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Invasive agricultural pests and diseases frequently spread to new
locations in association with international, interstate, and intrastate
commerce and travel. As a result, the institutional and legal framework
for dealing with issues related to invasive pests includes a variety
of international organizations and agreements, Federal agencies
and laws, and State agencies and laws. Whether authorized to address
invasive species issues at the international, national, or State
level, the activities and goals of public sector organizations that
deal with invasive species can generally be classified into pest
management options that include surveillance, prevention, and
management. Here we provide a brief overview of the major international
organizations, international agreements, Federal laws, and Federal
agencies that collectively define how the United States acts to
exclude, control, and manage invasive agricultural pests and diseases.
Readers are referred to the appropriate agencies and source legislation
for further details and authoritative language.
contents
International Agreements and Institutions
Federal Laws and Agencies
State Government Activities
International Agreements and
Institutions
Through the World Trade Organization and a variety of multilateral
and bilateral agreements, the world community is generally moving
toward the freer movement of goods and people between countries
and regions. Movement of goods and people, however, carries the
risk that species can move to new countries or regions and in their
new settings inflict significant economic and/or environmental harm.
Since countries might restrict trade to prevent the movement of
pests and diseases, the principal goal of the international agreements
and institutions described below is to establish a transparent and
consistent framework in which countries can take actions to protect
themselves from the threats posed by invasive species in a way that
minimizes restrictions on trade.
- International
Plant Protection Convention (IPPC) This Treaty, which
became effective in 1952, defines nations’ rights and responsibilities
and facilitates international cooperation in controlling plant
pests and preventing their spread across international boundaries.
The IPPC is governed and administered by the Interim Commission
on Phytosanitary Measures (ICPM). Each United Nations Food and
Agricultural Organization (FAO) signatory country is represented
on the ICPM by one delegate. The ICPM, established in 1997 as
a result of the revisions to the Convention, oversees implementation
of the IPPC's core objectives, including its standard setting
program. The ICPM sets the work program for standards development
and approves adopts final draft standards as global standards.
FAO provides a secretariat to support the work and direction set
by the ICPM.
Each IPPC member has a national plant protection organization
to administer plant protection responsibilities in international
trade and communicate with international organizations and other
countries. For the United States, this organization is the Animal
and Plant Health Inspection Service of USDA. Regional plant
protection organizations provide multi-country coordination
for activities and objectives of the Convention. The United
States, Canada, and Mexico are members of the North American
Plant Protection Organization (NAPPO), created in 1976.
- Office
International Des Epizooties (OIE) Created by the
“International Agreement for the Creation of an Office International
Des Epizooties in Paris,” the OIE (also known as the World
Organization for Animal Health) provides a forum for animal health
issues. Originally signed by 28 countries in 1924, the Agreement
and Office now include more than 160 member countries. USDA’s
APHIS-Veterinary Services is the primary U.S. contact with the
OIE. Under the agreement, countries are obliged to report animal
diseases detected in their territory. The OIE disseminates this
information to other countries, which can take the necessary preventive
actions. The organization also collects, analyzes and disseminates
scientific information on animal disease control measures to help
member countries improve the methods used to control and eradicate
diseases, without setting unjustified sanitary barriers. Finally,
the OIE develops technical standards, recognized by the WTO as
international benchmark standards for animal health measures,
to guide safe trade in animals and animal products.
OIE maintains two lists of transmissible diseases. List A diseases
have the potential for very serious and rapid spread, irrespective
of national borders, are of serious socio-economic or public health
consequence, and are of major importance in the international
trade of animals and animal products. List B diseases are considered
to be of socio-economic and/or public health importance within
countries and are significant in the international trade of animals
and animal products. Member countries agree to report information
about the occurrence of List A diseases as often as necessary
and List B diseases at least once per year.
- Agreement for Sanitary and Phytosanitary
Measures: The SPS Agreement,
under the World Trade Organization (WTO), came into force in 1995.
It addresses how countries apply food safety, animal health, and
plant health regulations (sanitary and phytosanitary measures),
with respect to international trade. While a primary purpose of
the WTO is to reduce international trade barriers, the SPS Agreement
recognizes countries’ rights to take protective measures,
some of which may restrict trade, to exclude or control foreign
pest and disease threats to human health, agricultural production,
and the environment. The Agreement gives responsibility to establish
international standards for phytosanitary measures to the IPPC
and for animal health and zoonoses to the OIE. It also has a dispute
resolution process for disagreements over protective measures.
The SPS Agreement established a core set of rules to govern
countries' use of SPS measures in trade. These are aimed at
discouraging and preventing countries from adopting unjustified
restrictions on trade. The WTO rules allow members to institute
SPS measures to protect consumer, animal, and plant health,
provided such measures are based on scientific evidence, are
no more trade restrictive than necessary to achieve the importing
countries' appropriate level of protection and do not discriminate
between members where similar or identical pest or disease risks
exist. The adoption of temporary, including emergency, SPS measures
is allowed in the event of a new pest or disease risk that may
require urgent, temporary action. The SPS Agreement requires
countries to revise such temporary measures when sufficient
scientific information becomes available to do so.
Under the Agreement, each country can define an allowable level
of protection (ALOP). ALOPs are usually defined qualitatively
rather than quantitatively, but countries must apply them consistently
for comparable, similar, or identical risks. Different levels
of protection for similar or comparable risks must be justified
by a science-based rationale. Countries must not “arbitrarily
or unjustifiably” discriminate between member countries
with similar conditions. Member countries must recognize regional
differences in pest infestations in other countries and restrict
imports only from regions where risk exceeds the ALOP, not from
regions where risk meets the standard. If more than one protective
measure meets the ALOP, the importing member country must choose
one that minimizes negative impacts on trade. For example, a
pesticide treatment might meet the standard with less impact
than an import ban.
- North American Free Trade Agreement
Using language similar to the SPS Agreement, this Treaty between
the United States, Canada, and Mexico states that each country
may adopt, maintain, or apply any sanitary or phytosanitary measure
necessary for the protection of human, animal, or plant life or
health in its territory (in Chapter
7, Section B). These measures may be more stringent than an
international standard, guideline, or recommendation, provided
such measures are based on a risk assessment. Article 715 requires
parties to consider relevant pests and diseases and specific economic
factors in risk assessments. Under the dispute resolution process,
a member would first take a dispute to NAFTA, but could proceed
to the WTO.
- Convention
on Biological Diversity This Treaty, negotiated under
the United Nations Environmental Programme (UNEP), came into force
in December 1993. Its goals are to promote the conservation of
biodiversity, the sustainable use of its components, and the fair
and equitable sharing of benefits from using genetic resources.
Article 8 says that “Each Contracting Party shall, as far
as possible and appropriate: … (h) Prevent the introduction
of, control or eradicate those alien species which threaten ecosystems,
habitats, or species.” The first of 15 guiding principles
adopted at the sixth meeting of the Convention (April 2002) was
to apply the precautionary principle to decisions concerning the
intentional introduction of alien species and the mitigation of
impacts of established alien species this was controversial because
it might allow broader use of the precautionary principle than
the SPS Agreement does. The U.S. signed the Convention in 1993
but has not yet ratified it.
Federal Laws and Agencies
Federal pest control responsibilities and authorities derive
from the Federal Government’s jurisdiction over international
trade and travel and interstate commerce. Federal authorities differ
depending on whether alien pests are introduced to the U.S. or not,
how widespread introduced pests are, and the threat posed to agricultural
production and/or human health. Within the Federal government, USDA’s
Animal and Plant Health Inspection Service (APHIS)
has primary responsibility for the exclusion and control of alien
agricultural pests and diseases. In 2003, however, responsibility
for administering port-of-entry inspections was transferred from
APHIS to the Department of Homeland Security. Here we provide a
brief overview of the U.S. laws that define the Federal authorities
with respect to invasive species and of the goals of APHIS policies
and programs.
- Plant Protection Act of 2000 (PPA)
The PPA is the primary Federal law governing plant pests—
as well as agricultural commodities, plants, biological control
organisms, articles that might be infested, means of transportation
and other pathways for moving pests--in foreign and interstate
commerce. The law gives USDA authority to use a wide range of
measures to exclude alien pests or prevent the spread of new but
not widespread pests, including inspections, surveillance, quarantines,
treatments, or destruction. USDA can require private parties to
take remedial actions without cost to the government, but must
select the least costly, effective measure. USDA has less regulatory
authority to address established and widespread pests, but can
enter into agreements with foreign governments, State governments,
or other organizations to implement the Act.
Under the PPA, USDA can develop lists of what organisms can
or cannot enter the United States and what goods can be imported
from what countries. Risk assessment and scientific information
have important roles in these decisions. USDA also has the authority
to certify that U.S. agricultural exports meet the phytosanitary
standards of other countries.
Finally, the PPA authorizes USDA to transfer funds from the
Commodity Credit Corporation (CCC) or other USDA programs to
implement an emergency control program, subject to OMB review.
Under some circumstances, USDA can declare extraordinary emergencies,
which gives USDA authority to take action to control intrastate
outbreaks of new pests. In such a case, USDA has discretion
to compensate growers for losses caused by the control program.
- Federal
Seed Act The Federal Seed Act, enacted in 1940, regulates
foreign and interstate commerce in seeds, including labeling of
contents, and has provisions concerning noxious weed seeds, including
bulblets, that may be present in agricultural and vegetable seed.
The law regulates the importation of any agricultural or vegetable
seed containing noxious-weed seeds, contains a list of noxious
weed species prohibited for importation, and gives USDA authority
to investigate and add to the list of species regulated for importation.
It requires labeling of agricultural seed in interstate commerce,
including the presence of noxious weed seeds by kind (related
species or subspecies known by a common name), percentage of seed
weight, and rate of occurrence. The law gives USDA authority to
investigate and list noxious weeds regulated in interstate commerce
of seed, and sets limits on the presence of their seeds in agricultural
seed. Individual States (plus Puerto Rico, Guam, and DC) can list
noxious weed species and limit the amount of their seed in agricultural
seed transported into and sold within their boundaries, but USDA
rules apply to noxious weeds not listed by a State.
APHIS administers the foreign commerce provisions and the Agricultural
Marketing Service (AMS) administers the interstate commerce
provisions. Each agency maintains a list of noxious weed seeds
in the Code of Federal Regulations, which contains some prohibited
species. APHIS regulates the importation of seed by requiring
import permits, phytosanitary certificates from the exporting
country to verify official inspection for pests and diseases,
and/or shipment to PPQ plant inspection stations at ports of
entry.
State seed control officials routinely inspect seed marketed
in their States, but State officials and others can submit complaints
against shippers to AMS that seed in interstate commerce does
not comply with the label. AMS investigates complaints and can
take actions against violations. AMS also has a voluntary program
to inspect agricultural and vegetable seeds for a fee, including
checks for noxious weed seeds, and issues Federal Seed Analysis
Certificates that can be used for export certification.
- Animal Health Protection Act (AHPA):
Passed as part of the Farm Security and Rural Investment Act of
2002, the Animal Health Protection Act
is the primary Federal law governing the protection of animal
health. The law updates, consolidates, and enhances authority
of the Secretary of Agriculture contained in legislation developed
over previous decades.
The law gives the Secretary broad authority to detect, control,
or eradicate pests or diseases of livestock or poultry. The
Secretary may also prohibit or restrict import or export of
any animal or related material if necessary to prevent spread
of any livestock or poultry pest or disease. USDA has authority
to hold, seize, treat, or destroy any animal, as well as to
limit movement in interstate commerce. Like the Plant Protection
Act, the law provides for emergency fund transfers and the determination
of extraordinary emergencies, so that USDA can, under some circumstances,
take actions within a State. The law also requires compensation
to owners based on fair market value of destroyed animals and
related material.
- Animal and Plant Health Inspection
Service (APHIS)
Within USDA, APHIS
has primary responsibility for protecting agricultural crop
and animal resources. Major units within APHIS with plant and
animal protection functions are Plant Protection and Quarantine
(PPQ), Veterinary Services (VS), and International Services
(IS). APHIS activities and programs related to invasive pests
have several broad goals.
Prevention and Exclusion
APHIS, in partnership with the Department of Homeland Security,
administers programs to prevent or reduce the risk of alien
animal and plant pests entering the U.S. Historically, APHIS
and predecessor agencies pursued this goal through port-of-entry
inspections. APHIS now implements a “safeguarding”
approach, which includes offshore monitoring and control programs,
port-of-entry programs, and programs to detect, quarantine,
eradicate, or control outbreaks of new pests in the U.S.
APHIS sets animal health and phytosanitary standards for
imports, and is the primary U.S. negotiator for animal health
and plant protection issues under WTO and NAFTA. Agricultural
Quarantine Inspection (AQI) Program employees, under the Department
of Homeland Security, conduct inspections at ports-of-entry
to detect pests, disease organisms, and prohibited items,
and determine measures to prevent pest entry. User fees from
international airline passengers and commercial aircraft,
ships, railcars, and trucks fund the program. APHIS also cooperates
with foreign countries to monitor and control pests of concern
to the United States in those countries, conducts pre-clearance
inspections, treatments, and/or certifications of commodities,
and inspects passengers and baggage before traveling to the
United States.
In addition, APHIS has a smuggling interdiction program to
discover illegally imported goods that may be sources of pest
or disease introductions. APHIS has special agreements with
California and Florida because of the large volumes of smuggled
goods brought into those States.
Domestic Pest Monitoring and
Management Programs
Within the United States, APHIS conducts programs to detect
and monitor pest infestations and to eradicate or control
some pests or diseases. Both APHIS/PPQ and APHIS/VS have emergency
and rapid response programs to address new outbreaks of pests
or diseases, including some previously contained or eradicated.
These responses include detection and identification of the
pest or diagnosis of the disease, as well as eradication or
control activities. Many programs are funded through emergency
transfer funds or conducted under an extraordinary emergency.
APHIS also has programs to monitor, eradicate, or control
selected established pests or diseases. These programs are
not conducted under the provisions of extraordinary emergencies,
and Federal costs are covered by appropriated program funds.
Many activities are cooperative with State government agencies
and agricultural producers.
Export Certification
APHIS certifies that U.S. agricultural exports meet importing
countries’ animal health and phytosanitary requirements;
user fees help cover the expenses. APHIS/PPQ or State cooperators
provide inspections and phytosanitary certificates for plants
and plant products, while APHIS/VS or accredited veterinarians
provide export health certification for animals and animal
products.
Exclusion, monitoring, and control programs support exports
and export certification by controlling pests and providing
information about pest risks. APHIS or State agencies may
be able to create pest- or disease-free zones for some commodities
with areawide eradication or control programs or to demonstrate
through scientific pest surveillance that specific pests or
diseases are not present in order to satisfy requirements
of another State or importing country.
Research and Development
APHIS has programs to develop methods to detect, identify
or diagnose, monitor, or control alien plant pests and animal
diseases, develop pest decision support systems, and obtain
USEPA clearances to use pesticides. APHIS often cooperates
with other USDA and State government agencies to conduct research
and development related to the detection and control of pests
and diseases.
- Other USDA Agencies
The Risk Management Agency
(RMA) administers the Federal Crop Insurance Program that
pays indemnities for multi-peril losses including those from
some pests. Federal Crop Insurance (FCI) covers losses from
hazards beyond the growers’ control, including insect
and disease losses. There are yield-based and revenue insurance
policies for
more than 100 crops and livestock. Private insurance companies
sell policies, but RMA reimburses companies for selling costs
and covers indemnities in excess
of premiums. Catastrophic Coverage pays 55 percent of the
RMA-established price on crop losses in excess of 50 percent
for some crops in some areas. RMA pays the premium, but growers
pay a $100 service fee for each crop insured in each county,
which may be waived for limited-resource growers. If available,
growers can purchase additional insurance coverage, and RMA
subsidizes the premiums. Growers who receive commodity
program benefits must purchase crop insurance or waive eligibility
for disaster benefits during that crop year.
The Noninsured Crop Disaster Assistance Program (NAP),
under the Farm Service Agency, provides catastrophic coverage
for crop losses and planting prevented (for food, feed, fiber,
and ornamental crops) due to natural disasters, if FCI Catastrophic
Coverage is not available for a crop or county. Natural disasters
include damaging weather, adverse natural occurrences, or related
conditions such as excessive heat or pest infestations, which
occur before or during harvest. Coverage, grower service fees,
and indemnity payments are almost identical to those of FCI
Catastrophic Coverage. To be eligible for payments, the disaster
must have reduced the grower’s expected yield by 50 percent
or more or prevented planting on more than 35 percent of intended
crop acreage. Each producer, as defined by law, has a payment
limitation of $100,000 per year.
Several other USDA agencies have programs and responsibilities
related to controlling and managing invasive pests and diseases.
The Agricultural Research Service, the Cooperative State Research
, Education, and Extension Service, and the Natural Resource
Conservation Service support pest management research or provide
assistance to growers.
State Government Activities
States have unique pest problems, institutional arrangements, and
regulatory authorities. All 50 States (and Puerto Rico) have plant
health agencies that regulate shipment of nursery stock, seed, and
other propagative material. Some States regulate noxious weeds,
regulate the entry of products and pests from other States, or conduct
eradication or control programs. All 50 States (and Guam, Puerto
Rico, and the Virgin Islands) have a State Veterinarian and an agency
to regulate entry of live animals and animal products and address
animal health problems.
States have regulatory authority within their boundaries, but not
in foreign or interstate commerce. APHIS addresses pests within
States either through cooperative programs or the procedures of
extraordinary emergencies. State government agencies often cooperate
with APHIS in monitoring, quarantine, eradication, and control programs
for animal and plant pests. State government agencies may take the
lead in eradication or control programs or extend activities beyond
APHIS programs. For example, North Carolina now leads the witchweed
control program, Florida has had a major role in quarantining and
eradicating citrus canker, Pennsylvania quarantined several areas
for plum pox, and California, Florida, and Texas have major roles
in detecting and eradicating fruit fly infestations.
Pest
Management Options for Public Programs
Surveillance – Activities, such as inspections or surveys,
to identify the presence, extent, and severity of pest infestations.
Detection – Find and identify the species of a pest
or disease-causing organism. Early detection can identify
a threat and initiate a response program.
Delimitation – Define the extent of an infestation.
Monitoring – Track the extent and severity of pest
infestations in various locations over time.
Management – Activities to reduce pest infestations
or damage. These activities could be implemented under a regulatory
and/or a public/private cooperative program and can include
surveillance activities as well as activities to eradicate
or control the pest.
Eradication – Eliminate a pest or disease-causing organism
from a specific area.
Control – Prevent or reduce spread of or damage from
an organism, without eradication.
Containment – Prevent spread of an infestation outside
a specific area.
Quarantine – Legally defined area to isolate a pest
or disease or to prevent entry into or spread from an area.
Observation or specific control measures may be required.
Rapid Response – Rapid public response after detection
of a damaging pest or disease threat to identify the extent
and severity of the infestation and to eradicate or control
it before it becomes widespread.
Restoration – Activities after control or eradication
of an organism to restore or rehabilitate a disturbed system
to prevent or slow the reinfestation or spread of the pest.
(Example: Planting native or other desirable plants that can
compete with an exotic weed species after activities to eradicate
or control the weed.)
Prevention – Exclusion of a pest from a specific area,
such as the United States, a State, or a region. Such programs
can require permits, inspections, treatments, destruction,
certifications of treatment or pest-free status, or restrictions
on commodity movements in and around quarantine areas.
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Summary of Key Provisions of the
SPS
Agreement
Article 2.1: Members have a right to take sanitary and phytosanitary
measures for the protection of human, animal or plant life
or health provided they satisfy the requirements of the Treaty.
Article 2.2: Measures must be based on scientific principles
and not be maintained without sufficient scientific evidence,
except that Article 5.7 allows the temporary adoption of measures
where relevant scientific information is insufficient, including
emergency situations involving the emergence of a new pest
or disease risk or threat.
Article 2.3: Members must ensure that their measures do not
arbitrarily or unjustifiably discriminate between Members
that have identical or similar conditions to their own and
other Members’ territories. (Consistency)
Article 3: Members shall base their sanitary and phytosanitary
measures on international standards, guidelines or recommendations,
but may introduce or maintain measures that provide higher
protection based on risk assessment. (Harmonization)
Article 4: Members shall accept the sanitary or phytosanitary
measures of other Members as equivalent, even if these measures
differ from their own or those used by other Members trading
the same product, if the exporting Member demonstrates that
its measures meet the importing Member’s ALOP. (Equivalence)
Article 5.1: Requires Members to base sanitary and phytosanitary
measures on a risk assessment, defined as an evaluation of
the likelihood and economic and biological consequences of
the hazards.
Article 5.3: In assessing the risk to animal or plant life
or health and selecting measures for risk protection, Members
shall take into account such economic factors as potential
loss of production or sales in the event of entry, establishment
or spread of a pest or disease; costs of control or eradication
in its territory; and the relative cost-effectiveness of alternative
approaches to limiting risks. There is no explicit reference
to trade-related consumer benefits.
Article 5.4: Members should (not shall), when determining
the appropriate level of sanitary or phytosanitary protection,
take into account the objective of minimizing negative trade
effects.
Article 5.5: Members are to avoid “arbitrary or unjustified
variation in protection against risks,” which is necessary
“to achieve the objective of consistency in the application
of the concept of appropriate level of protection" (Consistency
requirement). Each country can define its own ALOP, which
can be zero risk. Members are to avoid arbitrary or unjustifiable
distinctions in the levels considered to be appropriate in
different situations, if such distinctions result in discrimination
or disguised restriction of international trade.
Article 5.6: Measures must not be more trade restrictive than
necessary to achieve the ALOPs, taking into account technical
and economic feasibility.
Article 5.7: In cases where relevant scientific information
is insufficient, a Member may provisionally adopt measures
on the basis of available pertinent information. In such circumstances,
Members shall seek to obtain the additional information necessary
for more objective assessment of risk and review of the measure
within a reasonable time period.
Article 6: Members shall ensure that measures are adapted
to the sanitary or phytosanitary characteristics of the area
from which the product originated and to which it is destined.
Determination of such areas will be based on such factors
as geography, ecosystems, epidemiological surveillance, and
the effectiveness of controls. Members shall recognize the
concepts of pest- or disease-free areas or areas of low pest
or disease prevalence. Exporting countries will provide information
to demonstrate such claims. (Regionalization)
Article 7: Members shall notify other countries about changes
in measures and provide information promptly through a designated
enquiry point. (Transparency)
Article 8: Members shall observe specified provisions in
the operation of control, inspection, and approval procedures
and ensure that their procedures are consistent with the agreement.
Article 9: Members shall agree to facilitate the provision
of technical assistance to other members, especially developing
countries, to allow such countries to adjust to, and comply
with, importing countries’ measures. (Technical Assistance)
Article 10: In preparation of measures, Members shall take
into account of the special needs of developing Member countries,
in particular, least-developed countries, including phased
introduction of measures where possible. Upon request, developing
Member countries can be granted time-limited exemptions from
obligations under the agreement, taking into account their
financial, trade, and developmental needs. (Special and differential
treatment) |
Summary of Key Provisions of
the Plant
Protection Act of 2000
Section 411 provides USDA with the authority to regulate,
including prohibitions or restrictions of, the import, export,
and interstate movement of plant pests including noxious weeds.
Under Section 412, USDA has authority to regulate the import,
export, or interstate movement of plants, plant products,
biological control organisms, articles, and means of conveyance
to prevent the introduction or dissemination of plant pests.
Under Sections 412 and 413, USDA can inspect and require
permits, certificates of inspection, or other remedial measures
to prevent the spread of pests, and can require post-entry
quarantine conditions for plants or biological control organisms
to determine whether they are plant pests or are infested
by plant pests.
Section 414 authorizes a wide range of remedial measures to
prevent the introduction or spread of pests new or not known
to be widely distributed in the U.S. USDA may hold, seize,
quarantine, treat, apply other remedial measures to, destroy,
or dispose of any plant, plant pest including noxious weeds,
biological control organisms, plant products, or their progeny;
any article; or any means of conveyance in foreign or interstate
commerce. USDA can apply these remedial measures if there
is reason to believe that these items are pests, infested
with pests, or violate any pest-related regulations. USDA
can require an owner of such items to take actions without
cost to the Federal government, but the law requires that
USDA take the least drastic actions to adequately address
the pest problem. It defines authorities for warrants, subpoenas,
and criminal and civil penalties.
Section 415 authorizes USDA to declare an extraordinary emergency
when a plant pest or noxious weed that is new or not known
to be widely distributed in the U.S. threatens plants or plant
products in the U.S. In addition to the remedial actions discussed
above, USDA may also quarantine, treat, or apply other remedial
actions to premises, or quarantine any State or portion of
a State. USDA may prohibit or restrict the movement of any
plant, plant product, biological control organism, article
or means of conveyance within a State if necessary to prevent
the spread of or to eradicate the pest. USDA can take these
actions only after consulting with the officials of the affected
States and finding that their actions are inadequate to eradicate
the pest. Again, the law requires USDA take the least drastic
actions to adequately address the problem. USDA may compensate
economic losses resulting from these actions.
Section 442 authorizes USDA, in cases of emergencies when
a plant pest or noxious weed threatens any segments of U.S.
agricultural production, to transfer funds from any Departmental
agency or corporation, such as CCC, to arrest, control, eradicate,
and prevent the spread of the pest and for related expenses,
subject to review by the Office of Management and Budget.
Emergency programs are typically funded from CCC funds or
APHIS funds appropriated for new pests or unexpected contingencies.
Section 418 authorizes USDA to certify that exports of plants,
plant products, and biological control organisms are free
from pests and/or meet the phytosanitary requirements of the
importing country.
Section 421 authorizes USDA to gather and compile information
and conduct necessary investigations to administer and enforce
the Act.
Section 433 authorizes USDA to enter into reimbursible fee
agreements with other countries to preclear plants, plant
products, biological control organisms, and articles for import
by the U.S.
Section 431 authorizes USDA to cooperate with other Federal
agencies, States or their political subdivisions, foreign
governments, domestic or international organizations, or other
persons to carry out the Act’s provisions.
Under Section 436, a State cannot regulate any of these products,
articles, or means of conveyance in foreign commerce. In general,
a State cannot regulate any of these products, articles, or
means of conveyance in interstate commerce more strictly than
an existing USDA regulation. However, State or local officials
can impose stricter prohibitions or restriction on interstate
commerce if they can demonstrate a special need based on sound
scientific data or a thorough risk assessment.
Section 412 clarified USDA regulatory authority for biological
control agents and expanded the authority for noxious weeds.
USDA may publish lists of noxious weeds and biological control
organisms that are restricted or prohibited from entering
the U.S. or moving in interstate commerce. Decisions to add
or delete species to these lists are to be based on sound
science. USDA may develop a classification system and integrated
management plans for noxious weeds found in the U.S. While
the Federal Noxious Weed Act of 1974 required APHIS to list
noxious weeds, the Plant Protection Act eliminated the requirement,
but APHIS maintains the list to enhance public communication
and ensure transparency in risk assessment and decision-making.
The law addresses risk assessment and science-based decision
making. Section 402 found that decisions affecting imports,
exports, and interstate movement of regulated products shall
be based on sound science. Section 411 states that decisions
to add or remove plant pests from lists that allow unrestricted
movement in foreign or interstate commerce are to be based
on sound science. Section 412 states that USDA shall ensure
that processes used in developing regulations concerning import
requests are based on sound science and are transparent and
accessible. Section 431 also requires that USDA ensure that
phytosanitary issues involving imports and exports are addressed
based on sound science and consistent with international agreements.
Section 417 authorized a grasshopper and Mormon cricket control
program for Federal, State, and private range lands.
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Summary of Key Provisions of the
Animal
Health Protection Act
Section 10404 provides USDA with the authority to prohibit
or restrict (including post-import quarantine, destruction,
or removal) the importation or entry of any animal, article,
or means of transport, if the Secretary determines that it
is necessary to prevent the introduction or spread of any
pest or disease of livestock.
Under Section 10405, USDA may prohibit or restrict the export
of animals, articles, or means of transport if the Secretary
determines that it is necessary to prevent the spread from
or within the United States of any pest or disease of livestock.
USDA also has the authority to certify exports.
Section 10406 authorizes the USDA to prohibit or restrict
the movement in interstate commerce of any animal, article,
or means of transport if the Secretary determines that it
is necessary to prevent the introduction or spread of any
pest or disease of livestock.
Section 10407 authorizes USDA to hold, seize, quarantine,
treat, or destroy any animal, article, or means of transport
that is moving or has been moved in interstate commerce and
may be exposed to any pest or disease of livestock at the
time of movement. This section provides for the determination
of extraordinary emergencies because of the presence of a
pest or disease that threatens the livestock of the U.S. Under
these circumstances, USDA has authority to use a variety of
remedial actions, including quarantine or preventative slaughter,
and can, under some circumstances, prevent or restrict use
or movement of animals, articles, means of conveyance, or
facilities within a State. This section also requires the
Secretary to compensate the owner of any animal, article,
facility, or means of transport that is destroyed (whether
or not an emergency has been declared). Compensation will
not exceed the difference between the fair market value of
the destroyed animal, article, facility, or means of transport
and any compensation received by the owner from a State or
other source.
Section 10408 authorizes USDA to stop and inspect, without
a warrant, any person or means of transport when entering
the U.S to determine whether they carry any animal or article
regulated under the Act. USDA also has authority to stop and
inspect any person or means of transport in interstate commerce
with probable cause of carrying an animal or article regulated
by the Act or in a quarantined area under extraordinary emergency
with probable cause of carrying any quarantined animal or
article. With a warrant, USDA can enter any premises in the
U.S. to make inspections or seizures.
Under section 10409, the Secretary may carry out operations
and measures to detect, control, or eradicate any pest or
disease of livestock (including drawing blood and diagnostic
testing of animals), including animals at a slaughterhouse,
stockyard, or other point of concentration. The Secretary
shall pay claims arising from the required destruction of
animals, articles, or means of transport.
Section 10411 authorizes USDA to cooperate with other Federal
agencies, States, foreign governments, domestic or international
organizations or associations to carry out its provisions.
Section 10412 authorizes USDA to enter into reimbursable
fee agreements for pre-clearance of animals or articles at
locations outside the United States for movement into the
United States.
Section 10414 establishes penalties. A person who violates
this Subtitle shall be fined under title 18, United States
Code, imprisoned not more than 1 year, or both.
Section 10417 authorizes USDA, in cases of emergency under
which a pest or disease of livestock threatens segment of
U.S. agricultural production, to transfer funds from other
appropriations or Departmental agencies or corporations (such
as CCC) in order to arrest, control, eradicate, or prevent
the spread of the pest or disease and for related expenses.
Section 10418 provides for the repeal and conformation of
provisions in laws dating to 1884.
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Federal Pest Prevention and Exclusion
Programs
Import Standards (APHIS)
Identify quarantine and regulated pests and disease, goods
that can be imported from specific countries, and treatments
or practices required prior to entry. Determine plant products,
animals, and meat, dairy, and poultry products for which importers
must obtain import permits from APHIS and/or animal health
or phytosanitary certificates from the exporting country.
However, live plants and seed, including nursery stock, can
enter without permit, unless specifically listed as a problem.
Certificates verify that animals meet health standards, shipments
were found pest-free, or that required treatments were applied.
Ports of Entry Activities (APHIS and Department of
Homeland Security)
Inspections: Inspect cargo, freight shipments, vehicles,
and passengers and baggage (also mail, military equipment,
troop supplies, international garbage, ship and airline stores)
at first point of entry (such as airports, seaports, border
crossings), internal U.S. locations, or country of origin.
Control: Destroy, treat, or return to country of origin shipments
infested with a prohibited pest or disease. Treat or destroy
prohibited items brought in by travelers, international garbage,
and ship and airline stores. Reject shipments without required
import permits or phytosanitary certificates. Require post-entry
quarantine for some live plants and animals to determine if
pests are present.
Smuggling interdiction: Search for illegal imports that introduce
pests. There are special agreements with California and Florida
due to large volumes of smuggled goods entering them.
Offshore Activities (APHIS)
Cooperate with selected exporting countries to mitigate pest
or disease risks within their boundaries. Assess pest or disease
threats, monitor the pest or disease in the exporting country,
and develop control strategies to meet U.S. requirements,
such as pest-free areas, eradication programs, preshipment
or in-transit treatments or phytosanitary certificates.
Preclearance: Agreements with selected countries to inspect,
apply necessary treatments, and clear shipments of certain
goods against U.S. standards within their boundaries.
Passenger inspection: Inspect passengers and baggage in some
countries of origin, especially at airports, before travel
to the U.S.
Monitoring and Control: Conduct monitoring and/or control
programs in some foreign countries to exclude pests or diseases
from the U.S. or to prepare for their introduction. |
APHIS Domestic Pest and Disease
Programs
These are programs to detect and manage alien pests or diseases
that have entered the U.S., often in cooperation with State
government agencies and agricultural producers.
Pest and Disease Surveillance, Detection, and Monitoring
Identify the presence and severity of pest infestations.
Data support decisions about control programs, the development
of control methods, and export certification. APHIS has a
special program for fruit fly exclusion and detection, with
both domestic and offshore components.
The Cooperative Agricultural Pest Survey (CAPS): A cooperative
Federal/State network to detect plant pests. APHIS has cooperative
agreements with States to survey for selected pests.
National Agricultural Pest Information System (NAPIS): Plant
pest data are entered into NAPIS, which can be accessed for
pest forecasting and control decision-making.
National Animal Health Monitoring System (NAHMS): A cooperative
Federal/State/industry effort to collect information about
the status of animal health in the U.S. APHIS/VS conducts
national statistical surveys of poultry and livestock.
Eradication and Control
Responses to detection include eradication, containment,
or control. Some efforts are conducted by APHIS, while many
are cooperative with State agencies and other organizations.
Rapid response programs: Programs to eradicate new plant
pest or animal disease outbreaks or contain them in a small
area. Early or rapid response teams develop and implement
strategies to measure the extent of new plant pest outbreaks
and to eradicate or manage them. Often funded by the emerging
plant pests budget, emergency management systems budget (for
animal diseases), and other contingency funds.
Extraordinary emergency: APHIS can quarantine State or sub-State
regions, prohibit sale or shipment of crops, livestock, or
other articles outside the area, and require destruction or
other practices to control or contain pests or diseases.
Regulatory programs: USDA can require producers and others
to use specific practices for new alien pests or diseases
that have entered the U.S., are moving interstate, and, in
the case of extraordinary emergencies, within State boundaries.
Those measures can include destruction or treatment of animals,
commodities, plants, pests, or the means of moving them.
Eradication or control of established species: Federal/State
cooperation to control or eradicate established alien pests.
The National Center for Animal Health Program coordinates
animal disease programs, while the Pest Detection and Management
Staff of PPQ coordinates plant pest programs. |
for more information, contact:
Craig Osteen
web administration: webadmin@ers.usda.gov
page updated: September 14,
2004
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