1. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Revision of Quarantine 37 Polly P. Lehtonen & Arnold T. Tschanz Senior Import Specialists Commodity Imports Analysis & Operations Permits, Registrations, Imports & Manuals USDA-APHIS-Plant Heath Programs January 17, 2008 January 17, 2008

2. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Plants for Planting Code of Federal Regulations (CFR), 7 CFR Part 319.37 (Q-37) The principal regulation governing the import of plants for planting Other related regulations also covered in the revision (all 7 CFR) 319.15 Sugarcane 319.19 Citrus & related genera 319.24 &.41 Corn & related genera 319.55 Rice 319.59 Wheat 319.8 Cotton

3. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Why Does Importation of Plants for Planting Present Significant Risks Difficult to determine origin Difficult to inspect at ports of entry Many pests borne internally ( e.g., diseases, small invertebrates) Introduced pests relatively likely to become established Production facilities moving off shore to remain competitive examples: geranium, tropical foliage, poinsettia Inadequate information on pests that may have quarantine significance

4. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Basic Premise of Current Q-37 Majority of plant taxa are enterable with a port of entry inspection and phytosanitary certificate Some plants for planting are further restricted by additional requirements Pest risk analysis required only for certain types of importations

5. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Evolution of Q-37: Original Intent vs Current Practice Early YearsNow Trading Partners EuropeWorldwide # of Items Allowed Import Limited (< 100 items) germplasm of clonal material only Unlimited Fumigation Mandatory on all Imported Stock Only When Quarantine Pest Found Likely Purpose of Importation Nursery propagation program “starter” material Slow distribution Direct field/homeowner planting Immediate distribution

6. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Comparison of Import Requirements Q-56 (consumption items) & Q-37 Q-56 Q-37 Enterability Only specific taxa/country combinations, published All taxa except specifically prohibited Risk assessment & mitigation Required before each new importation Only for Plants In Growing Media (PIGM) Pre-export mitigations Systems approaches, fumigations Only for PIGM and fruit trees from 5 countries Monitoring and audit of pre-export mitigations UsualSeldom Port of Entry Inspection CBPPPQ

7. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine What’s Happened so far with Q37? ANPR published 12/2004 Public Meeting of May, 2005 “Not Authorized for importation Pending Pest Risk Analysis” E-Discussion on Invasiveness Yearly Summits Rulemaking initiated

8. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Continually Updating Q37 Final rule for 4 th published in 2007 -effective Sept. 5 Proposed rule for 5th (2008) periodic at RAD Now collecting changes for 6 th (2009) periodic

9. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Rulemaking – 1 st Proposed Rule – NAPPRA Creates the category – Not Authorized Pending Pest Risk Analysis –Existing categories, Prohibited, Restricted, enterable Performance standards –Pest plants –Hosts of plant pests Establishes scope of regulation –nonvascular plants added Status: OGC Review

10. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Rulemaking – 2 nd Proposed Rule – RSAP Plus Reorganizes Q37 Consolidates misc. 319 Q’s into Q37 Establishes performance standards for RSAP –Regulatory Systems Approach Protocol Notifies the public of our intent to modify and adapt the risk management programs in Q37 to meet the standards of the rule –Performance based rule Status: Moved from PARC to RAD 12/20/07

11. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Rulemaking – 3 rd Proposed Rule – CIP Controlled Import Permit Renames “departmental permit” Establishes risk categories & corresponding permit conditions Promotes transparency and consistency Status: RAD review

12. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine NAPPRA Components Pest Plants –List of species –Includes all plant parts from all origins Host Plants –List of genus and plant pest –May include country origin and plant part

13. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine NAPPRA Criteria for Pest Plants (Performance Standard) Plant identification Meets PPA definition of noxious weed & IPPC definition of a quarantine pest –Includes evidence of harm

14. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine NAPPRA Criteria for Host Plants (Performance Standard) Pest identification established Pest meets PPA & IPPC definition of quarantine pest –Includes evidence of harm Determine plant host range of pest Can pest follow pathway Determine host import history

15. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Sources of Information for NAPPRA Government reports National and international alert systems Peer-reviewed, scientific journal articles Published international weed references. International databases, such as the Crop Protection Compendium. Scientific screening systems and predictive models such as the Weed Science Society of America’s prioritization model to identify weeds of global significance that pose a threat to the United States. All available pest risk assessments

16. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Addressing the Risk: Implementation of NAPPRA in Two Stages 1 st Federal Register Notice Pest Plant – Plants not yet present in the area endangered thereby About 185 pest plants (species) –Host of Plant Pest – Hosts of quarantine pests with little or no history of importation About 25 host plants Published with Final Rule

17. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Addressing the Risk: Implementation of NAPPRA – Stage 2 Future Federal Register Notices –Plants that meet the above stage 1 criteria Plants with import history –Pest plant – Taxon present and under or being considered for official control –Hosts of quarantine plant pest - Interception record Consultation with exporting country Non-exporting countries – NAPPRA

18. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Other Strategies to reduce risk Risk prioritization processes –OPIS –APS pest list –WSSA weed list –ITAP – PP –PPRG (Plants for Planting Review Group) –Other lists Regulatory Systems Approach Protocol (RSAP)

19. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Plants for Planting Review Group (PPRG) Analyze existing interception data to 1.Identify high risk imports for risk reduction - Pest interception history vs plant imports 2.Identify low risk imports for alternate inspection protocol (“imports” = commodity/origin combinations)

20. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine First-cut risk ranking process for propagative plant imports Total number of plants in shipments with actionable pests Percentage of plants in shipments with an actionable pest Variety of pests which follow the pathway (“cleanliness” of the pathway); Severity of the pests following the pathway (comparing pest interceptions in PestID with OPIS A pest list).

21. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine What is a Regulatory Systems Approach Protocol (RSAP) ? Implementation of NAPPO standard, RSPM no. 24, “Integrated Pest Risk Management Measures for the Importation of Plants for Planting into NAPPO Member countries RSAPs are similar to clean stock programs Specifically RSAPs are based on: –PRA – Quarantine pest(s) –Need for a systems approach to control a quarantine pest

22. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine RSAPs Include Production Practices Quality Control NPPOs’ responsibilities

23. United States Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Plants for Planting Website http://www.aphis.usda.gov/import_export/plants/p lant_imports/Q37_revision.shtml White paper Meeting reports Federal Register notices Federal Import Quarantine Orders