Basic information
Outline of the system
Import permits are required for the importation of most plants and some plant products, to protect against the introduction of pests and diseases. Permits are also required for the import, export or re-export of terrestrial plants that are on the endangered species list. Permits are only issued to a firm or individual resident in the United States.
Earthworms are being added to the list of plant pests and pathogens and host materials requiring a permit.
For more information: www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/permits...
Product coverage
Permits are required for:
Plant Heath Permits are required for:
Plants and plant products for or capable of propagation (including seeds);
- Cut flowers with berries attached;
- Products associated with the Khapra beetle;
- Fruits and Vegetables;
- Foreign Cotton and Covers;
- Sugarcane Products and by-products;
- Indian corn or maize, broomcorn, and related plants:
- Rice and related products;
- Timber Products: logs, lumber, other unmanufactured wood products;
- Plant pests and pathogens and host materials including:
- Pest and Pathogens
- Biological control organisms
- Bees
- Earthworms (effective 1 October 2022);
- Parasitic plants and noxious weeds
- Plant Growth enhancers
- Soil and quarry products
- Federal Noxious Weeds
- Plants and plant products regulated under CITES;
- Plants and plant products in transit through the United States
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The permit system is to protect against the entry of plant pests and diseases, and to protect endangered plant species. Permits are required for the importation, transit, domestic movement, including interstate, and environmental release of Organisms that impact plants, and the importation and transit of Plants and Plant Products under authority of the Plant Protection and Honeybee Acts.
Earthworms ingest soil that may contain animal and plant pathogens that could be transported inside the worms, putting U.S. animals and plants at risk. In addition, APHIS considers some exotic earthworms plant pests because they disrupt the soil and may cause undesirable impacts on plant growth and diversity.
As notified in G/LIC/N/3/USA/18, and outlined in paragraph 1.1 of the notification, import permits are required for the importation of most plants and some plant products, to protect against the
introduction of pests and diseases. Permits are also required for the import, export or re-export of terrestrial plants that are on the endangered species list.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The permit system applies to products coming from all countries with exceptions.
Expected duration of licensing procedure
Depends on the products.
Legal requirements
Is the licensing statutorily required?
The permit system for most products covered is a statutory requirement of Section 412 of the Plant Protection Act, 7 U.S.C. 7712 and codified under 7 CFR § 319 Foreign Plant Quarantines. The Endangered Species Act, which implements provisions of the Convention on International Trade in Endangered Species (CITES), establishes a permit system for certain plants on the endangered species list.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Applicants are encouraged to file their applications electronically through the ePermits systems. To use the ePermits system, applicants must first be eAuthenticated.
What persons or firms are eligible to apply for a licence?
Any individual, partnership, corporation, association, joint venture, or other legal entity may be eligible to apply for licenses. If the applicant is an individual who is of least 18 years of age, has and maintains an address in the United States that is specified on the permit, and is physically present during normal business hours at that address during any periods when articles are being imported or moved interstate under the permit; or, if the applicant is a legal entity that maintains an address or business office in the United States with a designated individual for service of process, there is no registration fee. There is no published list of authorized importers. There is a US$ 70.00 fee for plants and plant products regulated by CITES or ESA. Applicants are encouraged to file their applications electronically through the ePermits systems. To use the ePermits system, applicants must first be eAuthenticated.
Permits are only issued to a firm or individual resident in the United States. (Earthworms)
Is there a registration fee?
There is no registration fee. There is a US$ 70.00 fee for plants and plant products regulated by CITES or ESA.
Is there a published list of authorized importers?
There is no published list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
United States Department of Agriculture
Address
Animal and Plant Health Inspection Service
Telephone
1400 Independence Ave, SW, Stop 1021, Washington, DC, 20250
Fax
(301) 851-2046
E-mail address
(301) 734-5786
Website
Not applicable.
Submission of an application
Administrative body(ies) for submission of an application
United States Department of Agriculture, Animal and Plant Health Inspection Service
Documentation requirements
What information is required in applications?
The information required in applications is set forth in the PPQ Form 587 (for plants and plant products), 588 (application for prohibited material), 546 for plants requiring post-entry quarantine, and PPQ 621 for endangered plants.
What documents is the importer required to supply with the application?
Plants and plant products in transit through the United States require a PPQ Form 586. Applications to import soil are contained in PPQ Form 525, and PPQ form 526 is required for plant pests, biocontrol agents, and Federal Noxious Weeds.
Beginning 1 October 2022, the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) will require all stakeholders who import earthworm species into the United States to request and obtain a PPQ 526 pest permit and to comply with rearing and shipping requirements.
PPQ form 526 is already required for plant pests, biocontrol agents, and Federal Noxious Weeds.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Permit applications are effected by one office, U.S. Department of Agriculture, Permit Section, Unit 133, 4700 River Road, Riverdale, Maryland 20737.
Must the applications be passed on to other organs for visa, note or approval?
Most applications are not passed on to other offices for visas, note, or approval, and the importer does not have to approach more than one administrative organ. The exception to this are the permit applications for soil and for plants required to be grown in post-entry quarantine.
Are there any other conditions attached to the issue of a licence?
Almost all permits used for the import of plants and plant products have specific import conditions, which are listed on the permit application.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge for permits other than the US$ 70.00 fee per permit for commercial trade in endangered plants.
What is the amount of the fee or charge?
There is no licensing fee or administrative charge for permits other than the US$ 70.00 fee per permit for commercial trade in endangered plants.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required in connection with the issue of permits.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Similar appeal procedures for permits for plant pest and biocontrol agents are contained in 7 CFR § 330.201.
Are the reasons for any refusal given to applicants?
7 CFR § 319.7-3 contains criteria on denial of permits.
Have applicants a right of appeal in the event of refusal to issue a licence?
7 CFR § 319.7-5 specifies procedures to appeal permit denial or revocation.
If so, to what bodies and under what procedures?
The applicant may appeal to the Administrator in writing within 10 business days.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
For all plants and some plant products, a phytosanitary certificate must accompany the shipment. Endangered species have special documentation requirements.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Permits are valid for specified periods of time, and they can be extended by re-application. The permit for endangered or threatened plants is valid for two years.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a permit.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.