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Pest Management Options for Public Programs
Surveillance - Activities, such as inspections or
surveys, to identify the presence, extent, and severity
of pest infestations.
Detection - Discovery and identification of a pest
or disease-causing organism. Early detection can
identify a threat and initiate a response program.
Delimitation - Defined extent of an infestation.
Monitoring - Tracking of the extent and severity
of pest infestations in various locations over time.
Management - Activities to reduce pest infestations
or damage. These activities could be implemented
under a regulatory and/or a public/private cooperative
program and can include surveillance activities
as well as activities to eradicate or control the
pest.
Eradication - Elimination of a pest or disease-causing
organism from a specific area.
Control - Prevention or reduction of the spread of
or damage from an organism, without eradication.
Containment - Prevention of the spread of an infestation
outside a specific area.
Quarantine - Legally defined area to isolate a pest
or disease or to prevent entry into or spread from
an area. Observation or specific control measures
may be required.
Rapid Response - Rapid public response after detection
of a damaging pest or disease threat to identify
the extent and severity of the infestation and to
eradicate or control it before it becomes widespread.
Restoration - Activities after control or eradication
of an organism to restore or rehabilitate a disturbed
system to prevent or slow the reinfestation or spread
of the pest. For example, planting native or other
desirable plants that can compete with an exotic
weed species after activities to eradicate or control
the weed.
Prevention - Exclusion of a pest from a specific
area, such as the United States, a State, or a region.
Such programs can require permits, inspections,
treatments, destruction, certifications of treatment
or pest-free status, or restrictions on commodity
movements in and around quarantine areas. |
Major International Agreements and Institutions
- International
Plant Protection Convention (IPPC): This Treaty,
which became effective in 1952, defines nations'
rights and responsibilities and facilitates international
cooperation in controlling plant pests and preventing
their spread across international boundaries.
The IPPC is governed and administered by the Interim
Commission on Phytosanitary Measures (ICPM), established
in 1997. The ICPM sets the work program for standards
development and approves adopts final draft standards
as global standards. Each United Nations Food
and Agriculture Organization (FAO) signatory country
is represented on the ICPM by one delegate.
FAO provides a secretariat to support the work
and direction set by the ICPM.
Each IPPC member has a national plant protection
organization to administer plant protection responsibilities
in international trade and communicate with international
organizations and other countries. For the United
States, this organization is the Plant Protection
and Quarantine unit of USDA's Animal and Plant
Health Inspection Service (APHIS/PPQ). Regional
plant protection organizations provide multicountry
coordination for activities and objectives of
the Convention. The United States, Canada, and
Mexico are members of the North
American Plant Protection Organization (NAPPO),
created in 1976.
- Office
International Des Epizooties (OIE):
Created by the "International Agreement for
the Creation of an Office International Des Epizooties
in Paris," the OIE (also known as the World
Organization for Animal Health) harmonizes trade
regulations in animals and animal products for
member nations, as well as providing information
about the occurrence and control of animal diseases
and international coordination of studies concerning
surveillance and control of such diseases.
Originally signed by 28 countries in 1924, the
Agreement and Office now include more than 160
member countries. USDA's APHIS-Veterinary Services
(APHIS/VS) is the primary U.S. contact with the
OIE. Under the agreement, countries are obliged
to report animal diseases detected in their territory.
The OIE disseminates this information to other
countries, which can take preventive actions.
The organization also collects, analyzes, and
disseminates scientific information on animal
disease control measures to help member countries
improve the methods used to control and eradicate
diseases, without setting unjustified sanitary
barriers. Finally, the OIE develops technical
standards, recognized by the WTO as international
benchmark standards for animal health measures,
to guide safe trade in animals and animal products.
OIE maintains two lists of transmissible diseases.
List A diseases have the potential for very
serious and rapid spread, irrespective of national
borders, are of serious socio-economic or public
health consequence, and are of major importance
in the international trade of animals and animal
products. List B diseases are considered to
be of socio-economic and/or public health importance
within countries and are significant in the
international trade of animals and animal products.
Member countries agree to report information
about the occurrence of List A diseases as often
as necessary and List B diseases at least once
per year.
- Agreement
on Sanitary and Phytosanitary Measures:
The SPS Agreement, under the World Trade Organization
(WTO), came into force in 1995. It addresses how
countries apply food safety, animal health, and
plant health regulations (sanitary and phytosanitary
or SPS measures), with respect to international
trade. While a primary purpose of the WTO is to
reduce international trade barriers, the SPS Agreement
recognizes countries' rights to take protective
measures, some of which may restrict trade, to
exclude or control foreign pest and disease threats
to human health, agricultural production, and
the environment. The Agreement gives responsibility
to establish international standards for phytosanitary
measures to the IPPC and for animal health and
zoonoses to the OIE. It also has a dispute resolution
process for disagreements over protective measures.
The SPS Agreement established a core set of
rules to govern countries' use of SPS measures
in trade. The WTO rules allow members to institute
SPS measures to protect consumer, animal, and
plant health, provided such measures are based
on scientific evidence, are no more trade restrictive
than necessary to achieve the importing countries'
appropriate level of protection and do not discriminate
between members where similar or identical pest
or disease risks exist. The adoption of temporary,
including emergency, SPS measures is allowed
in the event of a new pest or disease risk that
may require urgent, temporary action. The SPS
Agreement requires countries to revise such
temporary measures when sufficient scientific
information becomes available to do so.
Under the Agreement, each country can define
an allowable level of protection (ALOP). ALOPs
are usually defined qualitatively rather than
quantitatively, but countries must apply them
consistently for comparable, similar, or identical
risks. Different levels of protection for similar
or comparable risks must be justified by a science-based
rationale. Countries must not "arbitrarily
or unjustifiably" discriminate between
member countries with similar conditions. Member
countries must recognize regional differences
in pest infestations in other countries and
restrict imports only from regions where risk
exceeds the ALOP, not from regions where risk
meets the standard. If more than one protective
measure meets the ALOP, the importing member
country must choose one that minimizes negative
impacts on trade. For example, a pesticide treatment
might meet the standard with less impact than
an import ban.
- North American Free Trade Agreement:
Using language similar to the SPS Agreement,
this treaty between the United States, Canada,
and Mexico states that each country may adopt,
maintain, or apply any sanitary or phytosanitary
measure necessary for the protection of human,
animal, or plant life or health in its territory
(in Chapter
7, Section B). These measures may be more
stringent than an international standard, guideline,
or recommendation, provided such measures are
based on a risk assessment. Article 715 requires
parties to consider relevant pests and diseases
and specific economic factors in risk assessments.
Under the dispute resolution process, a member
would first take a dispute to NAFTA, but could
proceed to the WTO.
- Convention
on Biological Diversity: This Treaty,
negotiated under the United Nations Environmental
Programme (UNEP), came into force in December
1993. Its goals are to promote the conservation
of biodiversity, the sustainable use of its components,
and the fair and equitable sharing of benefits
from using genetic resources. Article 8 says that
"Each Contracting Party shall, as far as
possible and appropriate: … (h) Prevent
the introduction of, control, or eradicate those
alien species which threaten ecosystems, habitats,
or species." The first of 15 guiding principles
adopted at the sixth meeting of the Convention
(April 2002) was to apply the precautionary principle
to decisions concerning the intentional introduction
of alien species and the mitigation of impacts
of established alien species. This decision was
controversial because it might allow broader use
of the precautionary principle than the SPS Agreement
does. The U.S. signed the Convention in 1993 but
has not yet ratified it.
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Summary of Key Provisions of the
Plant
Protection Act of 2000
Authorities and Restrictions
411 |
Provides USDA with the authority to regulate, including prohibitions or restrictions
of, the import, export, and interstate movement
of plant pests including noxious weeds.
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412 |
Gives USDA authority to regulate the import, export, or interstate movement
of plants, plant products, biological control
organisms, articles, and means of conveyance
to prevent the introduction or dissemination
of plant pests.
Clarifies USDA regulatory authority for biological
control agents and expands the authority for
noxious weeds. USDA may publish lists of noxious
weeds and biological control organisms that
are restricted or prohibited from entering
the U.S. or moving in interstate commerce.
Decisions to add or delete species to these
lists are to be based on sound science. USDA
may develop a classification system and integrated
management plans for noxious weeds found in
the United States. While the Federal Noxious
Weed Act of 1974 required APHIS to list noxious
weeds, the Plant Protection Act eliminated
the requirement, but APHIS maintains the list
to enhance public communication and ensure
transparency in risk assessment and decision-making.
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412 & 413
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USDA can inspect and require permits, certificates of inspection, or other
remedial measures to prevent the spread of
pests, and can require post-entry quarantine
conditions for plants or biological control
organisms to determine whether they are plant
pests or are infested by plant pests.
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414 |
Authorizes a wide range of remedial measures to prevent the introduction or
spread of pests new or not known to be widely
distributed in the United States. USDA may
hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or dispose
of any plant, plant pest including noxious
weeds, biological control organisms, plant
products, or their progeny; any article; or
any means of conveyance in foreign or interstate
commerce. USDA can apply these remedial measures
if there is reason to believe that these items
are pests, infested with pests, or violate
any pest-related regulations. USDA can require
an owner of such items to take actions without
cost to the Federal government, but the law
requires that USDA take the least drastic
actions to adequately address the pest problem.
It defines authorities for warrants, subpoenas,
and criminal and civil penalties.
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415 |
Authorizes USDA to declare an extraordinary emergency when a plant pest or
noxious weed that is new or not known to be
widely distributed in the United States threatens
plants or plant products in the United States.
In addition to the remedial actions discussed
above, USDA may quarantine, treat, or apply
other remedial actions to premises, or quarantine
any State or portion of a State. USDA may
prohibit or restrict the movement of any plant,
plant product, biological control organism,
article or means of conveyance within a State
if necessary to prevent the spread of or to
eradicate the pest. USDA can take these actions
only after consulting with the officials of
the affected States and finding that their
actions are inadequate to eradicate the pest.
Again, the law requires USDA to take the least
drastic actions to adequately address the
problem. USDA may compensate economic losses
resulting from these actions.
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418 |
Authorizes USDA to certify that exports of plants, plant products, and biological
control organisms are free from pests and/or
meet the phytosanitary requirements of the
importing country.
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421 |
Authorizes USDA to gather and compile information and conduct necessary investigations
to administer and enforce the Act.
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431 |
Authorizes USDA to cooperate with other Federal agencies, States or their political
subdivisions, foreign governments, domestic
or international organizations, or other persons
to carry out the Act's provisions.
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433 |
Authorizes USDA to enter into reimbursable fee agreements with other countries
to preclear plants, plant products, biological
control organisms, and articles for import
by the United States.
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436 |
A State cannot regulate any of these products, articles, or means of conveyance
in foreign commerce. In general, a State cannot
regulate any of these products, articles,
or means of conveyance in interstate commerce
more strictly than an existing USDA regulation,
unless State or local officials can demonstrate
a special need based on sound scientific data
or a thorough risk assessment.
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442 |
Authorizes USDA, in cases of emergencies when a plant pest or noxious weed
threatens any segments of U.S. agricultural
production, to transfer funds from any Departmental
agency or corporation, such as CCC, to arrest,
control, eradicate, and prevent the spread
of the pest and for related expenses, subject
to review by the Office of Management and
Budget.
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Risk Assessment and Science-based Decision
Making
402 |
Finds that decisions affecting imports, exports, and interstate movement of
regulated products shall be based on sound
science.
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411 |
Finds that decisions to add or remove plant pests from lists that allow unrestricted
movement in foreign or interstate commerce
are to be based on sound science.
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412 |
Requires USDA to ensure that processes used in developing regulations concerning
import requests are based on sound science
and are transparent and accessible.
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431 |
Requires USDA to ensure that phytosanitary issues involving imports and exports
are addressed based on sound science and consistent
with international agreements. |
Note: The Plant Protection Act was amended through
P.L.
106-580, December 31, 2000.
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Summary of Key Provisions
of the Animal
Health Protection Act
10404 |
Provides USDA with the authority to prohibit or restrict (including post-import
quarantine, destruction, or removal) the importation
or entry of any animal, article, or means
of transport, if the Secretary determines
that it is necessary to prevent the introduction
or spread of any pest or disease of livestock.
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10405 |
Authorizes USDA to prohibit or restrict the export of animals, articles, or
means of transport if the Secretary determines
that it is necessary to prevent the spread
from or within the United States of any pest
or disease of livestock. USDA also has the
authority to certify exports.
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10406 |
Authorizes USDA to prohibit or restrict the movement in interstate commerce
of any animal, article, or means of transport
if the Secretary determines that it is necessary
to prevent the introduction or spread of any
pest or disease of livestock.
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10407 |
Authorizes USDA to hold, seize, quarantine, treat, or destroy any animal, article,
or means of transport that is moving or has
been moved in interstate commerce and may
be exposed to any pest or disease of livestock
at the time of movement. This section provides
for the determination of extraordinary emergencies
because of the presence of a pest or disease
that threatens the livestock of the United
States. Under these circumstances, USDA has
authority to use a variety of remedial actions,
including quarantine or preventative slaughter,
and can, under some circumstances, prevent
or restrict use or movement of animals, articles,
means of conveyance, or facilities within
a State. This section also requires the Secretary
to compensate the owner of any animal, article,
facility, or means of transport that is destroyed
(whether or not an emergency has been declared).
Compensation will not exceed the difference
between the fair market value of the destroyed
animal, article, facility, or means of transport
and any compensation received by the owner
from a State or other source.
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10408 |
Authorizes USDA to stop and inspect, without a warrant, any person or means
of transport when entering the United States
to determine whether they carry any animal
or article regulated under the Act. USDA also
has authority to stop and inspect any person
or means of transport in interstate commerce
with probable cause of carrying an animal
or article regulated by the Act or in a quarantined
area under extraordinary emergency with probable
cause of carrying any quarantined animal or
article. With a warrant, USDA can enter any
premises in the United States. to make inspections
or seizures.
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10409 |
Provides for the Secretary to carry out operations and measures to detect,
control, or eradicate any pest or disease
of livestock (including drawing blood and
diagnostic testing of animals), including
animals at a slaughterhouse, stockyard, or
other point of concentration. The Secretary
shall pay claims arising from the required
destruction of animals, articles, or means
of transport.
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10411 |
Authorizes USDA to cooperate with other Federal agencies, States, foreign governments,
domestic or international organizations or
associations to carry out the provisions of
the Act.
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10412 |
Authorizes USDA to enter into reimbursable fee agreements for pre-clearance
of animals or articles at locations outside
the United States for movement into the United
States.
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10414 |
Establishes penalties: a person who violates this Subtitle shall be fined under
title 18, United States Code, imprisoned not
more than 1 year, or both.
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10417 |
Authorizes USDA, in cases of emergency under which a pest or disease of livestock
threatens segment of U.S. agricultural production,
to transfer funds from other appropriations
or Departmental agencies or corporations (such
as CCC) in order to arrest, control, eradicate,
or prevent the spread of the pest or disease
and for related expenses.
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10418 |
Provides for the repeal and conformation of provisions in laws dating to 1884. |
Note: The Animal Health Protection Act is
contained in Title X, Subtitle E, Sections 10401-18
of P.L. 107-171, May 13, 2002, the Farm
Security and Rural Investment Act of 2002.
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Federal
Pest Prevention and Exclusion Programs
Import Standards (APHIS)
Identify quarantine and regulated pests and diseases, goods that can be imported from specific countries, and treatments or practices required prior to entry. Determine plant products, animals, and meat, dairy, and poultry products for which importers must obtain import permits from APHIS and/or animal health or phytosanitary certificates from the exporting country. However, live plants and seed, including nursery stock, can enter without permit, unless specifically listed as a problem. Certificates verify that animals meet health standards, shipments were found pest-free, or that required treatments were applied.
Ports of Entry Activities (APHIS and Department of Homeland Security)
Inspections: Inspect cargo, freight shipments, vehicles, and passengers and baggage (also mail, military equipment, troop supplies, international garbage, ship and airline stores) at first point of entry (such as airports, seaports, border crossings), internal U.S. locations, or country of origin.
Control: Destroy, treat, or return to country of origin shipments infested with a prohibited pest or disease. Treat or destroy prohibited items brought in by travelers, international garbage, and ship and airline stores. Reject shipments without required import permits or phytosanitary certificates. Require post-entry quarantine for some live plants and animals to determine if pests are present.
Offshore Activities (APHIS)
Cooperate with selected exporting countries to mitigate pest or disease risks within their boundaries. Assess pest or disease threats, monitor the pest or disease in the exporting country, and develop control strategies to meet U.S. requirements, such as pest-free areas, eradication programs, preshipment inspections, preshipment or in-transit treatments, or phytosanitary certificates.
In some countries, APHIS conducts monitoring and/or control programs to exclude pests or diseases from the United States. or to prepare for their introduction.
Note: Additional information on APHIS prevention
and exclusion programs is available at VS
National Center for Imports and Exports
website and the PPQ
Crop Biosecurity and Quarantine
Policy, Analysis and Support websites.
The responsibilities of APHIS and DHS in ports of
entry programs are detailed in the Memorandum
of Understanding between DHS and USDA. |
APHIS
Domestic Pest and Disease Programs
These are programs to detect and manage alien pests or diseases that have entered the United States, often in cooperation with State Government agencies and agricultural producers.
Pest and Disease Surveillance, Detection, and Monitoring
Identify the presence and severity of pest infestations. Data support decisions about control programs, the development of control methods, and export certification. APHIS has a special program for fruit fly exclusion and detection, with both domestic and offshore components.
The Cooperative Agricultural Pest Survey (CAPS): A cooperative Federal/State network to detect plant pests. APHIS has cooperative agreements with States to survey for selected pests.
National Agricultural Pest Information System (NAPIS): Plant pest data are entered into NAPIS, which can be accessed for pest forecasting and control decision-making.
National Animal Health Monitoring System (NAHMS): A cooperative Federal/State/industry effort to collect information about the status of animal health in the United States. APHIS/VS conducts national statistical surveys of poultry and livestock.
Eradication and Control
Responses to detection include eradication, containment, or control. Some efforts are conducted by APHIS, while many are cooperative with State agencies and other organizations.
Rapid response programs: Programs to eradicate new plant pest or animal disease outbreaks or contain them in a small area. Early or rapid response teams develop and implement strategies to measure the extent of new plant pest outbreaks and to eradicate or manage them. Often funded by the emerging plant pests budget, emergency management systems budget (for animal diseases), and other contingency funds.
Extraordinary emergency: APHIS can quarantine State or sub-State regions, prohibit sale or shipment of crops, livestock, or other articles outside the area, and require destruction or other practices to control or contain pests or diseases.
Regulatory programs: USDA can require producers and others to use specific practices for new alien pests or diseases that have entered the U.S., are moving interstate, and, in the case of extraordinary emergencies, within State boundaries. Those measures can include destruction or treatment of animals, commodities, plants, pests, or the means of moving them.
Eradication or control of established species: Federal/State cooperation to control or eradicate established alien pests. The National Center for Animal Health Program coordinates animal disease programs, while the Pest Detection and Management Staff of PPQ coordinates plant pest programs.
Note: Additional information about APHIS domestic programs is available on the PPQ Crop Biosecurity and on the Veterinary Services websites. |
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