Proposed Rule2026-15857
Importation of Coffee Into Hawaii and Puerto Rico
Primary source
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Published
August 5, 2026
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are proposing to amend the regulations regarding the importation of unroasted coffee and related articles into Hawaii and Puerto Rico by establishing a notice-based process for changes to the prohibitions on importing such articles. We would also broaden language regarding coffee pests. We are proposing these amendments because they would allow the Agency to more efficiently respond to market access requests as well as to emerging pest situations. These amendments would allow us to use a streamlined approach to update the importation conditions for unroasted coffee and related articles while continuing to protect plant health.
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<title>Federal Register, Volume 91 Issue 149 (Wednesday, August 5, 2026)</title>
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[Federal Register Volume 91, Number 149 (Wednesday, August 5, 2026)]
[Proposed Rules]
[Pages 50485-50488]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15857]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 149 / Wednesday, August 5, 2026 /
Proposed Rules
[[Page 50485]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2023-0073]
RIN 0579-AE90
Importation of Coffee Into Hawaii and Puerto Rico
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations regarding the
importation of unroasted coffee and related articles into Hawaii and
Puerto Rico by establishing a notice-based process for changes to the
prohibitions on importing such articles. We would also broaden language
regarding coffee pests. We are proposing these amendments because they
would allow the Agency to more efficiently respond to market access
requests as well as to emerging pest situations. These amendments would
allow us to use a streamlined approach to update the importation
conditions for unroasted coffee and related articles while continuing
to protect plant health.
DATES: We will consider all comments that we receive on or before
October 5, 2026.
ADDRESSES: You may submit comments by either of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Enter APHIS-2023-0073 in the Search field. Select the Documents tab,
then select the Comment button in the list of documents.
<bullet> Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2023-0073, Regulatory Analysis and Development, PPD,
APHIS, 5601 Sunnyside Ave., Beltsville, MD 20740.
Supporting documents and any comments we receive on this docket may
be viewed at <a href="http://Regulations.gov">Regulations.gov</a> or in our reading room, which is located
in Room 1620 of the USDA South Building, 14th Street and Independence
Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except holidays. To be sure someone is
there to help you, please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. Derek A. Woller, Senior Regulatory
Policy Specialist, RCC, IRM, PEIP, PPQ, APHIS, 5601 Sunnyside Ave.,
Beltsville, MD 20705-5000; (480) 490-6454; <a href="/cdn-cgi/l/email-protection#4a0e2f382f21640b641d2526262f380a3f392e2b642d253c"><span class="__cf_email__" data-cfemail="8dc9e8ffe8e6a3cca3dae2e1e1e8ffcdf8fee9eca3eae2fb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the
Secretary of Agriculture is authorized to take such actions as may be
necessary to prevent the introduction and spread of plant pests and
noxious weeds within the United States. The Secretary has delegated
this authority to the Administrator of the Animal and Plant Health
Inspection Service (APHIS) within the U.S. Department of Agriculture
(USDA). Pursuant to the regulations in 7 CFR part 319, APHIS prohibits
or restricts the importation of plants and plant products into the
United States to prevent the introduction of plant pests that are not
already established in the United States or plant pests that may be
established but are under official control.
The regulations in Subpart O-Coffee, Sec. Sec. 319.73-1 through
319.73-4 (referred to below as the regulations) prohibit the
importation of unroasted coffee, coffee leaves, and empty sacks used
for unroasted coffee into Hawaii and Puerto Rico. Section 319.73-2(a)
prohibits the importation of these articles to prevent the introduction
and spread of two plant pests: the coffee berry borer, Hypothenemus
hampei, and coffee leaf rust, Hemileia vasatrix.
We are proposing to remove the reference to these two pests from
Sec. 319.73-2(a) and state instead that the prohibition exists to
prevent the introduction of quarantine pests. This change would allow
us to analyze plant pest risk more comprehensively when considering
requests for changes to the prohibition on importing unroasted coffee
and related articles into Hawaii and Puerto Rico and therefore better
protect United States agriculture from plant pests. Moreover, the
regulations were written at a time when Hypothenemus hampei and
Hemileia vasatrix were not present in Puerto Rico and Hawaii; as this
is no longer the case, our amendment would also serve to adapt the
regulations to the changing pest situation in Hawaii and Puerto Rico.
To clarify what we mean by quarantine pests, we would add a definition
for the term in Sec. 319.73-1. Quarantine pest would be defined as a
pest of potential economic importance to the area endangered by it and
not yet present there, or present but not widely distributed there and
being officially controlled.
We are also proposing a new process for amending the import
regulations in subpart O. Any individual who wishes to request a change
to the import regulations contained in part 319 must do so by following
the procedures outlined in Sec. 319.5. Currently, any change to the
prohibition on importing unroasted coffee and related articles that may
result from such a request must occur through rulemaking to establish
an exemption from the blanket prohibition referenced earlier in this
document. The regulations in subpart O have never been amended in
response to such a request. However, we have received stakeholder
interest regarding the importation of unroasted coffee beans into
Hawaii and Puerto Rico and expect that this interest may continue. We
believe that stakeholders, as well as APHIS, would benefit from a
simplified and streamlined process for changing the regulations.
APHIS has found that a notice-based process generally allows us to
respond to changes in the pest risk associated with the importation of
plants, plant parts, or plant products in a more timely manner than
rulemaking, while still providing the public with an opportunity to
thoroughly evaluate the risk documentation on which our proposed
changes are based. We currently use notice-based processes for changes
to the import regulations for plants for planting in 7 CFR 319.37, and
for changes to the import regulations for fruits and vegetables in 7
CFR 319.56. Given our successful experience using this process for
those commodities, we are proposing to establish a notice-based process
for changing the regulations regarding importing unroasted coffee beans
and related articles into Hawaii and Puerto Rico. Specifically, we
[[Page 50486]]
propose to redesignate Sec. Sec. 319.73-3 and 319.73-4 as Sec. Sec.
319.73-4 and 319.73-5, respectively, and add a new Sec. 319.73-3 that
would discuss the conditions for the importation of unroasted coffee,
and the current list of related articles including coffee leaves, and
empty sacks previously used for unroasted coffee into Hawaii and Puerto
Rico.
In the new Sec. 319.73-3, paragraph (a) would outline the notice-
based process for authorizing the importation of articles listed in
Sec. 319.73-2(a)(1)-(3) into Hawaii and Puerto Rico. Articles may be
imported after APHIS has analyzed the pest risk posed by the
importation of such articles from a specified foreign region, and has
determined that the articles do not pose a risk of introducing
quarantine pests, or that the quarantine pest risk posed by the
articles can be reasonably mitigated by specified requirements; APHIS
has made its pest risk analysis and determination available for public
comment for at least 60 days through a notice published in the Federal
Register; and APHIS has announced its decision in a subsequent Federal
Register notice. The decision would state either that, based on the
absence of comments, or the nature of the comments received, the Agency
is authorizing the importation of the articles subject to the
requirements initially proposed; or, based on the comments received,
the Agency is authorizing the importation of the articles under revised
requirements that respond to the comments. In the event that APHIS
decides against authorizing the importation after receiving public
comments, the general prohibition in 319.73-2(a) would continue to
apply to the relevant articles.
Paragraph (b) would direct individuals to the USDA Agricultural
Commodity Import Requirements (ACIR) database for the name and origin
of all articles authorized importation under Sec. 319.73-3, as well as
the applicable requirements for their importation. We would state that
ACIR is available on the internet at <a href="https://acir.aphis.usda.gov/s/">https://acir.aphis.usda.gov/s/</a>.
Hard copies of ACIR entries may be obtained by calling (301) 851-2046
or (877) 770-5990 (toll-free automated system), by emailing
<a href="/cdn-cgi/l/email-protection#6e0f0d071c0a0f1a0f0c0f1d0b400d0103030b001a1d2e1b1d0a0f40090118"><span class="__cf_email__" data-cfemail="7617151f0412170217141705135815191b1b13180205360305121758111900">[email protected]</span></a>, or by submitting a request to the
United States Department of Agriculture Animal and Plant Health
Inspection Service, Attention: PPQ-PEIP-IRM-ISMU, 1400 Independence
Ave. SW, Washington, DC 20250.
Proposed paragraph (c) would outline the processes for changing the
requirements relevant to importing coffee articles. Paragraph (c)(1)
would provide that, if APHIS determines that the requirements for the
importation of articles listed in Sec. 319.73-2(a)(1)-(3) that have
been authorized importation under subpart O are no longer sufficient to
reasonably mitigate the pest risk posed by the articles, APHIS will
prohibit or add further requirements for the importation of the
articles. APHIS would also publish a notice in the Federal Register
advising the public of its finding. The notice would specify the
amended importation requirements, provide an effective date for the
change, and would invite public comment on the subject.
Paragraph (c)(2) would provide that, if APHIS determines that any
of the requirements for an article that has been authorized importation
under subpart O are no longer necessary to reasonably mitigate the pest
risk posed by the article, APHIS will make new pest risk documentation
available for public comment, using the process described in paragraphs
(a)(2)-(3) of Sec. 319.73-3, prior to allowing importation of the
article subject to the removed or relaxed requirements specified in the
notice.
In proposed paragraph (d), we would direct individuals who wish to
request the authorization for importation of articles listed in Sec.
319.73-2(a)(1)-(3) into Hawaii and Puerto Rico from a specified foreign
region, or to request a change in the requirements for the importation
of such articles, to Sec. 319.5. As explained earlier, Sec. 319.5
provides the procedures for requesting a change in import conditions
for plants, plant parts, or plant products covered under part 319. We
believe that adding a direct reference to these procedures would add
clarity for stakeholders who wish to request a change to the
prohibition on importing unroasted coffee and related coffee products
into Hawaii and Puerto Rico.
Finally, in Sec. 319.73-1, we are proposing to add two additional
definitions. We would add a definition for APHIS to read, ``the Animal
and Plant Health Inspection Service, United States Department of
Agriculture.'' The term APHIS is currently used in the regulations but
is not defined. We are also proposing to revise the definition of
United States to increase clarity and harmonize the definition in
subpart O with the definition of United States in several other
subparts in part 319, including that in Subpart L--Fruits and
Vegetables. The revised definition would define United States as all of
the States of the United States, the Commonwealth of Northern Mariana
Islands, the Commonwealth of Puerto Rico, the District of Columbia,
Guam, the Virgin Islands of the United States, and any other territory
or possession of the United States.
Executive Order 12866, Executive Order 14192, and Regulatory
Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget. As a proposed rule, it
also is not subject to Executive Order 14192.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. Copies of
the full analysis are available by contacting the person listed under
FOR FURTHER INFORMATION CONTACT or on the <a href="http://Regulations.gov">Regulations.gov</a> website (see
ADDRESSES above for instructions for accessing <a href="http://Regulations.gov">Regulations.gov</a>).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
The Animal and Plant Health Inspection Service (APHIS) is proposing
to amend the regulations regarding the importation of unroasted coffee
and related articles into Hawaii and Puerto Rico by establishing a
notice-based process for changes to the prohibitions on importing such
articles. The proposal would also broaden language regarding coffee
pests. APHIS is proposing these amendments because they would allow the
Agency to more efficiently respond to market access requests as well as
to emerging pest situations. These amendments would allow the Agency to
use a streamlined approach to update the importation conditions for
unroasted coffee and related articles while continuing to protect plant
health.
This proposed rule would have no direct impact on the quantity of
green coffee beans imported into Hawaii or Puerto Rico. The proposed
rule does not grant any new specific market access or even expand the
general possibility of requesting market access for foreign unroasted
coffee. It does set up a streamlined approach to update the importation
conditions for unroasted
[[Page 50487]]
coffee. Going forward, the streamlined approach could facilitate a
broader source of green coffee available to be imported into Hawaii or
Puerto Rico. If such future actions were to occur, and there were
changes in imports as a result, producers and consumers of coffee
products in the Hawaiian and Puerto Rican coffee markets could be
affected.
The proposed rule does not itself grant any market access for green
unroasted coffee beans. However, if future actions enabled by this rule
lead to an expansion of imports, the impact of any such expanded
imports is likely to be limited. Because coffee grown in Hawaii and
Puerto Rico is generally marketed as a specialty or premium product it
does not directly compete with mass-market commodity coffee, including
imported green beans. Hawaii's coffee market conditions have changed
and will continue to change substantially in the near future. These
shifts, particularly new state regulations affecting blending standards
and the identification of Hawaii-grown coffee products, are anticipated
to significantly impact the marketing and supply chain for Hawaii-grown
coffee across retail and food service markets. Coffee products produced
and supplied by Hawaii include coffee beans with a 100% Hawaii
geographic origin (e.g., 100% Kona coffee), but also roasted coffee
blends (e.g., 10% Kona coffee) that may contain prime or lower grade
beans grown in Hawaii, as well as lower-cost beans imported from other
countries. These blends make up much of the coffee sold from Hawaii.
Currently, coffee blends may carry a Hawaii geographical reference if
they contain a minimum of 10% Hawaii-grown beans. The new standard will
require a minimum of 51% Hawaii-grown beans to carry a Hawaii
geographical reference after July 1st, 2027. Fully Hawaii-grown coffee
products, i.e., 100% Kona coffee, are extremely limited by the quantity
of Hawaiian and sub-regional (particularly Kona) coffee production.
Reducing import friction relative to foreign-grown green coffee beans
facilitates the production of the blended products and adds value to
those imported beans. Because of the specialty premium market
positioning of Hawaii-grown coffee, an increase in the imports of
foreign-grown green coffee beans would not directly impact the products
that consist entirely of Hawaii-grown coffee beans. It is possible that
future actions that are facilitated by the existence of this rule could
have impacts on consumers, producers, and retailers of blended coffee
products, but any impacts would very likely be small relative to larger
market forces like the blending and labeling changes.
Puerto Rico imports substantial quantities of foreign-grown coffee.
Puerto Rico-grown coffee is generally considered to be a premium
specialty product, rather than a generic commodity like many cheaper
imported coffees. Puerto Rico, which consumes about ten times as much
coffee as it produces, requires significant levels of importation of
foreign-grown coffee beans. Thus, the cheaper imported beans are not
primarily competing with locally-grown coffee, much of which is
exported or sold in the U.S. mainland specialty coffee market.
Consumers of coffee products, both in Hawaii and Puerto Rico as well as
in the continental United States, would benefit to the extent that an
expansion of foreign-grown green coffee beans increases supply or
lowers prices of blended coffee products in those markets.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to revise 7 CFR part 319, subpart O, to
read as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. Amend Sec. 319.73-1 by:
0
a. Adding, in alphabetical order, definitions for APHIS and Quarantine
pest; and
0
b. Revising the definition of United States.
The additions and revision read as follows:
Sec. 319.73-1 Definitions.
* * * * *
APHIS. The Animal and Plant Health Inspection Service, United
States Department of Agriculture.
* * * * *
Quarantine pest. A pest of potential economic importance to the
area endangered by it and not yet present there, or present but not
widely distributed there and being officially controlled.
* * * * *
United States. All of the States of the United States, the
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, the Virgin Islands of the United
States, and any other territory or possession of the United States.
0
2. Revise Sec. 319.73-2 to read as follows:
319.73-2 Notice of Quarantine.
(a) To prevent the introduction or spread of quarantine pests, the
following articles are prohibited importation into Hawaii and Puerto
Rico, except as provided in Sec. Sec. 319.73-3 and 319.73-4 of this
subpart:
(1) Unroasted coffee;
(2) Coffee leaves; and
(3) Empty sacks previously used for unroasted coffee.
(b) The importation of any coffee plants (including bare seeds,
seeds in pulp, and any other plant parts) that are for planting or
capable of being planted is restricted under Subpart H--Plants for
Planting Sec. 319.37-4 of this part.
Sec. Sec. 319.73-3 and 319.73-4 [Redesignated]
0
3. Redesignate Sec. Sec. 319.73-3 and 319.73-4 as Sec. Sec. 319.73-4
and 319.73-5, respectively.
0
4. Add new Sec. 319.73-3 to read as follows:
Sec. 319.73-3 Conditions for the importation of coffee into Hawaii
and Puerto Rico.
(a) Authorization for importation. Articles listed in Sec. 319.73-
2(a)(1)-(3) may be authorized for importation into Hawaii and Puerto
Rico after:
(1) APHIS has analyzed the pest risk posed by the importation of
such articles from a specified foreign region, and has determined that
the articles do not pose a risk of introduction of quarantine pests, or
that the quarantine pest risk posed by the articles can be reasonably
mitigated by specified requirements;
(2) APHIS has made its pest risk analysis and determination
available for public comment for at least 60 days through a notice
published in the Federal Register; and
(3) APHIS has announced its decision in a subsequent Federal
Register notice, either that:
[[Page 50488]]
(i) based on the absence of comments, or the nature of the comments
received, the Agency is authorizing the importation of the articles
subject to the requirements initially proposed, or
(ii) based on the comments received, the Agency is authorizing the
importation of the articles under revised requirements that respond to
the comments.
(b) Articles authorized importation. For the name and origin of all
articles authorized importation under this section, as well as the
applicable requirements for their importation, consult the USDA
Agricultural Commodity Import Requirements (ACIR) database. The
database is available on the internet at <a href="https://acir.aphis.usda.gov/s/">https://acir.aphis.usda.gov/s/</a>. Hard copies of ACIR entries may be obtained by calling (301) 851-
2046 or (877) 770-5990 (toll-free automated system), by emailing
<a href="/cdn-cgi/l/email-protection#97f6f4fee5f3f6e3f6f5f6e4f2b9f4f8fafaf2f9e3e4d7e2e4f3f6b9f0f8e1"><span class="__cf_email__" data-cfemail="315052584355504550535042541f525e5c5c545f454271444255501f565e47">[email protected]</span></a>, or by submitting a request to the
United States Department of Agriculture Animal and Plant Health
Inspection Service, Attention: PPQ-PEIP-IRM-ISMU, 1400 Independence
Ave. SW, Washington, DC 20250. Written requests for the database
information should be marked as such.
(c) Changes to requirements.
(1) Reinstating prohibition or adding requirements. If APHIS
determines that the requirements for the importation of articles listed
in Sec. 319.73-2(a)(1)-(3) that have been authorized importation under
this subpart are no longer sufficient to reasonably mitigate the pest
risk posed by the articles, APHIS will prohibit or add further
requirements for the importation of the articles. APHIS will also
publish a notice in the Federal Register advising the public of its
finding. The notice will specify the amended importation requirements,
provide an effective date for the change, and will invite public
comment on the subject.
(2) Removing or relaxing requirements. If APHIS determines that any
of the requirements for an article that has been authorized importation
under this subpart are no longer necessary to reasonably mitigate the
pest risk posed by the article, APHIS will make new pest risk
documentation available for public comment, using the process described
in paragraphs (a)(2)-(3) of this section, prior to allowing importation
of the article subject to the removed or relaxed requirements specified
in the notice.
(d) Requesting changes. Persons who wish to request the
authorization for importation of articles listed in Sec. 319.73-
2(a)(1)-(3) into Hawaii and Puerto Rico from a specified foreign
region, or to request a change in the requirements for the importation
of such articles, must do so in accordance with Sec. 319.5.
Done in Washington, DC, this 28th day of July 2026.
Kelly Moore,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2026-15857 Filed 8-4-26; 8:45 am]
BILLING CODE 3410-34-P
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