Nursery Stock Regulations

Harriet.A.Murphy@aphis.usda.gov 04/06/2005 01:20 PM To: Docket EPADC@EPA cc: Subject: On time comment for APHIS-2004-0024 (59) ----- Forwarded by Harriet A Murphy/MD/APHIS/USDA on 04/06/2005 01:19 PM ----- "Marissa Woodhull-Weiser"To:<regulations@aphis.usda.gov> <MarissaW@fb.org>cc: Subject: Docket No. 03-069-1 03/23/2005 04:17ID: 03-069-1 ( 59 ) PM March 23, 2005 Docket No. 03-069-1 Regulatory Analysis and Development, PPD Animal and Plant Health Inspection Service United States Dept. of Agriculture 4700 River Road, Unit 118 Riverdale, MD 20737-1238 Dear Sir or Madam: The American Farm Bureau Federation is pleased to comment in response to the agency's advanced notice of proposed rulemaking and request for comments regarding possible amendments to regulations governing the import of plants for planting dated December 10, 2004. AFBF represents farm and ranch families across the United States and Puerto Rico that could be affected by amendments to the aforementioned regulation. The recent outbreak of plant disease caused by imported Ralstonia solanacearum race 3 biovar 2, and the economic devastation to producers that resulted, is but one of many instances that prove beyond question that the current regulatory system is inadequate. AFBF strongly supports the more restrictive direction that the agency is considering in the regulation of plants for planting, as such direction is described in the advanced notice. The current regulation of plant material imports is inadequate to meet the needs of today's commercial business environment. The agency appropriately acknowledges that the current regulatory system was not developed to provide the level of protection against plant pests that today's commercial environmental demands. The change from a fairly open regulatory environment to one that is fundamentally more restrictive is, in effect, a paradigm shift for the industry. Accordingly, AFBF strongly believes that the agency should solicit the maximum amount of input on technical matters as is reasonably possible to assure that any amendments to the existing regulations yield the most effective, yet commercially workable, solutions to imported plant pest concerns. AFBF suggests that the agency hold a series of field hearings, preferably at least six, in locations throughout the United States where individual producers and their representative organizations, university professionals and others can offer suggestions to help the agency determine the most appropriate course of regulatory action. The hearings will also provide the agency with a platform from which to explain to industry members the rationale for making regulatory adjustments. This greater understanding could be very important as regulatory changes are incorporated and accepted into the commercial environment. In addition to field hearings, AFBF suggests the agency establish a committee or working group of industry representatives, especially producers and other regulatory stakeholders, to offer suggestions and make recommendations as any amendments to the regulations are promulgated. The regular input from such a committee or working group would keep the connection with potentially affected industry members current as the regulatory process moves forward. The following comments are offered in direct response to the specific questions requested by the agency in its advanced notice. Data Collection Because the detail of information that the agency seeks has previously not been required on shipping documents, the agency will have great difficulty in assembling a data set that will reliably yield the kind of information that would be most helpful at this time. Requiring the identification of genus and species names on phytosanitary certificates in the future will be very helpful in collecting data when phytosanitary certificates are required as a condition of entry into the United States. In situations where phytosanitary certificates may not be a required conditi…