Plants and plant products
- Document symbol
- G/LIC/N/3/USA/21
- Original language
- English
- Published on
- 16/10/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Import permits are required for the importation of most plants and some plant products, to protect against the introduction of pests and diseases. Permits are also required for the import, export or re-export of terrestrial plants that are on the endangered species list. 7 CFR 319.7-1 and 7 CFR 319.7.2 provide the requirements for applying and issuance of permits.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Plant Heath Permits are required for:
Plants and plant products for or capable of propagation (including seeds);
- Cut flowers with berries attached;
- Products associated with the Khapra beetle;
- Fruits and Vegetables;
- Foreign Cotton and Covers;
- Sugarcane Products and by-products;
- Indian corn or maize, broomcorn, and related plants:
- Rice and related products;
- Timber Products: logs, lumber, other unmanufactured wood products;
- Plant pests and pathogens and host materials including:
- Pest and Pathogens
- Biological control organisms
- Bees
- Earthworms (effective 1 October 2022);
- Parasitic plants and noxious weeds
- Plant Growth enhancers
- Soil and quarry products
- Federal Noxious Weeds
- Plants and plant products regulated under CITES;
- Plants and plant products in transit through the United States;
- Restricted and prohibited plants and plant materials for developmental, experimental, and therapeutic purposes as outlined in 7CFR 319.6.
Q3. The system applies to goods originating in and coming from which countries?
The permit system applies to products coming from all countries with exceptions.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The permit system is to protect against the entry of plant pests and diseases, and to protect endangered plant species. Permits are required for the importation, transit, domestic movement, including interstate, and environmental release of Organisms that impact plants, and the importation and transit of Plants and Plant Products under authority of the Plant Protection and Honeybee Acts.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The permit system for most products covered is a statutory requirement of Section 412 of the Plant Protection Act, 7 U.S.C. 7712 and codified under 7 CFR § 319 Foreign Plant Quarantines. The Endangered Species Act, which inter alia implements the Convention on International Trade in Endangered Species of Wild Fauna and Flaura (CITES), regulates international trade in wildlife and plants, including parts, products, and derivatives, for any purpose whether commercial or non‑commercial, through a system of permits and certificates, to ensure the trade is legal and does not threaten the survival of species in the wild, including through monitoring the effects of the volume and type of trade and through different levels of protection and requirements for species included on one of three CITES Appendices.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Permit applications are effected by one office, U.S. Department of Agriculture, Permit Section, Unit 133, 4700 River Road, Riverdale, Maryland 20737. Most applications are not passed on to other offices for visas, note, or approval, and the importer does not have to approach more than one administrative organization. The exceptions to this are the permit applications for pests, organisms, soil and for plants required to be grown in post-entry quarantine.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
7 CFR § 319.7-3 contains criteria on denial of permits. 7 CFR § 319.7-5 specifies procedures to appeal permit denial or revocation. The applicant may appeal to the Administrator in writing within ten business days. Similar appeal procedures for permits for plant pest and biocontrol agents are contained in 7 CFR § 330.201.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Any individual, partnership, corporation, association, joint venture, or other legal entity may be eligible to apply for licenses. If the applicant is an individual who is at least 18 years of age, has and maintains an address in the United States that is specified on the permit, and is physically present during normal business hours at that address during any periods when articles are being imported or moved interstate under the permit; or, if the applicant is a legal entity that maintains an address or business office in the United States with a designated individual for service of process, there is no registration fee. There is no published list of authorized importers. There is a US$70 fee for plants and plant products regulated by CITES or ESA. Applicants are encouraged to file their applications electronically through the eFile systems. To use the eFile system, applicants must first be eAuthenticated.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The information required in applications is set forth in the PPQ Form 587 (for plants and plant products), 588 (application for prohibited material), 546 for plants requiring post-entry quarantine, and PPQ 621 for endangered plants. Plants and plant products in transit through the United States require a PPQ Form 586. Applications to import soil are contained in PPQ Form 525, and PPQ form 526 is required for plant pests, biocontrol agents, and Federal Noxious Weeds.
Q11. What documents are required upon actual importation?
For all plants and some plant products, a phytosanitary certificate must accompany the shipment. Endangered species have special documentation requirements.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge for permits other than the US$ 70.00 fee per permit for commercial trade in endangered plants.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required in connection with the issue of permits.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Permits are valid for specified periods of time, and they can be extended by re-application. The permit for endangered or threatened plants is valid for two years.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a permit.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Almost all permits used for the import of plants and plant products have specific import conditions, which are listed on the permit application.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.