§608e–1 Import prohibitions on specified foreign produce

Summary

Imports of many fruits, vegetables, and nuts into the United States must meet the same grade, size, quality, and maturity rules that U.S. growers follow under a marketing order. The rule covers a long list of produce (for example: tomatoes, raisins, olives, prunes, avocados, mangoes, limes, grapefruit, peppers, potatoes, cucumbers, oranges, onions, walnuts, cherries, pecans, dates, table grapes, eggplants, kiwifruit, nectarines, clementines, plums, pistachios, apples, and caneberries). Dates brought in for processing are not covered. Shipments from Puerto Rico or other U.S. territories are also not covered. If more than one U.S. marketing order applies, an imported item must meet the order that governs the area it most directly competes with. The Secretary of Agriculture must give notice before the ban starts (at least 3 days; for tomatoes the time needed to transport them must be considered). If imported produce is different from U.S. produce, the Secretary can set comparable rules by type or variety. The Secretary may make rules and can inspect imports. People who break these rules face a forfeiture or penalty in the amounts set in sections 608a(5) or 608c(14). The Secretary can add up to 35 extra days to a seasonal marketing order to stop imports from dodging the standards. Any extra period must be announced at least 30 days before it starts, is reviewed at least every 3 years on request, and is set after public notice and comment. Before any import ban or regulation takes effect, the Secretary must tell the United States Trade Representative. The Secretary may only move forward if the Trade Representative agrees within 60 days.