. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1927 
29 May 2009  
 (09-2580) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION OF EMERGENCY MEASURES  
 
1. Notifying Member:  UNITED STATES
 
If applicable, name of local government involved:    
2. Agency responsible:  Animal and Plant Health Inspection Service (APHIS) of the US 
Department of Agriculture 
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):  Green tomatoes 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[   ] All trading partners, or 
[ X ] Specific regions or countries:  Italy 
5. Title of the notified document:  Federal Order for Tomatoes - Adding Italy to the List of 
Countries Regulated for Tuta absoluta (dated 12 May 2009)  Language:  English  
Number of pages:  4   
6. Description of content:  The Animal and Plant Health Inspection Service (APHIS) is 
issuing a Federal Order pursuant to the regulatory authority provided by the Plant Protection Act of 20 June 2000, as amended, Section 412(a), 7 U.S.C. 7712(a), to add Italy 
to the 23 February 2009 Federal Order on Tuta absoluta  to prevent the introduction or 
dissemination of this harmful pest into the Unite d States.  Currently, Italy is authorized to 
export only green tomatoes to the United States.   Pursuant to this Federal Order, APHIS 
will require that shipments of field-grown green tomatoes from Italy meet additional import requirements as described in the Federal Order to prevent the introduction and 
establishment of Tuta absoluta . 
This Federal Order is effective on 27 May 2009,  the 15th day after its issuance.  Federal 
Orders will remain in effect until they are revised by another Federal Order or until an 
interim rule on the subject is published. 
7. Objective and rationale:  [   ] food safety, [   ] animal health, [ X ] plant protection, [  
 ] protect humans from animal/plant pest or disease, [ X ] protect territory from other damage from pests.    G/SPS/N/USA/1927 
Page 2  
 
  8. Nature of the urgent problem(s) and reason for urgent action:  Tuta absoluta  is a small 
moth in the family Gelechiidae, Order Lepidoptera.  The main host for Tuta absoluta  is 
tomato ( Solanum lycopersium ) and it causes major damage on all plant parts, including 
fruit, if left untreated.  Most recently, Tuta absoluta  has been reported in Italy, and APHIS 
is now including Italy on the list of countries th at are infested.  In order to prevent the 
introduction or the dissemination of Tuta absoluta  into the United States, APHIS has 
determined that it is necessary to restrict the importation of green tomatoes from Italy, unless mitigation measures that provide the appr opriate level of phytosanitary security are 
complied as required by this Federal Order.  These restrictions are immediately needed and warranted to address plant pest risks associat ed with currently admissible green tomatoes 
grown in the field. 
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 N°)     
[   ] None Does this proposed regulation conform to  the revelant international standard? 
 [ X ] Yes   [   ] No 
This notification complies with the Interna tional Standard on Phytosanitary Measures 
No.13 "Guidelines for the notification of non- compliance and emergency action".  This 
action is in accordance with the principles rela ted to emergency action of Article VII of the 
revised text of the International Plant Protection Convention.  
 If no, describe, whenever possible, how and why it deviates from the 
international standard:   
10. Other relevant documents and langua ge(s) in which these are available:  
http://www.aphis.usda.gov/import_export/plants/ plant_imports/federal_order/index.shtml    
11. Date of entry into force (dd/mm/yy)/period of application (as applicable):  
27 May 2009 
[   ] Trading Facility measure  
12. Agency or authority designated to handle comments: [   ] National Notification 
Authority, [   ] National Enquiry Point.  Address, fax number and E-mail address (if 
available) of other body:  For additional information regard ing this Federal Order, please 
contact:  ppq.ippc.notification@aphis.usda.gov  
13. Texts available from: [ X ] National Notification Authority, [   ] National Enquiry 
Point.  Address, fax number and E-mail address (if available) of other body:  United 
States SPS National Notification Authority, USDA Foreign Agricultural Service, International Regulations and Standards Division (IRSD), Stop 1027, Washington D.C. 
20250;  Tel:  +(1 202) 720 1301;  Fax:  +(1 202) 720 0433;  E-mail:  us.spsenquirypoint@fas.usda.gov