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Import Declarations, Cold Treatment, Among Topics of Upcoming USDA Rules

Thursday, December 21, 2017
Sandler, Travis & Rosenberg Trade Report

Lacey Act import declarations and imports of fruits and vegetables, poultry, and biological control organisms are among the topics of proposed and final regulations set forth in the Department of Agriculture’s most recent semiannual regulatory agenda. This online resource lists the following regulations affecting international trade in agricultural products that could be issued within the next year as well as rulemaking proceedings that have been in process for some time and are not as likely to see further progress in the near term. The expected timeframes for issuance of the rules are indicated in parentheses.

Upcoming Regulations

- a proposed rule to provide exceptions to the Lacey Act import declaration requirements for (1) products containing composite plant materials and (2) products containing a minimal amount of plant materials (December 2017)

- a final rule establishing a performance standard for authorizing the importation and interstate movement of fruits and vegetables (December 2017; unchanged)

- a final rule restructuring the regulations on the importation of plants for planting and adding plants whose importation is not authorized pending pest risk analysis (December 2017; previously July)

- a final rule to (1) establish generic criteria that would allow for the approval of new cold treatment facilities in the southern and western states of the U.S., which would facilitate the importation of fruit requiring cold treatment, and (2) harmonize language concerning state compliance with facility establishment and parameters for the movement of consignments from the port of entry or points of origin in the U.S. to the treatment facility in the irradiation treatment regulations with language in the cold treatment regulations (December 2017, first time published; proposed rule published in June 2016)

- a final rule that would ease restrictions on the importation of some plant pests, establish criteria for the movement and environmental release of biological control organisms, and revise the regulations regarding the movement of soil (February 2018; proposed rule issued in January 2017)

- a final rule amending the regulations regarding the importation of live sheep, goats, and wild ruminants and their embryos, semen, products, and byproducts (February 2018)

- final rules adding Honduras and Poland to the list of countries eligible to export poultry products to the U.S. (March 2018)

- a final rule to list China as eligible to export to the U.S. poultry products from birds slaughtered in China (March 2018; proposed rule published in June 2017)

Regulations Withdrawn

- a final rule on the importation of genetically engineered organisms

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