SMALL PACK OF SEEDS REGULATIONS IN THE USA

[Ariel]

I old friends
I have a meeting with the Plant Health Officers about my complaint that the present legal situation in Israel, cannot allow lawfull importation of seeds.

Thus most tropica seeds are smuggled to Israel illegaly.

One fellow with a nursery was selling a grown up miracle fruit plant for 4000USD and most of his ungrafted plants for 200USD ans above.

This situation here is nor fair.

I asked the Plant Health office to allow fellows here, the construction of private seed quarantines and copy the USA regulations about small pack of seeds.

Please kindly direct me to these regulations.

TNX

Ariel Shai

[fyliu]

Hi Ariel, good to have you back.

Here is the relevant webpage. https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/permits/plants-and-plant-products-permits/plants-for-planting/ct_smalllots_seed

The US currently uses a blacklist system to ban invasive plants, exotic weeds, and certain plants from areas that are at high risk of carrying diseases or harboring pests which could have a negative impact on significant domestic crops.

[Ariel]

Thank you so much
Ariel

[HIfarm]

Ariel,

If you are talking to a rational individual and they are receptive to adopting something like the US small lots of seed program, there is at least one modification that comes to mind that you may want to suggest.

In the US system, if a seed has started to germinate, it is no longer a seed but a plant and is a violation of the permit.  In good inspection stations, they only remove the seeds that have started to germinate.  Others seem to destroy the entire pack containing the germinating seeds and I suspect that I have had an entire shipment destroyed once or twice because some seeds had started to germinate.

You should ask them to build in some reasonable exceptions to this (and, if possible, only destroy the germinating seeds).  If the seed has only just started to sprout or has a very short sprout, it is reasonable to assume this has started in transit and should just pass through.  If there is a 40-50 mm seedling, it was probably already starting to germinate before being sent and that sounds like "fair game" for being destroyed.

John

[fruitlovers]

Ariel,

If you are talking to a rational individual and they are receptive to adopting something like the US small lots of seed program, there is at least one modification that comes to mind that you may want to suggest.

In the US system, if a seed has started to germinate, it is no longer a seed but a plant and is a violation of the permit.  In good inspection stations, they only remove the seeds that have started to germinate.  Others seem to destroy the entire pack containing the germinating seeds and I suspect that I have had an entire shipment destroyed once or twice because some seeds had started to germinate.

You should ask them to build in some reasonable exceptions to this (and, if possible, only destroy the germinating seeds).  If the seed has only just started to sprout or has a very short sprout, it is reasonable to assume this has started in transit and should just pass through.  If there is a 40-50 mm seedling, it was probably already starting to germinate before being sent and that sounds like "fair game" for being destroyed.

John

John, FYI in the beginning when small seed lot permit use started nobody at APHIS confiscated seeds just because they were starting to germinate, they would have to have roots in order to be considered plants and to be confiscated. I don't know why they changed it, but it makes life difficult for us dealing with fast sprouting tropical fruit seeds. Maybe?... just maybe if enough of us got together and complained to APHIS about this they would consider changing back to how they dealt with this issue before?

[HIfarm]

John, FYI in the beginning when small seed lot permit use started nobody at APHIS confiscated seeds just because they were starting to germinate, they would have to have roots in order to be considered plants and to be confiscated. I don't know why they changed it, but it makes life difficult for us dealing with fast sprouting tropical fruit seeds. Maybe?... just maybe if enough of us got together and complained to APHIS about this they would consider changing back to how they dealt with this issue before?

There seems to be huge variation on how seeds are handled.  I am sure it varies by inspector but I suspect that different stations vary in their interpretations as well.  Since HNL seems to want to destroy everything, I have been trying to send to the nearest APHIS station to where I expect the package to make landfall in the US (since a few days difference in delivery time might make a difference in a seed getting destroyed or not) .  Some stations seem much more reasonable.  I have had good experiences with the LA station (and one or two others).  They passed some durio seeds even though many seeds had large sprouts.  The same vendor sent another shipment of durio seeds without the green & yellow label (for some reason), it ended up in HNL and they had fun destroying seeds again. 

I think your idea of taking it up with APHIS has merit.  However, I think it is better than even odds that whoever starts the discussion would be a marked man and they would find problems with all your shipments.  Maybe an on line petition to the Secy of Ag?  I think we could probably find a person or two here that might join in.

John

[fruitlovers]

Funny because my experience has been exactly the opposite of yours John, with LA being one of the worst experiences with inspection stations, topped only by Miami. Honolulu has been a lot better, especially if you they know you and have a good relationship with one or two of the agents there. The main problem for me is that the people i know always retire or move elsewhere. As soon as someone new comes in they become real sticklers and destroy first and ask questions later. Usually if they know me they will phone me or email me and give me a chance to answer questions or correct problems.
About rule changes, these are made by APHIS headquarters in Maryland, and not by individual inspection stations or individual agents. They have made changes in the past due to complaints. For example, the whole small seed lot permit system was set up due to people complaining about the fact that it is almost impossible to get phytos from some countries, especially for small quantities not being worth the hassle.

[HIfarm]

I guess I was just lucky at time or two with LA and got a reasonable agent.  I agree that Miami seems to be the worst but I'd nominate HNL for close second.  The last helpful agent I encountered there was Merren.  Since then, they all seem to have some confrontational tone going on.  Oh well, sorry to have highjacked  this topic for so long.

John

[Ariel]

Your help was crucial and helped me a lot.

I had last Wedensday a meeting with the chief plant health officers.

I was told that the Plant Health Law of 1956 is valid and no modifications are expected.

The Plant Health regulations are from 2009, contain 209 pages, and it took the legal procedure 20 years to confirm these in the Israeli Knesset=Parliament.

The regulations demand import permit+ phytosanitary document +and Damage Review Study before any species is allowed in. The fees\costs of these permits are far beyond the means of the local Israeli plant collector to deal with these authorities.  Thus, most Israelis will continue to smuggle seeds. The issue of smuggling cuttings and plants is simply unthinkable.

They explained their concern  from: pests, bacteri, fungii, viruses, viroids and mycoplasma. In some cases the officer will demand the seeds placed in a quarantine for 1-3 years on the expence of the importer.

There are 1 million seeds packages that are smuggled illegaly into Israel each year.

 But a few thousands packs of illegal seeds are confiscated as the content SEEDS is registered on the envelope, or in the customs check ups.

Parcels may pass through if - gift, sample, papers is written on the pack.

I am against smuggling seeds and plants into Israel.

I think that thr regulations must change and I was told that in 2 years they will try a pass the changes in the Knesset. I was asked to collect public's ideas. I said that I would like them to adopt and adapt the USA Small Pack of Seeds Regulations you so kindly sent me that morning.

I was shown a few full bags of seeds confiscated the day before and most seemed to me OK in commercial tight sealed envelopes/packs.

No punishment is imposed on the smugglers.

The Plant Health Officers are members of most Plant Exchange forums and follow the sell-buy-exchange posts of the Israelis.

I was told that I can import seeds from Europe provided with phytosanitary documents and an import permit per each species. Import permits are issued within 45 days from the request.

It was agreed to further exchang ideas.

At the moment, Israelis will continue to smuggle seeds and I am against it.

Will further appreciate any comments

Ariel Shai
Israel

[fruitlovers]

If rules are so strict that most people are forced to smuggle then the ones damaged the most is the state because the risk of introducing dangerous pests goes way up. Since your country does not impose a fine on the smuggler then the most the smuggler risks is the price of the product that they lose. I think you should present it in such a way that the state realizes that they are the ones that will gain the most by softening the rules enough so that it becomes practical for everyone to bring in products in a legal and safe way for everyone's benefit.

[Ariel]

Dear Oscar
I raised your argument.
I was answered that as govt officers they should obey and enforce the law - until ia day that t may change.
Ariel

[fruitlovers]

Dear Oscar
I raised your argument.
I was answered that as govt officers they should obey and enforce the law - until ia day that t may change.
Ariel

Yes ofcourse they have to enforce the law until it changes. The argument presented is that it is in their own interests, and everybody's interests to change that law as quickly as possible.