Restructuring of Regulations on the 

Importation of Plants for Planting

“Q-37 Restructure”

Presented by Heather S. Coady

Regulatory Policy Specialist, Plants for Planting Policy

August 14, 2013

Informational Overview of the Proposed Rule:
Q37 Restructure Proposed Rule

Where to find it: 

Regulations.gov

Search “Importation of Plants for Planting” or “APHIS-2008-0011”

How to comment:

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!documentDetail;D=APHIS- 2008-0011-0001.

• Postal Mail/Commercial Delivery: Send your comment to 

Docket No. APHIS-2008-0011, Regulatory Analysis and 

Development, PPD, APHIS, Station 3A-03.8, 4700 River 

Road Unit 118, Riverdale, MD 20737-1238.
Goal

Make the regulations for the

importation of plants for planting 

easier to understand, use and implement
Current Regulations

Importation of Plants for planting categorized as:

1) Prohibited

2) Not Authorized Pending Pest Risk Analysis (NAPPRA)

3) Restricted articles
Q37 Restrictions

(current regulations)

General restrictions

• Import permit

• Port of Entry Inspection

• Phytosanitary certificate

Specific restrictions

• Foreign inspection & certification

• Treatment

• Postentry Quarantine

• Growing media
Summary of Proposed Changes

• Consolidate the import requirements for plants for planting under Q-37

• Add most of the prohibited plants for planting to the NAPPRA list

• Move specific restrictions on the importation of plants for planting from 

the CFR to the online Plants for Planting Manual and establish a notice- based process to change these restrictions

• Within Q-37 group together the requirements that apply to all or most 

plants for planting

• Add general requirements for the development of integrated pest risk 

management measures 

• Make several minor changes to improve clarity and reflect current 

program operations

We are not proposing to change specific restrictions on the 

importation of plants for planting.
Removal of Restrictions on the 

Importation of Specific Types of 

Plants for Planting in Other Subparts

“Q-37 Consolidation”
Q-37 Consolidation

• 7CFR 319.8

• 7CFR 319.15

• 7CFR 319.19

• 7CFR 319.24

• 7CFR 319.41

• 7CFR 319.55

• 7CFR 319.59

• 7CFR 319.73

• 7CFR 319.75

• 7CFR 319.77

Foreign Cotton and Covers

Sugarcane

Citrus Canker

Corn Diseases

Indian Corn or Maize, Broomcorn and Related Plants

Rice

Wheat Diseases

Coffee

Khapra Beetle

Gypsy Moth Host Material from Canada

Consolidate the other subparts of part 319 that include prohibitions or 

restrictions on the importation of plants and plant parts for, or capable of, 

propagation: 
Example: Sugarcane Subpart Changes

Subpart-Sugarcane §319.15 

Added language: 

“(b) The importation of sugarcane plants 

(including any plants parts) that are for 

planting or capable of being planted is 

restricted in “Subpart-Plants for Planting” of 

this part.”
Adding Prohibited Plants for Planting 

to the NAPPRA List

Add most of the plants listed as prohibited to the list of 

plants whose importation is NAPPRA (Not Authorized 

Pending Pest Risk Analysis)

• Reduce confusion

• Reflect that regulatory status may change (based on a 

PRA)
Removing Restrictions on Specific Types of 

Plants for Planting From the Regulations

Move specific restrictions from the CFR to the 

Plants for Planting Manual

• Allow readers to more easily determine specific 

restrictions

• Not changing any of the specific restrictions 

currently in the plants for planting regulations
Establishing a Notice-Based Process for Updating 

Restrictions on Specific Types of Plants for Planting

Current examples within the regulations:

• Adding taxa to NAPPRA lists

• Treatment Schedule (§ 305.3)

• Fruit and Vegetables (§ 319.56)

• Interstate movement from Hawaii and U.S. 

territories (§318.13)
General Requirements (groups together requirements for all or most plants for planting)

§ 319.37-1 Notice of quarantine.

§ 319.37-2 Definitions.

§ 319.37-3 General restrictions on the importation of plants for planting.

§ 319.37-4 Taxa of plants for planting whose importation is not authorized pending pest 

risk analysis.

§ 319.37-5 Permits.

§ 319.37-6 Phytosanitary certificates.

§ 319.37-7 Marking and identity.

§ 319.37-8 Ports of entry: Approved ports, notification of arrival, inspection, and refusal 

of entry.

§ 319.37-9 Treatment of plants for planting; costs and charges for inspection and 

treatment; treatments applied outside the United States.

§ 319.37-10 Growing media.

§ 319.37-11 Packing and approved packing material.

Provisions for Restrictions on Specific Types of Plants for Planting

§ 319.37-20 Restrictions on the importation of specific types of plants for planting.

§ 319.37-21 Integrated pest risk management measures.

§ 319.37-22 Trust fund agreements.

§ 319.37-23 Postentry quarantine.
Integrated Pest Risk Management 

Measures (IPRMM) 

Add general requirements for the 

development of integrated pest risk 

management measures
Examples of Current Programs

• §319.37-5(r): Ralstonia solanacearum race 

3 biovar 2

• § 319.37-5(v): Plants for planting from Israel
Basis for the IPRM Measures

• Regional Standard for Phytosanitary Measures 

(RSPM) 24 of the North American Plant Protection 

Organization (NAPPO)

• International Standard for Phytosanitary Measures 

(ISPM) 36 of the International Plant Protection 

Convention (IPPC)
General Requirements

• Responsibilities of the place of production

o Pest management program

o Training

o Internal audits

o Traceability

o Documentation of program procedures
General Requirements (continued)

• Responsibilities of APHIS and the NPPO of the 

exporting country

• Responsibilities of the NPPO of the exporting 

country

• Responsibilities of plant brokers trading in 

plants for planting for export

• External audits

• Noncompliance
Minor changes

• Several changes to definitions: restricted article, prohibited 

article, plants for planting, Plants for Planting Manual, 

NPPO, type of plants for planting, etc.

• Consolidated subparts will have same restrictions as other 

plants for planting (e.g. corn)

• Add existing prohibitions on the seed of genera related to 

corn Echinochloa, Eleusine, Miscanthus, Panicum, 

Pennisetum, Setaria, and Tripsacum
This presentation is to provide participants with an 

overview of the proposed rule.

We can only answer questions that clarify the content of 

the proposed rule.

Please submit all comments by either of the following methods:

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!documentDetail;D=APHIS- 2008-0011-0001.

• Postal Mail/Commercial Delivery: Send your comment to 

Docket No. APHIS-2008-0011, Regulatory Analysis and 

Development, PPD, APHIS, Station 3A-03.8, 4700 River 

Road Unit 118, Riverdale, MD 20737-1238.