WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1941 
31 July 2009  
 (09-3718) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
 
 
 
NOTIFICATION  
 
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):  Plants for planting 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[ X ] All trading partners, or [   ] Specific regions or countries:    
5. Title of the notified document:  Proposed Rule:  Importation of Plants for Planting;  
Establishing a Category of Plants for Planti ng Not Authorized for Importation Pending Pest 
Risk Analysis (Docket No. APHIS-2006-0011)  Language:  English  Number of 
pages:  12 
6. Description of content:  The Animal and Plant Health Inspection Service is proposing to 
establish a new category of regulated articles in the regulations governing the importation 
of nursery stock, also known as plants for planting.  This category would list taxa of plants 
for planting whose importation is not authorized pending pest risk analysis.  If scientific 
evidence indicated that the taxon of plants fo r planting is a potential quarantine pest or a 
potential host of a quarantine pest, we w ould publish a notice that would announce our 
determination that the taxon is a potential qua rantine pest or a potential host of a quarantine 
pest, cite the scientific evidence we considered  in making this determination, and give the 
public an opportunity to comment on our determ ination.  If we received no comments that 
changed our determination, th e taxon would subsequently be added to the new category.  
We would allow any person to petition for a p est risk analysis to be conducted for a taxon 
that has been added to the new category.  Afte r the pest risk analysis was completed, we 
would remove the taxon from the category a nd allow its importation subject to general 
requirements, allow its importation subject to specific restrictions, or prohibit its 
importation. We would consider applications  for permits to import small quantities of 
germplasm from taxa whose impor tation is not authorized pending pest risk analysis, for 
experimental or scientific purposes under cont rolled conditions.  This new category would 
allow us to take prompt action on evidence that the importation of a taxon of plants for planting may pose a risk while continuing to allow for public participation in the process. G/SPS/N/USA/1941 
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  7. Objective and rationale:  [   ] food safety, [   ] animal health, [ X ] plant protection, [  
 ] protect humans from animal/plant pest or disease, [   ] protect territory from other damage from pests.    
8. Is there a relevant international stan dard?  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)     
[   ] International Plant Protection Convention (e.g.  ISPM N°)     
[ X ] None Does this proposed regulation conform to the relevant international standard?   
 [   ] Yes   [   ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language(s) in which these are available:  Federal 
Register:  23 July 2009 (Volume 74, Numb er 140), Notices Pages 36403-36414. Available 
online in English at:  http://edocket.access.gpo. gov/2009/E9-17535.htm  
10. Proposed date of adoption (dd/mm/yy) :  Not applicable 
Propose date of publication ( dd/mm/yy) :  Not applicable 
11. Proposed date of entry into force:  [   ] Six months from date of publication , and/or  
(dd/mm/yy) :  Not applicable 
[   ] Trade facilitating measure  
12. Final date for comments: [   ] Sixty days from the date of circulation of the 
notification and/or ( dd/mm/yy ):  21 October 2009 
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:    
You may submit comments by either of the following methods: 
• Federal eRulemaking Portal:  Go to http://www.regulations.gov/  and search on the 
docket number (APHIS–2006-00 11) to submit or view comments and to view 
supporting and related materials available electronically. 
• Postal Mail/Commercial Delivery:  Please send two copies of your comment to Docket 
No. APHIS–2006–0011, Regulatory Analysis and Development, PPD, APHIS, Station 
3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238.  Please state that 
your comment refers to Docket No. APHIS–2006–0011. 
For further information contact:  Dr. Arnold Tschanz, Senior Plant Pathologist, Risk 
Management and Plants for Planting Policy,  RPM, PPQ, APHIS, 4700 River Road Unit 
133, Riverdale, MD 20737-1231;  +(1 301) 734 0627  G/SPS/N/USA/1941 
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  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