USDA regulation (seed phytos)

From: "Marge Talt" mtalt at hort.net> on 2002.07.30 at 06:04:57(9129) Hi All....Here (below my SIG) is the post Joyce Fingerut made to Alpine-L outlining the issues and providing the address for sending letters concerning the APHIS phyto regulation for seeds that I mentioned at the IAS breakfast meeting this (now yesterday) morning. What a FANTASTIC weekend!!! Hope everyone arrived home safe and sound. Marge +More Marge Talt, zone 7 Maryland mtalt@hort.net Editor: Gardening in Shade ----------------------------------------------- Current Article: Planting Basics: Soil http://www.suite101.com/welcome.cfm/shade_gardening ------------------------------------------------ Complete Index of Articles by Category and Date http://mtalt.hort.net/article-index.html ------------------------------------------------ All Suite101.com garden topics : http://www.suite101.com/topics.cfm/635 ---------- > From: Joyce Fingerut > > I have promised to offer an outline of points that can be raised when > petitioning the USDA-APHIS-PPQ for a change in the regulation that > requires a point-of-origin phyto for seeds entering the US. > I have had help in this from Tom Stuart and Carlo Balistieri. > > Here is what I propose: > > To begin with, the alphabet soup stands for: > United States Department of Agriculture - Animal and Plant Health > Inspection SERVICE- Plant > Protection and Quarantine. This arm of the government is charged > with the protection of the nation?s agricultural and environmental > health and welfare. They are a line of defense against imported > diseases that could potentially infest our crops and our surroundings > and decimate industries, a worthy purpose by anyone's standards. > There are problems, however, with how they propose to accomplish their mission. > > We need to bring to their attention the fact that enforcement of > regulations contained in 7CFR PART 319, specifically sections 319.37 > THROUGH 319.37-14, > requiring a point-of-origin phytosanitary certificate for for seed > entering the United States > from other countries has unforeseen consequences. We have been told > that we cannot ask > for an exemption from this regulation to allow small packets of seed to > enter the US without a phytosanitary certificate and, consequently, we must > petition for a change in the regulation itself. > > One petition with several names will not be anywhere near as > effective as several separate letters. In this case, mass is critical! > We need to demonstrate that these regulations do, indeed, > have a much broader impact than they imagined. It will take a great > many letters to persuade them of this. Contact your local garden centers, > favorite mail order nurseries and regional botanic gardens and > encourage them to write as well. > > Email is not considered to be correspondence, nor are form letters > taken seriously. A simple, direct, one-page letter stating a few > points, clearly and forcefully, will demonstrate your interest in the > matter. Those of you who are heads of organizations or businesses > and wish to write a longer petition may contact me privately. > > All letters should be addressed to: > Michael Lidsky, APHIS-PPQ > 4700 River Road, Unit 141 > Riverdale, MD 20737 > > In our letter to the USDA-APHIS-PPQ, we (NARGS) are stating that: > > Enforcement of this regulation will have unintended and negative > effects to many sectors of the horticultural community: > > -Seed houses will be severely damaged or forced out of business; > > -This is an unreasonable restriction on international trade, counter to the > WTO (World Trade Organization) Agreement on Sanitary and Phytosanitary > Certificates that ?Sanitary and phytosanitary measures shall not be applied > in a manner which would constitute a disguised restriction on international > trade.? > > -International plant societies and botanic gardens will be restricted > from sharing seed through their seed exchanges. > > -Private trades between gardening friends will be in violation of the law > unless accompanied by a phyto-sanitary certificate. > > -The resulting loss of seed diversity will lead to financial losses > in the plant industry and a concomitant weakening of plant stocks, > through inbreeding and perpetual vegetative propagation. > > -The recommendation to consistently enforce the requirement for > certificates was formulated without a risk assessment; that is, it > was assumed, without a scientific basis, that even small packets of > seeds, from ornamental horticultural origins, would pose a risk to > agriculture and the environment; nowhere has this been proved or even > suggested. > > Above all, treat the recipient of your letter with respect. Assume > that he has at least as much knowledge and intelligence as you do; > you are introducing him to your perspective on this question, not > assailing his credentials. State your case clearly, logically and > impersonally. Don?t whine. Your personal losses will not make a > compelling argument; broader losses to sectors of the gardening > industry and science might. > > I welcome your contributions of further ideas and points that > might be raised with USDA-APHIS-PPQ either by specific sectors > of our community (commercial vs amateur societies, for example) > or by other Alpine-L gardeners. > > The future of the seed exchanges and the diversity in our gardens and > garden centers depends upon the removal of these restrictions. > Actually, all the future fun of gardening depends on winning! > > Joyce Fingerut > Stonington, Connecticut > Zone 6

From: MossyTrail at cs.com on 2002.07.30 at 20:17:21(9138) In a message dated 7/29/2002 11:08:52 PM Pacific Daylight Time, mtalt@hort.net writes: requires a point-of-origin phyto for seeds entering the US. Unless I am mistaken, this regulation also has attached to it a similar one on interstate shipping?

From: "Marge Talt" mtalt at hort.net> on 2002.07.31 at 02:20:58(9141) > From: MossyTrail@cs.com > requires a point-of-origin phyto for seeds entering the US. > Unless I am mistaken, this regulation also has attached to it a similar one +More on interstate shipping? ---------- No, the only regulation interstate has to do with listed noxious weed seed, a regulation of long standing which nobody has any problems with...at least I don't:-) The regulation requiring the phyto. for imported seeds has been on the books for many years; it just has not been enforced. What they have done now is state that they are going to enforce it...which they are doing in a rather spotty sort of way at present. I have read posts stating that RHS seed exchange seeds have been sent back to RHS for lack of phyto, etc., etc. It is currently affecting small seed houses that regularly sell seed to the US. Marge Talt, zone 7 Maryland mtalt@hort.net Editor: Gardening in Shade ----------------------------------------------- Current Article: Planting Basics: Soil http://www.suite101.com/welcome.cfm/shade_gardening ------------------------------------------------ Complete Index of Articles by Category and Date http://mtalt.hort.net/article-index.html ------------------------------------------------ All Suite101.com garden topics : http://www.suite101.com/topics.cfm/635

From: SelbyHort at aol.com on 2002.07.31 at 14:26:50(9150) In a message dated 7/30/2002 10:23:46 PM Eastern Daylight Time, mtalt@hort.net writes: It is currently affecting small seed houses that regularly sell seed to the US. Can they obtain a "blanket" phyto for the entire seed batch or for all their available seeds, or must they obtain phyto for each individual shipment? Donna

From: "Leo A. Martin" leo1010 at attglobal.net> on 2002.08.01 at 04:36:22(9157) > Can they obtain a "blanket" phyto for the entire seed > batch or for all their available seeds, or must they > obtain phyto for each individual shipment? Every shipment must have a phytosanitary certificate enclosed. How that is issued is up to the originating country. So far the packages I have received from Australia and Germany have each had a certificate enclosed that was issued for my small shipment alone. Silverhill Seeds in South Africa is regularly pooling shipments and sending to somebody in the US who repackages the individual orders and remails, which does not require a phytosanitary certificate. This regulation is devastating to various international plant society seed banks. Leo +More -- Leo A. Martin Phoenix, Arizona, USA Like cactus and succulents? Central Arizona Cactus and Succulent Society http://www.centralarizonacactus.org

From: "Marge Talt" mtalt at hort.net> on 2002.08.01 at 14:11:31(9159) > From: SelbyHort@aol.com Can they obtain a "blanket" phyto for the entire seed batch or for all their +More available seeds, or must they obtain phyto for each individual shipment? Donna ---------- Donna, Leo is right. Each shipment, whether it's one packet of 2 seeds or 1000 packages of seeds has to have a phyto. Seed shippers who have the contacts in the US are pooling orders for distribution here; those who don't have such contacts are out of luck. Phytos are not free, either, in terms of cash cost and time filling out paperwork. In addition to seed exchange problems and small seed supplier problems those who are part of our current intrepid group of plant explorers have problems because some countries are simply not set up to provide phytos, period. Therefore, one cannot hunt plants there and legally ship the seed to the US, which leaves us all the poorer in potential new introductions for our gardens. As has been observed on other lists, this regulation simply invites law breaking to get around it. Unfortunately, the penalties if caught are high. Marge Talt, zone 7 Maryland mtalt@hort.net Editor: Gardening in Shade ----------------------------------------------- Current Article: Planting Basics: Soil http://www.suite101.com/welcome.cfm/shade_gardening ------------------------------------------------ Complete Index of Articles by Category and Date http://mtalt.hort.net/article-index.html ------------------------------------------------ All Suite101.com garden topics : http://www.suite101.com/topics.cfm/635

From: "Julius Boos" ju-bo at msn.com> on 2002.08.01 at 14:12:05(9161) Hello Friends, A short while ago David Lloyd wrote a very helpful letter concerning his experiences with the need for a phyto permit for entering the USA with plants in California after he returned from a Heliconia conference in Thailand, He reported that one was deff. needed in California, but that De Hall reported that one was NOT needed in Miami, Florida till 1/1/03. Is there any way to get an OFFICAL verification of this policy, perhaps there is a web site that reports this, and can ANYONE out there confirm this is in fact a policy being adhered to by the guys at Miami airport????? Nothing could be worse than making a trip, collecting irreplacable plants, arriving at Miami and having the inspectors throw the plants in the incinerator IF this policy is not an 'official' one. I thank you all for your time. Julius +More > Can they obtain a "blanket" phyto for the entire seed > batch or for all their available seeds, or must they > obtain phyto for each individual shipment? Every shipment must have a phytosanitary certificate enclosed. How that is issued is up to the originating country. So far the packages I have received from Australia and Germany have each had a certificate enclosed that was issued for my small shipment alone. Silverhill Seeds in South Africa is regularly pooling shipments and sending to somebody in the US who repackages the individual orders and remails, which does not require a phytosanitary certificate. This regulation is devastating to various international plant society seed banks. Leo -- Leo A. Martin Phoenix, Arizona, USA Like cactus and succulents? Central Arizona Cactus and Succulent Society http://www.centralarizonacactus.org

From: "Leo A. Martin" leo1010 at attglobal.net> on 2002.08.02 at 05:22:35(9168) The United States Department of Agriculture, Animal Plant and Health Inspection Service (APHIS) home page is here: http://www.aphis.usda.gov/ All proposed regulations are listed here, in chronologic order with most recent at the top of the page: http://www.aphis.usda.gov/ppd/rad/webrepor.html Here is the publication of the original rule, which had an effective date of September 21, 2001: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname 01_register&docid=fr23jy01-1 The effective date was delayed until January 22, 2002. It is now in effect: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname 01_register&docid=fr31au01-21 This link didn't work this morning but it should work. This is where US citizens and businesses go for permits: http://www.aphis.usda.gov/ppq/permits/plantproducts/nursery.html#faq Effectiove January 22, 2002, all living plant material - seeds, bulbs, stems, leaves, plants - entering the US requires a phytosanitary certificate from the country of origin. Leo +More -- Leo A. Martin Phoenix, Arizona, USA Like cactus and succulents? Central Arizona Cactus and Succulent Society http://www.centralarizonacactus.org

From: Regferns at aol.com on 2002.08.02 at 06:00:41(9172) Earlier this year, I received information regarding the new regulations. There is an article at the Tropical Fern & Exotic Plant Society's website: www.tfeps.org/permits1.htm, or go to tfeps.org and click on the Permits button. At the end of the article there is an official USDA web address where you can see the guidelines. I too have heard that some port cities are not following the guidelines. I do know of two cases at the L.A. facility whereby plants were confiscated even though the importers had Plant Importing Permits, but lacked phytosanitary forms. Reggie Whitehead www.tfeps.org

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