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Revision of Q37

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For prohibited articles. Original intention... research, by USDA ... Proposed rule for Christmas/Easter Cactus. Interim rule for P. ramorum, kernovii, alni ... – PowerPoint PPT presentation

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Title: Revision of Q37


1
Revision of Q-37
  • Alan Green
  • PPQ Plant Health Programs

2
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
  • Code of Federal Regulations (CFR), 7 CFR Part
    319.37 (Q-37)
  • The principal regulation governing the import of
    plants for planting

3
Advance Notice of Proposed Rulemaking (ANPR)
  • Published Dec 10, 2004
  • Nursery Stock Regulations, Docket No. 03-069-1

4
Highlights of the 2004 ANPR
  • Consolidate regulations
  • Establish a new import entry category
  • Improve data collection to determine taxa
    imported, origin, and volume
  • Clean Stock program
  • Reevaluate taxa currently prohibited

5
NAPPO Standard
  • Signed October 2005
  • General Plan for foreign companies, importing
    NPPO, Exporting NPPO
  • Based on maintaining clean stock, keeping
    records, traceability, and auditing

6
Not Authorized Pending PRA
  • Rule making initiated
  • Gives USDA ability to exclude taxa based on --
  • Taxa that have not already entered the US
  • Taxa where reasonable indication of pathway for
    invasive pest or is invasive pest

7
Not Authorized Pending PRA
  • Criteria for listing
  • science-based but less stringent than PRA

8
Clean Stock Program
  • Elements of an Accredited/Certified Clean Stock
    Program
  • Clean stock produced by foreign exporters
  • Incentive for grower participation
  • NPPO set standard, provide review, approval and
    oversight

9
Clean Stock Program
  • Grower pest management program (e.g., best
    practices, ISO)
  • including pest free propagation material
  • Penalties and remedial action for non-compliance
  • US review and approval
  • NPPO and US monitor and audit production and
    shipments

10
Clean Stock Program
  • What s eventually included
  • What has historically been imported with moderate
    or high pest interception rates
  • What has not recently been commercially imported
  • What s not included
  • Historically imported and low interception
    ratesInspect and Release
  • What is prohibited

11
Clean Stock Program
  • What needs to happen
  • Describe risk mitigations of clean stock program
  • PRA for clean stock mitigation measures
  • Rule-making
  • Development of auditing system
  • This may require accreditation rule-making
  • Phased-in implementation
  • When Possibly over 5-7 years

12
Data Collection to Determine taxa imported,
volume, and risk
  • No one source for data
  • Ongoing analysis
  • Support regulation change, grandfathering taxa

13
Departmental Permits
  • For prohibited articles
  • Original intention research, by USDA
  • Current usage various, insufficient oversight
  • Strategy for improvement
  • Phase 1 (now) More appropriate conditions, and
    more involvement of State Officials
  • Phase 2 Modify name to Prohibited article for
    Research, expand beyond USDA
  • Proposed Rule (draft) to modify existing
    regulations
  • Phase 3 Create new classes of permits (intended
    use)
  • Example, commercial development

14
Revised Q-37
  • Based on risk assessment and/or past history,
    taxa will be
  • IR (few taxa)
  • Clean Stock (most taxa)
  • Under specific permit conditions
  • prohibited

15
Timeframe-2006
16
Timeframe-2006
  • Other Action Items for 2006
  • Final rule for small lots of seed
  • Proposed rule for Christmas/Easter Cactus
  • Interim rule for P. ramorum, kernovii, alni
  • Establish linkages between APHIS databases
    (264,280,EAN)
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