United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

July 2013

Analysis in Support of Certification that the 

Rule will not have a Significant Economic 

Impact on a Substantial Number of Small 

Entities

Final Rule

APHIS 2012-0042 

RIN 0579-AD69

Importation of Fresh Beans (Phaseolus

vulgaris L), Shelled or in Pods, from Jordan

Policy & Program Development 

Policy Analysis & Development
Summary

i

This analysis examines the expected economic impact for U.S. small entities of a final

rule that will allow importation of fresh beans (Phaseolus vulgaris L), shelled or in pods (French 

beans, green beans, snap beans, and string beans), from Jordan into the continental United 

States. 

The Small Business Administration’s small-entity standard for U.S. farms that produce 

fresh beans is annual receipts of not more than $750,000. In 2007, the average market value of 

sales by the 15,654 U.S. farms that produced snap beans for the fresh market was about $25,400, 

well below the small-entity standard.

Jordan expects to export 200 metric tons of fresh beans to the continental United States 

annually. This quantity is equivalent to less than one-tenth of one percent of U.S fresh snap bean 

production. While most entities that may be affected by the final rule are small, the impact of the 

rule will be minor. The final rule will not have a significant economic impact on a substantial 

number of small entities.
1

Introduction

This analysis provides the basis, as required by the Regulatory Flexibility Act, for 

certification by the APHIS Administrator that the final rule, if promulgated, will not have a 

significant economic impact on a substantial number of small entities.

APHIS received a request from the Kingdom of Jordan to authorize the importation 

of fresh beans (Phaseolus vulgaris L), shelled or in pods (French beans, green beans, snap 

beans, and string beans), from Jordan into the continental United States. The final rule will

allow importation of only fresh P. vulgaris from Jordan. In this analysis, we use the

common name ‘snap bean’ when referring to fresh P. vulgaris.

In response to Jordan’s request, APHIS produced a pest risk analysis and risk 

management document. The latter identifies the risk mitigation measures that will prevent the 

introduction of plant pests in commercial shipments of fresh beans from Jordan. These

measures include packinghouses approved by Jordan’s national plant protection organization, 

and washing and cutting or shredding requirements. Only commercial consignments of beans 

will be eligible for importation, and they will need to be accompanied by a certificate attesting

that phytosanitary requirements have been met.

The Regulatory Flexibility Act requires agencies to evaluate the potential effects of their 

proposed and final rules on small business, small organizations and small governmental 

jurisdictions. Section 604 of the Act requires an agency to prepare a final regulatory flexibility

analysis (FRFA) that describes the expected impact of the rule on small entities. In place of the

FRFA, the head of the agency may certify that this final rule will not have a significant economic

impact on substantial number of small entities. U.S Production and Trade
2

Snap beans are produced across the United States, and are marketed as either fresh or for 

processing. In 2011, fresh beans accounted for about 26 percent of U.S snap bean production.

Table 1 shows that annual fresh snap bean production in the United States from 2008 to 2011

averaged about 244,000 metric tons (MT). Jordan expects to export 200 MT of fresh beans to 

the continental United States per year, that is, less than one-tenth of one percent of U.S fresh 

snap bean production.

Table 1. Annual U.S fresh snap bean production, 2008-2011

Year Production (MT)

2008 264,172 

2009 237,002 

2010 229,608 

2011 243,443 

Average (2008-2011) 243,556 

Source: National Agricultural Statistics Service, Vegetables and Melons Statistics

Four States (Florida, California, Georgia, and New York) supplied about 80 percent of 

fresh snap beans produced in the United States, 2008-2011 (table 2).1 Florida was the dominant

producer (42 percent), followed by California (17 percent), Georgia (14 percent), and New York 

(7 percent). While the nation’s snap bean production declined by 8 percent over this four-year

period (and Florida’s production declined by 27 percent), the four States’ combined 80 percent 

share of national production remained unchanged.

 

1 National Agricultural Statistics Service (NASS) chapter IV statistics of vegetables and melons,

http://www.nass.usda.gov/Publications/Ag_Statistics/2011/Chapter04.pdf
3

Table 2. Fresh snap bean production in Florida, California, Georgia, New

York, and nationally, 2008-2011

Source: National Agricultural Statistics Service, Vegetables and Melons Statistics

Trade data solely for fresh P. vulgaris are not available. This species of

bean is grouped with other Phaseolus species as well as with Vigna species, 

which include cowpeas (also known as black-eyed peas) and mung beans. For

the 11-year period, 2002-2012, U.S. annual imports of fresh or chilled beans 

included within this aggregate trade category averaged 41,477 MT and U.S. 

exports averaged 27,736 MT.2 Thus, annual net imports of fresh or chilled beans, 

including P. vulgaris, averaged about 13,740 MT over the 10 years.

Potential Impact on Small Entities

As part of the rulemaking process, APHIS evaluates whether regulations are likely to

have significant economic impact on a substantial number of small entities. Fresh bean

production is classified within the North American Industry Classification System under Other 

Vegetable (except Potato) and Melon Farming (NAICS 111219). The Small Business 

 

2 U.S. Census Bureau, as reported by Global Trade Information Services, Inc., http://www.gtis.com/GTA. 

Harmonized Tariff Schedule subheading 070820, Beans (Vigna spp., Phaseolus spp.), fresh or chilled. 

 Production (Metric Tons) 

State 2008 2009 2010 2011

Florida 120,474 96,706 87,634 108,862

California 27,624 47,899 47,627 40,823

Georgia 42,411 32,659 27,805 30,754

NewYork 21,863 12,156 21,273 14,651

Total Production, 4 States 212,372 189,420 184,340 195,090

 Percent Share, 4 States 80% 80% 80% 80%

Total U.S production 264,172 237,002 229,608 243,443
4

Administration classifies a business in this industry as small if its annual receipts are not more 

than $750,000.

3 The latest data on the number of farms that produce snap beans are found in

the 2007 Census of Agriculture. In 2007, the average market value of snap beans sold by

farms was about $25,400.4 We conclude that most if not all fresh snap bean farms are small 

entities.

In 2007, there were 17,300 snap bean farms, of which 90 percent (15,654) harvested

beans for the fresh market.

5 Table 3 shows that one-third of farms that harvested snap beans

for the fresh market were located in six States: North Carolina, Pennsylvania, New York,

Kentucky, Ohio, and Michigan. Notably, the three States shown in table 2 as having the 

largest levels of fresh snap bean production, Florida, California, Georgia, are not listed in table 

3; their snap bean farms in 2007 numbered 370, 370, and 358, respectively. The data indicate

that snap bean production in these three States takes place on farms that are large in 

comparison to the national average.

3

Small Business Administration, Table of Small Business Size standards,

http://www.sba.gov/sites/default/files/Current_Size_Standards_Table.pdf

4

2007 U.S Census of Agriculture and NASS Statistics of Vegetables and

Melons

http://www.nass.usda.gov/Publications/Ag_Statistics/2011/Chapter04.pdf

5

2007 Census of Agriculture – State Data, Table 30.

http://www.agcensus.usda.gov/Publications/2007/Full_Report/usv1.pdf
5

Table 3. States with the largest number of snap bean farms where the beans

were harvested for the fresh market, 2007

Source: 

http://www.agcensus.usda.gov/Publications/2007/Full_Report/Volume_1,_Chapter_2_US_State_Level/

This final rule is unlikely to have a significant economic impact on small or large

U.S fresh bean producers. While most U.S fresh snap bean farmers’ annual 

receipts are well below the small-entity standard, the quantity of P. vulgaris

expected to be imported from Jordan will be equivalent to less than one-tenth of

one percent of U.S fresh snap bean production. The APHIS Administrator has 

determined that this action will not have a significant economic impact on a 

substantial number of small entities.

State

Number of 

farms Persent share 

North Carolina 1166 7%

Pennsylvania 958 6%

New York 876 6%

Kentucky 783 5%

Ohio 751 5%

Michigan 600 4%

Total 6 States 5134 33%

Total U.S Snap Bean Farms 

Harvested for fresh market 15,654 100%