Policy

PPQ’s Policy for the Federal
Recognition of State Managed
Phytosanitary Programs

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Contents
Purpose 1
Background 2
Policy 4
Definitions 4
Process 4
Alternate Petition Process for PPQ-initiated FRSMP Program Decisions 5
Approved Programs 5
Preclearance 5
Memorandum of Understanding (MOU) 6
Termination 6
Notice to Industry and Trading Partners 6
Inquiries 6

Purpose
The purpose of this document is to communicate APHIS-PPQ’s policy
for the recognition of State managed phytosanitary programs. We are
establishing this policy though regulatory authority provided by
Section 411 and 414 of the Plant Protection Act (PPA) (7 U.S.C. 7711)
and to maintain a consistent safeguarding and trade policy by
alignment with International Standard for Phytosanitary Measures
(ISPM) No. 5, Supplement No.1, Guidelines on the interpretation and
application of the concepts of “official control” and “not widely
distributed.”
The purpose of the Federally Recognized State Managed Phytosanitary
Program (FRSMP) is to provide federal recognition of official control
programs implemented by States to eradicate or contain a plant pest
that is otherwise not regulated through a federal domestic program by
APHIS-PPQ. State-managed programs that exclude a pest from a State
where it is not present and where economic or environmental harm
would result from its introduction may also qualify for consideration.

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Background
Under the Plant Protection Act, as amended (PPA, 7 U.S.C. 7701 et
seq.), the Secretary of Agriculture is authorized to take such actions as
may be necessary to prevent the introduction and spread of plant
pests and noxious weeds within the United States. The Secretary has
delegated this responsibility to the Administrator of the Animal and
Plant Health Inspection Service (APHIS).
While the Secretary has the authority to regulate all plant pests, the
Secretary has chosen to narrow the scope of the plant pests that
require action at the U.S. ports of entry to be consistent with
international obligations.
As a contracting party to the International Plant Protection
Convention (IPPC)1, the United States has agreed to observe the
general and specific principles of the convention as they relate to
international trade. One such general principle provides that
“countries shall institute restrictive measures only where such
measures are made necessary by phytosanitary considerations, to
prevent the introduction of quarantine pests.” Accordingly, there is an
expectation on the part of other contracting parties to the IPPC (i.e.,
our trading partners) that APHIS would not exercise its authority
under the PPA to prohibit or restrict the importation of a plant, plant
product, or other article unless such action was necessary to prevent
the introduction of a quarantine pest.
The IPPC’s “Glossary of Phytosanitary Terms” defines quarantine pest
as “a pest of potential economic importance to the area endangered
thereby and not yet present there, or present but not widely
distributed and being officially controlled.” While the first
consideration (“a pest of economic importance … not yet present
there”) may be readily understood, the concept of “official control” is
subject to further definition. Specifically, the IPPC defines official
control as “The active enforcement of mandatory phytosanitary
regulations and the application of mandatory phytosanitary
procedures with the objective of eradication or containment of
quarantine pests or for the management of regulated non-quarantine
pests.” A regulated non-quarantine pest is defined as a
non-quarantine pest whose presence in plants for planting affects the
intended use of those plants with an economically unacceptable
impact and which is therefore regulated within the territory of the
importing contracting party.

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The IPPC is recognized as the standard-setting body for international phytosanitary issues in the World
Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures.

Under the FRSMP Program, PPQ will be responsible for policies
regarding port inspections that restrict commodities infested with a
particular pest destined for protected States. State partners will be
responsible for collaborating on a common program for each pest,
establishing eradication, control, or exclusion programs and
petitioning for federal recognition of those programs.
7 CFR part 330.200 et seq. requires a plant pest permit to be issued
by APHIS before any pest may be imported into or moved interstate
within the United States. 7 CFR part 330.106 specifies that APHIS
may take remedial measures at a port of entry if a plant pest is
detected on a commodity and no such plant pest permit has been
issued.
Upon implementation of the program, PPQ will regulate FRSMP
Program pests at ports of entry under 7 CFR 330.106. PPQ will enter
into a Memorandum of Understanding (MOU) with a State upon
recognition of its program, to which subsequent FRSMP Program pests
will be added. Phytosanitary requirements for interstate commerce
into FRSMP States will be equivalent to those expected from foreign
trading partners.
When a pest is detected at a U.S. port of entry, APHIS-PPQ will
establish complementary regulatory policies to prevent movement of
the pest in imported commodities and/or conveyances arriving in
States where a FRSMP Program is in place for that pest. APHIS-PPQ
will also consider programs that exclude a pest from a State where it is
not present, and where economic or environmental harm would result
from its introduction. This additional consideration is supported by
the IPPC’s ISPM No. 5 Supplement 1 Guidelines on the interpretation
and application of the concepts of “official control” and “not widely
distributed” under “Requirements,” which states “…official control
includes restrictions related to movement into and within the
protected area(s) including measures applied at import.”
Any State(s) that can justify that they would be economically or
environmentally endangered by the introduction of a particular pest
can apply for the designation “protected area” if the pest is not present
or if present, is being officially contained or eradicated. APHIS-PPQ
has discretionary authority to recognize State phytosanitary programs
under the Plant Protection Act of 2000 (PPA). The International Plant
Protection Convention (IPPC) includes provisions for the
implementation of official control programs (eradication or
containment) by sub-national authorities such as States, provided
such programs are officially authorized and audited by the National
Plant Protection Organization (NPPO). APHIS-PPQ is the NPPO for the
United States.

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Following initial implementation of the program, APHIS intends to
amend 330.200 et seq. to establish a general plant pest permit for all
FRSMP pests. The list of FRSMP pests covered by this permit, and the
restrictions upon their movement within the United States, will be
maintained online. Following establishment of such a permit,
whenever we approve an additional State petition for a FRSMP pest,
we will amend the general permit accordingly. This permit, which we
will issue pursuant to Section 411 of the PPA, will provide an
additional regulatory structure to codify actions taken by APHIS under
the FRSMP program.

Policy
For recognition of FRSMP programs, PPQ intends to accept petitions
(one common petition for each pest) from interested States, review the
petitions, and make decisions based on the established criteria and
standards. PPQ will notify the States of the decision. If PPQ accepts
the FRSMP program, PPQ will establish a policy to take action at U. S.
ports of entry for such pests arriving in a State with a FRSMP program
for that pest. PPQ will regulate pests in federally recognized programs
to the State level at ports of entry. PPQ will continue its policy to take
action on pests that are pending review under the FRSMP Program,
but this status will change when:
1. An FRSMP program is established and recognized,
2. States have expressed no interest in a FRSMP program, or
3. States are unable to establish an FRSMP program that meets
international requirements and PPQ cannot justify continued
action.

Definitions
Refer to the FRSMP Program Manual Glossary for definitions.

Process
Procedures for the following processes will be found in the FRSMP
Program Manual.
◆ State Submission of Petition for Federal Recognition of FRSMP
Program
◆ Official Control Advisory Panel (OCAP) Review Process
◆ FRSMP Program Internal Process to Evaluate Compliance
◆ FRSMP Program Process at Port of Entry
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Alternate Petition Process for PPQ-initiated FRSMP Program Decisions
The PPQ FRSMP Program Coordinator will identify actionable pests
that may be considered for State managed phytosanitary programs
because they have been established in the United States, are not
widely distributed, and are not under official control by APHIS-PPQ.
Within the PPA, section 414 authorizes the Secretary to hold, seize,
quarantine, treat, apply other remedial measures to, destroy, or
otherwise dispose of any plant, plant pest, noxious weed, biological
control organism, plant product, article, or means of conveyance that,
among other things, is moving into the United States and that the
Secretary has reason to believe is infested with a plant pest or noxious
weed at the time of the movement. Under this authority, consignments
of imported articles are inspected at the port of entry to determine
whether plant pests are associated with them and, if so, prescribe
remedial measures as described in the Act. APHIS typically refers to
such measures as “taking action” at the port of entry to prevent a
plant pest from being introduced into or further disseminated within
the United States. Pests that are subject to such actions are referred
to as “actionable pests.” PPQ will continue to take action for pests with
limited distribution under this authority.
PPQ will reconsider the actionable status of these pests pending a
decision for a State managed phytosanitary program by presenting
pest risk information to the National Plant Board periodically
throughout the year. If no State Plant Regulatory Official (SPRO) is
interested in a state-managed phytosanitary program, action will no
longer be taken at ports of entry for that pest. When a State or States
indicate interest in a phytosanitary program for a particular pest, the
pest will remain actionable until APHIS-PPQ and the interested States
have concluded analyses leading to a FRSMP petition.
If none of the States petition for a FRSMP program, PPQ will stop
taking action on that pest at ports of entry.

Approved Programs
Approved programs will be subject to audit/monitoring requirements.
State Departments of Agriculture will assure program data is entered
into the appropriate database and will be required to submit annual
reports.

Preclearance
PPQ Preclearance Work Plans will include options for remedial action
when a FRSMP Program pest is detected upon inspection in the
exporting country.
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Memorandum of Understanding (MOU)
Upon approval of a petition, program States (Cooperators) will enter
into an MOU with USDA-APHIS-PPQ. The MOU will define the terms
under which the States and PPQ will take action on FRSMP Program
pests and mitigation methods to be applied.
States may join an existing FRSMP pest program through a petition
agreeing to established terms.

Termination
◆ States shall notify the FRSMP Program Coordinator of a decision
to terminate an approved program
◆ APHIS PPQ may terminate federal recognition of a program for
non-performance after discussions with State Partners

Notice to Industry and Trading Partners
When PPQ’s FRSMP Program becomes operational, PPQ will submit a
Federal Register Notice, followed by a World Trade Organization
Notice. The APHIS Stakeholder Registry will provide notification of new
approved petitions to those subscribed as requesting notices of official
control/FRSMP. PPQ will also issue a SPRO Letter. PPQ will post all
programs and related information to the public on the FRSMP
Program website. State programs will be identified as for containment,
eradication, or exclusion in order to indicate pest presence or absence.

Inquiries
Direct inquiries to FRSMP@aphis.usda.gov

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