. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1967 
15 January 2010  
 (10-0177) 
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 numbe r(s) as specified in national schedules 
deposited with the WTO;  ICS numbers should be provided in addition, where 
applicable):  Tomatoes (green, pink, or red); plants for planting of Solanum , spp., Datura 
spp. and Nicotania  spp. 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[ ] All trading partners   
[X] Specific regions or countries:  Trading partners exporting products mentioned in 
Federal Order  
5. Title of the notified document:  Federal Import Quarantine Order for Host Materials of 
Tomato Leafminer, Tuta Absoluta  (Meyrick) (dated 24 December 2009)  Language:  
English  Number of pages:  4   
6. Description of content:  The Animal and Plant Health Inspection Service (APHIS) of the 
US Department of Agriculture is issuing a Fe deral Order (FO) 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 update the list of  countries where the tomato leafminer, Tuta 
absoluta , is known to occur.  T. absoluta host material from affected countries must meet 
the conditions set forth in this FO.  APHIS pr eviously issued Federal Orders in February 
and May of 2009 that placed additional restrictions on currently admissible tomato fruit (green, pink or red) from the infested countries,  Algeria, France, Italy, Morocco, and Spain 
to prevent the introduction or the dissemination of T. absoluta into the United States.  This 
FO updates the list of countries currently infested with T. absoluta by adding Albania, 
Greece, Netherlands, Portugal, Switzerland, and Tunisia.  Of those countries, only Greece, 
Netherlands, and Portugal are currently authorized to export tomatoes to the United States.  
Pursuant to this FO, APHIS will require that  shipments of tomato fruit from affected 
countries meet additional import requirements to  prevent the introduction and establishment 
of T. absoluta .  In addition, APHIS will prohibit the entry of plants for planting of Solanum 
spp., Datura  spp. and Nicotiana  spp., which are also hosts of T. absoluta , from affected 
countries pending the completion of a Pest Risk  Analysis (PRA) and the implementation of 
appropriate mitigation measures.  This FO s upersedes all previous Fe deral Orders relating 
to requirements for importing hosts of T. absoluta  from countries that are considered 
infested with the pest.  This FO is effec tive on 1 February 2010.  Federal Orders will 
remain in effect until they are revised by an other Federal Order or until an interim rule on 
the subject is published. G/SPS/N/USA/1967 
Page 2  
 
  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.    
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 is considered a serious plant pest of tomato causing 
major damage if left untreated.  In addition to cultivated Solanum  spp. host plants, this pest 
also attacks wild hosts of Solanum  spp., Datura  spp., and Nicotiana  spp., and therefore 
plants for planting in these genera are considered  a pathway for the entry of this pest.  The 
actions in this FO are necessary because APHI S has determined that the introduction and 
establishment of T. absoluta poses a serious threat to US agriculture including certain fruits 
or vegetables grown in the United States.  The r estrictions outlined in this FO to prevent the 
introduction and establishment of T. absoluta  are immediately needed and warranted to 
address plant pest risks associated with currently admissible tomatoes. 
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)   
[ ] 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:  This notification complies with the International Standard on 
Phytosanitary Measures No.13 "Guidelines for the notification of non-compliance and 
emergency action".  This action is in accord ance with the principles related to emergency 
action of Article VII of the revised text of the International Plant Protection Convention. 
10. Other relevant documents and langu age(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):  
1 February 2010 
[ ] Trade facilitating measure   
12. Agency or authority designated to handl e comments:  [ ] National Notification 
Authority, [X] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:  For additional information regarding 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 Fore ign 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.s psenquirypoint@fas.usda.gov