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)