. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/2019 
21 May 2010  
 (10-2850) 
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 
this Federal Order  
5. Title of the notified document:  Federal Import Quarantine Order for Host Materials of 
Tomato Leafminer, Tuta Absoluta  (Meyrick) (dated 28 April 2010)  Language:  English  
Number of pages:  6   
6. Description of content:  The Animal and Plant Health Inspection Service (APHIS) of the 
US Department of Agriculture 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 update the list of countries currently infested with 
T. absoluta  and present modified conditions for the importation of host material from 
affected countries.  This Federal Order super sedes all previous Federal Orders issued by 
APHIS (in February, May and December 2009) re lating to requirements for importing hosts 
of T. absoluta  from countries that are considered in fested with this pest and replaces 
SPRO#: DA-2009-65, dated 24 December 2009 (notified as G/SPS/N/USA/1967). 
This Federal Order updates the list of countries currently infested with T. absoluta  by 
adding countries of the European Union that were not previously listed, and Syria, Turkey and Israel.  Of these additional countries, only Belgium, Cyprus, Israel, Poland, and United Kingdom are currently authorized to expor t tomatoes to the United States.  Pursuant 
to this Federal Order, T. absoluta  host material from affected countries must meet the 
following conditions:  (1) APHIS will require th at shipments of tomato fruit from affected 
countries meet additional import requirements to  prevent the introduction and establishment 
of T. absoluta .  Those requirements are described in detail in the Federal Order.  (2) 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) a nd the implementation of appropriate mitigation 
measures.  This Federal Orde r is effective on 13 May 2010. G/SPS/N/USA/2019 
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 Federal Order are necessary because APHIS 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 restrictions outlined 
in this Federal Order to prevent the introduction and establishment of T. absoluta  are 
immediately needed and warranted to address plant pest risks associ ated with currently 
admissible tomatoes and plants for planting. 
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  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.  
 If no, describe, whenever possible, how and why it deviates from the 
international standard:   
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):  13 May 2010   
[ ] Trade facilitating measure   
12. Agency or authority designated to handl e comments:  [ ] National Notification 
Authority, [ ] 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.spsenquirypoint@fas.usda.gov