Notice of Decision To Deregulate Chrysanthemum White Rust and the Importation of Chrysanthemum spp. Cuttings, and In Vitro Plantlets, and Synonymous Taxa From Certain Countries Into the Continental United States
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Abstract
We are advising the public of our decision to deregulate Chrysanthemum White Rust and authorize the importation of Chrysanthemum spp. cuttings, in vitro plantlets, and synonymous taxa from certain countries into the continental United States as described in this notice. Based on the findings of the pest risk analyses, which we made available to the public for review and comment through a previous notice, we modified and updated the commodity import evaluation and pest list documents and determined that the importation of Chrysanthemum spp. cuttings, in vitro plantlets, and synonymous genera from certain countries does not pose a risk of introducing quarantine pests into the United States.
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Notices]
[Pages 64325-64330]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20631]
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Notices
Federal Register
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or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 91, No. 194 / Thursday, October 8, 2026 /
Notices
[[Page 64325]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2021-0081]
Notice of Decision To Deregulate Chrysanthemum White Rust and the
Importation of Chrysanthemum spp. Cuttings, and In Vitro Plantlets, and
Synonymous Taxa From Certain Countries Into the Continental 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 deregulate
Chrysanthemum White Rust and authorize the importation of Chrysanthemum
spp. cuttings, in vitro plantlets, and synonymous taxa from certain
countries into the continental United States as described in this
notice. Based on the findings of the pest risk analyses, which we made
available to the public for review and comment through a previous
notice, we modified and updated the commodity import evaluation and
pest list documents and determined that the importation of
Chrysanthemum spp. cuttings, in vitro plantlets, and synonymous genera
from certain countries does not pose a risk of introducing quarantine
pests into the United States.
DATES: Imports may be authorized beginning November 9, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Heather Coady and Ms. Shannon
Jarman, Regulatory Policy Specialist, Plants for Planting Policy, PPQ,
APHIS, 5601 Sunnyside Ave., Beltsville, MD 20705; (240) 935-1598;
<a href="/cdn-cgi/l/email-protection#c2929293ec8c83929290838297918683eca5adb4"><span class="__cf_email__" data-cfemail="c5959594eb8b84959597848590968184eba2aab3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Under the regulations in ``Subpart H-Plants for Planting'' (7 CFR
319.37-1 through 319.37-23, referred to below as the regulations), the
Animal and Plant Health Inspection Service (APHIS) prohibits or
restricts the importation of plants for planting into the United States
from certain parts of the world to prevent plant pests from being
introduced into or disseminated within the United States.
Section 319.37-4 provides that certain taxa of plants for planting
are not authorized for importation into the United States pending pest
risk analysis (NAPPRA) to prevent the introductions of quarantine pests
into the United States. Paragraph (e) of that section describes the
process of removing a taxon from the NAPPRA list. Under that process,
APHIS proposes the importation of the taxon into the United States if,
based on findings of a pest risk analysis, we determine that taxon-
specific restrictions can mitigate the pest risk associated with the
importation of that taxon. APHIS then publishes a notice in the Federal
Register announcing the availability of the pest risk analysis in
response to the request to remove taxa from the NAPPRA list. Following
the close of the comment period, APHIS will issue a subsequent Federal
Register notice announcing whether or not we will remove the taxa.
In accordance with that process, we published a notice \1\ in the
Federal Register on April 17, 2023 (88 FR 23390-23391, Docket No.
APHIS-2021-0081) in which we announced the availability, for review and
comment, of pest risk analyses. One of the analyses evaluated the risks
associated with the importation of Chrysanthemum (=Dendranthema) spp.,
Leucanthemella serotina, Nipponanthemum nipponicum and synonymous taxa
cuttings (stems, leaves) and in vitro plantlets under a systems
approach from Belgium, Bolivia, Brazil, Colombia, Costa Rica, El
Salvador, Ethiopia, Germany, Guatemala, Kenya, Mexico, the Netherlands,
Nicaragua, Panama, Spain, Tanzania, Tunisia, Uganda, the United
Kingdom, and Vietnam into the continental United States. The 20
countries referenced above submitted a request related to the
importation of Chrysanthemum spp. and synonymous genera cuttings and in
vitro plantlets. The other analysis evaluated the risk associated with
the importation of cuttings, in vitro tissue culture plantlets, in
vitro tissue culture plants with roots, and bare-root plants of the
same taxa from Canada under a separate protocol and in response to a
request from Canada.
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\1\ To view the notice and the supporting documents, go to
<a href="http://www.regulations.gov">www.regulations.gov</a>. Enter APHIS-2021-0081 in the Search field.
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We also made available an economic evaluation (EE) analyzing
Chrysanthemum White Rust's (CWR) regulatory status pursuant to
biological research that revealed CWR can be systemic and survive in
below-ground parts. (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 significance and
should be moved to a management phase.
We solicited comments on the notice for 60 days, ending on June 16,
2023. We received 13 comments by that date.
In response to the initial notice of availability, several
commenters noted that we did not delineate ``synonymous genera'' and
requested that the intended taxa be included by that term. Based on
these comments, APHIS modified and updated the pest lists to clarify
and refine references to regulatory taxa, consolidated both pest lists
into one list, and revised the Commodity Import Evaluation Document
(CIED). In addition, APHIS updated the list of affected nations and
genera referenced in these documents to ensure that all descriptions
are clear and accurate and in alignment with the regulations. Outside
of the 20 countries identified in this notice, NAPPRA still applies to
all other countries to prevent the
[[Page 64326]]
introductions of quarantine pests into the United States. As a result,
7 CFR 319.5 requires the national plant protection organization (NPPO)
of such countries to submit a request for possible changes to import
requirements for plants for planting from the countries, and Sec.
319.37-4 of the regulations requires APHIS to conduct a pest risk
analysis and take public comment using a notice-based process before
removing certain taxa of plants for planting for importation into the
U.S. from a requesting country.
In accordance with Sec. 319.37-4(ii), on May 27, 2025, we
published a subsequent notice in the Federal Register (90 FR 22225-
22226, Docket No. APHIS-2021-0081) reopening the comment period to
allow interested persons time to review the revised supporting
documents. We solicited comments on the notice for 30 days, ending on
June 26, 2025. We received 21 comments by that date.
APHIS received comments from businesses that import, export, and
distribute flowers, trade associations, as well as local and foreign
governments. Most commenters supported deregulating CWR and the systems
approach for imports. Other commenters opposed to deregulating CWR
noted concerns with the pest risks and compliance measures for
movement. In addition, a few commenters provided technical comments
regarding the CIED and economic comments. The comments are discussed
below.
Commenters in support of deregulating CWR stated that deregulation
would reduce the impact on growers and stated that the technical basis
for maintaining federal quarantine for CWR no longer exists. Others
stated that deregulating CWR aligns with U.S. phytosanitary policy.
APHIS agrees with the commenters. As detailed in the EE that
accompanied the initial notice, the eradication policy for CWR is no
longer technically and economically justified.
General Comments
One commenter stated that deregulating CWR opens trade channels and
aligns with international best practices. Specifically, the commenter
stated that the current restriction has limited innovation and has
placed U.S. growers at a disadvantage in global markets. The commenter
added that opening trade channels supports a more dynamic, diverse, and
economically resilient ornamental plant industry. In addition, the
commenter claimed that it would align with international best practices
and reduce unnecessary trade barriers.
APHIS agrees that deregulating CWR opens trade channels and aligns
with international best practices. Based on our EE, APHIS determined
that CWR is no longer considered to be a quarantine pest and that
moving CWR to a management phase is appropriate and aligns with the
International Standard for Phytosanitary Measures (ISPM).
On the other hand, some commenters stated that the proposed pathway
of regulatory change would encourage a reduction of regulatory
harmonization between U.S. and Canada and cause unintended trade
disruption. One commenter requested that APHIS consider a working group
with APHIS and the Canadian Food Inspection Agency (CFIA) on a
coordinated approach to deregulation in order to minimize any potential
trade disruptions.
In response to these comments, CFIA has repeatedly indicated to
APHIS that they intend to harmonize with the U.S. on the deregulation
of CWR. This will include harmonization through the U.S.-Canada
Greenhouse-Grown Plant Certification Program (GCP), and requiring a
phytosanitary certificate with an additional declaration regarding the
pests of concern from the pest list for Canadian origin Chrysanthemum
(=Dendranthema) spp., Leucanthemella serotina, Nipponanthemum
nipponicum and synonymous taxa being shipped other than under the GCP
program or systems approach. As explained in the CIED and in the
technical requirements document of the GCP referenced in the CIED, the
GCP is a bilateral audit-based export certification program wherein
facilities authorized by APHIS or CFIA must meet all of the
phytosanitary import requirements of both the U.S. and Canada in
addition to completing all requirements of the GCP. A working group
with APHIS and CFIA representatives related to this matter already
exists and communicates frequently with each other to promote alignment
of regulatory approaches between the U.S. and Canada.
Some commenters expressed concerns that deregulation could prove
disruptive to U.S. exports to Canada. The commenters stated that the
GCP was not designed to address possible deregulation of CWR, and that
Canadian exports would thus have to be accompanied by a phytosanitary
certificate. The commenters opined that the implementation of the
proposed deregulation would result in additional restrictions on U.S.
exporters of chrysanthemums to Canada due to their plants being deemed
ineligible for entry into Canada under the GCP or under a phytosanitary
certificate.
As noted above, Canada has indicated to APHIS that they intend to
harmonize with the U.S. on deregulation of CWR, including within the
GCP. As noted in the CIED, APHIS has determined that the measures and
requirements of the GCP are equivalent to the systems approach required
for the above-specified NAPPRA countries. The minimum standards for the
places of production in the GCP meet most requirements in the systems
approach program above. Furthermore, these GCP facilities have a
minimum of two audits annually, which encourages compliance.
Three commenters opposed to deregulating CWR on imported plants for
planting stated concerns with the biological security of U.S.
ornamental and agricultural industries and the impact on domestic
producers work towards pathogen-free propagation systems. For example,
according to the commenters, CWR is very contagious within a mum
planting, and can be spread to other plantings by wind during rainy
weather. One of these commenters indicated that the domestic
chrysanthemum industry has done an effective job under the current
domestic eradication protocols at controlling outbreaks of CWR and
managing its spread. Another commenter stated that CWR should remain
regulated in order to protect native chrysanthemum species within the
United States.
For reasons set forth in the EE that accompanied the initial
notice, we disagree that the current domestic eradication-based
protocols are proving effective. As noted in the EE, chrysanthemum
cuttings imported for propagation have largely been from South America,
Europe and Africa; however, the sources of outbreaks in Eastern States
were likely from California rather than from imports. The EE also noted
that the linked genotypes between the West Coast and East Coast appear
to indicate that CWR is endemic within the United States.
We acknowledge CWR has limited host range and spore survival with
limited natural distribution. However, as noted in the EE, CWR spores
can overwinter in below-ground parts, such as roots, and the disease
can become systemic but asymptomatic in affected plants. Provided that
CWR is likely already established in the environment, APHIS' position
remains that the removal of the CWR eradication policy may be the most
efficient option from society's benefit-cost point of view. To that
end, best management practices are available for growers to manage
disease
[[Page 64327]]
occurrences economically. Similarly, we disagree that Federal control
of CWR is warranted. The ability of P. horiana to overwinter and
survive in plants renders it costly to eliminate in accordance with the
current domestic eradication protocols, and available fungicides are
effective and economical alternatives to compliance with the current
domestic eradication protocols. APHIS is aware of six fungicides that
are labeled for general use for CWR, however the total number of
fungicides in use varies among States. Finally, while the commenter did
not specify which purportedly native species of chrysanthemum they had
in mind, Chrysanthemum arcticum, in northern, coastal Alaska, is the
only known native species within the United States. Due to climatic
conditions in northern, coastal Alaska, this species will not be
significantly impacted by deregulation of CWR due to the limited
distribution of Chrysanthemum arcticum in northern coastal Alaska.
Two commenters expressed concern that overseas production systems
for chrysanthemums may not be equivalent to domestic production systems
for chrysanthemums, and relaxing import restrictions could, the
commenters indicated, result in the introduction of other pests and
diseases into the domestic production system.
The systems approach that we proposed for chrysanthemum imports is
designed to have equivalent safeguards to those used by U.S. ornamental
and agricultural industries. The mitigations proposed for imports would
control many pests, not just CWR and the pests identified in the pest
list, and the justification for their efficacy, which the commenters
did not directly challenge, was detailed at length in the revised CIED
that we issued. Additionally, with respect to Canada, as noted above,
the GCP program is a bilateral program ran jointly by CFIA and APHIS,
and all import requirements of both Canada and the U.S. must be met for
authorized facilities to import.
One commenter stated that, instead of deregulation of CWR,
additional resources should be devoted to hiring and training
additional resources as identifiers and eradicators of CWR.
The EE indicates that eradication under the current protocol would
be increasingly costly and resource intensive with limited feasibility
of success. As stated above, fungal pathogens like P. horiana can
infect plants systemically, even when they appear asymptomatic, which
provides a mechanism for overwintering and long-term survival in the
environment. This undermines eradication efforts because plants can
harbor early-stage infections that are unable to be visually detected.
Furthermore, CWR is likely already endemic throughout the United
States, which further complicates the current eradication protocol. As
noted in the EE, many potted plants are sold for landscape use in local
U.S. areas. As a result, the number of backyards and other sites that
would require inspections to effectively eliminate the disease would be
burdensome. Additionally, chrysanthemum hobbyists often exchange
cuttings. This swapping has created another pathway for spreading CWR
making it difficult to regulate. To that end, APHIS maintains that the
EE's conclusions are correct and that CWR should not be considered a
quarantine pest subject to Federal eradication protocols.
With that being said, we do acknowledge that maintaining technical
expertise in diagnostic capabilities in the identification and
management of plant pathogens is important, and APHIS devotes both
Federally appropriated and user-fee funds to this purpose. We will also
continue to collaborate with State agencies, industry partners, and
diagnostic networks to ensure robust early response to new plant pest
outbreaks.
The same commenter expressed the opinion that CWR deregulation
would directly contribute to increased fungicide usage, which the
commenter considered to have a negative environmental impact.
APHIS acknowledges that there could potentially be an increase in
fungicide usage, provided that the usage varies by State. However,
fungicide usage remains subject to the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA, 7 U.S.C. 136-136y) which allows for the
registration of pesticides if it is determined that the product will
not cause ``unreasonable adverse effects on the environment.'' \2\ To
that end, APHIS is confident that any increased fungicide usage will
not cause substantial economic and environmental costs.
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\2\ 7 U.S.C. 136(bb) defines the term ''unreasonable adverse
effects on the environment'' to mean: ''(1) any unreasonable risk to
man or the environment, taking into account the economic, social,
and environmental costs and benefits of the use of any pesticide, or
(2) a human dietary risk from residues that result from a use of a
pesticide in or on any food inconsistent with the standard under
section 346a of title 21.''
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Finally, the commenter encouraged USDA to develop policy to support
farmers who grow native and heirloom varieties, rather than non-native
species such as Chrysanthemum spp.
This comment is outside the scope of this notice.
Systems Approach Comments
Several commenters noted concerns with the proposed systems
approach. APHIS proposed that a written agreement, known as an
Operational Work Plan (OWP), would have to be established and signed by
APHIS and the National Plant Protection Organization (NPPO) of the
exporting country to outline the conditions for producing and
monitoring plant production.
Some commenters stated that the importation of Chrysanthemum spp.
and related genera should be regarded as normal trade, and therefore
not subject to an OWP but rather treated equivalently to cuttings or
in-vitro material from other admissible plant commodities, which are
not subject to an OWP requirement.
The commenters misunderstand the manner in which the initial notice
was developed. As long as CWR remained of quarantine significance, the
importation of Chrysanthemum spp. and related genera from CWR-affected
countries remained subject to CWR-specific restrictions and
prohibitions.
Based on the findings of our EE, we determined that CWR should no
longer be considered of quarantine significance. This allowed for
possible analysis of the plant pest risks associated with the
importation of Chrysanthemum spp. and related genera other than those
posed by CWR, and predicated on the possible removal of CWR-specific
restrictions and prohibitions. This, in turn, made other sections of
the regulations operative.
Section 319.37-20 of the regulations provides restrictions on the
importation of specific types of plants for planting. As described in
this section, changing the import status of taxa involves pest risk
analysis and measures related to the pests found. The PRA identified
several pests which require specific mitigations that must be adhered
to within the exporting country in a standardized manner that aligns
with the CIED. Based on this information, APHIS found that a systems
approach program, subject to an OWP, is required to ensure that every
grower adheres to the requirements outlined in the CIED.
On the other hand, commenters in support of the systems approach
stated that CWR needs to move from a quarantine and eradication phase
to a management phase. Supporters noted that the systems approach
focuses on high phytosanitary standards to prevent infection, with
appropriate auditing and inspection by APHIS, as well as pathogen
prevention and control on part of the U.S. grower. Others noted that
[[Page 64328]]
they have confidence in the industry's ability to safely manage the
importation of the cuttings and plantlets under the systems approach.
The commenters also noted that both domestic and offshore growers have
access to new and effective fungicides with systemic activity, capable
of controlling CWR and other pathogens. It is their belief that CWR
falls into the management category and should no longer be considered a
pathogen of quarantine concern.
APHIS agrees with these commenters. The systems approach
recommended is in accordance with the integrated pest risk management
measures (IPRMM) in Sec. 319.37-21 of the regulations. To that end,
APHIS is confident that the systems approach of moving CWR to a
management phase is appropriate for the reasons described in the CIED.
Some commenters raised issues with source cuttings from a third
country subsequently sold or finished in the United States. It is
general APHIS policy that all third-country origin chrysanthemum are
required to meet the same requirements when re-exported from outside
the United States as they would directly into the United States. Below,
we discuss different scenarios related to this issue.
For clarity, shipment among approved facilities is permissible
under the systems approach, pursuant to certain conditions. Production
that entails movement of the commodity among approved facilities within
the same country is permissible because, if the chrysanthemums are from
within the same country, the pest mitigations would be the same for all
facilities. On the other hand, facilities in different countries are
not guaranteed to have the same pest risk profile. In these situations,
APHIS would consider requests to ship between countries with APHIS-
approved facilities growing Chrysanthemum (=Dendranthema) spp.,
Leucanthemella serotina, Nipponanthemum nipponicum and synonymous taxa
on a case-by-case basis through the OWPs for the receiving countries.
This would include identifying appropriate pest mitigation strategies
to ensure the phytosanitary security of the plants moving between
approved facilities in the different countries.
Though Canada currently restricts chrysanthemum import from
countries other than the U.S., in the future if that status changes,
APHIS would consider allowing Canada to re-export chrysanthemum to the
United States if the plants met U.S. requirements when they entered
Canada and the plants are shipped to the United States through the GCP.
Pest/Pest List Comments
Some commenters noted issues with specific pests and the PRA. One
commenter stated that the supporting documents are insufficient and not
ready for implementation. Specifically, the commenter stated that the
proposed changes to the current chrysanthemum cuttings regulations will
increase disease risks beyond CWR. The commenter further stated that
there is a potential increase in two key viroid diseases, Chrysanthemum
Stunt Viroid (CSVd) and Chrysanthemum Chlorotic Mottle Viroid (CChMVd),
which are both mechanically transmissible and can spread easily through
vegetative propagation.
CSVd is not a candidate for risk management because it occurs in
the U.S. and is not under official control and CChMVd does not occur in
any of the countries assessed.
Another commenter noted specific concerns about pest risk. The
commenter requested the removal of the two lepidopterans, Mamestra
brassicae and Phlogophora meticulosa, stating that they were not
associated with the Chrysanthemum spp. and related genera and are also
visually identifiable.
APHIS has determined that there is evidence that chrysanthemum and
related species are hosts for Mamestra brassicae and Phlogophora
meticulosa, as cited in the pest list document. So long as
Chrysanthemum (=Dendranthema) spp., Leucanthemella serotina,
Nipponanthemum nipponicum and synonymous taxa propagative material are
a potential pathway for the two lepidopterans to enter the U.S., APHIS
is unable to remove the pests from the pest list as requested.
Furthermore, the ability of a pest to be visually identified on a host
commodity may impact the assigned risk rating; however, it has no
impact on whether it is a pest of concern.
One commenter had concerns regarding the implementation and
timeline of the program. Specifically, the commenter questioned how the
OWP would be created, implemented and enforced; whether the plan would
be incorporated into the existing Offshore Greenhouse Certification
Program (OGCP); whether growers will be permitted to grow
chrysanthemums in the same greenhouse as other genera; and whether
media sterilized by steaming or other sanitation methods will be
allowed.
Due to the systems approach requirements, Chrysanthemum
(=Dendranthema) spp., Leucanthemella serotina, Nipponanthemum
nipponicum and synonymous taxa plants will not be eligible for the
OGCP, which operates under different requirements, and APHIS has no
intentions to incorporate the OWP into the existing OGCP.
OWPs are created with the NPPOs for each country as requested. The
OWP must describe the parties responsible for implementation and
enforcement pursuant to Sec. 319.37-21 of the regulations. Currently
only plants that are generally admissible are eligible for the OGCP.
Chrysanthemum (=Dendranthema) spp., Leucanthemella serotina,
Nipponanthemum nipponicum and synonymous taxa are not eligible for the
OGCP due to being restricted taxa.
Next, more than one commodity may be grown in the same greenhouse
provided that all import restrictions are met for all taxa being grown.
This has no impact on the requirements in the CIED, specifically
requirement 6, which states that ``plants must be grown in approved
greenhouses used solely for plants grown in compliance with the
requirements outlined in the OWP.'' The Agency's intent is to address
the requirements for growing other taxa in the greenhouse in the OWP on
a case-by-case basis, as opposed to a general restriction. The language
``plants in the greenhouse'' refers to the plant listed in the OWPs, in
this case Chrysanthemum (=Dendranthema) spp., Leucanthemella serotina,
Nipponanthemum nipponicum and synonymous taxa plants. Finally, growing
media is not permitted if previously used; however, some sterilization
methods may be considered, if requested, and would need APHIS' approval
and inclusion in the OWP.
A few commenters provided technical comments for the CIED. Some
commenters mentioned concerns with quarantine-designated pests that
conflict with international standards. Commenters stated that data for
Puccinia horiana, Liriomyza huidobrensis, and Thrips palmi do not
fulfill all criteria required to be designated as quarantine pests
under international standards, which require the pest either to not be
present in the United States or be present only in limited distribution
and under official control. Specifically, they argued that Puccinia
horiana is no longer considered a regulated pest for the U.S. and
therefore no phytosanitary measures or additional declarations should
be required. Furthermore, they argued that Liriomyza huidobrensis and
Thrips palmi are not expected to follow the in vitro plant propagation
pathway and therefore should be removed from the list of pests to be
regulated for in vitro plants.
[[Page 64329]]
In the pest list, APHIS provided the reasons for the inclusion of
the pests. Pucciana horiana was included to capture its quarantine
significance at the time the pest list was finalized and prior to this
deregulation. Contrary to the commenters' concerns, APHIS determined
that there is a reasonable likelihood of Liriomyza huidobrensis and
Thrips palmi following the in vitro plant propagation pathway from the
countries those plant pests have been reported in as listed in the pest
list. The comments suggesting the removal of Liriomyza huidobrensis and
Thrips palmi do not meet the criteria for removal.
APHIS acknowledges that there are historic records of the presence
of Liriomyza huidobrensis in California. However, molecular analysis
\3\ shows that L. huidobrensis was misidentified, and only L. langei
occurs there. APHIS found no other substantiated references for the
presence of this pest in the U.S; therefore, no changes to the pest
list are needed.
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\3\ For more information on the analysis see journal article
here: <a href="https://doi.org/10.1603/EC13279">https://doi.org/10.1603/EC13279</a>.
---------------------------------------------------------------------------
Finally, Thrips palmi remains a quarantine pest for the United
States and is therefore actionable at ports of entry. Thrips palmi is
on the regulated pest list and is captured in the web-based database,
the Agricultural Risk Management (ARM) system, which is used by APHIS
and Customs and Border Protection to track agricultural imports,
inspections, and pest quarantines. Currently, APHIS has no intention to
change, and the scientific literature and port-of-entry pest
interception used in formulating the Pest List do not warrant a change
in, the status of the Thrips palmi. Additionally, the mitigations
listed in the CIED would remain the same with the removal of Thrips
palmi provided that the mitigations would apply to other arthropod
pests on the pest list.
The Colombian NPPO raised an issue with regard to Maconellicoccus
hirsutus. Their concern was that the pest is widespread in the United
States and not under official control. Additionally, they noted that M.
hirsutus has not been recorded affecting chrysanthemum production
systems in Colombia and therefore should be removed from the list of
pests to be regulated for trade in chrysanthemum propagating material
of Colombian origin.
Other commenters noted concerns with the International Standards
for Phytosanitary Measures (ISPMs); specifically, ISPM No. 1 and ISPM
No. 5. One commenter stated that in accordance with the principle of
transparency established in ISPM No. 1, since M. hirsutus is only
present in the state of Florida, the detailed distribution of this pest
in the U.S. should be included. Another commenter stated that M.
hirsutus should not be a quarantine pest according to ISPM No. 5, which
defines a quarantine pest as ``a pest of potential economic importance
to the area endangered thereby and not yet present there, or present
but not widely distributed and being officially controlled.''
As stated above, M. hirsutus is a quarantine pest and is therefore
regulated at ports of entry. APHIS reviewed the States and references
that were sent and determined that we are unable to confirm
establishment of this species in many of the referenced States.
However, APHIS agrees the distribution of M. hirsutus in the U.S. is
likely wider than in the previous version of the pest list. To that
end, APHIS revised the pest list to include additional States in the
description of the distribution of M. hirsutus in the U.S.
With regard to the Colombian NPPO's comments about its absence in
Colombia, there is evidence of Chrysanthemum and related species as
hosts of M. hirsutus cited in the pest list document. Regardless of
whether M. hirsutus has been reported on Chrysanthemum in Colombia,
Chrysanthemum propagative material is still a potential pathway for M.
hirsutus to enter the United States from other countries covered by the
provisions of the revised CIED.
Other commenters, including the Netherlands, stated that there are
viruses that are classified as quarantine pests in the CIED but are
currently absent in their territory. The viruses mentioned were
Carnation Italian Ringspot Virus (CIRV), Chrysanthemum stem necrosis
virus (CSNV), and Tomato leaf curl New Delhi virus (ToLCNDV).
While addressing the comment from the Netherlands on CIRV, APHIS
reevaluated the evidence of chrysanthemum as a host of this species. In
2015, a viral species termed CIRV was identified,\4\ however, this
species had only 88% identity to a reference isolate of CIRV, which is
below the 95% threshold normally used for considering isolates. As a
result, we considered the association between CIRV and chrysanthemum to
be tenuous and removed CIRV from the pest list.
---------------------------------------------------------------------------
\4\ For more information on the first report of CIRV see journal
article here: <a href="https://doi.org/10.1094/PDIS-03-15-0267-PDN">https://doi.org/10.1094/PDIS-03-15-0267-PDN</a>.
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For those viruses that are classified as quarantine pests in the
CIED but absent in a territory, specifically CSNV and ToLCNDV, the pest
list describes which of the 21 countries where the pest is present. For
example, CSNV is only listed as being present in Brazil and Belgium and
ToLCNDV is only listed as being present in Spain and Tunisia.
Accordingly, testing for CSNV will only be required for parental stock
used in Brazil and Belgium and testing for ToLCNDV will only be
required for parental stock plants used in Spain and Tunisia as
specified in the NPPO's respective OWPs.
Finally, some commenters noted some economic concerns with the
proposed deregulation. One commenter stated that foreign imports should
be capped at current levels to mitigate oversupply. Another commenter
stated that the costs of the current eradication policy outweigh the
economic consequences.
APHIS' authority under the Plant Protection Act, as amended 7
U.S.C. 7701, et seq., to prohibit or restrict imports is limited to
when the Secretary determines that the prohibition or restriction is
necessary to prevent the introduction or dissemination of a plant pest
or noxious weed in the U.S., APHIS' authority does not extend to the
control for market supply. To that end, APHIS agrees with the latter
commenter in that the costs associated with deregulating CWR outweigh
any economic consequences.
Therefore, in accordance with paragraph (e) of Sec. 319.37-4 and
paragraph (c)(2) of Sec. 319.37-20, we are announcing that APHIS is
revising conditions governing the importation of Chrysanthemum
(=Dendranthema) spp., Leucanthemella serotina, Nipponanthemum
nipponicum and synonymous taxa cuttings (stems, leaves) from Belgium,
Bolivia, Brazil, Canada, Colombia, Costa Rica, El Salvador, Ethiopia,
Germany, Guatemala, Kenya, Mexico, the Netherlands, Nicaragua, Panama,
Spain, Tanzania, Tunisia, Uganda, the United Kingdom, and Vietnam into
the continental United States in accordance with conditions specified
in the final CIED that accompanies this notice. Additionally, we are
providing public notification that we are no longer considering CWR a
pest of quarantine significance either domestically or on imported
products.
Congressional Review Act and Executive Order 12866
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this action
as not a major rule, as defined by 5 U.S.C. 804(2). This action has
been designated not significant pursuant to Executive Order 12866.
[[Page 64330]]
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 29th day of September 2026.
Kelly Moore,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2026-20631 Filed 10-7-26; 8:45 am]
BILLING CODE 3410-34-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.