United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

January 2011

Initial Regulatory Flexibility Analysis

Proposed Rule 

10-113-1

RIN 0579-[XXXX]

Importation of pitaya fruit from Belize, Costa 

Rica, El Salvador, Guatemala, Honduras, 

Nicaragua, and Panama into the continental 

United States

Policy & Program Development

Policy Analysis & Development
i

Summary

This proposed rule would allow the importation of fresh pitaya fruit into the continental

United States from the Central American countries of Belize, Costa Rica, El Salvador, 

Guatemala, Honduras, Nicaragua, and Panama, using one or more of the designated 

phytosanitary measures listed in 7 CFR 319.56-4(b). Entities potentially affected by the proposed 

rule are U.S. pitaya fruit growers, of which most, if not all, are small entities.

Pitaya fruit is produced in Hawaii, California, and Florida, but the quantities domestically 

produced, numbers of U.S. producers, quantities imported, and other factors needed to assess 

likely economic effects of this rule are not known. The quantity of pitaya fruit that would be 

imported from Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Panama is also 

unknown. Nicaragua estimates exporting 1,200 metric tons (60 forty-foot containers) of pitaya 

fruit to the continental U.S. annually, and it is thought that the other countries may ship similar 

or less amounts.

Lack of information about the quantity of pitaya fruit that would be imported from this 

group of countries, and about the quantities produced and already imported by the United States, 

prevents a clear understanding of what the economic effects of the proposed rule may be. We 

welcome information that the public may offer regarding the possible economic effects of this 

rule for U.S. small entities. 
Table of Contents

Summary.............................................................................................................................. i

Introduction......................................................................................................................... 3

Initial Regulatory Flexibility Analysis................................................................................ 3

Reasons Action is Being Considered.............................................................................. 3

Objective of and Legal Basis for the Rule ...................................................................... 2

Potentially Affected Small Entities................................................................................. 2

Projected Reporting, Recordkeeping, and Other Compliance Requirements................. 3

Duplication, Overlap, or Conflict with Existing Rules and Regulations........................ 3

Alternatives to minimize Significant Economic Impacts of the Rule............................. 3
Introduction

APHIS received requests from the National Plant Protection Organizations of Belize, 

Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama to export pitaya fruit to 

the continental United States. Pitaya fruit (also commonly referred to as pitahaya or dragon 

fruit) is a form of cacti fruit native to Central America. The popularity of pitaya fruit in the 

United States has been steadily rising due to increased interest in exotic fruits and their health 

benefits. Health benefits of pitaya fruit include lowering blood glucose levels in type 2 diabetes, 

high antioxidant amounts, high vitamin C levels, and dietary fiber.1

Initial Regulatory Flexibility Analysis

The Regulatory Flexibility Act requires agencies to evaluate the potential effects of their 

proposed and final rules on small businesses, small organizations and small governmental 

jurisdictions. Section 603 of the Act requires agencies to prepare and make available for public 

comment an initial regulatory flexibility analysis that describes expected impacts of a proposed 

rule on small entities. 

Reasons Action is Being Considered

The proposed rule is in response to requests made by Belize, Costa Rica, El Salvador, 

Guatemala, Honduras, Nicaragua, and Panama for APHIS to amend the regulations to allow 

fresh pitaya fruit from these countries to be imported into the continental United States.

 

1 http://dragonfruitpitaya.com/
Objective of and Legal Basis for the Rule

The objective of the rule is to allow fresh pitaya fruit to be imported into the continental 

United States from Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and 

Panama. APHIS has determined that fresh pitaya fruit can be safely imported from these

countries under certain conditions. The legal basis for this action is the Plant Protection Act (7 

U.S.C. 7701-7772), which authorizes the Secretary of Agriculture to prohibit or restrict the 

importation of any plant product if the Secretary determines that the prohibition or restriction is 

necessary to prevent the introduction of a plant pest or noxious weed into the United States. The 

proposed rule is part of a continuing program to allow the importation of foreign agricultural 

products that APHIS has determined are without significant risk of introducing pests or diseases

into the United States.

Potentially Affected Small Entities

Farms producing pitaya fruit are classified within the North American Industry 

Classification System under Other Noncitrus Fruit Farming (NAICS 111339). For this industry 

classification, a business is considered to be a small entity if its annual receipts are not more than 

$750,000.2

 The average 2007 market value of crops sold by farms classified within Fruit and 

Tree Nut Farming (which includes Other Noncitrus Fruit Farming) was less than $188,000.3

APHIS has been unsuccessful in acquiring information on the U.S. market for pitaya 

fruit. At this point, we do not know the quantity of pitaya fruit domestically produced, numbers 

of U.S. producers, the quantity imported, or other factors needed to assess likely economic 

 We 

infer that the majority of farms producing pitaya fruit are small entities. 

 

2 U.S. Small Business Administration, Table of Small Business Size Standards. 

http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf

3 2007 Census of Agriculture, Table 62. Selected Characteristics of Farms by North American Industry 

Classification System: 2007, http://www.agcensus.usda.gov/Publications/2007/Full_Report/usv1.pdf
effects of this rule. Pitaya fruit is produced in Hawaii, California, and Florida. Hawaii’s pitaya 

production is mainly consumed within that State. 

The quantity of pitaya fruit that would be imported from Belize, Costa Rica, El Salvador, 

Guatemala, Honduras, and Panama is unknown. Nicaragua estimates exporting 1,200 metric 

tons (60 forty-foot containers) of pitaya fruit to the continental U.S. annually. The other 

countries may ship similar or less amounts.4

Projected Reporting, Recordkeeping, and Other Compliance 

Requirements

 Lack of information about the quantity of pitaya 

fruit that would be imported from this group of countries, and about the quantities produced and

already imported by the United States, prevents a clear understanding of what the economic 

effects of the proposed rule may be. 

Reporting and recordkeeping requirements associated with the proposed rule are 

discussed in the rule under the heading "Paperwork Reduction Act."

Duplication, Overlap, or Conflict with Existing Rules and Regulations

APHIS has not identified any duplication, overlap, or conflict of the proposed rule with 

other Federal rules.

Alternatives to minimize Significant Economic Impacts of the Rule

APHIS has no basis for assuming that the proposed rule would result in significant 

economic impacts for a substantial number of small entities. We have therefore not identified 

alternatives that would minimize such impacts.

 

4 USDA-APHIS-PPQ Importation of Fresh Pitaya Fruit, Hylocereus spp. and several other genera and species, from 

Central America into the Continental United States: A Multi-Genus, Regional, Pathway-Initiated Pest Risk 

Assessment