Notice2024-25667
Decision To Authorize the Importation of Fresh Hass Avocado From Guatemala Into the United States
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2024
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are advising the public of our decision to authorize the importation of fresh Hass avocado (Persea americana var. Hass) fruit from Guatemala into the United States. Based on the findings of a pest risk analysis, which we made available to the public for review and comment, we have determined that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh Hass avocado fruit from Guatemala.
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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88712-88715]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25667]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2024-0014]
Decision To Authorize the Importation of Fresh Hass Avocado From
Guatemala Into the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are advising the public of our decision to authorize the
importation of fresh Hass avocado (Persea americana var. Hass) fruit
from Guatemala into the United States. Based on the findings of a pest
risk analysis, which we made available to the public for review and
comment, we have determined that the application of one or more
designated phytosanitary measures will be sufficient to mitigate the
risks of introducing or disseminating plant pests or noxious weeds via
the importation of fresh Hass avocado fruit from Guatemala.
DATES: The commodity covered by this notice may be authorized for
importation after November 8, 2024.
FOR FURTHER INFORMATION CONTACT: Dr. Esther Serrano, Regulatory Policy
Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700
River Road, Unit 133, Riverdale, MD 20737; (954) 699-4504.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart L--Fruits and Vegetables'' (7
CFR 319.56-1 through 319.56-12, referred to below as the regulations),
the Animal and Plant Health Inspection Service (APHIS) of the United
States Department of Agriculture (USDA) prohibits or restricts the
importation of fruits and vegetables into the United States from
certain parts of the world to prevent the introduction and
dissemination of plant pests.
Section 319.56-4 contains a performance-based process for approving
the importation of fruits and vegetables that, based on the findings of
a pest risk analysis (PRA), can be safely imported subject to one or
more of the five designated phytosanitary measures listed in paragraph
(b) of that section. Under that process, APHIS proposes to authorize
the importation of a fruit or vegetable into the United States if,
based on findings of a PRA, we determine that the measures can mitigate
the plant pest risk associated with the importation of that fruit or
vegetable. APHIS then publishes a notice in the Federal Register
announcing the availability of the PRA that evaluates the risks
associated with the importation of a particular fruit or vegetable.
Following the close of the 60-day comment period, APHIS will issue a
subsequent Federal Register notice announcing whether or not we will
authorize the importation of the fruit or vegetable subject to the
phytosanitary measures specified in the notice.
In accordance with that process, on March 27, 2024, APHIS published
a notice \1\ in the Federal Register (89 FR 21233-21234, Docket No.
APHIS-2024-0014) in which we announced the availability, for review and
comment, of a PRA that evaluated the risks associated with the
importation of fresh Hass avocado (Persea americana var. Hass) fruit
from Guatemala into the United States. We also made available an
economic effects assessment, or EEA, which contextualized the possible
economic impacts associated with the notice.
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\1\ To view the notice, supporting documents, and comments we
received, go to <a href="https://www.regulations.gov/document/APHIS-2024-0014-0001">https://www.regulations.gov/document/APHIS-2024-0014-0001</a>.
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We solicited comments on the notice for 60 days, ending on May 28,
2024. We received 50 comments by that date. The comments were from
growers, domestic and Guatemalan grower associations, importers,
exporters, a business in the restaurant industry, a restaurant industry
association, the national plant protection organization (NPPO) of
Guatemala, and private individuals.
The issues raised by the commenters are addressed below.
Multiple comments expressed general concern about pest risk.
Commenters were particularly concerned about the risk of introducing
Heilipus lauri and Stenoma catenifer.
Our PRA evaluated the risks associated with the importation of
fresh Hass avocado fruit from Guatemala into the United States. We
determined that the phytosanitary measures of the systems approach
outlined in the risk management document (RMD) are sufficient to
mitigate the associated pest risks, including Heilipus lauri and
Stenoma catenifer. These measures include pest-free places of
production, orchard sanitation, packinghouse measures, and commercial
consignments, in conjunction with inspection and the issuance of a
phytosanitary certificate by the NPPO of Guatemala. The commenters
provided no scientific evidence contradicting the conclusions of our
pest risk analysis.
Several commenters requested that we conduct an updated physical
survey of potential pests in Guatemala.
A physical, biological census (a survey whose intent is to discover
a diverse range of taxa in a given geographic area) is not part of our
methodology of writing pest risk assessments. The pest risk assessment
is based on port-of-entry pest interception data, information from the
government of Guatemala, and current scientific literature relevant to
pests that are known to feed on Hass avocado and that occur in
Guatemala. APHIS is unaware of, and the commenter does not mention, any
scientific literature documenting any new pests in Guatemala since the
pest risk assessment was developed in 2022. We therefore believe that
the pest risk assessment accounts for all known pests relevant to the
pathway of avocados from Guatemala.
Multiple comments suggested that we require mandatory quarantine or
fumigation for avocados from Guatemala imported into the United States.
APHIS has determined that the systems approach outlined in the RMD,
which is based on pest-free places of production, orchard sanitation,
packinghouse measures, and commercial consignments, in conjunction with
inspection and the issuance of a phytosanitary certificate by the NPPO
of Guatemala, will effectively mitigate the pests associated with fresh
Hass avocado fruit imports from Guatemala into the United States. The
commenters provided no scientifically based evidence contradicting our
determinations of the efficacy of the systems approach. Therefore, we
disagree that mandatory quarantine or fumigation are necessary for
avocados from Guatemala imported under the systems approach.
Multiple comments questioned the efficacy of a systems approach by
claiming that, in the past, pests, including those unknown at the time,
such as persea mite and avocado thrips, have come to California from
Mexico and South America despite the
[[Page 88713]]
mitigation measures of similar systems approaches being in place.
APHIS has found no evidence to support the contention that persea
mite and avocado thrips were introduced to California via the
commercial fruit pathway. APHIS has had no recorded interceptions of
these pests in commercial shipments at U.S. ports of entry from Central
and South America in the past 30 years. We are not aware of any
scientific evidence linking persea mite, avocado thrips, or other
established avocado pests entering the United States via the commercial
avocado pathway from Mexico or other trading partners. The commenters
provided no scientifically based evidence to the contrary.
As a signatory to the World Trade Organization's Agreement on
Sanitary and Phytosanitary Measures (SPS Agreement), the United States
has agreed that any prohibitions it places on the importation of fruits
and vegetables will be based on scientific evidence. The purpose of the
pest risk assessment is to identify, based on scientific evidence,
those pests that are known to feed on Hass avocado and that occur in
Guatemala; we cannot address unknown pest risk in the pest risk
assessment. That being said, all consignments of avocado fruit from
Guatemala will be subject to inspection by U.S. Customs and Border
Protection (CBP) at the United States port of entry. If consignments
are determined to be infested by quarantine pests, even if the
quarantine pest was previously unknown, the consignments will be
subject to appropriate remedial measures to address the plant pest
risk, and APHIS will evaluate whether remedial measures are warranted
for the export program itself. APHIS also continuously monitors foreign
countries for quarantine pests. If a previously unknown quarantine pest
relevant to the importation of avocados from Guatemala arises in the
future, APHIS will reassess the associated pest risk and, if we
determine that phytosanitary measures outlined in the RMD would not
provide an adequate level of phytosanitary protection, revise the
import restrictions accordingly.
One commenter requested that we limit the importation of avocados
from Guatemala to the east coast and Midwest regions of the United
States.
The pest risk assessment analyzed the pest risk associated with the
importation of avocados from Guatemala into the entire United States.
We have determined that the systems approach outlined in the RMD will
effectively mitigate the quarantine pests associated with fresh Hass
avocado fruit imports from Guatemala to the entire United States. Due
to this determination, we do not believe that restricting imports to
certain parts of the United States is warranted.
Multiple comments expressed concern regarding the ability to trust
the NPPO of Guatemala to fulfil its obligations under the RMD. Many of
these comments suggested that APHIS provide inspection oversight.
Like the United States, Guatemala is a signatory to the SPS
Agreement. As such, it has agreed to respect the phytosanitary measures
the United States imposes on the importation of plants and plant
products from Guatemala when the United States demonstrates the need to
impose these measures in order to protect plant health within the
United States. APHIS and the NPPO of Guatemala have previously
developed and executed successful bilateral programs for the
importation of fruits and vegetables into the United States, such as
programs for the importation of mango and tomato fruits. The success of
these programs indicates that the NPPO of Guatemala is capable of
fulfilling its obligations under such programs.
The systems approach outlined in the RMD will, however, use a
``trust but verify'' approach to ensure compliance. While the NPPO of
Guatemala will be principally responsible for providing oversight,
APHIS may monitor activities at critical control points, such as places
of production, packinghouses, as well as recordkeeping, as needed.
Additionally, all consignments of avocado fruit from Guatemala will be
subject to inspection by CBP at the United States port of entry.
If APHIS or the NPPO identify evidence of failure to adhere to the
systems approach, corrective action will immediately occur, which
includes the possibility of suspending the importation of further
avocados under the systems approach until remedial measures acceptable
to APHIS are taken. We consider this potential consequence sufficient
incentive for the NPPO to monitor the systems approach program in
Guatemala.
A commenter stated that the NPPO of Guatemala should explain how it
will monitor and audit avocado groves.
The commenter appeared to assume that the NPPO of Guatemala would
be solely responsible for establishing the monitoring and auditing
protocols for registered avocado groves under the terms of the systems
approach. This is incorrect. The RMD requires APHIS and the NPPO of
Guatemala to jointly develop an operational workplan (OWP) that further
details the activities and responsibilities that the NPPO of Guatemala
will carry out to meet the requirements of the systems approach. This
OWP will include details of the NPPO's responsibilities regarding
monitoring and auditing groves. Moreover, as stated in the RMD, APHIS
will also be involved in the implementation, monitoring, and
supervising of the systems approach, and may monitor places of
production if we deem it necessary.
Several commenters asked for more details about what will be
required of pest-free places of production, such as the nature of the
surveys required. The commenters noted that our initial RMD indicated
that contiguous orchards and properties around registered places of
production must be surveyed semiannually for a period of at least 5
years and found to be free of certain listed moth and weevil avocado
pests. The commenters stated that ``survey semiannually'' should be
more defined as no less than every 6 months, and that at least one
survey should be required within a specified time relative to harvest,
such as 1 month prior to harvest, to help understand the pest presence.
While the semiannual surveys will, by definition, be conducted
twice yearly, the interval between surveys, as well as the details
regarding the surveys, will be contained in the OWP. Reserving such
details for the OWP allows APHIS to adapt to operational realities by,
e.g., lengthening or shortening the duration between surveys, within
the parameters and strictures set forth by the RMD. Thus, APHIS
determined that a change to the initial RMD was not warranted to
address these comments.
Several commenters asked us to add more detail in the packinghouse
inspection requirements in the RMD. The commenters stated that we
should define the portion of avocados to be inspected as a specific
number of fruit or a percentage of fruit per a clearly defined unit.
The commenters appear to assume an inspection protocol in which a
set number per unit is inspected. APHIS will, instead, require
biometric sampling of the lots at the packinghouse. Biometric sampling
is a statistically validated approach that allows varying rates per
unit to be inspected from unit to unit, provided that the overall rate
of inspection is sufficient to support pest freedom of the entire lot
with a specified confidence level. APHIS frequently uses biometric
sampling for inspection protocols within systems approaches.
Packinghouse inspection details will be contained in the OWP. Reserving
such
[[Page 88714]]
details for the OWP allows APHIS to adapt to operational realities
within the parameters and strictures set forth by the RMD. Thus, APHIS
determined that a change to the initial RMD was not warranted to
address these comments.
In the initial RMD, we stated that, if the NPPO of Guatemala finds
that a place of production or packinghouse is not complying with the
requirements of the systems approach, no avocado fruit from the place
of production or packinghouse will be eligible for export into the
United States until APHIS and the NPPO of Guatemala investigate and
implement remedial measures. Several commenters asked us to
specifically define these ``remedial measures.''
Remedial measures can include cultural, chemical, and mechanical
means, such as preharvest application of pesticide or additional
sanitation requirements. The measures will depend on the pest in
question and the specific instance of noncompliance. More details about
possible remedial measures will be included in the OWP, thus, APHIS
determined that a change to the initial RMD was not warranted to
address this comment.
Our initial RMD proposed that all Hass avocado fruit must be dry-
brushed and/or washed and waxed at packinghouse, as this measure was
taken into consideration as part of the pathway to determine the pest
list and pest ratings described in the pest risk assessment.
One commenter stated that the RMD was unclear as to whether waxing
was a mandatory or optional postharvest treatment. Another commenter
stated that waxing should not be mandatory, as washing and brushing
should be sufficient to mitigate risk.
We agree that waxing should not be mandatory. As noted in the RMD,
our intent was to require production practices that were considered in
the pest risk assessment as part of the pathway to determine the pest
list and pest ratings. However, while the pest risk assessment
considered the pathway to include the condition that fresh fruit will
be culled and brushed or washed during post-harvest processing, it did
not consider the pathway to include the condition of waxing. Because
waxing was not considered as part of the pathway in the pest risk
assessment, it does not need to be required within the RMD. The revised
RMD, which we are publishing alongside this notice, states that all
Hass avocado fruit must be dry-brushed and/or washed at the
packinghouse.
One commenter asked us whether flowers and leaves were considered
``plant debris'' that must be removed from places of production, as per
requirement #10 in the RMD. The commenter stated that, in a previous
OWP, plant debris was limited to fallen fruits and branches eliminated
during the pruning process.
The RMD states that all plant litter and fallen Hass avocado fruit
must be removed from all places of production to remove potential pest
host material. The definition of plant litter and debris in 7 CFR
319.56-2 is ``discarded or decaying organic matter; detached leaves,
twigs, or stems that do not add commercial value to the product.''
APHIS is unsure of what country's OWP the commenter is referencing,
but, for the Guatemala Hass avocado program, the intent of requirement
#10 is the removal of any discarded or decaying plant material that
could harbor target pests, which may include flowers and leaves.
A commenter stated that we should not require culling of fruit with
aesthetic defects caused by nutritional and environmental conditions or
by physical means.
In the initial RMD, requirement #12 stated that all damaged or
blemished Hass avocado fruit must be culled. We agree with the
commenter that aesthetic defects do not necessarily constitute a
phytosanitary risk. We have therefore revised the RMD to remove the
phrase ``or blemished'' from requirement #12. The revised RMD states
that all damaged Hass avocado fruit must be culled. Culling damaged
avocado fruit is a mainstay of commercial crop production, and helps
ensure pest-free avocado fruit. The RMD uses the word ``damage'' to
describe damage to the fruit caused by the pest species referenced in
the pest risk assessment.
Several comments expressed concern about and requested that we
address the prospect of illegal deforestation connected with imports of
avocados from Guatemala. One of these comments cited a letter signed by
several Senators regarding purported problems with avocado production
in Mexico. Two comments suggested that the RMD include provisions for
Guatemalan orchards to follow Guatemalan environmental and labor law.
As a signatory to the SPS Agreement, the United States has agreed
that any prohibitions it places on the importation of fruits and
vegetables will be based on scientific evidence. The provisions of the
RMD are therefore limited to restrictions based on the pest risks
identified in the pest risk assessment.
The letter cited by a commenter discusses concerns with avocados
produced on illegally deforested land in Mexico. The commenter does not
provide evidence indicating that avocados are produced on illegally
deforested land in Guatemala.
Two comments expressed discontent with the Hass Avocado Board, with
one of these comments suggesting specific reforms.
The Hass Avocado Board is under the oversight of the USDA's
Agricultural Marketing Service; APHIS is not involved in this oversight
role. We are unable to respond to the commenter's concerns regarding
the Hass Avocado Board, as they are not within APHIS' purview and
outside of the scope of this notice.
One commenter stated that APHIS did not review the economic
ramifications of allowing imports of avocados from Guatemala.
The commenter is incorrect that APHIS did not assess the potential
economic impacts on domestic producers and consumers of allowing
imports from Guatemala into the United States. The initial notice
included an EEA, which explained that this action is not expected to
significantly impact the U.S. avocado market or U.S. entities, as the
importation of avocado from Guatemala will be in relatively small
quantities. APHIS received no comments that warranted a change to the
EEA.
Multiple comments expressed concern that increased foreign imports
will force domestic growers out of business.
We disagree with the commenters. Assuming that Guatemala imports
the entire anticipated 15,552.8 metric tons of avocados into the United
States (which is not anticipated until 2030), this would represent only
1.1 percent of the domestic supply of avocados in the United States in
2021/2022. Both the results of our economic models, as well as the fact
that this would be a small portion of total domestic avocado supply,
suggest that this action would not have a major effect on domestic
producers.
One commenter asked us to cap foreign imports of avocados at
current levels to mitigate oversupply. Conversely, two commenters
stated they supported our proposal because domestic producers alone are
unable to meet increasing consumer demand for avocado.
APHIS only has authority to deny market access on the basis of pest
and disease risk and not on the basis of competition for domestic
suppliers. However, we did do an economic analysis of the likely price
effects and found that this action will likely not have a major impact
on avocado prices. The quantity is anticipated to account
[[Page 88715]]
for 1.1 percent of domestic supply, some of which may offset other
imports.
While the impacts will likely be small in both directions, we agree
that this notice will have an impact on consumers by increasing the
supply of avocados.
Therefore, in accordance with the regulations in Sec. 319.56-4(c),
we are announcing our decision to authorize the importation into the
United States of Hass avocados from Guatemala subject to the conditions
listed in the revised RMD that accompanies this final notice.
These conditions will be listed in the ACIR database (available at
<a href="https://acir.aphis.usda.gov/s/">https://acir.aphis.usda.gov/s/</a>). In addition to these specific
measures, Hass avocados from Guatemala will be subject to the general
requirements listed in Sec. 319.56-3 that are applicable to the
importation of all fruits and vegetables.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the recordkeeping and burden requirements associated
with this action are included under the Office of Management and Budget
control number 0579-0049.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E- Government Act to promote the use of the
internet and other information technologies, to provide increased
opportunities for citizen access to Government information and
services, and for other purposes. For information pertinent to E-
Government Act compliance related to this notice, please contact Mr.
Joseph Moxey, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-
2533.
Authority: 7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
Done in Washington, DC, this 30th day of October 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-25667 Filed 11-7-24; 8:45 am]
BILLING CODE 3410-34-P
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