Required Report - public distribution

**Date:** 12/7/2006

**GAIN Report Number:** TH6129

TH0001

**Thailand**

**Sanitary/Phytosanitary/Food Safety**

**The New Proposed Plant Quarantine Regulations May Affect U.S.
Exports**

**2006**

**Approved by:**

Gary Meyer, Agricultural ![](media/image1.wmf)Counselor

U.S. Embassy, Bangkok

**Prepared by:**

Sakchai Preechajarn, Agricultural Specialist

**Report Highlights:**

The new proposed regulations on plant quarantine are in the process of
final rule making. The regulations, which are likely effective in early
2007, could affect U.S. exports of fruits and vegetables.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Bangkok \[TH1\]

\[TH\]

**I. New proposed plant quarantine notifications**

On August 17, 2006, Thailand notified to the World Trade Organization
(WTO) draft revisions to their Plant Quarantine Act. These proposals
consist of three draft ministerial notifications. Based on the drafted
regulations, these notifications seek to strengthen the quarantine
practices for imported fresh fruits and vegetables from all exporting
countries. The following is brief description of each proposed
notifications:

1\. Notification of Ministry of Agriculture and Cooperatives entitled
"Specification of plant pests as prohibited articles under the Plant
Quarantine Act B.E. 2507 (1964) (No...) B.E. 2549 (2006).

This is referred to G/SPS/N/THA/151 under WTO notification.

*Description of content*: The draft notification provides a list of
quarantine pests as prohibited articles. Any plant containing or being
contaminated with listed prohibited pests will also become prohibited
articles.

2\. Notification of Ministry of Agriculture and Cooperatives entitled
"Specification of plant pests and carriers from certain sources as
prohibited articles under the Plant Quarantine Act B.E. 2507 (1964)
(No...) B.E. 2549 (2006).

This is referred to G/SPS/N/THA/152 under WTO notification.

*Description of content*: The draft notification provides a list of
plants and products from any sources as prohibited articles with some
exemptions and conditions. The importation of listed prohibited plants
must be subject to Pest Risk Analysis (PRA) justification prior to
import. However, the transition provisions are indicated for the plants
and products that have been imported over the previous five years before
the effective date of the new notification. Under these provisions, the
imports of the prohibited plants will not be disrupted provided the
National Plant Protection Organization (NPPO) of the concerned exporting
country officially requests import permit together with supportive
evidence of previous trade within 60 (sixty) days after the notification
is enforced.

3\. Notification of Ministry of Agriculture and Cooperatives entitled
"Specification of plant pests and carriers from certain sources as
restricted articles under the Plant Quarantine Act B.E. 2507 (1064)
(No...) B.E. 2549 (2006).

This is referred to G/SPS/N/THA/153 of WTO notification.

*Description of content*: The notification provides a list of plants and
products from any sources as restricted articles with some exemptions
and conditions. Although PRA justification process is not needed,
Phytosanitary Certificate endorsed by NPPO of the exporting countries
must accompany imports of these restricted plants.

**II. Status of the legislation**

According to the Director of Plant Quarantine Research Group, part of
the Department of Agriculture (DOA) under the Ministry of Agriculture
and Cooperatives, the DOA is in the process of modifying some parts of
the notification within the next few weeks. These modifications are
reported to reflect public comments and concerns identified by trading
partners. The revised version should layout the requirements for
exporting countries seeking exemptions on certain plants. Although they
are still working on the waiver requirements, the DOA stated that
exporting countries will likely need to provide a letter of intent,
which includes names of plants to be exempted as well as historical data
of exports supporting those relevant plants to Thailand. Although some
details have yet to be finalized, such as the grace period from
publication to enforcement, the aforementioned provisions regarding the
letter of intent with supporting trade data will be in the final
version.

The legislation process is now in the DOA. Once the Director General of
DOA approves it, the final rule will be sent to Minister of Agriculture
and Cooperatives for endorsement and then be forwarded to The Government
Publishing House for announcement in the Royal Gazette. According to
this official, the notice should be in the Gazette between late February
and early March 2007. Also, one of the revisions under discussion (that
is likely to occur) is that enforcement of the regulation will occur 60
days after publication in the Gazette.

The comment period for the legislation closed on November 16.

###### III. Possible impact on U.S. fruit and vegetable exports to Thailand 

Thai plant quarantine officials have indicated that the purpose of the
proposals is not to hinder established trade, but is intended to address
a deficiency in the Thai quarantine system regarding the lack of a
quarantine pest list.

Nevertheless, Thailand's proposal could potentially prohibit the import
of a broad array of plant products based on their potential to act as a
host to a quarantine pest. One of the major concerns of the proposed
regulations is that in the prohibition list, deciduous tree fruit grown
in parts of the United States is listed as a host of a number of
tropical fruit flies that do not exist in the growing areas. Most, if
not all of the listed fruit flies, do not exist in the continental
United States.

In 2005, the value of U.S. fresh fruit exported to Thailand totaled
nearly US\$ 20 million, while U.S. exports of U.S. fresh vegetables were
relatively small (about US\$ 180,000 in 2005). The top two U.S. fruit
exported were grapes and apples. By inhibiting current market access,
the proposed Thai regulations also jeopardize the future growth of new
products in the market, such as fresh U.S. produced cherries.

According to the DOA official, citrus from California, Florida, and
Arizona are exempted from the proposed new regulations because they have
already been subject to a PRA process.

End of Report.