Attachment II - Page 47 
Federal Register / 
applicable to the movement of plants, 
plant products, and other articles and 
plant pests developed through 
biotechnological processes if such 
plants, plant products, other articles, or 
plant pests present a risk of plant pest 
introduction, spread, or establishment. 
“Plant Pest," as defined by statute, 
means any living stage of any insects, 
mites, nematodes, slugs, snails, 
protozoa, or other invertebrate animals, 
bacteria, fungi, other parasitic plants or 
reproductive parts thereof, viruses, or 
any organisms similar to or allied with 
any of the foregoing, or any infectious 
substances, which can directly or 
indirectly injure or cause disease or 
damage in any plants or parts thereof, of 
any processed, manufactured, or other 
products of plants (7 U.S.C. 150aa(c)). 
"Movement," as defined by statute, 
means to ship, deposit for transmission 
in the mail, otherwise offer for shipment, 
offer for entry, import, receive for 
transportation, carry, or otherwise 
transport or move, or allow to be moved, 
by mail or otherwise (7 U.S.C. 150aa(g)). 
The following discussion describes 
the current requirements with regard to 
the movement into and through the 
United States of plants, plant products, 
plant pests, and other articles regulated 
by the Federal Plant Pest Act and the 
Plant Quarantine Act. In this regard, 
plant pests are discussed separately 
from plants, plant products, and other 
articles which may contain plant pests. 
Plants, Plant Products and Other 
Articles 
All nursery stock is prohibited from 
movement into the United States unless 
such movement is authorized under a 
permit issued by USDA (7 U.S.C. 154). 
“Nursery stock" is defined to mean all 
field-grown florists' stock, trees, shrubs, 
vines, cuttings, grafts, scions, buds, fruit 
pits, and other seeds of fruit and 
ornamental trees or shrubs, and other 
plants and plant products for 
propagation, except field, vegetable, and 
flower seeds, bedding plants, and other 
herbaceous plants, bulbs, and roots (7 
U.S.C. 159). 
Additionally, USDA restricts through 
a permit system the importation of 
plants and plant products not included 
in the definition of nursery stock when it 
is determined that the unrestricted 
importation may result in the entry into 
the United States of injurious plant 
diseases or insect pests (7 U.S.C. 150). 
The entry status of many plants and 
plant products, and permit requirements 
have already been determined and are 
reflected in the regulations. 
The determination of whether to issue 
a permit allowing the importation of 
plants, plant products and certain other 
Vol. 49, No. 252 / Monday, December 
articles, the conditions that must be met 
prior to entry and distribution of such 
plants, plant products and other articles 
throughout the United States is made 
after an evaluation of the pest risk 
associated with these plants and plant 
products. 
In the evaluation process, 
computerized data of plant pests and 
diseases known to occur worldwide and 
a literature search of plant pest6 and 
diseases associated with the plants, 
plant products or other articles 
requested to be imported are conducted 
to determine: 
• What plant pests or diseases are 
known to infest, infect, or to be carried 
by such requested plant, plant product, 
or other articles; 
• Whether such plant pests or 
diseases are new to or not widely 
prevalent (i.e., “exotic” plant pests or 
diseases) in the United States; and 
• Whether such plant pests or 
diseases are found to exist in the 
country where such a plant, plant 
product, or article is to be exported 
from. 
If it is determined that there is a plant 
pest or disease in the country of export 
which is associated with the plant, plant 
product, or article to be imported, and 
the pest or disease is exotic, a 
determination is made as to whether the 
plant, plant product, or article can be 
inspected, treated or otherwise handled 
to ensure that the plant plant product, 
or article can enter the United States 
without risk of introducing or 
establishing the exotic plant pest or 
disease. If such treatments or 
procedures exist, they are imposed as 
conditions of entry and specified in the 
permit and regulations. If there are no 
conditions that can be imposed which 
are known to be effective to adequately 
ensure that the exotic plant pest or 
disease will not be introduced or 
established, the plant product or article 
is prohibited entry into the United 
States. 
In addition to determining the 
conditions of entry for admissible 
plants, plant products, or other articles, 
USDA Inspects incoming plants, plant 
products, and articles that may be 
carrying plant pests to determine if such 
shipments are, free of exotic plant pest 
and diseases and if all of the conditions 
of importation have been met. If exotic 
plant pests or diseases are found in the 
shipment, the shipment is treated if a 
treatment is available that will be 
effective in destroying the exotic plant 
pest or disease, or the shipment is 
reexported, or the plant and plant 
products are destroyed under 
supervision by USDA. In addition, 
certain propagative plants and plant 
31, 1984 / Notices 50901 
products are required to be grown under 
post-entry quarantine on the premises of 
the importer for a specified time under 
specified conditions (7 CFR 319.37-7). 
This is done in order to detect certain 
exotic plant diseases which, because of 
their nature, could not be detected upon 
inspection at the port of entry at time of 
importation. 
Further, USDA is authorized and 
directed to quarantine any State, 
Territory, District of the United States, 
or any portion thereof, when it is 
determined that such quarantine is 
necessary to prevent the spread of an 
exotic plant pest or disease (7 U.S.C. 
161). Thereafter, it is unlawful to move 
any nursery stock or other plant, plant 
product, or other article capable of 
transmitting the exotic plant pest or 
disease except in a manner or method or 
under conditions prescribed in USDA (7 
U.S.C. 161). 
Plant Pests 
Section 150bb(a) of the Federal Plant 
Pest Act (7 U.S.C. 150bb{a)), in pertinent 
part; prohibits the movement of any 
plant pest from a foreign country into or 
through the United States or interstate 
unless such movement is authorized 
under a permit issued by USDA and is 
in accordance with such conditions as 
may be prescribed in the permit USDA 
issues permits for the movement of plant 
pests for experimental or scientific 
purposes only. 
Each request to issue a permit for the 
movement of plant pests is evaluated to 
determine what, if any, safeguards can 
be imposed which would allow the 
movement of the plant pest without risk 
that the plant pest would be 
disseminated. Permits for the movement 
of plant pests are denied when, in the 
opinion of USDA, such movement would 
involve a danger of dissemination of 
such pest (7 U.S.C. 150bb(b)). 
In determining the safeguards 
necessary to prevent the dissemination 
of a plant pest, the following factors are 
considered: 
• The plant pest species of the plant 
pest; 
• The known distribution of the plant 
pest; 
• The known or potential economic or 
environmental consequences should the 
plant pest become established; 
• The colonization potential of the 
plant pest should there be an accidental 
release; 
• The location of the proposed test 
facility in relation to the host plants of 
the plant pest; 
• Alternative locations for conducting 
research; 
[ 401 ] 
