United States 

Department of 

Agriculture

Marketing and 

Regulatory 

Programs

Animal and 

Plant Health 

Inspection 

Service

Proposed Rule for the 

Importation of 

Mexican Hass Avocados 

to All States

Environmental Assessment, 

April 2004
Proposed Rule for the

Importation of Mexican Hass

Avocados to All States

Environmental Assessment,

April 2004

Agency Contact:

Dr. Inder P. Gadh

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 20874–1236

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. Background ............................... 1

B. Purpose and Need for Action ............... 2

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

A. No Action .................................. 3

B. Proposed Rule to Allow for Importation of 

Hass Avocados to All States 

(Preferred Alternative) ..................... 6

III. Environmental Impacts of the Proposed Action 

and Its Alternatives ............................ 6

IV. Special Considerations ........................ 8

A. Environmental Justice ..................... 8

B. Protection of Children’s Health ............. 8

C. Endangered and Threatened Species ....... 8

V. Conclusion ................................... 9

VI. References .................................. 10

VII. Consultation and Review ..................... 11
1

I. Need for Proposed Action

The United States Department of Agriculture (USDA), Animal and Plant

Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ)

is proposing to amend the regulations for the importation of plants and plant

products (7 Code of Federal Regulations (CFR) part 319) to allow for the

importation of Hass Avocados from Mexico into the United States during the

entire year. 

A. Background 

In 2001, the U.S. Department of Agriculture (USDA), Animal and Plant

Health Inspection Service (APHIS), amended 7 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 319.56

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

States. The regulation 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 approved

States under permit issued in accordance with the regulations. The avocados

may be imported between October 15 and April 15 of the following year. 

The avocados are to be distributed only in the following States: Colorado,

Connecticut, Delaware, the District of Columbia, Idaho, Illinois, Indiana,

Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,

Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey,

New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota,

Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

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 are

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 to or not widely distributed in the United States. 

APHIS has responsibility for taking actions to exclude, eradicate, and /or

control plant pests, including pests known to follow the pathway of Hass

avocados imported from Michoacan, Mexico, under the Plant Protection Act

(7 United States Code (U.S.C.) 7701 et seq.). APHIS has been delegated
2

the authority to administer these statutes and has promulgated Quarantines

and Regulations (7 CFR 319) which regulate the importation of commodities

and means of conveyance to help protect against the introduction and spread

of harmful plant pest species, provide for the control, and minimize the

economic, ecological, and human health impacts that harmful pests can cause. 

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

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

remove the distribution restrictions on Hass avocados and allow the 

importation of Hass avocados from Mexico into all States year round. All

other conditions and safeguards currently in the regulation would remain

applicable for the importation of Hass avocados from Michoacan, Mexico.

B. Purpose and Need for Action

The purpose of this proposed rule change is to remove certain restrictions on

the importation of Mexican Hass avocados and expand the geographic area

of distribution to all States. This rule would allow for year-round shipping to

all States.

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. 

The Government of Mexico has requested APHIS to further expand the

importation of Hass avocados into the United States in accordance with the
3

Sanitary Phytosanitary (SPS) agreement under the North American Free

Trade Agreement (NAFTA). In responding to this request, APHIS has

completed a risk assessment, Importation of Avocado Fruit (Persea 

americana Mill. var. ‘Hass’) from Mexico, analyzing the risks of expanding

the existing avocado program. This proposed change would include the

removal of geographic and seasonal restrictions on the importation of Hass

avocados from Mexico. APHIS must consider such requests 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 determined it is consistent with

international trade agreements for facilitating trade. The Council on

Environmental Quality’s (CEQ) implementing regulations for the National

Environmental Policy Act of 1969 (NEPA) (42 United States Code (U.S.C.)

4321 et seq.) requires Federal agencies to “[b]riefly provide sufficient

evidence and analysis for determining whether to prepare an environmental

impact statement or a finding of no significant impact” 40 CFR 1508.9 (a) (1).

This environmental assessment (EA), Proposed Rule for Import of Mexican

Hass Avocados to All States, dated March 2004, 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. This

EA complies with the provisions of NEPA (42 U.S.C. 4321–4327), CEQ’s

NEPA implementing regulations (40 CFR 1500–1508), and Executive Order

12114, Environmental Effects Abroad of Major Federal Actions.

II. Alternatives

The alternatives considered include (1) 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 (2) a proposed change to

the Fruits and Vegetables regulation that would allow for year- round

importation to all 50 States. Each is described briefly in this section and the

potential impacts of each are considered in the following section.

A. No Action

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), would remain the same. 
4

The importation of Mexican avocados is managed using a systems approach. 

The current regulations allow for fresh Mexican Hass avocados to be

imported from Michoacan, Mexico, into the United States for distribution to

approved States and only under a permit with the following conditions:

(a) The avocados may be imported in commercial shipments only.

(b) The avocados may be imported only between October 15 and 

April 15 of the following year.

(c) The avocados may only be distributed in the following States: Colorado,

Connecticut, Delaware, the District of Columbia, Idaho, Illinois, Indiana,

Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan,

Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey,

New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South

Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin, and

Wyoming. 

In addition to the above conditions, other safeguarding measures are also

required including field surveys, trapping activities, field sanitation, host

resistance, post-harvest safeguards, winter shipping, packinghouse inspection,

and port of arrival inspections.

1. Field

Surveys

The municipality must be approved by APHIS and surveyed at least annually

and found to be free of Mediterranean fruit fly, Ceratitis capitata, the large

avocado seed weevil, Heilipus lauri, the small avocado seed weevils,

Conotrachelus aguacatae, Contrachelus perseae, and the avocado seed

moth, stenoma catenifer. Certification is dependent upon pests not being

found in the orchards. The surveys include foliage sampling, fruit cutting, and

visual inspection. The surveys must be conducted during the growing season

and completed prior to the harvest of the avocados.

2. Trapping Trapping must be conducted in the orchard for the fruit flies Anastrepha

ludens, A. serpentina, and A. striata. If one fruit fly is trapped, at least 

10 additional traps are set in a 50-hectare area immediately surrounding the

trap find. If another fruit fly is found within 30 days in a surrounding area of

260 hectares of the initial find, malathion bait treatments must be applied in the

affected orchard in order for the orchard to remain eligible to export

avocados. 
5

3. Field

Sanitation

It is the responsibility of the avocado grower or orchard owner to perform

sanitation measures. Dead branches on avocado trees in the orchard must be

pruned and removed from the orchard. Fallen fruit must be collected and

removed weekly. 

4. Host

Resistance

Hass avocados are easily identified from other varieties by their pebbly skin

texture, characteristic shape and size, and black color when ripe. They offer a

natural resistance to pests and are a very poor host to certain Anastrepha

spp. found in Mexico. 

5. Postharvest

Safeguards

Harvested avocados must be placed in field boxes or field containers that are

marked with the approved orchard registration number. The avocados must

be moved from the orchard to the packinghouse within 3 hours of harvest or

they must be protected from fruit fly infestation until moved. At the

packinghouse, the identity of the orchard must be maintained from the field

boxes to the shipping containers. Prior to packing in boxes, each avocado

must be cleaned of all stems, leaves, and other portions of plants, and labeled

with the registration of the packinghouse. All avocados must be packed in

clean, new boxes, or clean plastic reusable crates. The boxes or crates must

be clearly marked with the identity of the grower, packinghouse, and

exporter, and a specific statement regarding States where the avocados are 

“not for distribution.” 

The boxes of avocados must be placed in a refrigerated truck or container

and remain in that truck or container under seal while in transit through

Mexico to the port of first arrival in the United States. All shipments of

avocados must be accompanied by a phytosanitary certificate issued by

Sanidad Vegetal certifying that the conditions specified in the regulation have

been met.

6. Winter

Shipping

The current regulation limits the shipment and distribution of Mexican Hass

avocados to the timeframe between October 15 and April 15 of the following

year.

7. Packinghouse 

Inspection

and Fruit

Cutting

The packinghouse must be registered with Sanidad Vegetal and must be listed

as an approved packinghouse in their annual work plan as provided to

APHIS. The operations of the packinghouse must meet the following

conditions: (a) accept fruit only from orchards certified by Sanidad Vegetal

for participation in the avocado export program, (b) all openings to the

outside must be covered by screening with openings of not more than 1.6 mm

or by some other barrier that prevents the entry of insects, (c) it must have
6

double doors at the entrance of the facility and at the interior entrance to the

avocado packing area, (d) prior to the culling process, a sample must be

selected per shipment, cut and inspected by Sanidad Vegetal and found free

from pests, (e) identity of the avocados must be maintained from field boxes

or containers to the shipping boxes, (f) each avocado fruit must be cleaned of

all stems, leaves, and other plant parts and labeled with a packinghouse

registration number, (g) the avocados must be packed in clean new boxes or

plastic reusable crates and clearly marked with the identity of the grower,

packinghouse, exporter, and statement of “Not for distribution in States,” (h)

boxes must be placed in a refrigerated truck or refrigerated container and

sealed while in transit through Mexico to the United States and, (i) any

avocados that have not been packed or loaded for shipment must remain in

the screened packing area. These are the current measures in 7 CFR 319.56

designed to regulate Mexican Hass avocados into the United States. 

B. Proposed Rule to Allow for Importation of Hass

Avocados to All States (Preferred Alternative)

The proposed rule is very similar to the current regulation with its conditions of

entry as maintained in the systems approach (a defined set of phytosanitary

measures, at least two of which have an independent effect in the mitigation of

pest risk associated with the movement of commodities). Currently, the

regulation allows for limited importation of Hass avocados from Mexico into

31 States and the District of Columbia. Also, avocados may only be

imported between October 15 and April 15 of the following year. 

This alternative would change 7 CFR part 319, according to the proposed

rule, and allow the importation of fresh Mexican Hass avocados (Persea

americana Mill. var. ‘Hass’) from Michoacan, Mexico year-round to all

States. The same mitigation measures and requirements in the current

regulation for importation of Hass avocados from Mexico would remain in

effect as an additional safeguard measure. 

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

stem weevil, one species of seed moth, and several species of exotic fruit flies. 
7

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

agriculture. In responding to the Mexican proposal to remove certain

restrictions on the importation of Hass avocados from the State of

Michoacan, Mexico, APHIS officials prepared a pest risk assessment dated

February 2004, Importation of Avocado Fruit (Persea americana Mill.

var.‘Hass ’) from Mexico.

Mexico uses a systems approach to export avocados to the United States. 

The pest risk analysis that supported the present regulation also supports the

proposed alternative for removal of all restrictions on the importation of Hass

avocados from Mexico. 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 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. 

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

United States and threaten to become established, 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 threatens to become 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 EA would be

conducted to look at the site-specific details necessary to eradicate the pest. 
8

Any eradication plan or program would not be undertaken before a separate

environmental process was completed.

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, APHIS

considered the potential for disproportionately high and adverse human health

or environmental effects on any minority populations. The proposed

application for the importation of Hass avocados to all States will not result in

adverse human health or environmental effects on any minority and lowincome populations. 

B. Protection of Children’s Health

Consistent with Executive Order 13045, Protection of Children From

Environmental Health Risks and Safety Risks (62 FR 19885–19888), APHIS

considered the potential for disproportionately high and adverse environmental

health and safety risks to children. It was determined that no disproportionate

effects on children are anticipated as a consequence of implementing the

preferred alternative.

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 is not likely to adversely affect threatened and endangered

species or their habitats. 
9

V. Conclusion

APHIS finds that the evidence, assumptions, and conclusions of the 2004 risk

assessment, Importation of Avocado Fruit (Persea americana Mill.

var.‘Hass’) from Mexico support the proposed changes in the regulation for

importation of Hass avocados. In 6 years of experience, the surveys,

inspections, and fruit cuttings have not detected the presence of any insect

pests in the importation of Mexican Hass avocados. The results of the risk

assessment indicate that the risk of a plant pest outbreak occurring in the

United States from this action, if the proposal is adopted, is highly unlikely

and, therefore, the risk to the quality of the human environment appears to be

insignificant. 
10

VI. References

USDA, 2004. Importation of Avocado Fruit (Persea americana Mill. var.

Hass ) from Mexico. A Risk Assessment. February 2004, USDA, APHIS,

PPQ, CHPST, MD.

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.
11

VII. Consultation and Review

Individuals within APHIS staffs were contacted for information or to review

documents during the preparation of this EA. 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