United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

July 2011

Final Regulatory Flexibility Analysis

Final Rule

10-005-2

RIN 0579-AD36

Importation of Bromeliad Plants in Growing 

Media from Belgium, Denmark and the 

Netherlands

Policy & Program Development

Policy Analysis & Development
i

Summary

The current regulations allow the importation of bromeliad plants under certain 

conditions, including that they be free of sand, soil, earth, and other growing media. This rule 

will allow the importation into the United States of bromeliad plants in approved growing media 

from Belgium, Denmark, and the Netherlands. Bromeliad plants are most commonly used as 

houseplants or landscape ornamentals in warmer climates.

Most wholesale nurseries that sell bromeliads within the United States are located in 

Florida. Based upon a survey conducted in April 2011, the Florida Nursery, Growers and 

Landscape Association found that there are seven nurseries in that State that import immature

bromeliad plants from the three European countries for finishing before sale to retailers. These 

businesses will be directly affected by the rule. Under the rule, producers in Belgium, Denmark, 

and the Netherlands will be able to ship mature bromeliad plants in growing media directly to 

U.S. retailers. Although the rule will allow the European suppliers to bypass domestic nurseries 

and provide finished plants directly to U.S. retailers, such a scenario is not considered to be a 

certainty, given difficulties associated with shipping finished plants in pots. It is possible that the 

European suppliers will continue to export immature plants to domestic nurseries – but in 

growing media instead of in bare-root form – that will then grow them out for sale as finished 

plants.

U.S. nurseries that produce bromeliad plants from seed may also be affected by the rule, 

to the extent that their sales are displaced by bromeliad plants in growing media imported from 

Belgium, Denmark, and the Netherlands. The number of these nurseries is unknown but is 

estimated to be fewer than 100, most or all of which are located in California, Florida and Texas.

Most if not all U.S. wholesale nurseries that sell bromeliad plants are small entities under 

the SBA’s standard of not more than $750,000 in annual receipts. The impact of the rule on 

these nurseries will depend on the volume and life-stage of the imported bromeliads, and on the 

portions of the nurseries’ incomes that derive from bromeliad plant sales. Other small entities

including retail nurseries are expected to benefit from new business opportunities created by the 

importation of bromeliad plants in growing media from Belgium, Denmark, and the Netherlands. 
ii

Table of Contents

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

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

Final Regulatory Flexibility Analysis................................................................................. 1

Need for and Objectives of the Rule............................................................................... 1

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

Flexibility Analysis ........................................................................................................ 2

Significant Issues raised by the Small Business Administration in response to the 

Initial Regulatory Flexibility Analysis........................................................................... 3

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

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

Steps taken by APHIS to minimize Significant Economic Impacts on Small Entities .. 5
1

Introduction

The regulations in 7 CFR part 319 prohibit or restrict the importation into the United 

States of certain plants and plant products to prevent the introduction of plant pests and noxious 

weeds. The current regulations allow the importation of bromeliad plants under certain 

conditions, including that they be free of sand, soil, earth, and other growing media. The plants 

are generally imported bare-rooted into the United States, and are potted for sale by U.S. 

nurseries. They are most commonly used as houseplants or landscape ornamentals in warmer 

climates.

The rule will amend 7 CFR 319.37-8(e) to allow, subject to specified growing, 

inspection, and certification requirements, the importation into the United States of plants of the 

Bromeliaceae genera of Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia, 

and Vriesea in approved growing media from Belgium, Denmark, and the Netherlands. APHIS 

has concluded, based on a pest risk analysis, that the current prohibition on imports of 

Bromeliaceae plants in growing media from the three countries is no longer necessary to prevent 

the introduction of plant pests or noxious weeds.

Final Regulatory Flexibility Analysis

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. Section 604 of the Act requires agencies to prepare and make available for public 

comment a final regulatory flexibility analysis that describes expected impacts of a rule on small 

entities. 

Need for and Objectives of the Rule

This rule is in response to requests made by the Governments of Belgium, Denmark, and 

the Netherlands to allow the importation into the United States of plants of the Bromeliaceae 

genera of Aechmea, Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia, and Vriesea

in approved growing media.1 We are taking this action after determining that the plants can be 

 

1

European bromeliad growers have stated that the current APHIS requirement for washing of the roots with water 

prior to importation (to remove the growing media) is detrimental because it: (1) increases the number of plants lost;

(2) limits the size of the plants that can be feasibly exported to the United States; and (3) results in temporary 

reductions in plant growth.
2

imported, under certain conditions, without resulting in the introduction into the United States of 

plant pests or noxious weeds. 

Significant Issues raised by Public Comment in response to the Initial 

Regulatory Flexibility Analysis

Comment:

The Florida Nursery, Growers and Landscape Association (FNGLA) is opposed to the 

rule. Specific issues raised by FNGLA concerning the initial regulatory flexibility analysis 

(IRFA) are in regard to (i) APHIS’ estimation of the number of nurseries that import bromeliad 

plants from Belgium, Denmark and the Netherlands, and (ii) the Agency’s statement that few 

nurseries would be affected by the proposed rule to the extent that they would be eliminated from 

the marketing chain. The commenter stated that APHIS neglected to include in the IRFA the 

direct and indirect economic impacts that closure of such nurseries may have on local economies

due to the loss of jobs. 

Response:

APHIS appreciates receiving the information submitted by FNGLA on potential 

economic effects of the rule for Florida nurseries. We acknowledged in the IRFA that we did not 

know exactly how many nurseries import bromeliad plants from Belgium, Denmark, and the 

Netherlands, but estimated their number to be no more than three. Based upon a survey 

conducted in April 2011, FNGLA found that there are seven such nurseries. We agree that these 

are businesses that will be directly affected by the rule. 

A total of 27 nurseries responded to the FNGLA survey, and most of them reported 

selling bromeliad genera included in this rule. We agree with the commenter that not only the 

nurseries that have been importing bromeliad plants from Belgium, Denmark, and the 

Netherlands, but any nurseries that sell these plants may be affected by the rule. Importation of 

bromeliad plants in growing media can be expected to alter some marketing channels, with 

retailers able to buy mature plants directly from European suppliers rather than rely on the 

maturation of the plants at Florida nurseries.

The commenter stated that the affected Florida nurseries that were surveyed expect to 

lose as much as $6.8 million in bromeliad plant sales, that is, 28.5 percent of their market. While 

there may be economic shifts, as businesses throughout the United States react to the rule, we are 

unable to authoritatively project the likely size of the impact. APHIS does not have independent 
3

information regarding the possible magnitude of business losses. Just as there may be Florida

wholesale nurseries negatively affected, there may also be other businesses, such as retailers in 

Florida and elsewhere, that gain from the rule.

A majority of the nurseries surveyed by FNGLA indicated that they would be forced to 

eliminate about one-fifth of their workforce as a result of the rule, that is, as many as 70 jobs. 

APHIS is not able to evaluate the nurseries’ future workforce needs. There may be negative 

employment consequences of the rule for certain wholesale nurseries. There may also be jobs 

created as other businesses expand due to new marketing opportunities resulting from the rule. 

APHIS acknowledges the commenter’s concerns with regard to potential business losses

by Florida nurseries. We understand FNGLA’s negative expectations, but believe that the 

importation of bromeliad plants in growing media can also result in economic gains in Florida 

and elsewhere. Moreover, by allowing the imports to occur under reasonable, science-based 

restrictions, we advocate for more accessible world markets for U.S. exports as well.

Significant Issues raised by the Small Business Administration in 

response to the Initial Regulatory Flexibility Analysis

No significant issues were raised by the Small Business Administration in response to the 

Initial Regulatory Flexibility Analysis.

Potentially Affected Small Entities

Currently, bromeliad plants are imported into the United States – primarily in bare-root

form – by nurseries.2 As described, the nurseries generally import young (immature) plants and 

then grow them out and finish them in pots for sale in the U.S. market, primarily to retailers.3 

Under the rule, producers in Belgium, Denmark, and the Netherlands will be able to ship 

bromeliad plants to the United States in growing media. The rule will, in effect, allow bromeliad 

growers in the three countries to bypass domestic nurseries altogether and provide finished plants 

directly to U.S. retailers. 

From FNGLA’s comment on the proposed rule, we have learned that at least seven 

Florida nurseries import bromeliad plants from Belgium, Denmark, and the Netherlands. Over 

 

2 Bare-rooted plants comprise the bulk of all U.S. bromeliad imports. Non-bare-rooted tissue culture plants (in a 

bottle or flask) account for essentially all other U.S. bromeliad imports.

3 Bare-rooted plants can be imported at various stages of growth: as plugs, as immature (“young”) plants, or as 

mature (“flowering”) plants. Imports of bare-rooted mature plants are virtually nonexistent because the re-potting in 

the U.S. causes the plants to lose their buds.
4

the four years 2006-2009, the annual quantities of bromeliad plants imported from the 

Netherlands were as follows: 759,684 (2009), 1,592,571 (2008), 2,136,109 (2007), and 

2,350,476 (2006). The volume of bromeliad plants imported from Belgium and Denmark is 

unknown.4

The sharp decline in imports from the Netherlands between 2006 and 2009 is due 

primarily to the economic recession in the United States and to the weakening of the U.S. dollar 

relative to the euro.5 Dutch officials estimate that, with the rule in effect, bromeliad exports to 

the United States from the Netherlands could reach the 2006 level, and even increase beyond that 

by 5 to 10 percent per year under favorable economic conditions. The estimated volume of U.S. 

imports of bromeliad plants from Belgium and Denmark under the rule is unknown.6 

Although the rule will allow the affected foreign growers to bypass domestic nurseries 

and provide finished plants directly to U.S. retailers, such a scenario is not certain, given the 

problems associated with shipping finished plants in pots.7 It is possible, therefore, that the 

affected foreign growers will continue to export immature plants to domestic nurseries – but now

in growing media instead of in bare-root form – that will then grow them out for sale as finished 

plants. 

The rule also has the potential to affect domestic growers who produce bromeliad plants 

from seed (as opposed to those who import immature plants and then grow them out for sale), to 

the extent that their sales are displaced by imports in growing media from Belgium, Denmark, 

and the Netherlands. But domestic growers of bromeliads also produce other plant varieties; any 

impact of imports of bromeliads in growing media will be muted because bromeliads account for 

only a portion of the nurseries’ overall income.8 The number of U.S. growers who currently 

produce bromeliad plants from seed is unknown but is estimated to be fewer than 100, most or 

all of whom are located in California, Florida and Texas.9

 

4 Harmonized Tariff Schedule trade data does not offer the level of detail necessary to identify imports of bromeliad 

plants, much less specific genera of bromeliad plants. Trade data for the Netherlands was provided by a Dutch 

grower and is considered unofficial. 

5 The weakening of the dollar has made imports from the Netherlands -- and other euro currency countries --more 

costly for U.S. consumers.

6 The regulatory workplan states that imports under this rule could total approximately “10 containers (120 tons)” 

per year. The number of plants represented by that volume is unknown.

7

Finished plants tend to lose flower buds during shipment. 

8

Source: William Aley (APHIS).

9

Source: Robert Griesbach (ARS).
5

 It is reasonable to assume that most U.S. growers of bromeliads are small in size. This 

assumption is based on composite data for providers of the same or similar services in the United 

States. In 2007, receipts by the 54,889 U.S. businesses in the industry category NAICS 1114 

(“Greenhouse, Nursery, and Floriculture Production,” which includes bromeliad producers) 

averaged $309,117, well below the Small Business Administration’s small-entity threshold of

$750,000 in annual receipts.10

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."

Steps taken by APHIS to minimize Significant Economic Impacts on 

Small Entities

APHIS acknowledges economic impacts that the rule may have on the U.S. bromeliad 

market generally, and more specifically, on Florida nurseries that currently import bromeliad 

plants free of growing media from Belgium, Denmark, and the Netherlands. With the rule,

wholesalers will be able to import bromeliad plants of any size in growing media, reducing the 

need for the plants to mature at Florida nurseries before their sale to retailers. While there may 

be volume losses by certain Florida nurseries and possible employment effects, the industry is 

dynamic and can be expected to evolve in response to changes in supply and demand. Entities

including Florida nurseries that are better able to seize new business opportunities resulting from 

the rule can be expected to accrue economic gains. 

APHIS rules are science-based. To continue to prohibit the importation of bromeliad 

plants in growing media from Belgium, Denmark, and the Netherlands when it has been 

determined that pest risks can be satisfactorily mitigated would be contrary to the mission of the 

Agency. If APHIS were to propose lessening potential adverse economic impacts of the rule for

certain U.S. nurseries, such as by delaying implementation of the rule or limiting its scope in 

some manner, benefits of the rule for other U.S. businesses, large and small, would be delayed or 

limited as well, and the net benefit of the rule for the U.S. economy would be reduced. APHIS 

has concluded that the provisions set forth in the proposed rule should remain unchanged.

 

10 Source: 2007 Census of Agriculture (NASS) and SBA.