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Importation of Baby Corn and Baby Carrots From Zambia
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Rules and Regulations]
[Page 29766-29769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-3]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 05-059-2]
Importation of Baby Corn and Baby Carrots From Zambia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation into the continental United States of fresh, dehusked
immature (baby) sweet corn and fresh baby carrots from Zambia. As a
condition of entry, both commodities will be subject to inspection at
the port of first arrival and will have to be accompanied by a
phytosanitary certificate with an additional declaration stating that
the commodity has been inspected and found free of the quarantine pest
listed on the certificate. This action will allow for the importation
of Zambian baby corn and baby carrots into the United States while
continuing to provide protection against the introduction of quarantine
pests.
DATES: Effective Date: May 24, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Sharon Porsche, Import Specialist,
Commodity Import Analysis and Operations, Plant Health Programs, PPQ,
APHIS, 4700 River Road Unit 133,
[[Page 29767]]
Riverdale, MD 20737-1231; (301) 734-8758.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56
through 319.56-8, 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.
On January 11, 2006, we published in the Federal Register (71 FR
1700-1704, Docket No. 05-059-1) a proposal \1\ to amend the fruit and
vegetable regulations to allow the importation of baby corn and baby
carrots from Zambia into the continental United States under certain
conditions. As a condition of entry, we proposed that both commodities
would be subject to inspection at the port of first arrival and would
have to be accompanied by a phytosanitary certificate with an
additional declaration stating that the commodity has been inspected
and found free of the quarantine pest listed on the certificate.
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\1\ To view the proposed rule and the comments we received, go to
http://www.regulations.gov, 
click on the ``Advanced Search''
tab, and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0111, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
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We solicited comments concerning our proposal for 60 days ending
March 13, 2006. We received two comments by that date. One comment was
from a private citizen who supported the proposed rule, but asked
whether the national plant protection organization (NPPO) of Zambia has
agreed to provide the certification that would be required in the rule.
The mitigation measures for both baby carrots and baby corn were
discussed with the NPPO of Zambia and agreed to in writing prior to the
publication of the proposed rule.
The second comment, from an official with a State department of
agriculture, expressed concern that the root knot nematode Meloidogyne
ethiopica could enter the United States on baby carrots and suggested
that an annual laboratory analysis of soil and root samples be required
along with the required field inspections.
The NPPO of Zambia has agreed that shipments of baby carrots would
be accompanied by a phytosanitary certificate with an additional
declaration stating that the carrots in the shipment have been
inspected and found free from M. ethiopica. Under the International
Plant Protection Convention (IPPC), an additional declaration (AD) is a
statement which is required by an importing country (in this case, the
United States) to be entered on a phytosanitary certificate and which
provides specific additional information pertinent to the phytosanitary
condition of a consignment. Zambia follows the IPPC standards for
phytosanitary certification. The NPPO of Zambia will, therefore, be
performing the tests that are necessary to issue the phytosanitary
certificate with the requisite AD. These necessary tests include the
annual soil and root sampling tests suggested by the commenter.
Further, the pest risk assessment states ``The risk assessment
assumed that M. ethiopica was present with carrots in Zambia, based on
evidence that the nematode was described from neighboring Zimbabwe and
that the nematode can infect carrots.'' It is unknown whether M.
ethiopica is present in Zambia, however, we have evaluated the risk of
introducing M. ethiopica into the United States through the importation
of baby carrots from Zambia. The requirement of the additional
declaration is a preemptive, preventative measure being taken in case
this nematode ever does become established in Zambia.
Meloidogyne species typically cause roots to be malformed with
numerous gall or knots, which would cause infected carrots to be culled
due to post-harvest processing. In addition, the harvesting and post-
harvesting processing of baby carrots in Zambia is all done by hand.
The post-harvest processing procedures involve five points of handling
and inspection, including an initial wash, hand trimming or slicing,
commodity grading, another wash, and finally hand packaging. The
packinghouse personnel are trained to recognize and reject malformed
carrots for export to the United States. These phytosanitary measures
are taken to ensure that M. ethiopica does not enter into the United
States through the importation of baby carrots from Zambia.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. Therefore, the Administrator of the Animal
and Plant Health Inspection Service has determined that this rule
should be effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The 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.
We are amending the fruits and vegetables regulations to allow the
importation into the continental United States of fresh, dehusked
immature (baby) sweet corn and fresh baby carrots from Zambia. As a
condition of entry, both commodities will be subject to inspection at
the port of first arrival and will have to be accompanied by a
phytosanitary certificate with an additional declaration stating that
the commodity has been inspected and found free of the quarantine pest
listed on the certificate. This action will allow for the importation
of Zambian baby corn and baby carrots into the United States while
continuing to provide protection against the introduction of quarantine
pests.
The Regulatory Flexibility Act (RFA) requires that agencies
consider the economic impact of their rules on small businesses,
organizations, and governmental jurisdictions. In accordance with
section 604 of the RFA, we have prepared a final regulatory flexibility
analysis describing the expected impact of the changes in this rule on
small entities. During the comment period for our proposed rule, we did
not receive any comments pertaining to the initial regulatory
flexibility analysis presented in that document.
U.S. entities that could be affected by this rule are domestic
producers of baby corn and baby carrots, and wholesalers that would
import the two commodities. Restaurants or other retailers that would
subsequently purchase the items could be indirectly affected.
Businesses producing baby corn or baby carrots are classified in the
North American Industry Classification System (NAICS) within the
category of Other Vegetable (except Potato) and Melon Farming (NAICS
code 111219). The Small Business Administration's (SBA) small-entity
definition for these producers is annual receipts of not more than
$750,000. Firms that would import the baby corn and baby carrots from
Zambia
[[Page 29768]]
are defined as small entities if they have 100 or fewer employees
(NAICS code 424480, Fresh Fruit and Vegetable Merchant Wholesalers).
The wholesale sector comprises two types of wholesalers, those that
sell goods on their own account and those that arrange sales and
purchases for others for a commission or fee. Importers are included in
both cases.
We believe that most if not all of the businesses affected by this
rule will be small since, in general, firms engaged in production and
importation of agricultural commodities are predominantly small.
APHIS has not been able to obtain production or trade data that is
specific to baby carrots, and only limited information on baby corn.
Statistical information on baby corn production is limited because
producing countries either include it within the sweet corn category,
as is done in the United States, or do not report production of this
commodity at all. Quantities of baby corn produced, imported, and
consumed in the United States are not known. According to industry
sources, it is grown in California, and the largest foreign supplier is
Costa Rica. Other sources are Mexico, Guatemala, and Honduras. Mexico
provided 92 percent of U.S. fresh sweet corn imports during 1998-2000,
with the majority arriving during the winter (December to April). Fresh
baby corn is included in these imports; however its amount is unknown.
The Food and Agriculture Organization of the United Nations'
statistics indicate that Zambia produced an average of 750,000 metric
tons of corn per year between 1997 and 2002 and exported 1 percent of
its corn production. How much of Zambia's corn production and exports
is baby corn is not known. It is noted that production of baby corn and
baby carrots depends on hand labor due to the unsuitability of
mechanical agricultural harvesting techniques. Zambia's plentiful farm
labor resources provide it with an economic advantage in the production
of these crops.
The Government of Zambia has indicated its intention to export
approximately 400 metric tons (16 40-foot shipping containers) of baby
corn and 400 metric tons of baby carrots to the continental United
States annually. There are two large commercial agricultural companies
in Zambia (York Farm and Chalimbana Fresh Produce Ltd., formerly known
as Agriflora Limited) that are responsible for producing the bulk of
specialty crops (crops that require more intensive labor to qualify for
exportation). The two companies use either contract growers or their
own farms, which are distributed between Zambia's three geographical
zones to ensure a year round supply of fresh produce. In 2002,
Agriflora exported 100 metric tons of baby corn to the United Kingdom.
According to the technical advisor of the Organic Producer and
Processor Association of Zambia, of a total of 2,500 hectares of
agricultural land devoted to specialty crop production that was
inspected in 2004, 743 hectares have been certified for exports.
During the comment period for our proposed rule, we did not receive
any information on the number of small entities that may be affected.
Without additional information on the number of U.S. producers of baby
corn and baby carrots, the quantities they produce, and the quantities
already being imported into the United States, we cannot assess the
potential impact of this rule on U.S. small entities. An increase in
supply can be expected to exert downward pressure on prices and thus
benefit U.S. consumers. U.S. importers of these commodities are also
expected to benefit.
As discussed in the proposed rule's initial regulatory flexibility
analysis, an alternative to this rule would be to require that a
different set of phytosanitary measures be satisfied. However, we have
concluded that the import conditions prescribed in this rule are
appropriate and necessary to address the risks associated with the
importation of baby corn and baby carrots from Zambia, and that import
requirements less or more stringent than those in this rule would
either not provide an appropriate level of phytosanitary protection or
impose unduly burdensome measures.
This rule contains information collection or recordkeeping
requirements (see ``Paperwork Reduction Act'' below).
Executive Order 12988
This final rule allows baby corn and baby carrots to be imported
into the continental United States from Zambia. State and local laws
and regulations regarding baby corn and baby carrots imported under
this rule will be preempted while the fruit is in foreign commerce.
Fresh baby corn and baby carrots are generally imported for immediate
distribution and sale to the consuming public, and 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. 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
An environmental assessment was prepared for, and made available
for public comment through, the proposed rule for this rulemaking. No
comments regarding the environmental assessment were received during
the comment period for the proposed rule. The environmental assessment
provides a basis for the conclusion that the importation of baby corn
and baby carrots under the conditions specified in this rule will not
have a significant impact on the quality of the human environment.
Based on the finding of no significant impact, the Administrator of the
Animal and Plant Health Inspection Service has determined that an
environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were 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 and finding of no significant impact
may be viewed on the Regulations.gov Web site.\2\ Copies of the
environmental assessment and finding of no significant impact are also
available for public inspection at USDA, room 1141, South Building,
14th Street and Independence Avenue, SW., Washington, DC, between 8
a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons
wishing to inspect copies are requested to call ahead on (202) 690-2817
to facilitate entry into the reading room. In addition, copies may be
obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
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\2\ Go to http://www.regulations.gov, click on the
"Advanced Search" tab and select ``Docket Search.'' In the Docket ID field,
enter APHIS-2005-0111, click on ``Submit,'' then click on the Docket
ID link in the search results page. The environmental assessment and
finding of no significant impact will appear in the resulting list
of documents.
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Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et. seq.), the information collection or recordkeeping
requirements included in this rule have been approved by the Office of
Management and Budget
[[Page 29769]]
(OMB) under OMB control number 0579-0284.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS'' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
? Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
? 1. 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.
? 2. In Sec. 319.41-1, a new paragraph (d) is added to read as follows:
Sec. 319.41-1 Plant products permitted entry.\1\
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\1\ Except as provided in Sec. 319.41-6 the regulations in this
subpart do not authorize importations through the mails.
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* * * * *
(d) Immature, dehusked ``baby'' sweet corn may be imported from
Zambia in accordance with Sec. 319.56-2f(a).
? 3. A new Sec. 319.56-2f is added to read as follows:
Sec. 319.56-2f Conditions governing the entry of baby corn and baby
carrots from Zambia.
(a) Immature, dehusked ``baby'' sweet corn (Zea mays L.) measuring
10 to 25 millimeters (0.39 to 0.98 inches) in diameter and 60 to 105
millimeters (2.36 to 4.13 inches) in length may be imported into the
continental United States from Zambia only under the following conditions:
(1) The production site, which is a field, where the corn has been
grown must have been inspected at least once during the growing season
and before harvest for the following pest: Phomopsis jaczewskii.
(2) After harvest, the corn must be inspected by Zambia's national
plant protection organization (NPPO) and found free of the pests listed
in paragraph (a)(1) of this section before the corn may be shipped to
the continental United States.
(3) The corn must be inspected at the port of first arrival as
provided in Sec. 319.56-6.
(4) Each shipment must be accompanied by a phytosanitary
certificate issued by the NPPO of Zambia that includes an additional
declaration stating that the corn has been inspected and found free of
Phomopsis jaczewskii based on field and packinghouse inspections.
(5) The corn may be imported in commercial shipments only.
(b) Immature ``baby'' carrots (Daucus carota L. ssp. sativus) for
consumption measuring 10 to 18 millimeters (0.39 to 0.71 inches) in
diameter and 50 to 105 millimeters (1.97 to 4.13 inches) in length may
be imported into the continental United States from Zambia only under
the following conditions:
(1) The production site, which is a field, where the carrots have
been grown must have been inspected at least once during the growing
season and before harvest for the following pest: Meloidogyne ethiopica.
(2) After harvest, the carrots must be inspected by the NPPO of
Zambia and found free of the pests listed in paragraph (b)(1) of this
section before the carrots may be shipped to the continental United States.
(3) The carrots must be inspected at the port of first arrival as
provided in Sec. 319.56-6.
(4) Each shipment must be accompanied by a phytosanitary
certificate issued by the NPPO of Zambia that includes an additional
declaration stating that the carrots have been inspected and found free
of Meloidogyne ethiopica based on field and packinghouse inspections.
(5) The carrots must be free from leaves and soil.
(6) The carrots may be imported in commercial shipments only.
(Approved by the Office of Management and Budget under control
number 0579-0284)
Done in Washington, DC, this 19th day of May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4813 Filed 5-23-06; 8:45 am]
BILLING CODE 3410-34-P