Lesson 3: Basic Requirements of the U.S. Regulatory System
Topic 5: Fruit and Vegetable Import Requirements (FAVIR) Database and Other Manuals
The Fruits and Vegetables Import Requirements (FAVIR) database provides one-stop access to all of APHIS’ requirements for the importation of fruits and vegetables, including those established through a notice-based process. Other manuals provide guidance on the importation of other articles, such as seeds and plants for planting, and guidance on treatments.
Objectives:
- Describe the purpose of the FAVIR database and its relation to the APHIS notice-based process
- Describe how FAVIR and the Fruits and Vegetables Manual differ from most other manuals
As discussed earlier, APHIS authorizes the importation of certain fruits and vegetables through a notice-based process rather than through rulemaking. The Code of Federal Regulations does not list the requirements for importation of these fruits and vegetables. Instead, it outlines the process to authorize their importation and directs the reader to a location where the requirements can be found. Specifically, APHIS directs readers to the Fruits and Vegetables Manual, which is available at www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf. APHIS updates this document whenever a new fruit or vegetable is authorized for importation, or when the conditions for importation of a fruit or vegetable change, either through the rulemaking process or through the notice-based process.
This content is also available in a user-friendly format in the Fruits and Vegetables Import Requirements (FAVIR) database. The database is available at www.aphis.usda.gov/favir. You can search the FAVIR database for import requirements by country to see all places from which importation is authorized, or by commodity to see from where a particular commodity can be imported.
APHIS also provides manuals outlining the requirements for the importation of other articles that could pose a plant health risk. These manuals cover phytosanitary treatments, plants for planting, seeds, cut flowers and greenery, and other types of articles. The phytosanitary treatment manual actually fulfills a function similar to that of the FAVIR database and the fruits and vegetables manual in that phytosanitary treatment schedules are included in the manual but not in the regulations, and the schedules in the manual are updated through a notice-based process. This allows APHIS to add or modify treatment schedules as necessary when using the notice-based process to authorize the importation of fruits or vegetables.
The other import manuals, by contrast, reflect requirements that are in the regulations. They are primarily used as a resource for port inspectors and importers. However, the import manuals frequently offer additional details. For example, the regulations in ยง 319.37-5 require Dracaena spp. plants to be imported only from approved facilities. The plants for planting manual actually lists which facilities are approved. Thus, it can be useful to consult both the regulations and the manual for the relevant commodity when trying to determine what conditions apply to the importation of an article.
FAVIR is the easiest way to find the requirements for the importation of fruits and vegetables into the United States. It combines requirements from all available sources, including both the rulemaking process and the notice-based process for market access requests. Other manuals also provide information about import requirements: sometimes information that is not in the regulations.
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