I
105TH CONGRESS
2D SESSION
H. R. 3771
To prohibit the Secretary of Agriculture from implementing a rule that
would allow the importation of papayas that are the product of Brazil
into the continental United States, Alaska, Puerto Rico, or the Virgin
Islands of the United States until certain conditions are met, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 1998
Mr. DEUTSCH (for himself and Mr. FOLEY) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To prohibit the Secretary of Agriculture from implementing
a rule that would allow the importation of papayas that
are the product of Brazil into the continental United
States, Alaska, Puerto Rico, or the Virgin Islands of
the United States until certain conditions are met, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sound Science, Safe
Imports, and Healthy Communities Act of 1998’’.
SEC. 2. IMPORTATION OF PAPAYAS FROM BRAZIL.
The Secretary of Agriculture may not implement a
proposed or final rule that would allow the importation
of papayas that are the product of Brazil into the con-
tinental United States, Alaska, Puerto Rico, or the Virgin
Islands of the United States unless and until the Secretary
establishes—
(1) a quarantine treatment protocol, under di-
rect onsite supervision of appropriate officials of the
United States Department of Agriculture, for pa-
payas that are the product of Brazil to prevent the
introduction of the Mediterranean fruit fly and the
South American fruit fly, and any other internation-
ally recognized destructive plant pest or disease; and
(2) a program to prevent the introduction of
the Mediterranean fruit fly and the South American
fruit fly, and any other internationally recognized
destructive plant pest or disease from Brazil into
Florida through the inspection of all freight, com-
mercial vessels, commercial aircraft, commercial
trucks, and railroad cars destined for Florida.
SEC. 3. PROTECTION OF ENVIRONMENTAL QUALITY.
The Secretary may not implement a proposed or final
rule that would allow the importation of papayas that are
the product of Brazil into the continental United States,
Alaska, Puerto Rico, or the Virgin Islands of the United
States unless and until the Secretary determines, in writ-
ing, after completing an environmental impact statement
on the rule in accordance with section 103(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C))—
(1) that—
(A) a treatment in the country of origin,
supervised onsite by appropriate officials of the
United States Department of Agriculture, can
effectively eradicate the Mediterranean fruit fly
and the South American fruit fly, and any
other internationally recognized destructive
plant pest or disease; or
(B) the area in Brazil from which papayas
are to be shipped is certified by the Secretary
as an area free of the flies and pests described
in paragraph (1); and
(2) that—
(A) the proposed or final rule will prevent
the introduction or dissemination of the Medi-
terranean fruit fly and the South American
fruit fly, or any other internationally recognized
destructive plant pest or disease from Brazil;
and
(B) if such fruit fly or plant pest or dis-
ease is introduced into any part of the continen-
tal United States, Alaska, Puerto Rico, or the
Virgin Islands of the United States from Brazil,
the Secretary will immediately begin the effec-
tive eradication of such fruit fly or plant pest
or disease and conduct such eradication pro-
gram with the least impact possible on humans,
the environment, and the community concerned.
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