What does Andy think of this?
Seems to me it would squeeze large corporations, and crush small business and
non-commercial traders.
I would be interested in ya'lls responses, as this would affect so many of us.
Steve
-----Original Message-----
From: "Jean De Witte"<[EMAIL PROTECTED]>
Sent: 12/24/04 3:24:37 AM
To: "[email protected]"<[email protected]>
Subject: [OGD] bureaucracy
Hi everybody,
Just something I picked up on another list. Might be of interest.
Season's Greetings, Holiday Greetings, Christmas Greetings etc to all.
Jean
WHITE LIST PHASE-IN
Dear All,
This is just a reminder that the final date for public comment on the new
"Requirements for Requests To Amend Import Regulations" Docket No. 02-132-1
is December 27th.
Please pass this along to other mailing lists.
The "amending" of regulations refers to requests to add a plant to the list
of commodities that are allowed entry into the US.
This is the next stage in the implementation of the white list ("risk
assessment") - if you enjoyed the recent phytosanitary certificate
requirement, this should be of interest. The new regulations are intended to
apply to "commodities", but will apply to nursery stock as well. Application
to seeds should be phased in during the next five years.
Go to:
http://www.pestlaw.com/x/fedreg/2004/USDA-20041028A.html
for text of the regulation.
Go to:
https://web01.aphis.usda.gov/regpublic.nsf/0/1e1016291df0b29f87256f41006acac
1?OpenDocument
to read comments from a nurserywoman on this.
Got to:
http://comments.regulations.gov/EXTERNAL/Comments.cfm?DocketID=04-24150&CFID
=56963&CFTOKEN=98463295
for how to comment.
If these links don't work, just do a search on "Docket No. 02-132-1" and you
will find it all.
You have to plow through a lot of bureaucratese to get to the most alarming
parts - these are just PART of what they will require from importers:
"Description of all pests and diseases associated with the commodity
proposed for exportation to the United States:
Scientific name (including genus, species, and author names) and taxonomic
classification of arthropods, fungi, bacteria, nematodes, virus, viroids,
mollusks, phytoplasmas, spiroplasmas, etc., attacking the crop,
Plant part attacked by each pest, pest life stages associated with each
plant part attacked, and location of pest (in, on, or with commodity), and
References."
And further down:
"We are requesting public comment as to whether some or all of this
additional information should be required to be submitted with the
information described above, whether some or all of the information should
be considered 'optional,' or whether APHIS should require submission of some
or all of the information only if we deem it necessary during the course of
our consideration of a request."
There has been some talk about making the above "optional" for nursery
stock, but we would do well to remember how the phytosanitary certificate
was "optional" for flowerseed... until the recent outbreak of BSE
(bureaucratic spongiform encephalitis), or "mad bureaucrat disease" struck
the USDA.
(Hey, its just a joke! I have good friends in the USDA. Lighten up!)
Although this proposed rule change is said to apply "only" to fresh fruits
and vegetables, logs, and other "commodities", it DOES apply to "Nursery
Stock (planted in media)", and to "Cut flowers". This will not yet affect
seed imports, but will affect importation of other plant parts. This could
easily be interpreted as applying to all plant parts, as seed is included in
other USDA definitions of nursery stock, and unrooted cuttings could be
considered "cut flowers", and roots, leaves, and other plant parts are
specified in the regulations, and various purposes including propagation are
included.
Also, it should be noted that this is just the first part of the phase-in of
this so-called "risk assessment". See:
"Safeguarding recommendation E-49 recommends that APHIS "Coordinate noxious
weed and invasive species initiatives with review of 7 CFR 319.37 and
330.200 based on rigorous risk assessment". This recommendation was assigned
to the Authorities Safeguarding Issue Group, and it is being addressed in a
combined action plan for recommendation E-4 which states "Begin its
quarantine revision process with the revision of its Fruits and Vegetables
(Q56) and Nursery Stock (Q37) quarantines. Target completion within 5
years". This action plan has already been submitted to the Steering
Committee."
This was four years ago.
Anyone who doesn't take this seriously, should consider that regulations
currently proposed in South Africa are specifically intended to curtail the
import of ALL new species - only those species that can be demonstrated to
be potential high-value new crops would be allowed - everything else is
considered a "frivolous importation". Gardening would certainly be
considered "frivolous".
With globalization there is a strong move towards international consistency
in law - the Codex Alimentarius is one example, and European Union food laws
another (these are currently destroying local, artisanal foods production in
European villages).
Yes, Virginia, it CAN happen here.
Now, most of all this will not affect us - yet. I suspect that most of the
information required will be waived for small shipments of nursery stock -
to start with. There will be no sudden, sweeping implementation, but a
gradual phase-in - the frog in the pan of heating water syndrome.
But until there is an explicit recognition on the part of the USDA of the
conservation value of the easy importation of small quantities of
propagative material of a wide variety of plants, until there is an explicit
exclusion of seeds and small shipments of plants, cuttings, or roots, I feel
we should oppose such regulation.
(I know, someone is sure to bring up SOD - remember that there is lots of
somewhat dubious information floating around about it, and quite a bit of
fuzzy thinking going on. Give it a good think-through before you raise the
subject.)
But wait, that's not all you get, there's more!
"Additional information about the commodity:
Common name(s) in English and in the language(s) of the exporting country,
Cultivar, variety, or group description of the commodity, Stage of maturity
at which crop is harvested and method of harvest, Indication of whether crop
is grown from certified seed or nursery stock, if applicable, If grown from
certified seed or stock, indication of the origin of the stock or seed
(country, State), and Color photographs of plant, plant part, or plant
product itself.
Information about the area where the commodity is grown:
Unique characteristics of the production area in terms of pests or diseases,
Maps of the production regions, pest free areas, etc.,
Length of time commodity has been grown in production area,
Status of growth of production area (i.e., acreage expanding or stable), and
Physical and climatological description of the growing area.
Information about post-harvest transit and processing:
Complete description of the post-harvest processing methods used, and
Description of the movement of the commodity from field to processing to
exporting port (e.g., method of conveyance, shipping containers, transit
routes, especially through different pest risk areas).
Shipping methods and volume of exports:
Photographs of the boxes and containers used to transport the commodity, and
Identification of port(s) of export and import and expected months (seasons)
of shipment, including intermediate ports-of-call and time at intermediate
ports-of-call, if applicable.
Additional description of all pests and diseases associated with the
commodity to be imported:
Common name(s) of the pest in English or local language(s),
Geographic distribution of the pest in the country, if a quarantine pest and
follows the pathway,
Period of attack (e.g., attacks young fruit beginning immediately after
blooming) and records of pest incidence (e.g., percentage of infested plants
or infested fruit) over time (e.g., during the different phenological stages
of the crops and/or times of the year),
Economic losses associated with pests of concern in the country, Pest
biology or disease etiology or epidemiology, and Photocopies of literature
cited in support of the information above.
Current strategies for risk mitigation or management:
Description of pre-harvest pest management practices (including target
pests, treatments [e.g., pesticides], or other control methods) as well as
evidence of efficacy of pest management treatments and other control
methods,
Efficacy of post-harvest processing treatments in pest control,
Culling percentage and efficacy of culling in removing pests from the
commodity, and
Description of quality assurance activities, efficacy and efficiency of
monitoring implementation.
Existing documentation:
Relevant pest risk analyses, environmental assessment(s), biological
assessment(s), and economic information and analyses."
NOW how much would you pay?!!
Hmmm... "Photographs of the boxes and containers used to transport the
commodity" What could be more fun?
Their estimate of how much time it would take to assemble and report this
information:
"Estimate of burden: Public reporting burden for this collection of
information is estimated to average 2 hours per response. Respondents: U.S.
importers, foreign producers and regulatory officials."
Just what ARE they smoking down there at the USDA?
Now lots of the above regulation might actually make some sense - if applied
to shiploads of raw sawlogs, or thousand-ton imports of agricultural
commodities. But certainly not to any imports of less than a couple of
hundred tons, or under a million dollars in value, much less small imports
of nursery stock. These should be inspected by the USDA on arrival (at no
charge - isn't that what we pay taxes for?).
Happy holidays!
End of encapsulated message
--
Jean De Witte
www.jeandewitte.de
_______________________________________________
the OrchidGuide Digest (OGD)
[email protected]
http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
_______________________________________________
the OrchidGuide Digest (OGD)
[email protected]
http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
