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USDA/APHIS RIN: 0579-AD71 Publication ID: Fall 2016 
Title: Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables 

This rulemaking will amend our regulations governing the importations of fruits and vegetables by broadening our existing performance standard to provide for consideration of all new fruits and vegetables for importation into the United States using a notice-based process. Rather than authorizing new imports through proposed and final rules and specifying import conditions in the regulations, the notice-based process uses Federal Register notices to make risk analyses available to the public for review and comment, with authorized commodities and their conditions of entry subsequently being listed on the Internet. It also will remove the region- or commodity-specific phytosanitary requirements currently found in these regulations. Likewise, we are proposing an equivalent revision of the performance standard in our regulations governing the interstate movements of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and the removal of commodity-specific phytosanitary requirements from those regulations. This action will allow for the consideration of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It will not, however, alter the science-based process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated.

Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 318 and 319   
Legal Authority: 7 U.S.C. 450    7 U.S.C. 7701 to 7772    7 U.S.C. 7781 to 7786    21 U.S.C. 136 and 136(a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/09/2014  79 FR 53346   
NPRM Comment Period End  11/10/2014 
NPRM Comment Period Reopened  12/04/2014  79 FR 71973   
NPRM Comment Period End  01/09/2015 
NPRM Comment Period Reopened  02/06/2015  80 FR 6665   
NPRM Comment Period End  03/10/2015 
Final Rule  01/00/2017 
Final Rule Effective  04/00/2017 
Additional Information: Additional information about APHIS and its programs is available on the Internet at
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Nicole Russo
Assistant Director, Regulatory Coordination and Compliance, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 133,
Riverdale, MD 20737-1236
Phone:301 851-2159