United States 

Department of 

Agriculture

Marketing and 

Regulatory 

Programs

Animal and 

Plant Health 

Inspection 

Service

Proposed Rule for 

Mexican Hass Avocado

Import Program Expansion

Final Environmental Assessment 

October 2001
Proposed Rule for

Mexican Hass Avocado

Import Program Expansion

Final Environmental Assessment

October 2001

Agency Contact:

Wayne D. Burnett

Senior Import Specialist 

Import and Interstate Services

Plant Protection and Quarantine

Animal and Plant Health Inspection Service

U.S. Department of Agriculture

4700 River Road, Unit 140

Riverdale, MD 20737–1236

The U.S. Department of Agriculture (USDA) prohibits 

discrimination in all its programs and activities on the basis of 

race, color, national origin, sex, religion, age, disability, political 

beliefs, sexual orientation, and marital or family status. (Not all 

prohibited bases apply to all programs.) Persons with disabilities 

who require alternative means for communication of program 

information (Braille, large print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720–2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office 

of Civil Rights, Room 326–W, Whitten Building, 1400 Independence 

Avenue, SW, Washington, DC 20250–9410 or call (202) 720–5964 

(voice and TDD). USDA is an equal opportunity provider and employer. 
Table of Contents

I. Need for Proposed Action ...................... 1

A. Introduction ............................... 1

B. Need ...................................... 2

II. Alternatives ................................... 3

III. Environmental Impacts of the Proposed Action 

and Its Alternatives ............................ 4

IV. Special Considerations ........................ 7

A. Environmental Justice ..................... 7

B. Protection of Children’s Health ............. 7

C. Endangered and Threatened Species ....... 7

V. Conclusion ................................... 7

VI. References ................................... 9

VII. Consultation and Review ..................... 10
1

I. Need for Proposed Action

A. Introduction

In 1997, the U.S. Department of Agriculture (USDA), Animal and Plant

Health Inspection Service (APHIS), amended Title 7 of the Code of Federal

Regulations, Part 319 (7 Code of Federal Regulations (CFR) 319), governing

the importation of fresh Hass avocados from Mexico to the United States. 

The Fruits and Vegetables phytosanitary regulation contained in 7 CFR 319

prohibits or regulates the importation of fruits and vegetables into the United

States. The amendment in 7 CFR 319.56–2ff currently allows for the

importation of fresh Hass variety avocados (Persea americana) from

Michoacan, Mexico, into the United States for distribution into the

northeastern States under permit issued in accordance with the regulations. 

The avocados are distributed only during the months of November,

December, January, and February in the District of Columbia and the

following 19 northeastern States: Connecticut, Delaware, Illinois, Indiana,

Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire,

New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont,

Virginia, West Virginia, and Wisconsin. The imported fruit is only allowed in

commercial shipments and under specific conditions established in the

regulation. These conditions, including pest surveys in the approved orchards,

field sanitation practices, packinghouse procedures, shipping requirements,

and various other safeguards, continue to be necessary to prevent the

importation of plant pests on Hass avocados from Mexico. The regulation is

designed to prevent the introduction and dissemination of fruit flies and other

injurious plant pests and diseases that are new or not widely distributed in the

United States. 

Based on Mexico’s recent request and review of the pest risks associated

with the importation of avocados from Mexico, APHIS is proposing to

expand the program for the importation of Hass avocados from Mexico by

adding 12 northern States (Colorado, Idaho, Iowa, Kansas, Minnesota,

Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah, and

Wyoming) to the list for allowed distribution, and an additional 2 months of

the shipping season. This proposal would, therefore, extend the geographical

distribution and duration of the shipping season (from 4 months to 6 months). 

All other conditions and safeguards would remain applicable for the

importation of Hass avocados from Mexico.
2

B. Need

Prior to 1914, avocados were allowed importation into the United States 

from Mexico. In 1914, U.S. plant health officials prohibited the importation

of fresh avocados from Mexico because of the presence of avocado seed

weevils (Heilipus lauri) in Mexico. In July 1994, Sanidad Vegetal, the plant

protection branch of the Mexican Ministry of Agriculture and Water

Resources, requested that APHIS allow fresh Hass avocado fruit from

approved orchards in approved municipalities in the State of Michoacan,

Mexico, to be imported into the northeastern United States. In response to

the request from the Government of Mexico, APHIS proposed and

implemented a rule to allow fresh Hass avocado fruit from Michoacan,

Mexico, to be imported into the northeastern United States. A pest risk

assessment was prepared to consider issues related to this request from

Mexico for the importation of Hass avocados (USDA, APHIS, 1995) and the

findings of that document are incorporated by reference. The Fruits and

Vegetables regulation was amended and APHIS published a final rule in

February 1997, to provide for fresh Hass avocado fruit grown in Mexico to

be imported into the United States subject to certain conditions specified in

the regulations. 

In September 1999, the Government of Mexico requested APHIS to further

expand the importation of Hass avocados into the United States in

accordance with the Sanitary Phytosanitary (SPS) agreement under the North

American Free Trade Agreement (NAFTA). This proposed change would 

include increasing the area of limited distribution within the United States and

extending the time period for shipment by an additional 2 months. APHIS

must consider such request according to the terms agreed to by the United

States as a signatory party to NAFTA and the General Agreement on Trade

and Tariffs.

APHIS considered Mexico’s request and, because of the history of concerns

with Mexico’s 1994 request to import Hass avocados from approved

orchards in Michoacan, Mexico, into the United States, determined a need to

prepare an environmental assessment (EA). The EA, Proposed Rule for

Mexican Hass Avocado Import Program Expansion, dated June 2001, was

prepared to consider the potential for environmental impacts from the

proposed changes to the regulation and to allow the interested public an

opportunity to comment. The EA complies with the provisions of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321-4327) (NEPA), the

Council on Environmental Quality’s NEPA implementing regulations
3

(40 CFR 1500-1508), and Executive Order 12114, Environmental Effects

Abroad of Major Federal Actions.

II. Alternatives

Three alternatives were considered in the June 2001 EA: (1) the proposed

change to the Fruits and Vegetables regulation that would add an additional

12 States to the geographical distribution and extend the shipping season by

2 months (through March and April), (2) the no action alternative, which is the

continuation of the importation of Hass avocados from Mexico into the

United States, as stated in the current regulation, under specific conditions of

entry (no change would be made to the regulation), and (3) a proposed

change to the Fruits and Vegetables regulation that would allow for yearround importation to all 50 States and the District of Columbia. In response

to public comments received during the EA review process, APHIS has

considered a fourth alternative that proposes a change in the Fruits and

Vegetables regulation that would add 12 States to the geographical

distribution and extend the shipping season by 2 months starting from

October 15 through April 15. The alternative for year-round importation to

all 50 States and the District of Columbia was discussed and eliminated from

further analysis because of the risks associated with potential establishment of

quarantine pests of concern as determined by a pest risk assessment (USDA,

1995).

A study by Sequeira et al., 2001, conducted on 4 years of pest trapping

considers temperature and the presence of suitable host fruit material and

other factors to identify areas in the United States that are not at risk for the

introduction of fruit flies. After a review of the temperature and fruit fly survey

data for Mexico and phenological data for the United States, it is apparent

that the pest risk posed by allowing Hass avocados to be imported during the

months of March and April to the current areas and to the additional States

would be no greater than it is for the current shipping season of November

through February. This is supported by the Sequeira et al., 2001 study which

outlines the host availability during the time period within the proposed new

States and a review of the monthly results from 4 years of fruit fly detection

surveys in the production areas of Mexico. The no action alternative, which is

simply the continuation of importation of Hass avocados from Mexico into the

United States, as stated in the current regulation (7 CFR 319.56–2ff), was

also eliminated as it would not be in concurrence with international agreements

to require the pest restriction phytosanitary measures for entry of agricultural

products. 
4

Alternatives 1 and 4 are similar in proposing that an additional 12 States be

added to the distribution area and the shipping season be expanded from 4 to

6 months. Based on the supporting risk analysis and the public comments

received on the EA, APHIS agrees that revising the extended shipping period

from October 15 through April 15 is the preferred alternative. This change

will further reduce the possibility that pests imported in Hass avocados could

find suitable conditions and host material to support their survival in the

approved distribution area. The pest risk analysis and supporting survey

documentation support that climatic conditions in the current distribution area

and the additional 12 States proposed for the expansion area are less

conducive to fruit fly survival in Mexican Hass avocados. 

The proposed changes to the regulation allow for Mexican Hass avocados to

be imported into an expanded area of limited distribution and for a longer

shipping season. This action would increase the availability for avocados and

benefit importers, wholesalers, and retailers that import Mexican Hass

avocados into the United States, provided that certain requirements are met. 

These requirements are intended solely to protect the United States from

quarantine pests.

The proposed changes in the regulation would allow fresh Hass avocados,

grown in approved orchards and municipalities in Michoacan, Mexico, to be

imported into the United States and distributed only in the District of

Columbia and the States of Connecticut, Delaware, Illinois, Indiana,

Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire,

New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont,

Virginia, West Virginia, Wisconsin, Colorado, Idaho, Iowa, Kansas,

Missouri, Minnesota, Montana, Nebraska, North Dakota, South Dakota,

Utah, and Wyoming. Importations would only be permitted during the

6-month period of October 15 through April 15. All other strict conditions

including pest surveys, pest risk-reducing cultural practices, packinghouse

procedures, inspection, shipping procedures, and compliance agreements

would also apply.

III. Environmental Impacts of the

Proposed Action and Its Alternatives

Environmental impacts associated with implementation of the rule, as

proposed, would be as a result of inadvertent release and establishment of

avocado plant pests, including three species of seed weevils, one species of
5

stem weevil, one species of seed moth, and several species of exotic fruit flies. 

Establishment of these plant pests would present a potential threat to U.S.

agriculture. In responding to the Mexican proposal, APHIS officials prepared

two documents as part of this risk analysis. The first document, dated

May 1995, “Risk Management Analysis: A Systems Approach for Mexican

Avocado,” (Miller et al., 1995), is an analysis of the procedures employed to

reduce pest risks associated with the importation of Mexican Hass avocado

fruit. The second document, dated May 1995, “Importation of Avocado Fruit

(Persea americana) from Mexico: Supplemental Pest Risk Assessment”

(USDA, 1995), includes a quantitative assessment of the likelihood of

introducing certain pests with such importations, as well as a quantitative

assessment of the consequences of such introductions.

These documents were an important part of the knowledge base for the

decision to proceed with a proposed rule. Based on the information collected

for the current regulation and additional information collected since that time,

APHIS now has sufficient information to consider the Mexican Government’s

request for expansion of the regulation to the approved States and a longer

shipping season. This information is primarily derived from an Information

Memo for the Record (USDA, 2001), a supplemental pest risk assessment

(USDA, 1995), an addendum to that risk assessment (USDA, 1996), a

document, “Identification of Susceptible Areas for the Establishment of

Anastrepha spp. Fruit Flies in the United States and Analysis of Selected

Pathways” (Sequeira et al., 2001), and 4 years of survey and shipping data

on Mexican avocados. 

Mexico uses a systems approach (a defined set of phytosanitary measures, at

least two of which have an independent effect in mitigation of pest risk

associated with the movement of commodities) to successfully export

avocados to the United States. Two of the tactics presently used to mitigate

pest risk include (1) limiting the geographical distribution of avocados to

19 States and the District of Columbia within the United States, and (2) a

4-month shipping season each year. The pest risk analysis that supported the

present regulation, as confirmed by a 4-year survey and shipping data, also

supports the proposed expansion of the shipping season and distribution area. 

The systems approach program developed by APHIS begins with the

Mexican export requirements and adds additional phytosanitary requirements. 

A risk management analysis was performed on the proposed APHIS

program. This analysis concluded that the systems approach acts in a fail-safe

manner in that redundant safeguards are built into the process. If one
6

mitigation measure is not completely successful, then one of the other

safeguards in place will ensure that the risk of entry of a quarantine pest into

the United States into an area where it can become established is insignificant. 

The system will be closely monitored by APHIS, and any pest detections or

irregularities will result in immediate actions to eliminate the pest risk, including

the prohibition of importing some or all avocados from Mexico. 

APHIS also completed a Supplemental Pest Risk Assessment (as stated

above) on the importation of avocado fruit from Mexico. This risk

assessment identified nine potential quarantine pests of concern (four fruit flies,

three seed weevils, one stem weevil, and one seed moth) based on biology

and distribution. It then rated the risk potential of each pest based on five risk

elements: climate-host interaction, host range, dispersal potential, economic

impact, and environmental impact. The risk assessment then used scenario

analysis and quantitative techniques to determine the likelihood of a quarantine

pest outbreak. 

In the highly unlikely event that an avocado pest should be introduced into the

United States, appropriate eradication actions would likely be initiated. Such

actions would likely involve the use of pesticides in a localized area. The area

affected would likely be small because it is anticipated that any pests would be

detected before they became widespread. The weevils and seed moth are

specific to avocados and, thus, would only be found in association with

avocado trees. The fruit flies are not as host-specific and could be located

away from avocado orchards; however, areas where they are most likely to

become established are regularly monitored for exotic fruit fly activity. Any

analysis of possible actions against exotic pests that may become established

would be extremely speculative at this time and would not serve any useful

purpose. In the unlikely event that a pest becomes established somewhere in

the United States as a result of the importation of Hass avocados from

Michoacan, Mexico, and actions are required of APHIS, an environmental

analysis would be conducted to look at the site-specific details necessary to

eradicate the pest. Any eradication plan or program would not be undertaken

before a separate environmental process was completed.
7

IV. Special Considerations

A. Environmental Justice

Consistent with Executive Order 12898, “Federal Actions To Address

Environmental Justice in Minority Populations and Low-Income Populations”

(59 Federal Register (FR) 7629–7633), and the Departmental Regulation

5600–2, Environmental Justice, dated December 15, 1997, the proposed

expansion of the distribution of Hass avocados will not result in adverse

human health or environmental effects on any minority and low-income

populations. 

B. Protection of Children’s Health

Executive Order 13045, Protection of Children From Environmental Health

Risks and Safety Risks (62 FR 19885–19888), and APHIS’ corresponding

Directive 5600.3 (USDA, APHIS, 1999) do not apply to this proposed

action. The proposed action presents no risks to the health or safety of

children.

C. Endangered and Threatened Species

The Endangered Species Act of 1973 (16 U.S.C. 4332 et seq.) requires that

Federal agencies review their actions to ensure that they do not jeopardize the

continued existence of a Federally listed endangered or threatened species

(listed species). Further, agencies are required to consult with the U.S. Fish

and Wildlife Service or the National Marine Fisheries Service if their actions

may adversely affect Federally listed species. A review of the proposed

action indicates that it will have no effect on Federally listed species. 

V. Conclusion

APHIS finds that the evidence, assumptions, and conclusions of the 2001

Information Memo for the Record, the 1995 risk management analysis, the

1995 risk assessment, the 1996 supplemental risk assessment, and shipping

and inspection data, along with other relevant information, support the

proposed changes in the regulation for importation of Hass avocados. The

results of the risk assessment indicate that the risk of a plant pest outbreak
8

occurring from this action if the proposal is adopted and, therefore, the risk to

the quality of the human environment, is insignificant.
9

VI. References

Miller, C.E., Green, A.S., Harabin, V., and Stewart, R.D., 1995. Risk

management analysis: a systems approach for Mexican avocado. May 1995. 

USDA, APHIS, Riverdale, MD.

Sequeira, R., Millar, L., and Bartels, D., 2001. Identification of susceptible

areas for the establishment of Anastrepha spp. fruit flies in the United States

and analysis of selected pathways. North American Plant Protection Agency,

Ottawa, Canada. (In press) 

USDA, 1995. Importation of avocado fruit (Persea americana) from

Mexico: supplemental pest risk assessment. May 1995. USDA, APHIS,

PPQ, Riverdale, MD.

USDA, 1996. Importation of avocado fruit (Persea americana) from

Mexico: supplemental pest risk assessment-Addendum I. Estimates for the

likelihood of pest outbreaks based on the draft final rule. USDA, APHIS,

PPQ, Riverdale, MD. 

USDA, APHIS, 1999. Evaluating APHIS Programs and Activities for

Ensuring Protection of Children From Environmental Health Risks and Safety

Risks. APHIS Directive 5600.3, dated September 9, 1999. USDA,

APHIS, Riverdale, MD.

USDA, APHIS, 2001. Information memo for the record. USDA, APHIS,

PPQ, Riverdale, MD. Prepared by Michael J. Firko, Assistant Director, and

Edward V. Podleckis, Senior Plant Pathologist, APHIS-PPQ-Permits and

Risk Assessment, dated April 30, 2001.
10

VII. Consultation and Review

Individuals within APHIS staffs were contacted for information or to review

documents during the preparation of this environmental assessment. The staff

addresses follow.

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

Plant Protection and Quarantine

Phytosanitary Issues Management, Unit 140

Riverdale, MD 20737–1236

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

Policy and Program Development

Environmental Services, Unit 149

Riverdale, MD 20737–1238

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

Policy and Program Development

Regulatory Analysis and Development, Unit 118

Riverdale, MD 20737–1238
Finding of No Significant Impact

on the

Proposed Rule for Mexican Hass Avocado

 Import Program Expansion

Environmental Assessment, October 2001

The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS),

has prepared an environmental assessment (EA) that assesses potential environmental impacts of a

proposal to amend the regulations governing the importations of fruits and vegetables. This is a

proposal for expansion of the distribution area and shipping season of fresh Hass avocado fruit grown in

Michoacan, Mexico, to be imported into certain areas of the United States subject to certain

conditions. The EA, incorporated by reference in this document, is available from:

Phytosanitary Issues Management

Plant Protection and Quarantine

Animal and Plant Health Inspection Service

U.S. Department of Agriculture

4700 River Road, Unit 140

Riverdale, Maryland 20737–1236

The initial EA analyzed three alternatives: (1) the proposed regulation change to add an additional 12

States to the geographical distribution area and extend the shipping season by 2 months to include

March and April, (2) no action, and (3) proposed regulation change that would allow for year-round

importation to all 50 States and the District of Columbia.. As a result of the public comment process on

the initial EA, APHIS considered a recommended and reasonable fourth alternative: a proposed

regulation change to add an additional 12 States and extend the revised shipping season from

October 15 to April 15. In response to the comments received and considering the alternatives,

APHIS has determined that the fourth alternative is its preferred alternative in that it further enhances its

abilities to regulate and exclude injurious plant pests from the United States. 

 . 

The analysis of this EA finds that there would be no significant impact of this action based upon the

results of the 2001 Information Memo for the Record, the “Risk Management Analysis: A Systems

Approach for Mexican Avocado, May 1995,” and the “Importation of Avocado Fruit (Persea

americana) from Mexico: Supplemental Pest Risk Assessment, May 1995,” and the likely small size

of any treatment area in the unlikely event that an infestation occurs. Any analysis of possible actions

against exotic pests would be extremely speculative at this time and would not serve any useful

purpose. In the unlikely event that a plant pest becomes established somewhere in the United States as

a result of Hass avocados imported from Michoacan, Mexico, and actions are required of APHIS, an

environmental analysis will be conducted to look at the site-specific details necessary to perform a

meaningful analysis.
The analysis in the EA has considered the impact of the proposal on federally listed endangered and

threatened species, according to the Endangered Species Act of 1973, and has determined that the

proposal will have no adverse effect on endangered and threatened species.

The analysis in this EA has considered Executive Order 12898, Federal Actions to Address

Environmental Justice in Minority Populations and Low-Income Populations. The implementation of

this proposal will not result in disproportionately high and adverse human health or environmental effects

on any minority populations and low-income populations.

The analysis has also considered Executive Order 13045, Protection of Children From Environmental

Health Risks and Safety Risks. The implementation of the proposal will not present any risks to the

health or safety of children.

Therefore, I find that the potential risk to the quality of the environment from the proposed amendment,

if adopted, is insignificant. 

/s/ 10/17/01 

Richard L. Dunkle Date

Deputy Administrator

Plant Protection and Quarantine

Animal and Plant Health Inspection Service