Cut Flowers Regulations; Removal of Chrysanthemum White Rust-Related Provisions

Issuing agencies

Abstract

We are amending the regulations governing the importation of fresh cut flowers to remove requirements for the importation of specific types of cut flowers from the regulations, and to list them in the U.S. Department of Agriculture database called the Agricultural Commodity Import Requirements instead. We are also removing entirely any restrictions on the importation of fresh cut flowers of the genera Chrysanthemum, Leucanthemella, and Nipponanthemum from countries in which chrysanthemum white rust (Puccinia horiana P. Henn., CWR) is known to exist. This rule will allow us to use a notice-based, streamlined approach to update the import requirements for cut flowers and remove CWR-specific restrictions on the importation of fresh cut flowers.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Rules and Regulations]
[Pages 64253-64256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20630]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 91, No. 194 / Thursday, October 8, 2026 / 
Rules and Regulations

[[Page 64253]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319

[Docket No. APHIS-2019-0024]
RIN 0579-AE66


Cut Flowers Regulations; Removal of Chrysanthemum White Rust-
Related Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations governing the importation of 
fresh cut flowers to remove requirements for the importation of 
specific types of cut flowers from the regulations, and to list them in 
the U.S. Department of Agriculture database called the Agricultural 
Commodity Import Requirements instead. We are also removing entirely 
any restrictions on the importation of fresh cut flowers of the genera 
Chrysanthemum, Leucanthemella, and Nipponanthemum from countries in 
which chrysanthemum white rust (Puccinia horiana P. Henn., CWR) is 
known to exist. This rule will allow us to use a notice-based, 
streamlined approach to update the import requirements for cut flowers 
and remove CWR-specific restrictions on the importation of fresh cut 
flowers.

DATES: Effective November 9, 2026.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Orr, Regulatory Policy 
Specialist, Regulatory Coordination and Compliance, Pest Exclusion and 
Import Programs, APHIS, PPQ, 5601 Sunnyside Ave., Beltsville, MD 20705; 
(240) 946-0542; <a href="/cdn-cgi/l/email-protection#80caf5ece9e5aecff2f2c0f5f3e4e1aee7eff6"><span class="__cf_email__" data-cfemail="8ec4fbe2e7eba0c1fcfccefbfdeaefa0e9e1f8">[email&#160;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 P--Cut Flowers, Sec. Sec.  319.74-1 
through 319.74-4 (referred to below as the regulations), govern the 
importation of cut flowers into the United States. Section 319.74-2 of 
the regulations contains conditions governing the importation of fresh 
cut flowers. Paragraph (a) provides that all imported cut flowers are 
subject to inspection at ports of entry into the United States, while 
paragraph (b) describes, in general terms, actions that APHIS may 
require if cut flowers are found during the inspection to be infested 
with a plant pest.
    Paragraphs (c) and (d) of Sec.  319.74-2 contain requirements 
regarding specific types of cut flowers. Paragraph (c) provides that 
any cut flower found upon inspection to be infested with agromyzids 
(leaf-miners) must be fumigated with methyl bromide in accordance with 
7 CFR part 305, which contains our phytosanitary treatment regulations. 
Paragraph (d) lists the cut flowers of the genera Chrysanthemum, 
Leucanthemella, and Nipponanthemum that are considered to be hosts of 
chrysanthemum white rust (Puccinia horiana P. Henn., CWR) and countries 
in which CWR is known to exist. It explains that in order for any of 
these cut flowers to be imported into the United States, they must be 
grown in a place of production that is registered with the national 
plant protection organization (NPPO) of the respective country and that 
is subject to inspection by an APHIS-approved inspector; must be 
accompanied by a phytosanitary certification or equivalent 
documentation issued by the NPPO of the exporting country or their 
designee with an additional declaration that the place of production 
and the consignment itself were inspected and found free of CWR; and 
must have the identity of the registered production site marked on 
their box as well as other shipping documents that accompany the cut 
flowers.
    On April 17, 2023, we published in the Federal Register a proposed 
rule (88 FR 23365-23368, Docket No. APHIS-2019-0024) \1\ to amend the 
regulations governing the importation of fresh cut flowers to remove 
requirements for the importation of specific types of cut flowers from 
the regulations, and to list them in the U.S. Department of Agriculture 
database called the Agricultural Commodity Import Requirements (ACIR) 
database instead. We also proposed a notice-based, streamlined approach 
to update the import requirements for fresh cut flowers.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, the supporting documents, and the 
comments that we received, go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Enter APHIS-
2019-0024 in the Search field.
---------------------------------------------------------------------------

    We also proposed to remove entirely any restrictions on the 
importation of fresh cut flowers of the genera Chrysanthemum, 
Leucanthemella, and Nipponanthemum from countries in which CWR is known 
to exist. We proposed to relieve such restrictions based on an economic 
evaluation analysis, titled ``Economic Evaluation of the Regulatory 
Policy for Chrysanthemum White Rust (CWR) (Puccinia horiana Henn.) in 
the United States,'' which we made available for public comment along 
with the proposed rule. (The EE was initially completed in 2019; 
however, APHIS reviewed the document in September 2026 and confirmed 
that the 2019 data analyzed remains accurate.) Through the EE, APHIS 
determined that the United States eradication policy for CWR is no 
longer technically and economically justified. Specifically, APHIS 
found that efforts to eradicate CWR are costly because the pathogen can 
overwinter and survive in dormant below-ground parts, with a latency of 
expression. Additionally, APHIS found that fungicides are available and 
provide growers with a compliance alternative at a fraction of the cost 
of the value of a chrysanthemum plant. To that end, APHIS determined 
that CWR is no longer considered a pest of quarantine

[[Page 64254]]

significance and should be moved to a management phase. We also 
proposed adding two definitions to the regulations, for ``ACIR'' and 
``quarantine pest.''
    We solicited comments concerning our proposal for 60 days ending 
June 16, 2023.
    APHIS received 21 comments by that date. They were from flower 
importers, exporters, distributors, breeders, shippers, flower industry 
trade groups, and government agencies.
    Of the 21 comments received, 20 supported the rule, while one 
additional commenter registered no comment or concern. Several 
technical clarifications were requested, however. The comments received 
are discussed below.
    A commenter requested an explanation of the differences and 
advantages of the notice-based process.
    The essential difference in the notice-based process as opposed to 
the rulemaking process is that it can take less time. As indicated in 
the economic analysis that accompanied the proposed rule, we estimated 
that the time savings this double-notice process affords may range from 
6 months to 2\1/2\ years. We based this on comparable estimates in a 
prior rulemaking (``Establishing a Performance Standard for Authorizing 
the Importation and Interstate Movement of Fruits and Vegetables,'' 83 
FR 46627-46639, Docket No. APHIS-2010-0082) that established a similar 
notice-based process for the importation of all fruits and vegetables, 
as well as their interstate movement from Hawaii and the territories. 
Before that final rule, the rulemaking process for importation into the 
United States and interstate movement from Hawaii and the U.S. 
territories of fruits and vegetables took anywhere from 18 months to 
upward of 3 years. At the time, we estimated that the rule would reduce 
the administrative process needed for approval of these fruits and 
vegetables to 6 to 12 months. The current rulemaking process for fresh 
cut flowers is like the former rulemaking process for fruits and 
vegetables, and the notice-based process for fresh cut flowers would be 
substantively similar to that of the double-notice process for the 
importation of fruits and vegetables. Accordingly, the time savings are 
expected to be similar for fresh cut flowers. We will continue to 
prepare scientific documentation as necessary with the same rigor we 
have always exercised. We will provide that same level of scientific 
documentation for review and comment in the notice-based process. As 
noted by a separate commenter on the proposed rule, an advantage of 
this notice-based process is that it will allow APHIS to respond to 
market access requests for cut flowers more efficiently and thus make 
our import requirements more responsive to changes in pest risk.
    In proposed paragraph (d)(2) in Sec.  319.74-2, we proposed that if 
APHIS determines that the requirements for the importation of a 
specific type of cut flower are no longer sufficient to reasonably 
mitigate the pest risk posed by the cut flower, we would prohibit or 
further restrict importation of the cut flower. We would subsequently 
publish a notice in the Federal Register advising the public of our 
findings. The notice would specify the amended importation 
requirements, provide an effective date for the change, and invite 
public comment on the subject.
    A commenter asked whether there would be a public consultation 
period for submitting technical comments, and how long the comment 
period would be if there was.
    As noted in the proposed rule, there will be a comment period for 
such notices during which technical comments may be submitted. While we 
did not specify its duration in the proposed rule for the process for 
adding restrictions, the comment period will be a minimum of 60 days 
for the double-notice process both to remove, or relax, restrictions as 
well as for the double-notice process to add restrictions. We have 
clarified this in the regulatory text of this final rule.
    The same commenter asked us whether we were proposing to change any 
of the requirements currently found in paragraph (c) of 319.74-2 by 
removing them from the regulations and including them in the 
Agricultural Commodity Import Requirements (ACIR) database.
    The only changes to the import requirements for fresh cut flowers 
that will occur as a result of this rule are that the CWR requirements 
are being removed. All other import requirements for fresh cut flowers 
will remain unchanged.
    Finally, in preparing the final rule, we noticed that the 
definition of ``USDA Agricultural Commodity Import Requirements 
database'' contained a reference to USDA-APHIS offices in Riverdale, 
MD. That office has since closed and been relocated to Beltsville, MD. 
We have updated the definition to reflect this relocation.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule with the 
changes discussed above.

Executive Orders 12866 and 14192, and Regulatory Flexibility Act

    This final 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
on the <a href="http://Regulations.gov">Regulations.gov</a> website (see footnote 1 in this document for a 
link to <a href="http://Regulations.gov">Regulations.gov</a>) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT or on the <a href="http://Regulations.gov">Regulations.gov</a> website. Based on 
the conclusions of the analysis, the action is considered deregulatory 
under Executive Order 14192.
    We are advising the public of our decision to deregulate 
Chrysanthemum White Rust (CWR) and authorize the importation of 
Chrysanthemum spp. fresh cut flowers and synonymous genera of cut 
flowers from certain countries into the continental United States. 
Based on findings of an economic evaluation, which we made available to 
the public for review and comment through a previous proposed rule, we 
have determined that CWR should no longer be considered to be of 
quarantine significance.
    The final rule will remove Chrysanthemum White Rust-specific 
restrictions on fresh cut flower imports and transition the fresh cut 
flower regulations to a notice-based process for communicating changes 
in import requirements. Notices will communicate changes to import 
requirements based on pest risk. Stakeholders will have the opportunity 
to comment on notices. The only direct economic impacts associated with 
this rule are to fresh cut flowers that serve as hosts for the CWR 
fungus.
    We estimate that the time savings afforded by this rule may range 
from 6 months to 2\1/2\ years per notice, relative to the status quo. 
We based this on comparable estimates in a prior rulemaking 
(``Establishing a Performance Standard for Authorizing the Importation 
and Interstate Movement of Fruits and Vegetables,'' 83 FR 46627-46639, 
Docket No. APHIS-2010-0082) that established a similar notice-based 
process for the importation of all fruits and vegetables, as well as 
their interstate movement from Hawaii and the territories. Before that 
final rule, the rulemaking process for importation into the United 
States and interstate movement from Hawaii and the U.S. territories of 
fruits and vegetables took

[[Page 64255]]

anywhere from 18 months to upward of 3 years. At the time, we estimated 
that the rule would reduce the administrative process needed for 
approval of these fruits and vegetables to 6 to 12 months. The current 
rulemaking process for cut flowers is like the former rulemaking 
process for fruits and vegetables, and the notice-based process will be 
substantively similar to that of the double-notice process for the 
importation of fruits and vegetables. Accordingly, the time savings are 
expected to be similar for cut flowers.
    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic effects their rules have on small entities as 
established by the Small Business Administration (SBA) and based on the 
North American Industry Classification System (NAICS) size standards 
economic entities. According to the SBA, entities involved in 
Floriculture Production (NAICS 111422) with $3.75 million or less in 
annual receipts are classified as small entities.
    Based on NASS data, in 2023, there were approximately 10,216 
operations, responsible for producing around $6.68 billion total in 
sales. Of the producers in the floriculture category, a little more 
than 1,396 operations had sales of $500,000 or more. Thus, at least 86 
percent of all floriculture operations can be classified as small 
entities. The percentage of small entities is likely higher given 
entities with $500,000 or more in sales is last value breakout.
    The only direct economic impacts associated with this rule are to 
fresh cut flowers that serve as hosts for the CWR fungus. Of the 
approximately 423 operations engaged in cut flower production, which is 
a subcategory of the floriculture industry, there are only about 20 
chrysanthemum (pompoms) operations. The value of the cut flower 
category was about $349.9 million in 2023, while that of chrysanthemums 
(pompoms) was around $1.6 million (less than 1 percent of the total cut 
flower value), implying that most chrysanthemum producers are small 
entities.
    Marketing channels for cut flowers have become increasingly 
complex. While most fresh cut flowers move through the traditional 
marketing channel from growers to wholesalers then to retailers and 
finally to consumers, the route to the final consumer is no longer as 
well defined. Some producers sell directly to retailers or consumers 
and some wholesalers and retailers act as brokers or importers. Because 
in large part the production of fresh cut flowers for the U.S. market 
has shifted overseas, some importers are fulfilling the traditional 
wholesaler's role of aggregating and assembling offshore production and 
selling directly to retail outlets.
    Some large U.S. retailers work directly with brokers who get 
foreign producers to meet the retailers' specific requirements. 
Vertical integration and consolidation has led to the roles becoming 
less well-defined. Retail marketing of fresh cut flowers has shifted 
from a large number of small, independent retail florists to florist 
chains and mass market retailers with garden centers. The entrance of 
mass merchandisers, or ``big box'' stores, to the distribution of fresh 
cut flowers, as well as other garden products, has greatly influenced 
the change in marketing practices in the industry.
    Based on the NAICS code, there are approximately 6,162 business 
entities classified as Flower, Nursery Stock, and Florists' Supplies 
Merchant Wholesalers (424930). This category is comprised of 
establishments that are primarily engaged in the merchant wholesale 
distribution of flowers, florists' supplies, and/or nursery stock 
(except plant seeds and plant bulbs). One role of operations in this 
category is the distribution of cut flowers imported to the United 
States, including chrysanthemums (pompoms). The small-entity standard 
for these operations is not sales revenue, but whether they have 100 or 
more employees. Available data on U.S. importers of floriculture 
products, particularly cut flowers of a specific type, is sparse. 
According to 2022 Economic Census, only 105 entities in this industry 
category had 100 or more employees, or less than two percent of the 
industry, thus the majority of entities (98%) are considered small by 
SBA standards.
    The final rule removes CWR-specific import restrictions only for 
fresh cut flowers which are susceptible to CWR, namely chrysanthemums. 
While this rule may enable foreign producers to send a greater quantity 
of chrysanthemums to the United States, it is doubtful that the 
quantity will be large enough to affect chrysanthemum prices or alter 
demand, as imports are already allowed (albeit with a phytosanitary 
certificate and/or equivalent documentation). Colombia already 
dominates this import category, with over 98 percent of the 
chrysanthemum.
    The final rule will not lessen market pressure for domestic 
producers that already exist, but neither should it exacerbate it. In 
addition, retailers and wholesalers should not be adversely impacted by 
the rule as these entities may acquire additional suppliers of quality 
pompoms. Consumers may benefit from a more stable supply of cut 
chrysanthemums. While the rule may enable countries to export more cut 
chrysanthemums to the United States, the rule should neither encourage 
nor entice a significant increase of imports as imports have already 
been occurring, subject to CWR-specific restrictions, for several years 
and markets have had time to establish. However, in the absence of 
reliable price and quantity data, the impact of the rule is difficult 
to estimate. Producers and consumers should not be adversely impacted 
based on historical imports that are already taking place. Affected 
entities may also face increased competition from having the product 
available sooner.
    It is not known how sensitive U.S chrysanthemum prices are to 
changes in the quantity imported. There is little information with 
which to quantify the impact of a potential increase in cut 
chrysanthemum imports on prices, but we assume demand will remain 
relatively unchanged and the rule will not adversely impact producers, 
wholesalers, or retailers.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the reporting and recordkeeping 
requirements included in this final rule are approved by the Office of 
Management and Budget (OMB) under OMB control number 0579-0049.

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 are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:


[[Page 64256]]


    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.

0
2. Amend Sec.  319.74-1 by adding, in alphabetical order, definitions 
for Quarantine pest and USDA Agricultural Commodity Import Requirements 
database to read as follows:


Sec.  319.74-1  Definitions.

* * * * *
    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.
* * * * *
    USDA Agricultural Commodity Import Requirements database. The 
database that contains restrictions on the importation of specific 
types of cut flowers, as provided in Sec.  319.74-2, and other 
information about the importation of cut flowers as provided in this 
subpart. 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 commodity import requirements 
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#0d6c6e647f696c796c6f6c7e68236e6260606863797e4d787e696c236a627b"><span class="__cf_email__" data-cfemail="09686a607b6d687d686b687a6c276a6664646c677d7a497c7a6d68276e667f">[email&#160;protected]</span></a>, or by 
submitting a request to the United States Department of Agriculture's 
Animal and Plant Health Inspection Service, Attention: PPQ-PEIP-IRM-
ISMU, 5601 Sunnyside Ave, Beltsville, MD 20740. Written requests for 
the database information should be marked as such.

0
3. Amend Sec.  319.74-2 by:
0
a. Revising paragraphs (c) and (d);
0
b. Redesignating paragraphs (e) and (f) as paragraphs (f) and (g), 
respectively;
0
c. Adding a new paragraph (e);
0
d. In newly redesignated paragraph (f), in the first sentence, removing 
the words ``under this part'' and adding, in their place, the words 
``in accordance with this part''; and
0
e. Revising the OMB citation at the end of the section.
    The revisions and addition read as follows:


Sec.  319.74-2  Conditions governing the entry of cut flowers.

* * * * *
    (c) Location of additional requirements for the importation of 
specific cut flowers. In addition to any other general conditions for 
importation in this section, APHIS may impose additional restrictions 
on the importation of specific types of cut flowers in order to 
effectively mitigate the risk of introducing quarantine pests into the 
United States. For the taxa of cut flowers whose importation is subject 
to additional restrictions, and the specific restrictions that apply to 
the importation of those cut flowers, consult the USDA Agricultural 
Commodity Import Requirements database.
    (d) Process for adding, changing, or removing restrictions. 
Restrictions on the importation of specific types of cut flowers will 
be changed through the following processes:
    (1) Process for removing or relaxing restrictions. (i) If APHIS 
determines that the requirements for the importation of a specific type 
of cut flower are no longer necessary to reasonably mitigate the pest 
risk posed by the cut flower, APHIS will publish a notice in the 
Federal Register proposing to revise the requirements for the 
importation of the cut flower. The notice will also make the new pest 
risk documentation on which these proposed requirements are based 
available for public comment. The notice will allow for at least 60 
days of public comment.
    (ii) APHIS will issue a second notice after the close of the public 
comment period on the notice described in paragraph (d)(1)(i) of this 
section. This notice will inform the public of APHIS' decision whether 
to remove or relax requirements for the importation of the cut flower, 
and it will respond to any comments received on the initial notice.
    (2) Process for adding restrictions. (i) If APHIS determines that 
the requirements for the importation of a specific type of cut flower 
are no longer sufficient to reasonably mitigate the pest risk posed by 
the cut flower, APHIS will prohibit or further restrict importation of 
the cut flower. 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. The notice will 
allow for at least 60 days of public comment.
    (ii) APHIS will issue a second notice after the close of the public 
comment period on the notice described in paragraph (d)(2)(i) of this 
section. This notice will inform the public of APHIS' decision whether 
to add requirements for the importation of the cut flower, and it will 
respond to any comments received on the initial notice.
    (e) Previously imposed restrictions on the importation of specific 
types of cut flowers. Types of cut flowers whose importation was 
subject to specific restrictions as of November 9, 2026, will continue 
to be subject to those restrictions, except as changed in accordance 
with the process specified in paragraph (d) of this section. The 
restrictions are found in the USDA Agricultural Commodity Import 
Requirements database.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0049)

    Done in Washington, DC, this 29th day of September 2026.
Kelly Moore,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2026-20630 Filed 10-7-26; 8:45 am]
BILLING CODE 3410-34-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>