Initial Regulatory Flexibility Analysis

Proposed Rule

Importation of Bromeliad Plants in Growing Media from 

Belgium, Denmark and the Netherlands

Docket No. 2010-0005

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

March 2010
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Summary

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 from all countries of 

the world, but only under certain conditions, including the condition that the plants be free of 

sand, soil, earth, and other growing media.

The proposed rule would amend the regulations to allow, under certain conditions, 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. The proposed rule is in response to requests made by the Governments of Belgium, 

Denmark, and the Netherlands.

Bromeliad plants are most commonly used as houseplants or landscape ornamentals in 

warmer climates.

APHIS does not expect the proposed rule to have a significant economic impact on a 

substantial number of small entities, as there are believed to be relatively few U.S. producers of 

Bromeliad plants, the entities who stand to be affected most by the rule. This initial regulatory 

flexibility analysis describes the proposed rule’s expected small-entity impact and it specifically 

seeks public comment on that expected impact, as only limited data were available for analysis. 

Most U.S. growers of Bromeliad plants are likely to be small entities under the SBA’s standards.
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Table of Contents

Summary...................................................................... ........................1

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

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

Reasons Action is Being Considered.....................................................4

Objectives of and Legal Basis for the Rule..............................................4

Potentially Affected Small Entities.......................................................4

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

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

Alternatives to Minimize Significant Economic Impact of the Rule..................7
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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 from all countries of 

the world, but only under certain conditions, including the condition that the plants be free of 

sand, soil, earth, and other growing media. Such plants are generally imported bare-rooted into 

the United States, and are rooted and potted for sale by U.S. nurseries.

The proposed rule would amend 7 CFR 319.37-8(e) to allow, under certain conditions, 

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.

Bromeliad plants are most commonly used as houseplants or landscape ornamentals in 

warmer climates.

Initial 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. 
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For the reasons discussed below, we do not believe that the proposed rule would have a 

significant economic impact on a substantial number of small entities. However, because hard 

economic data on Bromeliad plants -- especially current data -- are virtually nonexistent, we are 

reluctant to make such a certification under section 605(b) of the Act.

1

 In the absence of a 

certification, section 603 of the Act requires agencies to prepare, and make available for public

comment, an initial regulatory flexibility analysis that describes the proposed rule’s expected

small-entity impacts based on the available data. 

Reasons Action is Being Considered

The proposed rule is in response to requests made by the Governments of Belgium, 

Denmark, and the Netherlands.2

Objectives of and Legal Basis for the Rule

The goal of the rule is to allow, under certain conditions, 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. 

The authority citation for part 319 is set forth in the rule.

Potentially Affected Small Entities

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

form -- by nurseries.3 The nurseries generally import young (immature) plants, and then grow 

 

1 Under section 605(b) of the Act, there must be a factual basis for a certification. 

2

European Bromeliad growers have stated that the current APHIS requirement for washing of the roots

with water (to remove the growing media) is detrimental because it: (1) increases the number of plant losses; (2) 

limits the size of the plant to be exported to the U.S. as “young” plants (versus larger “finished” plants at or near the 

flowering stage generating increased revenue); and (3) results in temporary plant growth reductions.

3 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.
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them out and finish them in pots for sale in the U.S. market, primarily to retailers.4 Under the 

proposed rule, producers in Belgium, Denmark, and the Netherlands would be able to ship 

genera-specific Bromeliad plants to the United States in growing media, thereby eliminating the 

need for re-potting by domestic nurseries. The rule would, in effect, allow Bromeliad growers in 

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

U.S. retailers. 

The number of U.S. nurseries that currently import Bromeliad plants from Belgium, 

Denmark, and the Netherlands is unknown but is estimated to be no more than about three, with 

most or all of those located in Florida.5 Over the last four years, the volume of U.S. imports of 

Bromeliad plants (in units) from the Netherlands was as follows: 759,684 (2009), 1,592,571 

(2008), 2,136,109 (2007), and 2,350,476 (2006). The volume of U.S. imports of Bromeliad 

plants from Belgium and Denmark is unknown.6

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.7 Dutch officials estimate that, with the proposed 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 given favorable economic conditions. The estimated 

 

4 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.

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Source: William Aley (APHIS). 

6 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. 

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

-more costly for U.S. consumers.
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volume of U.S. imports of Bromeliad plants from Belgium and Denmark under the proposed rule 

is unknown.8 

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

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

certainty, given the problems associated with shipping finished plants in pots.9 It is possible, 

therefore, that the affected foreign growers would continue to export immature plants to 

domestic nurseries -- albeit in growing media instead of in bare root form -- who would then 

grow them out for sale as finished plants. However, even if the rule does result in the 

elimination of domestic nurseries from the marketing chain, few such nurseries would likely be 

affected. As indicated above, it is estimated that there are no more than about three U.S. 

nurseries that currently import Bromeliad plants from Belgium, Denmark, and the Netherlands.

The proposed 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. However, there is no basis to conclude that domestic 

producers who grow plants from seed would be unable to compete with the imports on the basis 

of price, the factor that is most likely to drive consumer purchases. Furthermore, most domestic 

growers of Bromeliads also produce other plant varieties; any impact of imports on most 

domestic producers, therefore, would be muted because Bromeliads account for only a portion of 

their overall income.10 The exact number of U.S. growers who currently produce Bromeliad 

plants from seed is unknown but is estimated to be relatively small -- no more than about 100, 

 

8 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.

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Finished plants tend to lose flower buds during shipment. 

10 Source: William Aley (APHIS).
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most or all of whom are located in California, Florida and Texas.11 This estimate is consistent 

with the most recent historical data, which shows the minor role of Bromeliads in the overall 

domestic nursery trade. In 1998, the latest year for which data are available, only 7 of the 5,008 

U.S. growers of potted flowering plants produced Bromeliads, and only 148 of the 2,419 U.S. 

growers of potted foliage plants produced Bromeliads. In that same year, sales of potted 

flowering Bromeliads (80,000 pots) comprised less than 1 percent of all potted flowering plant 

sales (251,684,000 pots), and sales of potted foliage Bromeliads (6,712,000 pots) comprised less 

than 4 percent of all potted foliage plant sales (200,110,000 pots).12 

 It is reasonable to assume that most U.S. growers of Bromeliads are small in size, by the 

standards of the U.S. Small Business Administration (SBA). This assumption is based on 

composite data for providers of the same or similar services in the United States. In 2007, the 

per farm average gross receipts for all 54,889 U.S. farms in NAICS 1114 (“Greenhouse, 

Nursery, and Floriculture Production,” which includes Bromeliad producers) was $309,117, well 

below the SBA’s small-entity threshold for those farms, i.e., $750,000 in annual gross receipts.13

Projected Reporting, Recordkeeping, and Other Compliance 

Requirements

 This proposed rule contains no mandatory reporting, recordkeeping, or other compliance 

requirements for U.S. entities.

Duplication, Overlap, or Conflict with Existing Rules and Regulations

APHIS has not identified any duplication, overlap, or conflict of this proposed rule with 

other Federal rules.

 

11 Source: Robert Griesbach (ARS).

12 Source: 1998 Census of Horticultural Specialties (NASS).

13 Source: 2007 Census of Agriculture (NASS) and SBA.
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Alternatives to Minimize Significant Economic Impacts of the Rule

APHIS does not expect the proposed rule to have a significant economic impact on a 

substantial number of small entities, if for no other reason than there are believed to be relatively 

few U.S. producers of Bromeliad plants, the entities who stand to be affected most by the rule. 

This is not to suggest, however, that some Bromeliad producers might not be significantly 

affected by the proposal, especially any who grow Bromeliads exclusively. 

We have not identified any alternatives to the proposed rule that accomplish the stated 

objectives of applicable statutes and that minimize the rule’s potentially significant economic 

impact on Bromeliad producers. Given APHIS’ obligations under the Plant Protection Act and 

international trade agreements, we do not believe continuing to prohibit the importation of 

Bromeliad plants in growing media is justified, since we have determined that Bromeliads from 

Belgium, Denmark, and the Netherlands can be imported in growing media without introducing 

plant pests or noxious weeds or diseases into the United States. Under international trade 

agreements that the United States has entered into, we are bound to allow the importation of 

agricultural products if those products can be imported safely, i.e., without introducing pests or 

diseases into the United States.