Fruit and Vegetable Streamlining Rule

“Establishing a Performance Standard for Authorizing 

the Importation and Interstate Movement of Fruits and 

Vegetables”

(7 CFR 318 and 319)
What does this rule do

This rule will enable APHIS to use the noticed-based

process to approve ALL new fruits and vegetables for

importation from foreign countries and interstate movement

from Hawaii and U.S. territories.

Under this process, amendments to the Federal Regulations

are not needed and approval is done via the publication of

notices in the Federal Register
Why is it necessary?

• Currently, import and interstate movement 

requirements for fruits and vegetables are 

codified in 7 CFR 319.56 and 318.13

• To make changes to the import and movement 

requirements, changes have to be done through 

rulemaking

• Process is slow; limits our ability to respond

quickly to new import requests and to make

changes to requirements
Previous Streamlining Rule

In 2007, APHIS published a rule that established a notice-based 

process for approving the importation of fruits or vegetables as 

long as they met one or more of the following conditions:

– Inspection at the first port of entry in the United States;

– Imported from a designated pest free area; 

– Treated under 7 CFR 305; 

– Phytosanitary inspection at the country of origin; or 

– Imported as commercial shipments only. 
• In 2009, APHIS expanded the notice-based process to 

include interstate movement of fruits and vegetables 

from Hawaii and U.S. Territories.
Expanded Streamlining Rule

This NEW action will add more categories of performance 

measures that can be used in the notice-based process.

1. Phytosanitary treatments, including pest control treatments 

in the field or growing site, and post-harvest treatments

2. Growing area pest mitigations including detection surveys, 

trapping requirements, pest exclusionary structures, and 

field inspections;
3. Safeguarding and movement mitigations including 

safeguarded transport, box labeling, limited distribution, 

insect-proof boxes, and commercial consignments only

4. Administrative mitigations including registered fields or 

orchards, registered growing sites, registered packinghouses, 

inspection in the country of origin by an authorized inspector 

(APHIS or NPPO), and monitoring through an operational 

workplan

5. Any other measures that the Administrator determines are 

appropriate.
This proposed rule will also remove the commodity specific 

requirements found in the CFR

• 7 CFR 319.56-13 through 71 (Fruits and Vegetables)

• 7 CFR 318.13-16; 318.13-18 through 22 and 318.13-24 through 26 (Hawaii 

and the Territories)

Requirements will instead be maintained in PPQ’s Fruit and 

Vegetable Manual, the Fruits and Vegetables Import 

Requirements (FAVIR) database, and in the Hawaii and Puerto 

Rico Manual.

In addition to the Federal Register Notices, updates to the 

manuals will be announced via the PPQ Stakeholder Registry.
Q 56
Subpart 318
This action will not alter our science-based process for approval

• Stakeholders have 30 days to review draft pest risk assessments.

• APHIS will publish an initial notice and a final notice for each action. 

• The public has 60 days to provide comments on the initial notice 

• APHIS will respond to comments in the same manner it responds to 

comments on a proposed rule. 

• Substantive comments are addressed in the final notice, published prior to 

issuing import permits for that commodity.
Benefits of Streamlining

• Allow APHIS be more responsive to evolving pest situations

• Could decrease the amount of time it takes APHIS to approve 

the importation or interstate movement of fruits and vegetables
Notice Process vs. Rulemaking

Step Notice-based 

process

Rulemaking Description

1 Request to authorize the import or 

move interstate a new fruit or 

vegetable

x X APHIS receives a request to authorize 

the import or interstate movement of a 

new fruit or vegetable from a national 

plant protection organization or 

State/Territorial officials.

2 Pest risk assessment and 

stakeholder consultation

x X APHIS conducts a pest risk 

assessment. The assessment is posted 

on the APHIS website for a 30-day 

stakeholder consultation period.

3 Risk mitigation requirements x X APHIS drafts risk mitigation documents 

outlining necessary measures.

4 Departmental clearance x X Officials in USDA review 

5 OMB review X Officials in OMB review a description of 

each proposed action and determine 

whether to conduct a formal review of 

the proposed rule.

OMB notification x APHIS notifies OMB of its intent to 

publish an initial notice, providing an 

opportunity for OMB oversight.
Notice Process vs. Rulemaking Cont.

Step Notice-based 

process

Rulemaking Description

6 Economic impact 

analysis

X APHIS conducts an economic impact analysis, per the 

requirements of the Regulatory Flexibility Act. 

7 Proposed rule x APHIS publishes a proposed rule in the Federal Register and 

solicits public comments for 60 days.

Initial notice x APHIS publishes an initial notice in the Federal Register and 

solicits public comments for 60 days.

8 Departmental 

clearance

x x Officials in USDA review 

9 OMB review x Officials in OMB review a description of each final action and 

determine whether to conduct a formal review of the final rule. 

OMB notification x APHIS notifies OMB of its intent to publish a final notice, 

providing an opportunity for OMB oversight.

10 Final rule x APHIS publishes a final rule in the Federal Register to 

address public comments and authorize the commodity 

import. Requirements for the commodity are codified in the 

U.S. Code of Federal Regulations.

Final notice x APHIS publishes a final notice in the Federal Register to 

address public comments and authorize the commodity 

import. Requirements for the commodity are posted in the 

FAVIR database, the Fruit and Vegetable Manual, or the 

Hawaii and Puerto Rico Manual.
Questions?