United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

June 2011

Final Regulatory Flexibility Analysis

Final Rule

APHIS-2010-0127

RIN 0579-AD34

Host status of ‘Hass’ avocados to 

Mediterranean fruit fly, Ceratitis capitata

(Wiedemann) and South American fruit fly, 

Anastrepha fraterculus

Policy & Program Development

Policy Analysis & Development
i

Summary

APHIS has concluded that the Hass avocado is a limited host for Medfly and South 

American fruit fly. Consequently, cold treatment, methyl bromide fumigation, or production in a 

Medfly-free and South American fruit fly-free area will no longer be necessary for 

commercially produced avocadoes imported from countries where either of these pests is known 

to occur, such as Mexico and Peru. APHIS will continue to require fruit to be commercially

produced, harvested from the tree and not picked up from the ground, and safeguarded after 

harvest until arrival at the port of entry in the United States to prevent infestation by Medfly or 

the South American fruit fly.

Within the United States, avocado fruit is primarily produced in California, Hawaii, and 

Florida. There were approximately 8,200 farms producing avocados in those states in 2007. 

About 180,000 MT of avocados were produced annually in the United States over a 20 year 

period beginning in the 1990/91 season. There is an occasional fluctuation with an occasional 

higher or lower production amount than other years; the variance in avocado production can be 

attributed to various circumstances including inclement weather and drought.

Currently, the costs associated with the Mediterranean fruit fly mitigation measures on 

Hass avocados from Mexico and Peru have increased the cost of imported avocados for

consumers. Removing requirements for treatment, trapping, and origin restrictions for Hass 

avocados from Mexico, Chile, and Peru due to Mediterranean fruit fly and South American fruit 

fly will reduce the cost associated with mitigation for producers, and in consequence, likely 

lower the cost of imported avocados for U.S. consumers. 

The impact of the rule on Hass avocado fruit operations in California, Hawaii, and 

Florida will depend on the volume and season of increased Hass avocado imports from Mexico 

and Peru, the volume and season of continental U.S. production, the volume and season of 

imports from other countries, as well as U.S. consumption and export levels. Consumer demand 

for avocados has increased greatly in the past decade. Imports of Hass avocados increased from 

56,000 MT in 2001 to a high of 420,000 MT in 2009.

The countries affected by the mitigation treatment changes in this rule already export 

Hass avocados to the United States. It is worth noting that the increase in imports of Hass 

avocados has occurred over the last 10 years while U.S. domestic avocado production quantities 
ii

and values have remained relatively stable. It would appear that the domestic market for 

avocados continues to expand to absorb both increasing imports and existing domestic 

production rather than new avocado imports displacing either domestic production or existing 

imports. It therefore does not appear that the current increasing level of imports has had a 

significant impact on a substantial number of small avocado producers or importers. 
iii

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........................................................................... 2

Potentially Affected Small Entities................................................................................. 2

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

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

Introduction

Under current regulations, APHIS recognizes the Hass avocado as a host plant to the 

Mediterranean fruit fly (Medfly) and the South American fruit fly, and requires that avocado 

imports be either cold treated or fumigated with methyl bromide unless the fruit originates from 

an area free of Medfly and the South American fruit fly. In light of recent research and available 

evidence, APHIS has concluded that the Hass avocado is a limited host for these two pests. 

Consequently, cold treatment, methyl bromide fumigation, or production in a Medfly-free and 

South American fruit fly-free area will no longer be necessary for commercially produced 

avocadoes imported from countries where either of these pests is known to occur, such as 

Mexico and Peru.

APHIS will continue to require the following risk mitigation measures for the 

importation of Hass avocado from regions where Medfly or the South American fruit fly is 

known to occur: the fruit must be commercially produced, harvested from the tree and not picked 

up from the ground, and safeguarded after harvest until arrival at the port of entry in the United 

States to prevent infestation by Medfly or the South American fruit fly.

The rule also amends domestic regulations to provide for the interstate movement under 

certificate of Hass avocado from areas in the United States quarantined for Medfly when such 

quarantines may occur, if the fruit is accordingly safeguarded after harvest.

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

The rule follows determination of the limited host status of Hass avocado for Medfly and 

the South American fruit fly. The regulatory change is in accordance with International Plant 

Protection Convention standards that call for countries to require the least restrictive risk 

mitigation measures that are consistent with ensuring phytosanitary security. The objective of 
2

the rule is to revise and harmonize APHIS’ foreign quarantine and domestic movement 

requirements for Hass avocado in accordance with scientific evidence.

Significant Issues raised by Public Comment in response to the Initial 

Regulatory Flexibility Analysis

Significant issues raised by commenters regarding the initial regulatory flexibility

analysis are discussed in detail in the final rule.

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

Potentially affected entities include U.S. producers and importers of Hass avocado fruit. 

The Small Business Administration has established guidelines for determining which entities are 

to be considered small. Entities producing Hass avocado fruit are classified within NAICS 

111339, other non-citrus fruit farming. The small-entity standard for farms is annual receipts of 

not more than $750,000.1 Importers of Hass avocado fruit are a part of the wholesaling sector, 

and are classified within NAICS 424480, fresh fruit and vegetable merchant wholesalers. The 

small-entity standard is not more than 100 employees. The average market value of crops sold 

by farms within the other non-citrus fruit farming classification in 2007 was approximately

$111,000.2 About 95 percent of fruit and vegetable wholesalers were considered small in 2002.

3

 

From this it can be inferred that the majority of affected producers and importers of Hass 

avocado fruit are likely to be considered small. 

 

1

Source: 2007 Census of Agriculture (NASS) and SBA

2

2007 Census of Agriculture, Table 32. Selected Characteristics of Farms by North American Industry 

Classification System: 2007, 

http://www.agcensus.usda.gov/Publications/2007/Full_Report/Volume_1,_Chapter_1_US/usv1.pdf

3 U.S. Census Bureau, 2002 Economic Census. Data from the 2007 Economic Census are not yet available for this 

industry category.
3

Within the United States, avocado fruit is primarily produced in California, Hawaii, and 

Florida. The total number of farms recorded in 2007 was 8,245; California had a total of 6,230 

farms, Hawaii had 1,047 farms, and Florida had 951 farms.4 Table 1 shows the production 

amount of avocados in the United States for seasons beginning in 1990 until 2010; it consists of 

the production amount of the two highest avocado producing states along with the total 

production amount for the United States. The table depicts a steady production rate of avocadoes 

over an approximately 20 year period; the average production rate was 160,438 MT in 

California, 19,058 MT in Florida, and 179,823 MT in the entire United States. There is an 

occasional fluctuation with an occasional higher or lower production amount than other years; 

the variance in avocado production can be attributed to various circumstances including 

inclement weather and drought.

Table 1. U.S., California, and Florida avocado production and value, seasons 1990-2010

 

4

2007 Census of Agriculture, Table 32. Selected Characteristics of Farms by North American Industry 

Classification System: 2007, 

http://www.agcensus.usda.gov/Publications/2007/Full_Report/Volume_1,_Chapter_1_US/usv1.pdf

Season

California Florida United States

Production

(metric 

tons)

Value

(million 

dollars)

Production

(metric 

tons)

Value

(million 

dollars)

Production

(metric 

tons)

Value

(million 

dollars)

1990/1991 123,379 191.8 17,781 13.4 141,569 205.6

1991/1992 141,523 182.5 25,674 13.5 167,578 196.4

1992/1993 257,645 113.6 6,532 4.2 264,494 118.1

1993/1994 126,101 251.6 3,992 3.6 130,319 255.4

1994/1995 140,616 229.9 18,144 12.3 158,987 242.5

1995/1996 155,131 234.8 17,237 11.3 172,595 246.4

1996/1997 151,502 260.2 21,319 12.4 173,003 272.8

1997/1998 139,709 263.5 21,773 14.0 161,708 277.8

1998/1999 123,379 327.0 20,866 16.5 144,472 343.7

1999/2000 146,059 339.6 19,958 16.5 166,290 356.4

2000/2001 193,234 315.8 23,587 15.2 217,111 331.4

2001/2002 181,440 358.0 20,866 15.5 202,578 373.9

2002/2003 152,410 364.6 28,123 17.2 180,850 382.2

2003/2004 195,955 380.2 15,422 13.7 211,722 394.4

2004/2005 136,987 276.3 25,402 14.4 162,724 291.2

2005/2006 272,160 342.0 10,886 11.3 283,409 353.8
4

*Season beginning November 1 to November 30 (following year) for California and June 20 to February 28 for 

Florida. Source: USDA, National Agricultural Statistics Service, Noncitrus Fruits and Nuts Summary, various issues

Currently, the costs associated with the Mediterranean fruit fly mitigation measures on 

Hass avocados from Mexico and Peru have increased the cost of imported avocados for

consumers. Removing requirements for treatment, trapping, and origin restrictions for Hass 

avocados from Mexico and Peru due to Medfly and South American fruit fly will reduce the cost 

associated with mitigation for producers, and in consequence, likely lower the cost of imported 

avocados for U.S. consumers. 

The impact of the rule on Hass avocado fruit operations in California, Hawaii, and 

Florida will depend on the volume and season of increased Hass avocado imports from Mexico 

and Peru, the volume and season of continental U.S. production, the volume and season of 

imports from other countries, as well as U.S. consumption and export levels. Consumer demand 

for avocados has increased greatly in the past decade. Imports of Hass avocados increased from 

56,000 MT in 2001 to a high of 420,000 MT in 2009 (table 2). 

Table 2. U.S. Imports of Hass Avocados, 2001-2010.

Partner Country

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

1,000 MT

World

 

55.8 

 

108.8 

 

127.4 

 

136.6 

 

251.8 

 

182.3 

 

336.7 

 

302.7 

 

419.9 

 

332.7 

Chile

 

45.6 

 

78.0 

 

90.3 

 

93.6 

 

134.2 

 

108.9 

 

219.4 

 

234.5 

 

300.6 

 

266.6 

Mexico

 

6.6 

 

26.7 

 

34.9 

 

38.7 

 

114.8 

 

71.2 

 

111.7 

 

64.6 

 

116.6 

 

63.4 

New Zealand

 

2.1 

 

1.8 

 

0.1 

 

0.1 

 

0.1 

 

- 

 

2.4 

 

0.0 

 

0.3 

 

- 

Dominican Republic

 

1.3 

 

2.3 

 

2.1 

 

4.2 

 

2.7 

 

2.2 

 

3.2 

 

3.6 

 

2.4 

 

2.5 

Cook Islands

 

0.1 

 

- 

 

- 

 

- 

 

- 

 

- 

 

- 

 

- 

 

- 

 

- 

Ecuador

 

- 

 

0.0 

 

0.1 

 

- 

 

- 

 

- 

 

- 

 

- 

 

- 

 

- 

Brazil

 

- 

 

0.0 

 

- 

 

- 

 

0.1 

 

- 

 

- 

 

- 

 

- 

 

- 

Peru 

2006/2007 119,750 249.5 12,701 12.8 132,914 262.9

2007/2008 149,688 328.4 24,948 12.1 175,162 341.2

2008/2009 79,834 200.6 24,903 13.2 105,190 214.5

2009/2010 222,264 330.8 21,047 13.9 243,783 345.4
5

- - - - - - - - 0.0 0.1 

Source: Global Trade Information Services, Inc.

The countries affected by the mitigation treatment changes in this rule already export 

Hass avocados to the United States. It is worth noting that the increase in imports of Hass 

avocados has occurred over the last ten years occurred while U.S. domestic avocado production 

quantities and values have remained relatively stable. It would appear that the domestic market 

for avocados continues to expand to absorb both increasing imports and existing domestic 

production rather than displacement. It therefore does not appear that the current increasing

level of imports has had a significant impact on a substantial number of small avocado producers 

or importers. 

Projected Reporting, Recordkeeping, and Other Compliance 

Requirements

APHIS has concluded that the Hass avocado can be considered a non-host for these two 

pests. Consequently, cold treatment, methyl bromide fumigation, or production in a Medfly-free 

and South American fruit fly-free area will no longer be necessary for commercially produced 

avocadoes imported from countries where either of these pests is known to occur, such as 

Mexico and Peru. 

APHIS will continue to require fruit to be commercially produced, harvested from the 

tree and not picked up from the ground, and safeguarded after harvest until arrival at the port of 

entry in the United States to prevent reinfestation by Medfly or the South American fruit fly.

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 has read and reviewed all the comments provided to us by the general public and 

acknowledges all the concerns and interests. Concerns raised during public comment have been 

addressed to the best of our ability. After careful consideration, APHIS has concluded that the 

provisions set forth in the rule will remain unchanged..
6

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

significant economic impact on small entities. In the absence of significant economic impacts, 

we have not identified alternatives that would minimize such impacts.