New USDA rule impacts Canadian nursery stock movement to the US
Attention growers - a new USDA NAPPRA rule has potential for major impact to Canadian nursery stock exports to the US.

The USDA has announced the establishment of a new category in their regulations governing the importation of nursery stock. This new regulation, to be known as Plants for Planting Not Authorized for Importations Pending Pest Risk Analysis or NAPPRA has the potential for serious impacts to the Canadian wholesale nursery grower industry.

Under the new NAPPRA rules, USDA-APHIS will publish a list of plants that it considers to be quarantine pests (41 taxa in total), or hosts of quarantine pests (107 taxa that are hosts of 13 quarantine pests). There are two key elements of the new NAPPRA list of plants:
  • Plants as the potential pathway for movement of quarantine pests
  • The origin of these plants.
It is the intent of this new regulation to prohibit the entry of all plants on the list until such time as a Pest Risk Assessment (PRA) is completed by the USDA. Completion of a PRA will not be automatic and must first be requested.

Verification of origin as part of CFIA phytosanitary export procedures is about to get much more complicated.

Not only will origin have to be verified as is currently the case, but the origins will have to be compared to the NAPPRA list to determine if plants will ever be eligible for export to the US. During the NAPPRA implementation period, the date that plants entered into Canada is also critical, as certain plants from specific origins imported after NAPPRA goes into effect may never be eligible for export to the US. Plants can never be "from" Canada if they were originally grown in a country where they would be prohibited entry into the US. Exporters will have to demonstrate to CFIA that the plants presented for export meet USDA NAPPRA requirements at the time the plants entered Canada.

At this time, the ultimate impact on exports and re-exports of plants for planting from Canada to the US is not known. It is believed that Canada will not be exempted under the new rule, but that there will likely be exemptions on a case-by-case and genus-by-genus basis.

CNLA will work with CFIA to set up some consultations with industry across the country this coming fall to assist industry to better understand these new regulations and their potential impacts to the sector. USDA is accepting comments until September 26, 2011.

For more information:
http://www.gpo.gov/fdsys/pkg/FR-2011-07-26/pdf/2011-18845.pdf
http://content.govdelivery.com/bulletins/gd/USDAAPHIS-c719b

USDA-APHIS is soliciting public comments on this notice prior to adding them to the NAPPRA category. Comments for this notice must be submitted on or before September 26th, 2011.  http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0072

USDA has a listserv announcing regulatory updates. Here is the link that you can follow in order to subscribe:
https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new