United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

June 

2014

Initial Regulatory Flexibility Analysis

Interim Rule

APHIS-2013-0079

Amending the Khapra Beetle Regulations to Add 

New Countries and Hosts 7 CFR 319.75

Policy & Program Development

Policy Analysis & Development
i

Summary

Current regulations restrict the entry of certain articles known to host the khapra 

beetle, a destructive pest of grain products and seeds. The interim rule will codify

requirements of existing Federal Orders by adding commercial shipments of rice, chick pea, 

safflower seed, and soybean to the list of regulated articles requiring a phytosanitary 

certificate, and by prohibiting their importation in passenger baggage and personal effects. 

The amended regulations will broaden regulations on the importation of khapra beetle host 

material, such as jute or burlap bags, to all areas where khapra beetle has been detected. The 

interim rule will also add certain countries to the list of areas where khapra beetle is known 

to exist and move the list to the PPQ Web site, where it will be easier to make timely 

amendments. 

The U.S. entities that may be impacted by the rule are likely to be those involved in 

importing, handling, moving, processing, or selling regulated articles. The 2012 County Business 

Patterns (North American Industry Classification System) statistics corresponding to the Small 

Business Administration small-entity standards indicate that between 93 and 100 percent of these 

entities can be considered small. However, impacts of the rule are expected to be limited; the 

khapra beetle regulations on rice imports have been in place since July 2012, and on chick pea, 

safflower seed, and soybean imports since December 2011. None of the newly regulated areas 

(Kuwait, Oman, Qatar, the United Arab Emirates, and South Sudan, and the Palestinian 

Authority - West Bank) is an important source for the United States of major commodities 

known to host khapra beetle. 
ii
iii

Table of Contents

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

Introduction......................................................................................................................... 1

Reasons Action is Being Considered.................................................................................. 2

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

Potentially Affected Small Entities..................................................................................... 3

Projected Reporting, Recordkeeping, and Other Compliance Requirements..................... 7

Duplication, Overlap, or Conflict with Existing Rules and Regulations............................ 7

Alternatives to minimize Significant Economic Impacts of the Rule................................. 7
1

Introduction

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. This initial regulatory flexibility analysis describes expected impacts of this 

interim rule on small entities, as required by section 603 of the Act.

The khapra beetle is a destructive pest of grain products and seeds. Populations of the 

khapra beetle can increase rapidly under hot, dry conditions. Khapra beetle has earned a 

reputation as a dirty feeder since it damages more of a commodity than it actually consumes.1

The current regulations (7 CFR 319.75) restrict the entry of certain articles to prevent the

importation of khapra beetle. Examples are cucurbit seeds if in shipments greater than two 

ounces, not for propagation, and from certain listed countries; brassware and wooden screens 

from Bombay, India; whole chilies, whole red peppers, and cumin seeds in new jute or burlap 

bags from Pakistan; and goatskins, lambskins, and sheepskins (excluding ones fully tanned, 

blue-chromed, pickled in mineral acid, or salted and moist) from Sudan or India. 

The amended regulations will broaden restrictions on the importation of khapra beetle 

host material. For example, restrictions on jute or burlap bags will be extended to imports from 

all areas where khapra beetle has been detected. The interim rule will also codify the 

requirements of existing Federal Orders by adding commercial shipments of rice, chick pea, 

safflower seed, and soybean to the list of regulated articles requiring a phytosanitary certificate, 

and by prohibiting their importation in passenger baggage and personal effects. The interim rule 

will add new areas where the khapra beetle has been found to the list of regulated areas, 

 

1 USDA–APHIS–PPQ. 1983. Khapra Beetle. Pests Not Known To Occur in the United States or of Limited 

Distribution. APHIS 81-43, # 30; pp. 1-11.
2

including Kuwait, Oman, Qatar, the United Arab Emirates, South Sudan, and the Palestinian

Authority - West Bank, and move the list to the PPQ Web site, where it will be easier to make 

timely amendments. 

Reasons Action is Being Considered

Khapra beetle has been detected in more commodities at ports of entry in recent years by

Customs and Border Protection. If khapra beetle were to become established in the United 

States, producers of host crops and related agricultural industries would face economic losses

and costs of mitigating the spread of this pest. APHIS is amending the khapra beetle regulations 

to better prevent the importation of khapra beetle from countries known to host the pest. 

Objectives of and Legal Basis for the Rule

The objective of the interim rule is to amend the current regulations under Title 7 

§ 319.75 through 319.75-9 of the Code of Federal Regulations to prevent the entry of khapra 

beetle on host commodities. The amended regulations will add additional host material and 

regulated countries to the khapra beetle regulations; reflect changes in industry practices that 

have affected the risk of khapra beetle being imported into the United States; update country

names that have changed; and move the list of countries where khapra beetle is known to occur 

from the regulations to the Plant Protection and Quarantine Web site, thereby enabling APHIS to 

make more timely amendments to these regulations. 

The Plant Protection Act (Public Law 106-224, June 20, 2000) is the statutory basis for 7 

CFR 319. It authorizes the Secretary of Agriculture to implement programs and policies 

designed to prevent the introduction and spread of plant pests and diseases. 
3

Potentially Affected Small Entities

Any entity involved in growing, handling, moving, processing, or selling newly regulated 

articles named in the interim rule could be affected.

2

 However, khapra beetle import regulations 

on rice, chick pea, safflower seed, and soybean will simply codify established Federal Order

restrictions. The U.S. entities that may be impacted by the rule are likely to be those involved in 

importing, handling, moving, processing, or selling regulated articles. The associated costs are 

likely to be marginal, especially in comparison to the long-term benefits of protecting against the

potential economic losses from introduction of khapra beetle into the United States.

Rice

Entities that could be affected by the inclusion of rice as an article regulated for khapra 

beetle are those entities involved in importing, selling, handling, moving, or processing rice. 

They are most likely found within the following North American Industry Classification System 

(NAICS) categories: 

 311212, ‘Rice Milling’3;

 311213, ‘Malt Manufacturing’4; 

 311230, ‘Breakfast Cereal Manufacturing’5;

 311412, ‘Frozen Specialty Food Manufacturing’6;

 

2

Stibick, J. 2007. New Pest Response Guidelines: Khapra Beetle. USDA–APHIS–PPQ–Emergency and Domestic 

Programs, Riverdale, Maryland. [http://www.aphis.usda.gov/import_export/plants/manuals/online_manuals.shtml]

3

This U.S. industry comprises establishments primarily engaged in one of the following: (1) milling rice; (2) 

cleaning and polishing rice; or (3) milling, cleaning, and polishing rice. The establishments in this industry may 

package the rice they mill with other ingredients.

4

In addition to rice, this U.S. industry classification also comprises establishments primarily engaged in 

manufacturing malt from barley, rye, or other grains.

5 This industry comprises establishments primarily engaged in manufacturing breakfast cereal foods, including corn, 

barley, rye or other grains.

6 This U.S. industry comprises establishments primarily engaged in manufacturing frozen specialty foods that may 

or may not include rice.
4

 311423, ‘Dried and Dehydrated Food Manufacturing’7;

 311999, ‘All Other Miscellaneous Food Manufacturing’8;

 424490, ‘Other Grocery and Related Products Merchant Wholesalers’9; and 

 424510, ‘Grain and Field Bean Merchant Wholesalers’.10

The Small Business Administration (SBA) has established standards for determining 

when entities are considered small. Any entity classified within NAICS 311212, 311213, 

311412, 311423, or 311999 is considered small with 500 or fewer employees, and an entity 

within NAICS 311230 is considered small with 1,000 or fewer employees. 

Any entity classified within ‘Other Grocery and Related Products Merchant Wholesalers’

(NAICS 424490) or ‘Grain and Field Bean Merchant Wholesalers’(424510) is considered small 

by SBA standards if it employs not more than 100 persons.11 In 2012, there were 13,699 other 

grocery and related products merchant wholesalers in the United States with a total of 269,958 

paid employees. Approximately, 96 percent of the establishments in this category employed 

fewer than 100 people.12 It is likely that domestic fruit merchant wholesalers that may be 

affected by the rule are predominantly small entities. In 2012, there were 4,761 grain and field 

bean merchant wholesalers in the United States with a total of 49,444 paid employees. 

Approximately, 99 percent of the grain and field bean merchant wholesale establishments 

employed fewer than 100 people.

 

7 This U.S. industry comprises establishments primarily engaged in (1) drying (including freeze-dried) and/or 

dehydrating fruits, vegetables, and soup mixes and bouillon and/or (2) drying and/or dehydrating ingredients and 

packaging them with other purchased ingredients, such as rice and dry pasta. This category includes rice mixes.

8 This U.S. industry also includes establishments primarily engaged in mixing purchased dried and/or dehydrated 

ingredients including rice mixes made from purchased rice.

9 This U.S. industry includes merchant wholesalers of polished rice.

10 This U.S. industry includes merchant wholesalers of unpolished rice.

11 U.S. Small Business Administration, Table of Small Business Size Standards http://www.sba.gov/content/tablesmall-business-size-standards 

12 U.S. Economic Census,2012 County and Business Patterns (CBP) data. 

http://www.census.gov/econ/cbp/index.html
5

Any entity classified within ‘Rice Milling’(NAICS 311212), ‘Malt Manufacturing’

(NAICS 311213), ‘Frozen Specialty Food Manufacturing’ NAICS (311412), ‘Dried and 

Dehydrated Food Manufacturing’(NAICS 311423), or ‘All Other Miscellaneous Food 

Manufacturing’(NAICS 311999) is considered small by SBA standards if it employs not more 

than 500 persons. In 2012, there were 68 rice milling establishments in the United States with a 

total of 3,631 paid employees. Out of the 68 rice milling establishments, 99 percent employed 

fewer than 500 people. In 2012, there were 32 malt manufacturers in the United States with a 

total of 1,172 paid employees and 100 percent of these establishments employing fewer than 500 

people. In 2012, there were 463 frozen specialty food manufacturersin the United States with a 

total of 54,280 paid employees, and 93.5 percent of these establishments employed fewer than 

500 people. In 2012, there were 205 dried and dehydrated food manufacturers in the United 

States with a total of 14,010 paid employees. All of these establishments employed fewer than 

500 people. In 2012, there were 641 establishments classified under all other miscellaneous food 

manufacturing in the United States with a total of 26,497 paid employees. Nearly 99 percent of 

these establishments employed fewer than 500 people.13

Any entity classified within ‘Breakfast Cereal Manufacturing’ (NAICS 311230) are

considered small by SBA standards if they employ not more than 1000 persons.14 In 2012, there 

were 63 breakfast cereal manufacturers in the United States, with approximately 98 percent 

employing fewer than 1,000 people.15

Soybean and Safflower seed

 

13 U.S. Economic Census,2012 County and Business Patterns (CBP) data. 

http://www.census.gov/econ/cbp/index.html

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

http://www.sba.gov/content/table-small-business-size-standards 

15 The total number of paid employees is not known. 
6

Entities that could be affected by the inclusion of soybean and safflower seed as an article 

regulated for khapra beetle are those entities involved in importing, selling, handling, moving, or 

processing soybeans. They are most likely found within the following NAICS categories: 

 311224, ‘Soybean and Other Oilseed Processing’;

 311225, ‘Fats and Oils Refining and Blending’16;

 325211, ‘Plastics Material and Resin Manufacturing’17;

 325220, ‘Artificial and Synthetic Fibers and Filaments Manufacturing’18; and

 424510, ‘Grain and Field Bean Merchant Wholesalers’.19

Any entity classified within ‘Grain and Field Bean Merchant Wholesalers’ (NAICS 

424510) is considered small by SBA standards if they employ not more than 100 persons.20 In

2012, there were 4,761 grain and field bean merchant wholesalers in the United States with a 

total of 49,444 paid employees. Approximately, 99 percent of the grain and field bean merchant 

wholesalers establishments in employed fewer than 100 people.

Any entity classified within ‘Plastics Material and Resin Manufacturing’ (NAICS 

325211) are considered small by SBA standards if they employ not more than 750 persons.21 In

2012, there were 1,161 plastics material and resin manufacturing in the United States with a total 

of 69,352 paid employees. More than 98 percent of the establishments in this category employed 

fewer than 750 people.22

 

16 This U.S. industry includes soybean cooking oil made from purchased oils.

17 This U.S. industry includes manufacturing of soybean plastics.

18 This U.S. industry includes manufacturing of soybean fibers and filaments

19 This U.S. industry includes merchant wholesalers of soybeans.

20 U.S. Small Business Administration, Table of Small Business Size Standards http://www.sba.gov/content/tablesmall-business-size-standards 

21 U.S. Small Business Administration, Table of Small Business Size Standards http://www.sba.gov/content/tablesmall-business-size-standards 

22 U.S. Economic Census, 2012 County and Business Patterns (CBP) data. 

http://www.census.gov/econ/cbp/index.html
7

Any entity classified within ‘Soybean and Other Oilseed Processing’ (NAICS 311224),

‘Fats and Oils Refining and Blending’ (NAICS 311225), or ‘Artificial and Synthetic Fibers and 

Filaments Manufacturing’ (NAICS 325220) is considered small with 1,000 or fewer employees. 

In 2012, there were 153 soybean and other oilseed processing establishments, 133 fats and oils 

refining and blending establishments, and 121 manufacturers of artificial and synthetic fibers and 

filaments. More than 98 percent of the establishments in these categories employed fewer than 

1000 people.

Projected Reporting, Recordkeeping, and Other Compliance 

Requirements

Reporting and recordkeeping requirements associated with the interim 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 interim rule with 

other Federal rules.

Alternatives to minimize Significant Economic Impacts of 

the Rule

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

have a significant economic impact on small entities. Principally, the interim rule will codify the 

requirements of Federal Orders by adding rice, chick pea, safflower seed, and soybean to the list 
8

of regulated articles in § 319.75-2, and broaden restrictions on the importation of khapra beetle 

host material to all areas where this pest has been detected.

We have prepared this initial 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.