; grove sanitation; pest-free
areas or trapping for fruit flies; surveys for the avocado seed moth;
and inspection for quarantine pests by Peru's NPPO. Hass avocados from
Peru would also be required to be accompanied by a phytosanitary
certificate with an additional declaration stating that the avocados
have been inspected for quarantine pests and were grown and packed in
accordance with the proposed requirements. These mitigations would
allow for the importation of Hass avocados from Peru into the United
States while providing protection against the introduction of
quarantine pests. Application of the mitigation measures in granting
Peru's request is consistent with World Trade Organization agreements
that sanitary and phytosanitary regulatory restrictions should be based
on scientific evidence and applied only to the extent necessary to
protect human, animal, and plant health.
[[Page 656]]
This analysis focuses on the potential economic impacts of allowing
fresh Hass avocado imports from Peru. Expected benefits and costs are
examined in accordance with Executive Order 12866. Expected economic
impacts for small entities are also evaluated, as required by the
Regulatory Flexibility Act. Our analysis indicates that, while producer
revenues would be negatively affected, the benefits of the proposed
rule would exceed costs overall. The study considers expected price and
welfare changes due to projected annual imports of 19,000 metric tons
of fresh Hass avocados from Peru.
The United States is the world's leading importer of all fresh Hass
avocados, with imports between 60 and 75 percent of total world exports
annually. Japan and Canada rank a distant second and third with
combined imports of 18 to 20 percent annually. The United States
imports primarily from Mexico and Chile. Mexico and Chile account for
approximately 50 and 30 percent, respectively.\3\ The United States
exports less than 1.5 percent of its production; whereas U.S.
consumption is more than double production. California is the largest
U.S. producer of avocados, accounting for approximately 86 percent of
all production and nearly all Hass avocado production. Peru has emerged
as a major exporter of Hass avocados on the world market in recent
years, accounting for approximately 18 percent of world exports. In
Peru, the Hass avocado harvesting season occurs between May and
September; whereas the California avocado marketing season is
perennial.
---------------------------------------------------------------------------
\3\ Global Trade Atlas data.
---------------------------------------------------------------------------
Analytical Approach, the Baseline, and Modeling Assumptions
In this section, we describe the economic model used to compute
expected impacts of the proposed rule on producers and consumers of
fresh Hass avocados, as well as the assumptions of the analysis,
including the baseline price and quantities, projected imports from
Peru, the price elasticities of demand and supply, and possible levels
of displacement of fresh Hass avocado imports from other countries by
projected imports from Peru.
The Baseline Analysis System (BAS) Model
The Baseline Analysis System (BAS) model is a non-spatial partial
equilibrium welfare model.\4\ The BAS model can be applied to evaluate
how market prices and quantities adjust to changes in policy, and how
producers and consumers are thereby affected by implementation of the
policy changes.
---------------------------------------------------------------------------
\4\ A complete description of the model is provided in:
Forsythe, K.W., ``An Economic Model for Routine Analysis of the
Welfare Effects of Regulatory Changes.'' V3.00. U.S. Department of
Agriculture, Animal and Plant Health Inspection Service, Veterinary
Services, Centers for Epidemiology and Animal Health. April 20, 2005
(draft). http://www.aphis.usda.gov/peer_review/content/printable_version/bas_model_econOnly_apr20.pdf.
The BAS economic model is based on methodology described in the
following studies: Ebel, E.D., R.H. Hornbaker, and C.H. Nelson,
``Welfare Effects of the National Pseudorabies Eradication
Program.'' Amer. J. Agr. Econ. 74(August 1992):638-45; Forsythe,
K.W., and B.A. Corso, ``Welfare Effects of the National Pseudorabies
Eradication Program: Comment.'' Amer. J. Agr. Econ. 76(November
1994):968-71; and Lichtenberg, E., D.D. Parker, and D. Zilberman,
``Marginal Analysis of Welfare Cost of Environmental Policies: The
Case of Pesticide Regulation.'' Amer. J. Agr. Econ. 70(November
1988):867-74.
---------------------------------------------------------------------------
Our analysis is non-spatial in that the price and quantity effects
obtained from the model are assumed to be average effects across
geographically separated markets. Partial equilibrium means that the
model results are based on maintaining a supply-and-demand equilibrium
in a limited portion of an overall economy. Economic sectors not
explicitly included in the model are assumed to have a negligible
influence on the model results. A partial equilibrium analysis is
appropriate because the proposed rule is specific to the U.S. fresh
Hass avocado market, and is therefore expected to have only limited
effects on other sectors of the economy. Avocados are not close
substitutes for other fruits.
Expected effects of the proposed rule are described in terms of
welfare impacts, as reflected in calculated changes in consumer and
producer surplus. Consumer surplus is the difference between what the
consumer pays for a unit of a good or service and the maximum price
that the consumer would be willing to pay for that unit. Producer
surplus is the difference between the price a producer is paid for
supplying a unit of a good or service and the minimum price that the
producer would be willing to accept to supply that unit.
The consumer and producer surplus equations in the model are based
on the assumption that demand and supply functions are approximately
linear near the initial equilibrium point. For small shifts, this
assumption results in reasonably accurate measures of consumer and
producer surplus changes. Parallel shifts in the demand and supply
functions are assumed. In addition to domestic demand and supply
functions, an import supply function is included in the model to
account for assumed changes in imports.
Baseline for Fresh Hass Avocados
The model's baseline represents the current U.S. fresh Hass avocado
market, in terms of production, consumption, import, and export
quantities; price; and own-price elasticities of demand and supply.
Price elasticities describe the responsiveness of sellers and buyers to
price changes. Table 1 reports the baseline data used in calculating
the welfare impacts of importing fresh Hass avocados from Peru.
Baseline quantities are 5-year averages, for the seasons 2002-03
through 2006-07, of U.S. fresh Hass avocado production, consumption,
imports, and exports. The baseline price is the average import price
for fresh Hass avocados on the domestic market over the same 5-year
period, inflated to 2008 dollars using the gross domestic product
deflator. Domestic demand for fresh Hass avocados is equivalent to
consumption, or production plus imports minus exports. Domestic supply
is measured as production minus exports.
Table 1--U.S. Baseline Data for Fresh Hass Avocado
[2002-03 through 2006-07 averages, metric tons]
------------------------------------------------------------------------
------------------------------------------------------------------------
Production \1\.......................................... 174,869
Imports \2\............................................. 202,512
Exports \2\............................................. 2,616
Consumption \3\......................................... 374,766
Price per metric ton \2\................................ $1,410
------------------------------------------------------------------------
\1\ Source: California Avocado Commission (CAC) Annual Report 2006-07.
\2\ Source: World Trade Atlas data.
\3\ Calculated as production plus imports minus exports.
For this analysis, we use short-run and long-run supply
elasticities for Hass avocados of 0.15 and 1.50, respectively, and a
demand elasticity of -1.20. These elasticities are taken from Hoddle,
et al. (2003). This study utilized data from Carman and Craft (1998)
and techniques developed by Armington (1969) to obtain the own-price
elasticity of demand. The more elastic supply in the longer run
reflects producers' greater ability to adjust to changes in price over
longer periods of time.
The Peru Avocado Growers Association estimates that 19,000 metric
tons of fresh Hass avocados would be exported annually to the United
States. It is likely that, given domestic demand constraints, a
percentage of fresh Hass avocado imports from other sources would be
displaced by these shipments. For the short- and long-term sets of
[[Page 657]]
demand and supply elasticities, we model the welfare impacts assuming
three different levels of displacement of fresh Hass avocado imports
from other sources: No displacement, 11 percent of imports from Peru
would displace imports from elsewhere, and 24 percent of imports from
Peru would displace imports from elsewhere.
The 11 and 24 percent displacement levels are derived from the
projected level of imports from Peru (19,000 metric tons), excess
supply and demand elasticities for the United States (the same as those
estimated by Hoddle, et al.), and market-clearing conditions of trade
that include the excess supply of Hass avocados from Peru.\5\
---------------------------------------------------------------------------
\5\ Displacement is calculated as a function of the excess
supply of avocados from Peru and the excess demand for avocados by
the United States, where displacement is equal to 1-[egr]/([eta]-
[egr]), [egr] represents the excess supply elasticity and [eta]
represents the excess demand elasticity. This representation is
derived from the trading relationship by taking the logarithmic
differential of the excess supply equation and solving for the
logarithmic change in excess supply. Trade creation is expressed as
the change in excess supply divided by the change in Peruvian
avocado imports. Trade displacement is the remaining portion of
Peruvian imports and is calculated as one minus trade creation.
---------------------------------------------------------------------------
As a measure of the sensitivity of the price and welfare effects to
the projected level of imports from Peru, we calculate impacts assuming
import levels would be 50 percent less or 50 percent greater (i.e.,
9,500 metric tons or 28,500 metric tons of fresh Hass avocados imported
yearly from Peru) than the projected 19,000 metric tons. Table 2
reports the net increases in U.S. Hass avocado imports for the three
displacement scenarios and the three modeled levels of imports from
Peru.
Table 2--Net Increase in U.S. Hass Avocado Imports, Based on Projected Import Levels of Fresh Hass Avocados From
Peru and Displacement Scenarios
----------------------------------------------------------------------------------------------------------------
Net increase in U.S. avocado imports
-----------------------------------------------
Percentage of imports from Peru assumed to displace other 50 percent 50 percent
imports less than Projected more than
projected imports projected
imports imports
----------------------------------------------------------------------------------------------------------------
MT
----------------------------------------------------------------------------------------------------------------
0............................................................... 9,500 19,000 28,500
11.............................................................. 8,455 16,910 25,365
24.............................................................. 7,220 14,400 21,660
----------------------------------------------------------------------------------------------------------------
Expected Costs and Benefits
In this section we report the results of the quantitative analysis.
Price impacts and welfare effects for domestic producers and consumers
of fresh Hass avocados are presented. We evaluate the sensitivity of
the results to fresh avocado import levels different from those
projected by comparing the effects of importing 50 percent more or 50
percent less from Peru than the projected 19,000 metric tons.
Model Results
Based on data averaged over 5 seasons, price changes and welfare
effects of the proposed rule are summarized in tables 3 through 5 for
projected fresh avocado imports from Peru of 19,000 metric tons
annually, at 0, 3, and 7 percent discount rates for each set of
elasticities. As expected, the price decline is largest when there is
zero displacement, and demand and supply are more inelastic.
With a supply elasticity of 0.15 and a demand elasticity of -1.20,
the price is calculated to decline by 4 percent when 19,000 metric tons
of fresh Hass avocados are imported annually from Peru and there is no
displacement of other imports. Undiscounted producer welfare losses
under this set of elasticities and zero displacement total about $9.7
million, with consumer welfare gains of approximately $21.6 million and
a net welfare gain of nearly $12 million.
When we assume that 24 percent of imports from Peru would displace
imports from other sources, the same elasticities of demand and supply
generate a price decline of 3.04 percent, undiscounted producer welfare
losses of approximately $7.4 million, consumer welfare gains of $16.3
million, and a net welfare gain of $8.9 million. We expect the
displacement percentage to lie between zero and 24 percent. The impacts
for producers and consumers are also calculated assuming 3 and 7
percent rates of discount. Since the welfare effects are discounted
only 1 year, from 2009, the presumed year of implementation, to the
base year of 2008, the values when discounted at 3 and 7 percent are
very similar to the undiscounted values. As expected, the net changes
in welfare show small declines with increases in the discount rate.
In the more intermediate run, when the responsiveness of consumers
is not as inelastic, price decline is smaller. Given a supply
elasticity of 1.50 and a demand elasticity of -1.20, the price is
calculated to decline by 2.7 percent with 19,000 metric tons of fresh
Hass avocados imported annually from Peru. Undiscounted producer
welfare losses under this scenario total about $6.4 million, with
consumer welfare gains of approximately $14 million for a net welfare
gain of about $8 million. Assuming 24 percent displacement and the same
elasticities of demand and supply, the price is calculated to decline
by about 2 percent with undiscounted producer welfare losses of nearly
$4.9 million, consumer welfare gains of $10.9 million, and net welfare
gains of $6 million.
The higher the level of displacement of imports from other
countries, the smaller the price change and the smaller the welfare
losses for producers and welfare gains for consumers. The extent to
which displacement occurs is a critical factor affecting the size of
potential impacts of the rule. Also, welfare gains for consumers and
welfare losses for producers can be expected to be larger in the short
run where supply is inelastic. Regardless of the percentage of
displacement, the rate of discount, or the price elasticity of demand
and supply, the benefits of the proposed rule to allow a projected
19,000 metric tons of fresh Hass avocados to be imported into the
United States from Peru would exceed the costs in the long run.
[[Page 658]]
Table 3--One-Year Price and Welfare Effects for Projected Annual Imports of 19,000 Metric Tons of Fresh Hass
Avocados From Peru, Discounted at 0 Percent
----------------------------------------------------------------------------------------------------------------
Percentage of
imports from Change in Change in
Demand and supply elasticities Peru that Price change consumer producer Net welfare
displace other (percent) welfare welfare change
imports
----------------------------------------------------------------------------------------------------------------
$1,000
----------------------------------------------------------------------------------------------------------------
D -1.20, S 0.15................. 0 -4.00 21,618 -9,675 11,944
D -1.20, S 0.15................. 11 -3.56 19,191 -8,613 10,577
D -1.20, S 0.15................. 24 -3.04 16,337 -7,358 8,979
D -1.20, S 1.50................. 0 -2.68 14,407 -6,386 8,021
D -1.20, S 1.50................. 11 -2.39 12,800 -5,696 7,104
D -1.20, S 1.50................. 24 -2.04 10,908 -4,877 6,031
----------------------------------------------------------------------------------------------------------------
Table 4--One-Year Price and Welfare Effects for Projected Annual Imports of 19,000 Metric Tons of Fresh Hass
Avocados From Peru, Discounted at 3 Percent
----------------------------------------------------------------------------------------------------------------
Percentage of
imports from Change in Change in
Demand and supply elasticities Peru that Price change consumer producer Net welfare
displace other (percent) welfare welfare change
imports
----------------------------------------------------------------------------------------------------------------
$1,000
----------------------------------------------------------------------------------------------------------------
D -1.20, S 0.15................. 0 -4.00 20,988 -9,393 11,596
D -1.20, S 0.15................. 11 -3.56 18,632 -8,362 10,269
D -1.20, S 0.15................. 24 -3.04 15,862 -7,144 8,718
D -1.20, S 1.50................. 0 -2.68 13,987 -6,200 7,787
D -1.20, S 1.50................. 11 -2.39 12,427 -5,530 6,897
D -1.20, S 1.50................. 24 -2.04 10,590 -4,735 5,855
----------------------------------------------------------------------------------------------------------------
Table 5--One-Year Price and Welfare Effects for Projected Annual Imports of 19,000 Metric Tons of Fresh Hass
Avocados From Peru, Discounted at 7 Percent
----------------------------------------------------------------------------------------------------------------
Percentage of
imports from Change in Change in
Demand and supply elasticities Peru that Price change consumer producer Net welfare
displace other (percent) welfare welfare change
imports
----------------------------------------------------------------------------------------------------------------
$1,000
----------------------------------------------------------------------------------------------------------------
D -1.20, S 0.15................. 0 -4.00 20,204 -9,042 11,162
D -1.20, S 0.15................. 11 -3.56 17,935 -8,050 9,885
D -1.20, S 0.15................. 24 -3.04 15,269 -6,877 8,392
D -1.20, S 1.50................. 0 -2.68 13,465 -5,968 7,497
D -1.20, S 1.50................. 11 -2.39 11,963 -5,324 6,639
D -1.20, S 1.50................. 24 -2.04 10,194 -4,558 5,636
----------------------------------------------------------------------------------------------------------------
As indicated, in addition to considering the effects of three
possible levels of displacement of fresh avocado imports from other
sources, we analyzed the sensitivity of the results to changes in the
projected quantity of fresh Hass avocados imported from Peru. We
calculated the price and welfare effects assuming the possibility that
avocado imports from Peru are 50 percent less or 50 percent greater
than the 19,000 metric tons projected by Peruvian exporters.
Fresh avocado imports from Peru of 19,000 metric tons (and zero
displacement of fresh avocado imports from other countries) would
increase U.S. annual imports by approximately 9 percent, given the 5-
year average of approximately 202,512 metric tons for the seasons 2002-
03 through 2006-07. Imports of Hass avocados from Peru that are 50
percent more than is projected would increase the import supply by as
much as 14 percent, whereas imports of Hass avocados from Peru that are
50 percent less than is projected by Peruvian exporters would increase
the import supply not quite 5 percent. The results of the sensitivity
analysis, as reported in table 6, assume that the annual quantity
imported is 50 percent less (9,500 metric tons) or 50 percent more
(28,500 metric tons) than the projected level of imports for the two
pairs of demand and supply elasticities, three displacement scenarios,
and applying a 3 percent rate of discount. The ranges for the changes
in price and for the welfare effects are calculated for each of the
three displacement levels. Again, the change in price is greatest when
there is zero displacement in the short run where supply is more
inelastic than the long run.
[[Page 659]]
Table 6--Sensitivity Analysis for Projected U.S. Imports of Fresh Hass Avocados From Peru
----------------------------------------------------------------------------------------------------------------
Percentage of
imports from Change in Change in
Demand and supply elasticities Peru that Price change consumer producer Net welfare
displace other (percent) welfare welfare change
imports
----------------------------------------------------------------------------------------------------------------
Million Dollars
----------------------------------------------------------------------------------------------------------------
D -1.20, S 0.15................. 0 -2.0 to -6.0 10.7 to 31.8 -4.7 to -14.1 5.7 to 17.8
D -1.20, S 0.15................. 11 -1.8 to -5.3 9.2 to 28.2 -4.2 to -12.5 5.0 to 15.7
D -1.20, S 0.15................. 24 -1.5 to -4.6 7.9 to 24.0 -3.6 to -10.7 4.3 to 13.3
D -1.20, S 1.50................. 0 -1.3 to -4.0 6.9 to 21.1 -3.1 to -9.2 3.8 to 11.9
D -1.20, S 1.50................. 11 -1.2 to -3.6 6.2 to 18.7 -2.8 to -8.2 3.4 to 10.6
D -1.20, S 1.50................. 24 -1.0 to -3.1 5.3 to 16.0 -2.4 to -7.0 2.9 to 8.9
----------------------------------------------------------------------------------------------------------------
Note: Net welfare gains may not sum due to rounding. Only the welfare effects when discounted at 3 percent are
presented, since the results are much the same when discount rates of 0 and 7 percent are used.
The price of fresh Hass avocados is calculated to decline by 6
percent if 28,500 metric tons of fresh Hass avocados were imported
annually from Peru, there was no displacement of imports from other
countries, and the demand and supply elasticities were -1.20 and 0.15;
assuming an import level of 9,500 metric tons, no displacement, and the
same elasticities yields a decrease in price of 2 percent.\6\ Without
displacement, prices were estimated to fall between 1.3 and 4 percent
as producers adjust to market changes.
---------------------------------------------------------------------------
\6\ The changes in welfare discussed in the remainder of this
section have been computed using a discount rate of 3 percent.
---------------------------------------------------------------------------
When we assume 24 percent displacement, given the same elasticities
of demand and supply, price is calculated to decline between 1.5
percent (imports 50 percent less than projected) and 4.6 percent
(imports 50 percent more than projected), with producer welfare losses
ranging from $3.6 million to $10.7 million, consumer welfare gains from
$7.9 million to $24 million, and net welfare gains from $4.3 million to
$13.3 million.
In the long run, as implied by a supply elasticity of 1.50 and a
demand elasticity of -1.20, the price is calculated to decline between
1 percent (imports 50 percent less than projected) and 3 percent
(imports 50 percent more than projected), assuming 24 percent
displacement of imports from other countries. Producer welfare losses
under this scenario range from $2.4 million to $7 million, with
consumer welfare gains ranging from $5.3 million to $16 million, for a
net welfare gain of between $2.9 million and $8.9 million.
Given the linearity of the BAS model, changes in welfare are
proportional to the assumed levels of imports from Peru. The largest
annual net welfare gains reported in the sensitivity analysis are $17.8
million, with producer welfare losses of $14.1 million and consumer
welfare gains of $31.9 million. These welfare impacts are based on
fresh avocado imports from Peru totaling 28,500 metric tons and the
unlikely possibility that none of these imports would displace fresh
avocado imports from other countries. More reasonably, some portion of
the imports from Peru would displace existing imports from foreign
sources, and price and welfare effects of the rule for U.S. entities
would be thereby moderated.
Benefit and Cost Conclusion
According to the Peru Avocado Growers Association, exporters expect
to ship approximately 19,000 metric tons of fresh Hass avocados per
year from Peru to the United States if the proposed rule is finalized.
The projected imports would be roughly 5 percent of U.S. fresh avocado
consumption and 11 percent of U.S. fresh avocado production. It is
likely that at least a portion of the projected imports from Peru would
displace imports from other foreign sources when fresh avocado supplies
are low and demand is high. If no displacement were to occur, projected
fresh avocado imports from Peru would represent an increase in fresh
avocado imports of 9 percent. The extent to which displacement occurs
is a critical factor affecting the size of potential impacts of the
proposed rule.
In the analysis of expected price and welfare impacts, we examined
effects of the projected level of fresh avocado imports from Peru if
none, 11 percent, or 24 percent of the imports were to displace fresh
avocado imports from other countries. We compared the price and welfare
effects for two sets of demand and supply elasticities and quantified
the welfare effects when not discounted as well as when they are
discounted at 3 and 7 percent. The higher the level of displacement of
imports from other countries, the smaller the price decline, and the
smaller the welfare losses for producers and welfare gains for
consumers.
In addition to considering the effects for three possible levels of
displacement of fresh avocado imports from other sources, we analyzed
the sensitivity of the results to different quantities of fresh Hass
avocados imported from Peru. We calculated the price and welfare
effects assuming the avocado imports to be 50 percent less or 50
percent greater than the 19,000 metric tons projected by Peru.
Given the linearity of the model used to assess welfare impacts,
this sensitivity analysis yielded changes in welfare that are
proportional to the assumed levels of imports. Reasonably, some portion
of the imports from Peru would displace existing imports, and price and
welfare effects of the rule for U.S. entities would be thereby
moderated. The results of the sensitivity analysis indicate that
consumers may be positively affected and U.S. producers may be
negatively affected by a decline in market prices ranging between 1
percent and 6 percent, depending on the price elasticities of demand
and supply and displacement ranging from 11 to 24 percent of fresh
avocado imports from Peru. Net welfare gains for these same levels of
displacement range from $2.9 million to $17.8 million, when discounted
3 percent. In all of the modeled scenarios, consumer gains resulting
from the proposed rule are found to exceed U.S. producer losses.
Nevertheless, producer prices are estimated to continue to decline in
the long run, which may continue to
[[Page 660]]
negatively impact producer revenues. As producer receipts decline, so
shall revenues for avocado handlers.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act requires that agencies consider the
economic impact of rule changes on small businesses, organizations, and
governmental jurisdictions. Section 603 of the Act requires agencies to
prepare and make available for public comment an initial regulatory
flexibility analysis (IRFA) describing the expected impact of proposed
rules on small entities. Sections 603(b) and 603(c) of the Act specify
the content of an IRFA. In this section, we address these IRFA
requirements for this proposed rule.
Reasons for Action
The national plant protection organization (NPPO) of Peru has
requested that APHIS allow the importation of fresh Hass avocados into
the United States for domestic consumption. The current fruits and
vegetables regulations (7 CFR 319.56-1 through 319.56-48) do not
authorize the importation of fresh Hass avocados from Peru. In response
to this request, APHIS is proposing to allow the importation of
commercial shipments of fresh Hass avocados from Peru under a systems
approach to address the risks presented by various pests. The systems
approach is described earlier in this document.
The proposed rule is consistent with World Trade Organization
agreements that sanitary and phytosanitary regulatory restrictions
should be based on scientific evidence and applied only to the extent
necessary to protect human, animal, and plant health.
Objectives and Legal Basis for Rule
The objective of the proposed rule is to amend the regulations
under ``Subpart--Fruits and Vegetables'' to allow the importation of
commercial consignments of fresh Hass avocados from Peru under a
combination of mitigation measures to address the risk of pest
introduction.
The regulations in ``Subpart--Fruits and Vegetables'' (Sec. Sec.
319.56-1 through 319.56-48) govern the importation of fruits and
vegetables into the United States. Approved phytosanitary treatments
are listed in Sec. 305.2. The Plant Protection Act (7 U.S.C. 7701 et
seq., June 20, 2000) is the statutory basis for 7 CFR parts 305 and
319. It authorizes the Secretary of Agriculture to implement programs
and policies designed to prevent the introduction and spread of plant
pests and diseases.
Description and Estimated Number of Small Entities Regulated
The proposed rule may directly affect U.S. domestic producers of
Hass avocados, as well as firms responsible for packing and shipping
these commodities for domestic and foreign markets. We find that a
substantial number of these businesses are small entities, according to
Small Business Administration (SBA) guidelines and based on 2002 Census
of Agriculture data. SBA classifies producers within the category Other
Non-Citrus Fruit Farming (NAICS 111339) having annual sales of not more
than $750,000 as small entities. Nearly all U.S. production of Hass
avocados takes place in California, where Hass is the dominant variety
grown. According to the 2002 Census of Agriculture Summary and State
Data report, there were a total of 6,251 avocado farms in the United
States in 2002, with California farms representing approximately 85
percent (or 4,801 farms) of this total.\7\ Of the remaining farms, 839
are located in Florida, 601 are located in Hawaii, and 10 are located
in Texas.
---------------------------------------------------------------------------
\7\ National Agricultural Statistics Service (NASS), United
States Department of Agriculture (USDA), ``United States: Summary
and State Data, Volume 1,'' 2002 Census of Agriculture, issued June
2004.
---------------------------------------------------------------------------
APHIS does not have information on the size distribution of the
total U.S. avocado producers, but according to 2002 Census of
Agriculture, there were a total of 95,680 Fruit and Tree Nut farms
(NAICS 1113) in the United States in 2002.\8\ Of this number, nearly 99
percent had annual sales in 2002 of less than $500,000, which is well
below the SBA's small-entity threshold of $750,000.\9\ While cash
receipts by size for avocado farms were not reported in the 2002 Census
of Agriculture, it is reasonable to assume that most of the 6,251
domestic avocado farms currently in operation qualify as small
entities.
---------------------------------------------------------------------------
\8\ This number includes farms producing fruit and tree nut
varieties and those specifically producing avocados.
\9\ Source: SBA and 2002 Census of Agriculture.
---------------------------------------------------------------------------
Avocado packing and shipping establishments, those engaged in
postharvest crop activities (NAICS 115114), are also expected to be
small according to SBA guidelines. The small-entity standard for
packinghouses is $6.5 million or less in annual receipts. In 2004, the
California Avocado Commission reported that 51 companies were active
handlers of California avocados at the end of October 2003. Of this
number, 18 companies had first sales of avocados of under $10,000; 8
companies had avocado sales of between $10,000 and $49,999; 5 companies
had sales from $50,000 to $99,999; 5 companies had sales from $100,000
to $499,999; 2 companies had sales from $500,000 to $999,999; 2
companies had sales from $1 million to $4,999,999; 1 company had sales
from $5 million to $9,999,999; 2 companies had sales from $10 million
to $19,999,999; 6 companies had sales from $20 million to $49,999,999;
and 2 companies sold over $50 million worth of California avocados.
This information indicates that 40 of the 51 firms are small entities.
We conclude that the majority of the handlers that would be affected by
the rule are small entities.
We conclude that, while small producing entities will be affected
by the proposed rule, the overall net changes in welfare of allowing
the importation of fresh Hass avocados from Peru under the specified
systems approach are likely to be positive.
Description and Estimate of Compliance Requirements
The proposed rule would include recordkeeping requirements, as
described under the Paperwork Reduction Act section of this proposed
rulemaking.
Duplication, Overlap, and Conflict With Existing Rules and Regulations
APHIS has not identified any duplication, overlap, or conflict of
the proposed rule with other Federal rules.
Regulatory Alternatives to the Proposed Rule
The NPPO of Peru requested that APHIS amend the regulations to
allow the importation of avocados into the United States from Peru. As
part of the request, Peru included for APHIS' evaluation an export
protocol to address the pest risk of those pests that Peru considered
as quarantine pests for the United States and that could follow the
pathway on avocados imported into the United States. The protocol
provided by Peru consisted of the production and packing requirements
that are already in place for avocados exported from Peru to the
European Union. In response to the request and as indicated above,
APHIS prepared a PRA to evaluate the risks associated with the
importation of Hass avocados from Peru. The PRA identified six pests of
quarantine significance present in Peru that could be introduced into
the United States through the importation of Hass avocados:
Anastrepha fraterculus (Wiedemann), the South American
fruit fly;
Anastrepha striata Schiner, the guava fruit fly;
[[Page 661]]
Ceratitis capitata (Wiedemann), the Mediterranean fruit
fly (Medfly);
Coccus viridis (Green), the green scale;
Ferrisia malvastra (McDaniel), a mealybug; and
Stenoma catenifer Walsingham, the avocado seed moth.
During review of the export protocol provided by Peru, APHIS found
that several pests identified in the PRA were not addressed by the
measures included in the Peru NPPO protocol. As a result, APHIS
determined that the export protocol provided by Peru would not be
sufficient to address the risks associated with the importation of Hass
avocados into the United States. Therefore, APHIS developed and is
proposing an alternative systems approach to prevent the introduction
of these quarantine pests into the United States.
There were several alternatives that APHIS considered other than
the systems approach. For instance, APHIS considered only the protocol
proposed by Peru. However, that protocol would not have mitigated the
pest risk presented by all of the quarantine pests APHIS identified in
the PRA. The systems approach that APHIS developed and is proposing
includes practical and effective measures to mitigate the risk of the
introduction of the quarantine pests identified in the PRA into the
United States, and is the only acceptable alternative for the
importation of Hass avocados from Peru.
Executive Order 12988
This proposed rule would allow Hass avocados to be imported into
the continental United States from Peru. If this proposed rule is
adopted, State and local laws and regulations regarding avocados
imported under this rule would be preempted while the fruit is in
foreign commerce. Fresh avocados are generally imported for immediate
distribution and sale to the consuming public and would remain in
foreign commerce until sold to the ultimate consumer. The question of
when foreign commerce ceases in other cases must be addressed on a
case-by-case basis. If this proposed rule is adopted, no retroactive
effect will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court
challenging this rule.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
importation of Hass avocados from Peru, we have prepared an
environmental assessment. The environmental assessment was prepared in
accordance with: (1) The National Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room. (A link to Regulations.gov and
information on the location and hours of the reading room are provided
under the heading ADDRESSES at the beginning of this proposed rule.) In
addition, copies may be obtained by calling or writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2008-0126. Please send a copy of your comments to: (1) Docket No.
APHIS-2008-0126, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
We are proposing to amend the fruits and vegetables regulations to
allow the importation of Hass avocados from Peru into the continental
United States. As a condition of entry, Hass avocados from Peru would
have to be produced in accordance with a systems approach that would
include requirements for importation in commercial consignments;
registration and monitoring of places of production and packinghouses;
grove sanitation; pest-free areas or trapping for fruit flies; surveys
for the avocado seed moth; and inspection for quarantine pests by the
national plant protection organization of Peru. Implementation of this
proposed rule would require the submission of documents such as
phytosanitary certificates, trust fund agreements, workplans, records
for recordkeeping, and registration and inspection forms.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.6103 hours per response.
Respondents: Importers of Hass avocados and foreign officials.
Estimated annual number of respondents: 2.
Estimated annual number of responses per respondent: 252.
Estimated annual number of responses: 503.
Estimated total annual burden on respondents: 307 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
[[Page 662]]
Lists of Subjects
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR parts 305 and 319 as
follows:
PART 305--PHYTOSANITARY TREATMENTS
1. The authority citation for part 305 continues to read as
follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 305.2, the table in paragraph (h)(2)(i) is amended by
adding in alphabetical order, under Peru, a new entry for avocado to
read as follows:
Sec. 305.2 Approved treatments.
* * * * *
(h) * * *
(2) * * *
(i) * * *
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Peru
* * * * * * *
Avocado................ Ceratitis capitata..... MB T101-c-1, MB&CT T108-
a-1, MB&CT T108-a-2,
MB&CT T108-a-3, CT
T107-a.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 319--FOREIGN QUARANTINE NOTICES
3. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
4. A new Sec. 319.56-49 is added to read as follows:
Sec. 319.56-49 Hass avocados from Peru.
Fresh Hass variety avocados (Persea americana P. Mill.) may be
imported into the continental United States from Peru only under the
conditions described in this section. These conditions are designed to
prevent the introduction of the following quarantine pests: Anastrepha
fraterculus (Wiedemann), the South American fruit fly; Anastrepha
striata Schiner, the guava fruit fly; Ceratitis capitata (Wiedemann),
the Mediterranean fruit fly; Coccus viridis (Green), the green scale;
Ferrisia malvastra (McDaniel), a mealybug; and Stenoma catenifer
Walsingham, the avocado seed moth.
(a) General requirements. (1) The national plant protection
organization (NPPO) of Peru must provide a workplan to APHIS that
details the activities that the NPPO of Peru will, subject to APHIS'
approval of the workplan, carry out to meet the requirements of this
section. The NPPO of Peru must also establish a trust fund in
accordance with Sec. 319.56-6.
(2) The avocados must be grown at places of production that are
registered with the NPPO of Peru and that meet the requirements of this
section.
(3) The avocados must be packed for export to the United States in
packinghouses that are registered with the NPPO of Peru and that meet
the requirements of this section.
(4) Avocados from Peru may be imported in commercial consignments
only.
(b) Monitoring and oversight. (1) The NPPO of Peru must visit and
inspect registered places of production monthly, starting at least 2
months before harvest and continuing until the end of the shipping
season, to verify that the growers are complying with the requirements
of paragraphs (c) and (f) of this section and follow pest control
guidelines, when necessary, to reduce quarantine pest populations. If
trapping is conducted under paragraphs (d)(2) or (e)(2) of this
section, the NPPO of Peru must also verify that the growers are
complying with the requirements in those paragraphs and must certify
that each place of production has effective fruit fly trapping
programs. Any personnel conducting trapping and pest surveys under
paragraphs (d), (e), and (f) of this section must be trained and
supervised by the NPPO of Peru. APHIS may monitor the places of
production if necessary.
(2) In addition to conducting fruit inspections at the
packinghouses, the NPPO of Peru must monitor packinghouse operations to
verify that the packinghouses are complying with the requirements of
paragraph (h) of this section.
(3) If the NPPO of Peru finds that a place of production or
packinghouse is not complying with the requirements of this section, no
fruit from the place of production or packinghouse will be eligible for
export to the United States until APHIS and the NPPO of Peru conduct an
investigation and appropriate remedial actions have been implemented.
(4) The NPPO of Peru must retain all forms and documents related to
export program activities in groves and packinghouses for at least 1
year and, as requested, provide them to APHIS for review.
(c) Grove sanitation. Avocado fruit that has fallen from the trees
must be removed from each place of production at least once every 7
days, starting 2 months before harvest and continuing to the end of
harvest. Fallen avocado fruit may not be included in field containers
of fruit brought to the packinghouse to be packed for export.
(d) Mitigation measures for A. fraterculus and A. striata. Places
of production must meet one of the following requirements for A.
fraterculus and A. striata:
(1) Pest-free area. The avocados must be produced in a place of
production located in an area that is designated as free of A.
fraterculus and A. striata in accordance with Sec. 319.56-5.
(2) Place of production with low pest prevalence. (i) Beginning at
least 1 year before harvest begins and continuing through the end of
the harvest, trapping
[[Page 663]]
must be conducted in registered places of production with at least 1
trap per 0.2 square kilometers (km\2\) to demonstrate that the places
of production have a low prevalence of A. fraterculus and A. striata.
APHIS-approved traps baited with APHIS-approved plugs must be used and
serviced at least once every 2 weeks.
(ii) During the trapping, when traps are serviced, if A.
fraterculus and A. striata are trapped at a particular place of
production at cumulative levels above 0.7 flies per trap per day,
pesticide bait treatments must be applied in the affected place of
production in order for the place of production to remain eligible to
export avocados to the United States. The NPPO of Peru must keep
records of fruit fly detections for each trap, update the records each
time the traps are checked, and make the records available to APHIS
inspectors upon request.
(e) Mitigation measures for C. capitata. Places of production must
meet one of the following requirements for C. capitata:
(1) Pest-free area. The avocados must be produced in a place of
production located in an area that is designated as free of C. capitata
in accordance with Sec. 319.56-5.
(2) Pest-free place of production. (i) Beginning at least 1 year
before harvest begins and continuing through the end of the harvest,
trapping must be conducted in registered places of production to
demonstrate that the places of production are free of C. capitata.
There must be at least 2 traps per km\2\ in commercial production
areas. APHIS-approved traps baited with APHIS-approved plugs must be
used and serviced at least once every 2 weeks.
(ii) During the trapping, when traps are serviced, if any C.
capitata are found, 10 additional traps must be deployed in a 0.5-km\2\
area immediately surrounding all traps where C. capitata was found to
determine whether a reproducing population is established. If any
additional C. capitata are found within 30 days of the first detection,
the affected place of production will be ineligible to export avocados
without treatment for C. capitata until the source of the infestation
is identified and the infestation is eradicated. APHIS must concur with
the determination that the infestation has been eradicated. The NPPO of
Peru must keep records of fruit fly detections for each trap, update
the records each time the traps are checked, and make the records
available to APHIS inspectors upon request.
(3) Treatment. If the avocados do not meet the conditions of
paragraphs (e)(1) or (e)(2) of this section, or if a reproducing
population of C. capitata is detected at a place of production and the
infestation has not yet been eradicated, avocados from that place of
production may only be exported to the United States if they are
treated in accordance with part 305 of this chapter.
(f) Surveys for S. catenifer. (1) Peruvian departamentos in which
avocados are grown for export to the United States must be surveyed by
the NPPO of Peru at least once annually, no more than 2 months before
harvest begins, and found to be free from infestation by S. catenifer.
APHIS must approve the survey protocol used to determine and maintain
pest-free status and the actions to be performed if S. catenifer is
detected. Surveys must include representative areas from all parts of
each registered place of production in each departamento. The NPPO of
Peru must cut and inspect a biometric sample of fruit at a rate
determined by APHIS. Fruit sampled must be either from the upper half
of the tree or from the ground. Sampled fruit must be cut and examined
for the presence of eggs and larvae of S. catenifer in the pulp or seed
and for the presence of eggs in the pedicel.
(2) If one or more S. catenifer is detected in the annual survey,
the affected place of production will be immediately suspended from the
export program until appropriate measures to reestablish pest freedom,
agreed upon by the NPPO of Peru and APHIS, have been taken. The NPPO of
Peru must keep records of S. catenifer detections for each orchard,
update the records each time the orchards are surveyed, and make the
records available to APHIS inspectors upon request. The records must be
maintained for at least 1 year after the beginning of the harvest.
(g) Harvesting requirements. Harvested avocados must be placed in
field cartons or containers that are marked with the official
registration number of the place of production. The place of production
where the avocados were grown must remain identifiable when the fruit
leaves the grove, at the packinghouse, and throughout the export
process. The fruit must be moved to a registered packinghouse within 3
hours of harvest or must be protected from fruit fly infestation until
moved. The fruit must be safeguarded by an insect-proof screen or
plastic tarpaulin while in transit to the packinghouse and while
awaiting packing.
(h) Packinghouse requirements. (1) During the time registered
packinghouses are in use for packing avocados for export to the United
States, the packinghouses may only accept avocados that are from
registered places of production and that are produced in accordance
with the requirements of this section.
(2) Avocados must be packed within 24 hours of harvest in an
insect-exclusionary packinghouse. All openings to the outside of the
packinghouse must be covered by screening with openings of not more
than 1.6 mm or by some other barrier that prevents pests from entering.
The packinghouse must have double doors at the entrance to the facility
and at the interior entrance to the area where the avocados are packed.
(3) Before packing, all avocados must be cleaned of all plant
debris.
(4) Fruit must be packed in insect-proof packaging, or covered with
insect-proof mesh or a plastic tarpaulin, for transport to the United
States. These safeguards must remain intact until arrival in the United
States.
(5) Shipping documents accompanying consignments of avocados from
Peru that are exported to the United States must include the official
registration number of the place of production at which the avocados
were grown and must identify the packing shed or sheds in which the
fruit was processed and packed. This identification must be maintained
until the fruit is released for entry into the United States.
(i) NPPO of Peru inspection. Following any post-harvest processing,
inspectors from the NPPO of Peru must inspect a biometric sample of
fruit from each place of production at a rate to be determined by
APHIS. The inspectors must visually inspect for the quarantine pests
listed in the introductory text of this section and must cut fruit to
inspect for S. catenifer. Unless the avocados were produced in a pest-
free area as described in paragraph (d)(1) of this section, the
inspectors must cut fruit to inspect for A. fraterculus and A. striata.
Unless the avocados were produced in a pest-free area as described in
paragraph (e)(1) of this section, the inspectors must cut fruit to
inspect for C. capitata. If any quarantine pests are detected in this
inspection, the place of production where the infested avocados were
grown will immediately be suspended from the export program until an
investigation has been conducted by APHIS and the NPPO of Peru and
appropriate mitigations have been implemented. If C. capitata is
detected, avocados from the place of production where the infested
avocados were produced may be imported into the United States only if
treated with an approved treatment for C. capitata in
[[Page 664]]
accordance with part 305 of this chapter.
(j) Phytosanitary certificate. Each consignment of Hass avocados
imported from Peru into the United States must be accompanied by a
phytosanitary certificate issued by the NPPO of Peru with an additional
declaration stating that the avocados in the consignment were grown,
packed, and inspected and found to be free of pests in accordance with
the requirements of 7 CFR 319.56-48. In addition:
(1) If the avocados were produced in an area free of A. fraterculus
and A. striata, the phytosanitary certificate must state that the
avocados in this consignment were produced in an area designated as
free of A. fraterculus and A. striata in accordance with 7 CFR 319.56-
5.
(2) If the avocados were produced in an area free of C. capitata,
the phytosanitary certificate must state that the avocados in this
consignment were produced in an area designated as free of C. capitata
in accordance with 7 CFR 319.56-5.
(3) If the avocados have been treated for C. capitata prior to
export, the phytosanitary certificate must state that the avocados in
the consignment have been treated for C. capitata in accordance with 7
CFR part 305.
Done in Washington, DC, this 31st day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-31474 Filed 1-6-09; 8:45 am]
BILLING CODE 3410-34-P