APHIS Revises the Regulations for the Movement of Plant Pests and Biocontrol Agents

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) facilitates the import and interstate movement of live insects, microorganisms and weeds that are plant pests and/or may be potential biological control organisms via permits that prescribe safeguards to prevent harm to U.S. agricultural and environmental resources.  

APHIS revised the regulations that govern the movement of plant pests to align regulations with current policies, remove obsolete requirements, streamline the permit process for low risk organisms, and update requirements for the import of foreign soil.  The proposed rule was published on Friday, January 20, 2017. The final rule was published on Tuesday, June 25, 2019 and went into effect on Friday, August 9, 2019.  

• Final Rule 

Effective August 9, 2019, the following listed organisms may be moved interstate within the United States without further restriction. 

Native and Naturalized Plant Pests Permitted by Regulation

Beginning Friday, August 9, 2019, the following plant pest are permitted by regulation (individual permits not required) for interstate movement within the United States. The table is categorized by bacteria, cockroaches (feeder insect trade), fungi, insects, mites, nematodes, and viruses.

Invertebrate Organisms for the Biological Control of Weeds

Beginning Friday, August 9, 2019, permits for these organisms are no longer required for the contiguous United States for domestically collected species. Permits are still required for importations or interstate movement of foreign isolates.

Invertebrate Organisms for the Biological Control of Invertebrate Plant Pest 

Beginning Friday, August 9, 2019, permits for these organisms are no longer required for the contiguous United States for domestically collected species. Permits are still required for importations or interstate movement of foreign isolates.

The rule creates a transparent petition process to request a plant pest or a biological control organism be exempt from permitting requirements. It also defines the process by which stakeholders can request the reinstatement of permitting requirements by removing a species from the list of organisms allowed for interstate/domestic movement. 

The rule will benefit stakeholders by making permit requirements more clear and transparent. It will also make the permitting process faster and simpler for certain low-risk pests and pathogens.