APHIS Factsheet

Plant Protection and Quarantine October 2014

Questions and 

Answers: Federally 

Recognized 

State Managed 

Phytosanitary 

Program

Q: What is the Federally Recognized State 

Managed Phytosanitary Program? 

A: The Federally Recognized State Managed 

Phytosanitary (FRSMP, pronounced “free-stamp”) 

program establishes a process for the Federal 

recognition of certain state-managed plant pest 

programs. The U.S. Department of Agriculture’s 

(USDA) Animal and Plant Health Inspection Service 

(APHIS) will consider State programs developed to 

eradicate, exclude, or contain plant pests of limited 

distribution within the United States that APHIS 

is not currently regulating or is considering to no 

longer regulate under a Federal program.

Q: Why did APHIS create the FRSMP program?

A: APHIS created this program to promote 

greater consistency in actions taken against 

certain plant pests arriving at U.S. ports of entry 

in a consignment of goods imported into the 

United States, or are in a shipment that is moving 

interstate. By harmonizing certain U.S. import 

and interstate plant pest restrictions, APHIS will 

be able to support and strengthen State-managed 

phytosanitary programs. It is important to support 

such State programs since their aim is to exclude 

a pest that is not present or only has limited 

distribution, and where economic or environmental 

harm could result from the pest’s introduction or 

spread in the State. This program also strengthens 

APHIS’ ability to advocate for safe, fair, and 

reciprocal treatment of U.S. exports by our trading 

partners. 

 In addition, the program allows APHIS to focus 

its resources on plant pests that truly represent risk 

to agriculture and need to be kept out of the United 

States. It accomplishes this by providing a process 

for APHIS to review current pest categories and 

to re-categorize those pests no longer considered 

a risk, thus allowing APHIS to lift its requirements 

for regulatory action if such re-categorized pests are 

subsequently intercepted at a U.S. port of entry. As 

of June 2, 2014, 74 pests were re-categorized in this 

manner. This program also reduces restrictions on 

commerce by allowing some States to keep out a 

particular pest of concern without affecting imports 

destined for States that do not consider the pest a 

concern.

Q: How will the FRSMP program change the way 

APHIS responds at U.S. ports of entry when a pest 

listed under the program is intercepted?

A: If APHIS intercepts a FRSMP program pest at a 

U.S. port of entry located in a State that restricts that 

pest under the program, APHIS will determine the 

appropriate control action, if any, to implement. The 

determination may be to issue an Emergency Action 

Notification (EAN) ordering the infested shipment to be 

treated, re-exported, re-directed to a State that does 

not restrict the pest, or destroyed. The least restrictive 

action will apply.

 If APHIS intercepts a FRSMP program pest at a 

U.S. port of entry located in a State that does not 

restrict that pest under the program, APHIS may allow 

the importation of the commodity shipment into the 

United States without any phytosanitary treatment at 

that port of entry but may, at the same time, decide 

under certain circumstances that it is appropriate 

to issue an EAN ordering certain restrictions on the 

interstate movement and further destinations of that 

commodity shipment.

Q: How will importers benefit from changes 

resulting from the FRSMP program?

A: The FRSMP program has the potential to reduce 

trade restrictions with the United States. This is 

accomplished in two ways. First, the program provides 

a process for reevaluating the phytosanitary risks of 

certain Federally listed plant pests, thus reducing the 

number of pest interceptions on imported commodities 

that would require a Federal control action at ports 

of entry. In anticipation of the establishment of this 

program, APHIS, in close collaboration with the States, 

has already identified 74 pests (as of June 2, 2014) 

that no longer require Federal control action at U.S. 

ports of entry because they are pests that are already 

established enough in the United States to be unlikely 

to further seriously harm the U.S. environment or the 

economy.

 Second, the FRSMP program provides a process 

for APHIS to decide whether it needs to impose or 

require any additional remedial measures for imports 
that are intercepted with infestations of FRSMP 

plant pests. Prior to the FRSMP program, APHIS’ 

regulatory provisions required that all shipments 

found infested with plant pests arriving anywhere 

in the United States had to be treated, re-exported, 

or destroyed. Under the FRSMP program, imports 

found infested with FRSMP pests will be evaluated 

by APHIS to determine if APHIS needs to take any 

Federal control action on that pest and whether or 

not APHIS should impose any remedial measures 

on a commodity shipment infested with a FRSMP 

program pest. Thus APHIS will be able to determine 

if a particular shipment involving a FRSMP 

program plant pest can be adequately mitigated or 

safeguarded to enter into the United States without 

any phytosanitary mitigation treatment. This gives 

APHIS the ability to not impose unnecessary 

importation and mitigation restrictions on certain 

plants pests, namely, on specific FRSMP pests.

Q: How will I be notified if one of my shipments 

contains a pest controlled under the FRSMP 

program?

A: If a pest regulated under a FRSMP program 

is detected in a shipment arriving at a U.S. port of 

entry, a U.S. Customs and Border Protection (CBP) 

Agriculture Specialist or APHIS Plant Protection and 

Quarantine (PPQ) Officer will issue an Emergency 

Action Notification (EAN, PPQ Form 523) to the 

importer if they determine it is appropriate and 

necessary. The EAN will provide information 

regarding the importer’s options, including a link to 

the FRSMP program Web site, where the importer 

can find detailed information about the specifically 

required mitigations. Such mitigation actions could 

include treatment, re-direction to a non-FRSMP 

State, re-exportation, destruction of the shipments, 

or restrictions on interstate movement, depending on 

the specific FRSMP requirements determined to be 

appropriate for that specific pest. The least restrictive 

action will apply.

Q: If a pest controlled under the FRSMP program 

is found in one of my shipments, what do I 

need to do to meet Federal requirements for the 

FRSMP program?

A: If a pest regulated under the FRSMP program is 

detected in a shipment, CBP or PPQ will determine 

what, if any, control or mitigation action is appropriate 

and necessary, and may issue an EAN ordering 

some restrictions on the interstate movement and 

further destinations of that commodity shipment. The 

EAN will also include a link to the FRSMP program 

Web site, where the importer can find detailed 

information about the specifically imposed mitigation 

actions for interstate movement. It is possible that 

not all FRSMP pests will have an appropriate or 

effective mitigation action, and therefore a shipment 

could be prohibited entry into a particular FRSMP 

State.

Q: If a pest controlled under the FRSMP program 

is detected in a shipment, and I can find a willing 

buyer of the commodity infested with a FRSMP 

pest in a State that isn’t regulating that FRSMP 

pest, can the shipment be redirected to the other 

State without being treated, re-exported, or 

destroyed?

A: If a pest controlled under the FRSMP program 

is detected in a shipment arriving in a participating 

FRSMP State, APHIS can evaluate the pest and 

the circumstances and then may determine that 

the importer can re-direct the shipment to a State 

that has no concerns about the particular FRSMP 

pest. APHIS may also consider other necessary and 

appropriate options, including treatment (if available), 

re-exportation, or destruction. The importer will be 

given the opportunity to choose the least restrictive 

approved option given by APHIS at the time of the 

importation.

 If a pest controlled under the FRSMP program 

is detected in a shipment arriving in a State that 

has no concerns about the particular FRSMP 

pest, and the shipment is ultimately destined for a 

FRSMP State that does have a concern about the 

pest (that is, the FRSMP State entry restrictions on 

that specific FRSMP pest), APHIS may determine 

that the importer can change the shipment’s final 

destination to any State that has no concerns about 

the particular FRSMP pest. If the importer wishes 

to move the shipment to a FRSMP State that does 

have a concern about the particular FRSMP pest, 

then the importer must comply with whatever APHISapproved treatment or other mitigation action APHIS 

determines to be necessary and appropriate for that 

pest. If APHIS determines that there is no appropriate 

treatment or other mitigation action which is available 

or feasible, then APHIS may prohibit the shipment 

from entering the FRSMP State that has concerns 

about the particular FRSMP pest.

Q: Let’s assume that a pest controlled under 

the FRSMP program is detected in a shipment, 

and I redirect the untreated shipment to a State 

that does not have a concern with that particular 

FRSMP pest. Can I change my mind and request 

treatment later so that I can send the shipment 

to a State that does have a concern with that 

particular FRSMP pest?

A: If you wish to change the destination State for a 

shipment that has a pest controlled under the FRSMP 

program to a FRSMP State that has concerns about 
the particular FRSMP pest in your shipment, then 

you must contact APHIS’ Plant Protection and 

Quarantine (PPQ) program so that it can determine 

whether to allow the shipment and whether or not 

to impose any restrictions or mitigation actions on 

that shipment. Such decisions by PPQ will be made 

on a case-by-case basis. So, make sure to contact 

the APHIS State Plant Health Director’s office in the 

intended destination FRSMP State. You can find the 

appropriate contact information online at www.aphis.

usda.gov/planthealth/sphd.

Q: What constitutes a violation under the FRSMP 

Program? 

A: For example, moving a shipment out of the first 

U.S. port of entry might constitute a violation if 

APHIS determines that the following three conditions 

have been met:

1. A pest regulated under the FRSMP 

program is found during port-of-entry 

inspections;

2. The broker or importer is provided 

written notification for example, via an 

EAN of the pest find and the APHIS 

imposed phytosanitary actions (which 

might include restricting or prohibiting 

the shipment from moving to a FRSMP 

State); and, 

3. An investigation reveals that the importer 

failed to follow the APHIS requirements 

stated in the EAN (or otherwise 

communicated to the importer) allowed 

the shipment to move to or remain in a 

FRSMP State.

Q: Can a shipment transit through a FRSMP 

State if it is found with a FRSMP pest? 

A: If a pest regulated under the FRSMP program 

is found in a shipment entering the United States, 

the importer will be notified (usually via an EAN) of 

the specific FRSMP States that restrict entry for the 

detected FRSMP pest. Once the shipment leaves 

the port of entry, APHIS must determine what actions 

are needed and appropriate, if any, to prevent the 

spread of the FRSMP pest. Importers should visit 

the FRSMP program Web site for specific guidance 

related to transiting shipments through FRSMP 

States.

Q: Will the phytosanitary actions required to 

mitigate a particular pest vary from State to State 

under FRSMP?

A: No. The phytosanitary actions required to 

mitigate a particular FRSMP pest will be the same 

for each FRSMP State that has entry restrictions on 

that specific FRSMP pest.

USDA is an equal opportunity provider and employer.

United States Department of Agriculture • Animal and Plant Health Inspection Service • Safeguarding American Agriculture

Q: What can I do to stay informed about the FRSMP 

program, including the pests that will be regulated 

and the States that are participating?

A: The FRSMP program Web site will be the primary 

source of information about the program. The list of 

Federally recognized State-managed phytosanitary 

programs and the pests that will be controlled under 

those programs will be available on the FRSMP 

program Web site. Importers will also find the FRSMP 

program manual and other important policy and 

program documents on the site. In addition, importers 

are strongly encouraged to subscribe to the APHIS 

Stakeholder Registry (select the Federally Recognized 

State Managed Phytosanitary Program topic under 

APHIS-Plant Health Information, Importation into 

the U.S.). As petitions to recognize State-managed 

phytosanitary programs are approved, PPQ will 

announce the programs and the regulated pests via the 

Stakeholder Registry.