G/SPS/N/AUS/469  
 
28 February 2019  
(19-1156) Page: 1/3 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  
NOTIFICATION OF EMERGENCY MEASURES  
1. Notifying Member:  AUSTRALIA  
If applicable, name of local government involved:   
2. Agency responsible:  Australian Government Department of Agriculture and Water 
Resources  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable): Seeds for sowing of tomato ( Solanum lycopersicum ) and capsicum 
(Capsicum annuum species complex)  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners  
[ ] Specific regions or countries:  
5. Title of the notified document: Emergency measures for t omato and capsicum seeds . 
Language(s): English.  Number of pages: 3 
6. Description of content: Emergency phytosanitary measures for the importation of 
tomato and capsicum seeds are being introduced to mitigate the biosecurity risk posed 
by Tomato brown rugose fruit virus  (ToBRFV).  
7. Objective and rationale: [  ] food safety, [  ] animal health, [X]  plant protection, 
[X] protect humans from animal/plant pest or disease, [X]  protect territory 
from other damage from pests.  
8. Nature of the urgent problem(s) and reason for urgent action: ToBRFV 
(Tobamovirus genus) is an emerging biosecurity risk with a rapidly expanding global 
distribution. This virus is known to naturally infect tomato and capsicum resulting in 
unmarketable fru it, and has plant disease resistance breaking capability.  
Australia's existing import conditions for the importation of tomato and capsicum seeds 
do not require specific risk mitigation measures against ToBRFV. Therefore, emergency 
measures will be introdu ced for tomato ( Solanum lycopersicum ) and capsicum ( Capsicum 
annuum  species complex).  
To be least trade restrictive, the emergency measures will be implemented in three 
phases.  
Consignments shipped from an exporting country before midnight preceding 
5 March 2019 will be permitted entry into Australia under existing arrangements (no 
additional measures).  
Phase 1: Consignments that are shipped between 5 March 2019 and midnight preceding 
31 March 2019 must be tested with a sample size of 3,000 seeds (or 20 per  cent for small 
seed lots) using the existing commercial seed test protocol (ISTA 7 -028) and found free 
of ToBRFV. The test may be conducted off -shore or on -shore.  G/SPS/N/AUS/469  
 
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  Phase 1 conditions expire at midnight preceding 31 March 2019 and will be replaced by 
Phase 2 conditions. However, Phase 2 or Phase 3 conditions can be ad opted before 
Phase  1 expires.  
Phase 2: Consignments that are shipped after midnight preceding 31 March 2019 must 
be tested by enzyme -linked immunosorbent assay (ELIS A) with a sample size of 
20,000 seeds (or 20 per cent for small seed lots) using an existing commercially available 
kit (AGDIA -TMV OR Prime Diagnostics -ToMV) and found free of ToBRFV . The ELISA test 
may be conducted off -shore or on -shore. Other ELISA kits will be considered on a case -
by-case basis.  
Phase 2 conditions will expire when an agreed polymerase chain reaction (PCR) testing 
protocol(s) is/are developed and will be replaced by Phase 3 conditions.  
Phase 3: A PCR testing protocol for ToBRFV is under development, which will replac e the 
ELISA test when it is ready. The PCR test may be conduct ed off -shore or on -shore. 
An Australian Biosecurity Import Conditions (BICON) alert will be published when the PCR 
test is implemented.  
Phytosanitary certification requirements:  
Seed lots of tomato ( Solanum lycopersicum ) and capsicum ( Capsicum annuum  species 
complex) that are tested off -shore must be accompanied by an official government 
Phytosanitary Certificate endorsed with the following additional declaration:  
Phase 1 (interim):  
'The consi gnment of [ botanical name  (s) (Genus species )] comprises [ insert number of 
tomato/capsicum seed lots ] seed lot(s); for each seed lot, seeds were tested by ISTA 7 -
028 [ insert laboratory name(s) and report number(s) ] on a sample size of 3,000 seeds 
(or 20 pe r cent of small seed lots) and found free from Tomato brown rugose fruit virus 
(ToBRFV) .' 
Phase 2 (interim):  
'The consignment of [ botanical name  (s) (Genus species )] comprises [ insert number of 
tomato/capsicum seed lots ] seed lot(s); for each seed lot, seeds were tested by ELISA 
[insert laboratory name(s) and report number(s) ] on a sample size of 20,000 seeds (or 
20 per cent of small seed lots) and found free from Tomato brown rugose fruit virus 
(ToBRFV) .' 
Phase 3 (ongoing):  
'The consignment of [ botanica l name  (s) (Genus species )] comprises [ insert number of 
tomato/capsicum seed lots ] seed lot(s); for each seed lot, seeds were tested by PCR 
[insert laboratory name(s) and report number(s) ] on a sample size of 20,000 seeds (or 
20 per cent of small seed lots ) and found free from Tomato brown rugose fruit virus 
(ToBRFV). ' 
Optional (for each phase): For consignments that do not have the specific additional 
phytosanitary declarations but have laboratory testing reports.  
The consignment must be accompanied by a P hytosanitary Certificate that links to, and 
is accompanied by, a laboratory report. The botanical name and lot number(s) must be 
presented on the Phytosanitary Certificate. The laboratory report must state:  
the seed species tested that a minimum seed sampl e was tested as required in each phase 
the test result confirming freedom from ToBRFV the lot/batch number(s), and these 
numbers must match the Phytosanitary certificate the date, the laboratory name and 
address. Australia will notify WTO Members once a ri sk assessment has been developed 
and released for stakeholder comment.  G/SPS/N/AUS/469  
 
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  9. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[X] International Plant Protection Convention (e.g.  ISPM number) : IPPC 
Article 7 and IPSM 1  
[ ] None  
Does this proposed regulation conform to the relevant international standard?  
[X] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:  
10. Other relevant documents and language(s) in which these are available:    
11. Date of entry into force ( dd/mm/yy )/period of application (as applicable): 
5 March 2019  
[ ] Trade facilitating measure  
12. Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X ] National Enquiry Point. Address, fax number and e -mail address 
(if available) of other body:  
The Australian SPS Contact Point  
GPO Box 858  
Canberra ACT 2601  
Australia  
E-mail: sps.contact@agriculture.gov.au  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:  
The Australian SPS Contact Point  
GPO Box 858  
Canberra ACT 2601  
Australia  
E-mail: sps.contact@agriculture.gov.au