§608e–1 Import Prohibitions on Specified Foreign Produce

Summary

Imports of many U.S. fruits, vegetables, and nuts must meet the same grade, size, quality, and maturity rules that apply to the same crops grown here. If a U.S. marketing order sets those standards for crops like tomatoes, raisins, olives (not Spanish-style green), prunes, avocados, mangoes, limes, citrus, peppers, potatoes, cucumbers, onions, walnuts, cherries, pecans, dates, filberts, table grapes, eggplants, kiwifruit, nectarines, clementines, plums, pistachios, apples, and caneberries (raspberries, blackberries, loganberries), then imports (except dates for processing) are barred unless they meet those standards or comparable ones set by the Secretary of Agriculture. Shipments from Puerto Rico or other U.S. territories are not covered. The ban won’t start until the Secretary gives notice (at least 3 days; extra care for tomatoes’ transport time). If imports differ by variety, the Secretary can make equivalent rules by type. Violations can lead to forfeiture or penalties as set in sections 608a(5) and 608c(14). The Secretary can also extend a marketing order’s rules by up to 35 days each year to prevent import circumvention. Any extra period must be announced at least 30 days ahead, reviewed every 3 years on request, and set after public notice and comment considering past imports, circumvention risk, and supply/price. The Secretary may inspect imports. Before any prohibition or regulation takes effect, the Secretary must notify the U.S. Trade Representative, who has 60 days to say whether it conflicts with U.S. trade obligations; the Secretary may go ahead if the Representative agrees within 60 days.