WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/2218 
19 May 2011  
 (11-2531) 
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 mentione d in this Federal Order.  
5. Title of the notified document:  Federal Import Quarantine Order for Host Materials of 
Tomato Leafminer, Tuta Absoluta  (Meyrick) (dated 5 May 2011)  Language(s):  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 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 trapping requirements for tomato leafminer, 
Tuta absoluta , for detection and surveillance.  Pursuant to this Federal Order, T. absoluta  
host material from affected countries must meet  the conditions below and outlined in this 
FO.  This Federal Order supe rsedes all previous Federal Orders issued by APHIS (in 
February, May, and December 2009, April 2010 , and April 2011) relating to requirements 
for importing hosts of T. absoluta  from countries that are consider ed infested with this pest 
and replaces SPRO#:  DA-2011-12, dated 9 Ma rch 2011 (notified as G/SPS/N/USA/2210).  
This Federal Order amends the current tr apping requirements by reducing the minimum 
trapping rate of 30 traps per hectare to five traps per hectare because new research indicates that a minimum of five traps per hectare is sufficient to detect Tuta absoluta  in the pest 
exclusionary structures.  APHIS will require that shipments of tomato fruit from countries 
where the tomato leafminer is known to o ccur meet additional import requirements to 
prevent the introduction and establishment of T. absoluta .  Those requirements are 
described in detail in the notified Federal Or der.  Additionally, 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 countries where the tomato leafminer is known to occur pending 
the completion of a Pest Risk Analysis (P RA) and the implementa tion of appropriate 
mitigation measures.  This Federal Order is effective on 5 May 2011. G/SPS/N/USA/2218 
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, Or der Lepidoptera.  The main host for Tuta absoluta  is 
tomato ( Solanum lycopersicum ) 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 tomato fruit 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 
 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 language (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):  5 May 2011     
[ ] 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 further information contact:  APHIS-PPQ Phytosanitary 
Issues Management, Attn:  Narcy Klag.  4700 River Road Unit 140, Riverdale, MD 20737-1231;  +1 (301) 734-8469   G/SPS/N/USA/2218 
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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 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