Pest List for Importation of Fresh Apple and Pear into the U.S. from eight countries in the EU

January 20, 2015

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Tree-Fruit Technical Advisory Council (TreeTAC)

Serving the biosecurity interests of the U.S. deciduous tree-fruit industry

January 20, 2015

Regulatory Analysis and Development

PPD, APHIS, Station 3C71,

4700 River Road Unit 118,

Riverdale, MD 20737-1238

RE: Pest List for the Importation of Fresh Fruit of Apple, Malus domestica, and Pear, Pyrus communis, into the Continental United States from eight countries in the European Union (Belgium, Germany, France, Italy, Poland, Portugal, Spain, the Netherlands).

The Tree-Fruit Technical Advisory Council (TreeTAC) represents U.S. deciduous tree fruit growers, packers and shippers. These comments are being submitted on their behalf in response to the December 15, 2014, U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) public notice of the availability of the “Pest List for the Importation of Fresh Fruit of Apple, Malus domestica, and Pear, Pyrus communis, into the Continental United States from eight countries in the European Union (Belgium, Germany, France, Italy, Poland, Portugal, Spain, the Netherlands).”

The introduction to this pest list indicates:

“The European Union has requested that APHIS modify the import requirements for apples and pears to be imported into the Continental United States. APHIS has revised the draft pest list posted on August 29, 2014, which now includes eight member states instead of seven, and several amendments to the number and distribution of pests.”

On September 30, 2014, TreeTAC submitted comments to APHIS in response to the “Pest List for the Importation of Fresh Fruit of Apple, Malus domestica, and Pear, Pyrus communis, into the Continental United States from seven countries in the European Union (Belgium, Germany, France, Italy, Portugal, Spain, the Netherlands)”, posted on August 29, 2014. TreeTAC has not received a response to its comments and it is unclear if they will be considered in future versions of the pest list or the APHIS process. (The current version of the pest list is dated July 2, 2014.)

In general, TreeTAC has no objection to the Department considering ways in which administrative burdens can be minimized while sufficient safeguards are in place to assure that plant pests and diseases, which can adversely affect fruits and vegetables grown in this country, are not introduced into the U.S. through such imported fruits and vegetables. In other words, assuring plant quarantine security should be the primary role of APHIS, not facilitating trade for foreign exporters who want to avail themselves of U.S. markets. Our domestic industry should not be put at increased risk so that the trading position of foreign countries is enhanced.

In that regard, TreeTAC remains concerned that the ongoing negotiations on the Transatlantic Trade and Investment Partnership between the European Union (EU) and the U.S. may be exerting pressure on the Agency to expedite its analysis of pest risks from certain European countries. It is no secret that the EU has informed the United States trade negotiators that improving the phytosanitary conditions for shipping apples and pears to our country is one of the European Union’s highest priorities for agriculture under the proposed trade agreement. In our September 30, 2014 comments we stated:

“It is unclear how those negotiations may ultimately enhance the volume of fresh apple and pear exports to the U.S. and thereby fundamentally alter the economic assumptions and regulatory resources dedicated to those activities. Therefore we strongly recommend that APHIS exercise comprehensive due diligence should it choose to proceed further with accommodating this request by the EU.”

Now, APHIS has revised the pest list to include apples and pears from Poland. Again, it is no secret that Poland has approached the United States and requested expedited access for its fruit due to the damages Polish fruit producers are experiencing as a result of the closure of their primary export market, Russia. In addition to prohibiting the import of Polish apples and pears, Russia is also prohibiting imports of apples and pears from the U.S., in retaliation over the sanctions the U.S., Poland and other European countries imposed on Russia due to its actions in Ukraine.

In previous communications with TreeTAC, APHIS indicated that Polish apples and pears would not be part of the EU request for expedited access under a systems approach given that Poland has never exported any apples and pears to the U.S. and therefore a more thorough pest risk analysis and review would be required prior to rulemaking. (Something not required for the other seven European countries given previous access and evaluation). We disagree with the apparent change in policy that led to the inclusion of Polish apples and pears into the pest list with the other seven European countries. We are concerned that political pressure is being applied to the Agency to expedite the approval process and this could increase the risk of plant pests being introduced to the United States from Europe.

We maintain TreeTAC’s long standing recommendation that USDA-APHIS also fully disclose all information collected and used in generating this pest list, along with any subsequent pest risk assessment. This recommendation is in keeping with the Office of Management and Budget recommendation for peer review and science in agency rulemaking, which states:

“OMB has recommended that agencies sponsor scientific peer reviews of their work using objective independent experts. The purpose of peer review is to provide an expert review of the use of science that is free from the biases of the regulators and the interested parties. OMB has suggest that agencies us the following criteria in conducting peer review: (1) select peer reviewers primarily on the basis of necessary technical expertise, (2) ask peer reviewers to disclose to agencies, before a panel is formed any prior technical/policy positions on relevant issues; (3) ask peer reviewers to disclose to agencies, before a panel is formed, their personal and institutional sources of revenue (private and public sector) that may create a real or perceived conflict of interest; and (4) require that the work of peer review panels be conducted in an open and rigorous manner. These criteria should ensure that peer reviewers are unbiased, objective, and do not reflect any particular ideological position…The peer review process will assist the agency in ensuring that the information relied on is accurate, reliable, and unbiased in substance and presentation.”

Specific Questions, Concerns and Recommendations

  1. The leafminer Leucoptera malifoliella is limited to leaves, yet interception records are cited as showing that it follows apple and pear shipments. It is "assumed" in this document, that leaf removal will take place and prevent foliar feeders from following the chain. APHIS will need to ensure that this removal takes place in a comprehensive manner.
  1. APHIS should add the Hawthorn Spider Mite (Amphitetranychus viennensis) to the pest list. The French National Institute for Agricultural Research (INRA) web site shows it as existing throughout western Europe. This pest used to be in the same genus as the Two Spotted Spider Mite (TSM) ( Tetranychus urticae ). TSM sometimes lays eggs in the calices of apple, close to harvest before it descends to the ground cover for overwintering. (virginiafruit.ento.vt.edu/TSMwinter).
  1. In section 1.2 of the pest list APHIS indicates that the development of this pest list will allow APHIS to determine if minimal post-harvest processing is adequate to provide phytosanitary security or if other measures may be required. TreeTAC urges APHIS to review interception records from the 1980s on apple and pear exports from the EU to the United States to determine and explain why such minimal standard procedures were ineffective against Leucoptera malifoliella.
  1. In section 2.1 of the pest list APHIS states that “Should it be necessary, these pests would require further analysis in a pest risk assessment.” TreeTAC believes that it is appropriate for APHIS to conduct a pest risk assessment before proceeding further. The pests contained in the pest list could pose a significant threat to the apple and pear orchards of the United States if they arrive on European fruit and APHIS should exercise the highest level of precaution and analysis before proceeding further with this trade request.
  1. Given the uncertainty surrounding the success of the Transpacific Trade and Investment Partnership a decision to expedite access for the eight European countries seems premature. We urge APHIS to take all the time necessary to verify the plant pest dynamic in Europe and ensure that the European Commission provides the same level of justification and information that APHIS requires from our growers when seeking access to a new market.

Thank you for the opportunity to comment on this process. We look forward to USDA APHIS’s response. Please do not hesitate to contact us, should you have any questions regarding TreeTAC’s submission.

Sincerely,

The Tree-Fruit Technical Advisory Council

Dr. Jim McFerson

Chairman

DM_US 58261486-1.066583.0010