USDA Enforcement of the Plant Protection Act of 2000 - nasda
National Association of State Departments of Agriculture
D
Action Item To be completed by NASDA Staff:
Date Submitted: 08/21/2013 [ ] Recommended by Committee [ ] Adopted by NASDA
Voting Date: 09/11/2013
Committee: Animal & Plant Industries
[ ] Recommended with Amendment by Committee [ ] Adopted with Amendment by NASDA
[ ] Not Recommended by Committee [ ] Not Adopted by NASDA
Additional Notes:
Subject of Action Item: USDA Enforcement of the Plant Protection Act of 2000 Submitted By: National Plant Board (Sec. George D. Greig, Pennsylvania/Comm. Hugh Weathers, South Carolina)
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Text of Action Item: The National Plant Board (NPB) requests that NASDA meet with APHIS officials to discuss the importance of uniform regulations, as well as consistent enforcement of those regulations, especially for repeat violations. The NPB also requests that NASDA ask APHIS to review its policy regarding Special Local Need requests as authorized under the Act. Many states are already having to take actions and expend state funds to mitigate the movement of federally regulated pests and, as such, should be allowed to put into place their own regulations, sufficient to protect their environment and agriculture, if APHIS is unable to do so. Background & Rationale: The preemption clause of the Plant Protection Act of 2000 prevents states from regulating the “…movement in interstate commerce of any article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant product…” in a more stringent manner than federal regulation, if “…the Secretary has issued a regulation or order to prevent the dissemination of the biological control organism, plant pest, or noxious weed within the United States.” The Act states that it is the responsibility of USDA, “…to facilitate exports, imports, and interstate commerce in agricultural products and other commodities that pose a risk of harboring plant pests or noxious weeds in ways that will reduce, to the extent practicable, as determined by the Secretary, the risk of dissemination of plant pests or noxious weeds.” It is the responsibility of USDA APHIS PPQ to safeguard American agriculture by regulating the interstate movement of plant pests and noxious weeds and in many cases they are effective in doing so cooperatively with states. However, there are instances where the agency does not consistently enforce federal regulations and reduce risk as directed by the Plant Protection Act of 2000. Specific examples include the movement of imported fire ants in nursery stock, gypsy moth egg masses found moving on nursery stock and Christmas trees, the movement of nursery stock host material from nurseries found positive for Phytophthora ramorum and the movement of regulated articles from areas regulated for the emerald ash borer. The Plant Protection Act of 2000 provides for exceptions to allow states or political subdivisions of a state to impose additional prohibitions or restrictions if the state can show that there is a special need based upon sound scientific data or thorough risk assessment. However, NPB member states have applied for at least five special needs exceptions, and to date no special needs application has been approved by USDA APHIS PPQ.
2013 NASDA Annual Meeting
Action Item
1 of 1
D
Action Item To be completed by NASDA Staff:
Date Submitted: 08/21/2013 [ ] Recommended by Committee [ ] Adopted by NASDA
Voting Date: 09/11/2013
Committee: Animal & Plant Industries
[ ] Recommended with Amendment by Committee [ ] Adopted with Amendment by NASDA
[ ] Not Recommended by Committee [ ] Not Adopted by NASDA
Additional Notes:
Subject of Action Item: USDA Enforcement of the Plant Protection Act of 2000 Submitted By: National Plant Board (Sec. George D. Greig, Pennsylvania/Comm. Hugh Weathers, South Carolina)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Text of Action Item: The National Plant Board (NPB) requests that NASDA meet with APHIS officials to discuss the importance of uniform regulations, as well as consistent enforcement of those regulations, especially for repeat violations. The NPB also requests that NASDA ask APHIS to review its policy regarding Special Local Need requests as authorized under the Act. Many states are already having to take actions and expend state funds to mitigate the movement of federally regulated pests and, as such, should be allowed to put into place their own regulations, sufficient to protect their environment and agriculture, if APHIS is unable to do so. Background & Rationale: The preemption clause of the Plant Protection Act of 2000 prevents states from regulating the “…movement in interstate commerce of any article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant product…” in a more stringent manner than federal regulation, if “…the Secretary has issued a regulation or order to prevent the dissemination of the biological control organism, plant pest, or noxious weed within the United States.” The Act states that it is the responsibility of USDA, “…to facilitate exports, imports, and interstate commerce in agricultural products and other commodities that pose a risk of harboring plant pests or noxious weeds in ways that will reduce, to the extent practicable, as determined by the Secretary, the risk of dissemination of plant pests or noxious weeds.” It is the responsibility of USDA APHIS PPQ to safeguard American agriculture by regulating the interstate movement of plant pests and noxious weeds and in many cases they are effective in doing so cooperatively with states. However, there are instances where the agency does not consistently enforce federal regulations and reduce risk as directed by the Plant Protection Act of 2000. Specific examples include the movement of imported fire ants in nursery stock, gypsy moth egg masses found moving on nursery stock and Christmas trees, the movement of nursery stock host material from nurseries found positive for Phytophthora ramorum and the movement of regulated articles from areas regulated for the emerald ash borer. The Plant Protection Act of 2000 provides for exceptions to allow states or political subdivisions of a state to impose additional prohibitions or restrictions if the state can show that there is a special need based upon sound scientific data or thorough risk assessment. However, NPB member states have applied for at least five special needs exceptions, and to date no special needs application has been approved by USDA APHIS PPQ.
2013 NASDA Annual Meeting
Action Item
1 of 1
