United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

August 2013

Final Regulatory Flexibility Analysis

Final Rule

APHIS 2012-0078

RIN 0579-AD72

Importation of female squash flowers

(Cucurbita pepo L.) from Israel 

Policy & Program Development

Policy Analysis & Development
i

Summary

This final rule will amend the regulations to allow, under certain conditions, the 

importation of female squash flowers (Cucurbita pepo L.) from Israel into the continental United 

States. Squash flowers have gained in popularity as an elegant way to garnish dishes, desserts,

and salads, and as an ingredient in other dishes. Marketing of commercially grown edible 

flowers is typically directed to clientele at upscale restaurants.

Farms that solely produce squash flowers are rare. The blossoms are typically a byproduct of squash fruit production. Squash is commercially produced throughout the United 

States, but principally in Michigan, California, Florida, and Georgia. 

The Small Business Administration’s small-entity standard for U.S farms that produce 

squash is annual receipts of not more than $750,000. In 2007, the average market value of sales 

by the 11,821 U.S farms that produced squash was about $17,222, well below the small-entity

standard. We infer that by far most farms producing squash, including farms producing squash 

flowers, are small entities.

Israel is expecting to export 10 metric tons of fresh female squash flowers annually to the 

United States. We do not know the quantity or value of female squash flower production in the 

United States, or the quantity or value of female squash flowers imported from other countries. 

Without basic production and trade information, we are unable to evaluate potential impacts of 

this final rule. 
ii

Table of Contents

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

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

Need for and Objectives of the Rule................................................................................... 2

Significant Issues raised by Public Comment in response to the Initial Regulatory

Flexibility Analysis............................................................................................................. 3

Comments filed by the Small Business Administration in response to the Proposed Rule 4

Potentially Affected Small Entities..................................................................................... 5

Projected Reporting, Recordkeeping, and Other Compliance Requirements..................... 5

Steps taken by APHIS to minimize Significant Economic Impacts on Small Entities ...... 6
iii

Introduction

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

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

jurisdictions. This final regulatory flexibility analysis describes expected impacts of this rule on 

small entities, as required by section 604 of the Act.

APHIS received a request from Israel to authorize the importation of fresh female squash 

flowers (Cucurbita pepo L.) into the continental United States. In response to Israel’s request, 

APHIS developed a risk assessment identifying mitigation measures that will prevent the 

introduction of plant pests in commercial shipments. Under this risk assessment, female squash 

blossoms will enter the United States under a systems approach. The systems approach includes 

measures such as growing in registered production areas, phytosanitary certification, inspection 

at the port entry, and labeling of containers transporting blossoms. 

Female squash flowers have gained in popularity as an elegant way to garnish dishes, 

desserts, and salads, and as an ingredient in other dishes. Squash blossoms are marketed as

individually-wrapped male or female flowers. Marketing of commercially grown edible flowers 

is typically directed to clientele at upscale restaurants. Harvesting and sale of squash blossoms is 

time-sensitive; they must me picked before growth of the squash fruit, and they have a maximum 

shelf life of two days.1

 

1 The Packer online news. 

http://www.thepacker.com/Spring-interest-blossoms-in-squash-flowers-babies-140306443.html
2

Squash flowers are a by-product of squash production. Production of squash plants 

solely for the purpose of harvesting the flowers is rare.2Israel expects to export 10 metric tons 

(MT) of female squash flowers to the continental United States per year. Lack of production and 

trade data specific to female squash flowers prevents an informed examination of expected 

market effects of the final rule. 

U.S. squash production will not be affected by this final rule. However, as context, we 

provide information on U.S. squash production levels, 2009-2011, in table 1. In 2011, the 

United States produced 337,337 MT, up from 327,448 MT in 2009. Florida was the largest 

supplier over the three-year period shown in table 1, with an average production of 60,000 MT 

followed by Michigan (59,000 MT), California (56,000 MT), and Georgia (30,000 MT). The 

percentage share of U.S. production by these four States averaged 64 percent.

 

2

Institute of Food and Agricultural Services - University of Florida.
3

Table 1. Squash production in Michigan, California, Florida, Georgia, and nationally, 2009-

2011

State 

Average

2009-2011

2009 2010 2011

Florida 51,891 49,532 78,245 59,889 

Michigan 61,915 59,874 55,157 58,982

California 55,248 60,781 52,435 56,155

Georgia 48,081 21,772 21,228 30,360

Total U.S production 327,448 305,177 337,337 323,321

Total Production of listed States 217,135 191,960 207,065 205,387

Percentage share of listed States 66% 63% 61% 64%

 Production (Metric Tons) 

Source: NASS Statistics of Vegetables and Melons, 

http://www.nass.usda.gov/Publications/Ag_Statistics/2011/Chapter04.pdf

Need for and Objectives of the Rule

The final rule is in response to a request made by the government of Israel for APHIS to 

amend the regulations to allow for the commercial shipment into the United States of fresh 

female squash flowers, Cucurbita pepo L. A systems approach will be used to mitigate the risks 

posed by certain plant pests. 

The objective of this final rule is to allow female squash flowers to be imported into the 

United States from Israel. 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 final rule is 

part of a continuing program to allow the importation, under certain conditions, of foreign 

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

or diseases into the United States.
4

Significant Issues raised by Public Comment in response to 

the Initial Regulatory Flexibility Analysis

No significant issues were raised in response to the Initial Regulatory Flexibility

Analysis. However, one commenter stated that there would be no public benefit from importing 

female squash flowers other than, at best, a slight decrease in price; the risk to domestic 

agriculture could be enormous; there would be additional costs to the United States Government 

for enforcing compliance; and the rule contains no provision for importers to pay a bond that 

would compensate domestic farmers for harm caused by failure to abide by the import 

requirements. 

In response to this commenter’s concerns, APHIS agrees that there could be a slight 

decrease in price because of an additional supply of female squash flowers, providing a net 

benefit to the economy. We disagree with the commenter’s concern that the rule may cause 

enormous risk to domestic farmers. APHIS has determined that under the prescribed systems 

approach the stated mitigations will adequately reduce the risk of quarantine pests entering the 

United States. 

This final rule will not result in additional compliance enforcement costs for the U.S. 

Government. Agricultural quarantine and inspection (AQI) services provided by APHIS and 

Customs and Border Protection of the Department of Homeland Security are principally funded 

through user fees, not taxpayer dollars. AQI budgetary planning takes into account expanding 

demand for AQI services. Lastly, APHIS has no expectation that importers and other parties will 

not abide by the phytosanitary requirements of the rule. 
5

Comments filed by the Small Business Administration in 

response to the Proposed Rule

No comments were filed by the Small Business Administration. 

Potentially Affected Small Entities

Squash flower production is classified within the North American Industry Classification 

System under other Vegetables (except Potato) and Melon Farming (NAICS 111219). The 

Small Business Administration classifies a business in this industry as small if its annual receipts 

are not more than $750,000.3The latest data on the number of farms that produce squash are 

found in the 2007 Census of Agriculture. In 2007, the average market value of squash sold by

farms was about $17,222.4 We infer that the majority of farms producing squash and squash 

flowers are small entities. 

Table 2 shows that between 2002 and 2007, the number of farms producing squash 

increased from 11,035 to 11,821, while the area from which squash was harvested decreased 

from 71,236 acres to 54,454 acres. In 2007, Michigan, California, Florida, and Georgia had 14 

percent of the nation’s squash farms and 46 percent of squash acreage.

 

3

Small Business Administration Table of Small Business Size Standards 

http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf

4

2007 U.S Census of Agriculture and NASS Statistics of Vegetables and Melons 

http://www.nass.usda.gov/Publications/Ag_Statistics/2011/Chapter04.pdf
6

Table 2. U.S squash: Number of farms and area harvested in leading States, 2002 and 

2007

State

Number of

farms in 2007

Number of 

Farms in 2002

2007 2002

U.S 11,821 11,035 54,454 71,236

California 706 830 5,535 10,302

Florida 188 406 7,349 9,692

Michigan 582 802 7,513 7,341

Georgia 184 238 4,502 9,013

Wisconsin 547 625 1,003 1,243

Minessota 476 387 931 908

New Jersey 297 588 3,453 3,760

New York 742 1098 3,896 4,226

North Carolina 503 351 2,864 2,864

Arizona* 1253 49 689 324

Others 7,596 5,710 17,408 21,887

Share of U.S:

Top State 0.06 0.10 0.14 0.14

Top three states 0.17 0.25 0.37 0.41

Top five states 0.26 0.36 0.53 0.57

Highest 

production States 

(from table 1)

0.14 0.21 0.46 0.51

Source: Census of Agriculture, 2007 and 2002.

*Owned by the Navajo Reservation, therefore, they are not included in the total of number of farms.

Number Acres 

Percent 

Projected Reporting, Recordkeeping, and Other Compliance 

Requirements

Reporting and recordkeeping requirements associated with the final rule are discussed in 

the rule under the heading "Paperwork Reduction Act." There will be no compliance costs 

specific to this rule for U.S. small entities.
7

Steps taken by APHIS to minimize Significant Economic 

Impacts on Small Entities

Based on our review of available information, APHIS does not expect the rule to have a 

significant economic impact on small entities. We have prepared this final regulatory flexibility

analysis because our understanding of possible economic effects of the rule on small entities is 

incomplete. In the absence of apparent significant economic impacts, we have not identified 

alternatives that would minimize such impacts.