Final Rule: Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables [Docket No. APHIS–2010–0082]

The Animal and Plant Health Inspection Service (APHIS) is amending its regulations governing the importation of fruits and vegetables by broadening our existing performance standard to provide for approval of all new fruits and vegetables for importation into the United States using a notice-based process. APHIS is also removing the region- or commodity-specific phytosanitary requirements currently found in these regulations. Likewise, APHIS is making an equivalent revision of the performance standard in our regulations governing the interstate movement of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and removing the commodity-specific phytosanitary requirements from those regulations. This action will allow for the approval of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It will not, however, alter the science-based process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated.  (Federal Register Vol. 83, No. 179 Friday 14 September 2018 pages 46627-46639).