Plant Protection Act — APHIS & Federal Quarantine

The Plant Protection Act of 2000 (7 U.S.C. §§ 7701–7786) is the primary federal law preventing plant pests and noxious weeds from entering the United States or spreading within it — protecting American agriculture, forests, and natural ecosystems from the devastating invasions that have destroyed crops and landscapes throughout history. Administered by USDA's Animal and Plant Health Inspection Service (APHIS), the Act authorizes border inspection of all plants and plant products entering the country, federal quarantines restricting the movement of potentially infested materials, eradication programs for established pests, and criminal penalties for knowingly introducing plant pests. APHIS inspects approximately 1.5 million shipments of plants and plant products annually at U.S. ports of entry and maintains domestic quarantine programs for pests like the Asian citrus psyllid (which spreads citrus greening disease), emerald ash borer, and spotted lanternfly.

Current Law (2026)

Legal Authority

• 7 U.S.C. § 7711 — Regulation of movement of plant pests (no person may import, enter, export, or move interstate any plant pest unless authorized by permit; Secretary prescribes conditions to prevent pest introduction and dissemination)
• 7 U.S.C. § 7712 — Regulation of movement of plants and plant products (Secretary may prohibit or restrict import, entry, export, or interstate movement of plants, plant products, biological control organisms, noxious weeds, and articles when necessary to prevent pest introduction)
• 7 U.S.C. § 7714 — General remedial measures (Secretary may seize, quarantine, treat, apply measures to, or destroy plants, plant pests, noxious weeds, and articles as necessary to prevent pest spread)
• 7 U.S.C. § 7715 — Declaration of extraordinary emergency (Secretary may declare emergency when a new or not widely prevalent plant pest threatens plants or plant products; authorizes immediate action including movement restrictions and eradication)
• 7 U.S.C. § 7718 — Certification for exports (APHIS issues phytosanitary certificates attesting that plants and plant products meet importing country requirements)
• 7 U.S.C. § 7734 — Penalties (knowing violations: criminal fine up to $50,000 and/or imprisonment up to 10 years; civil penalties: up to $500,000 per violation)

How It Works

Border protection is the first line of defense. Every plant and plant product entering the United States — from a crate of bananas to a bouquet of flowers to a shipment of lumber — must clear APHIS inspection or meet pre-clearance requirements. APHIS inspectors at ports of entry examine shipments for evidence of plant pests (insects, disease organisms, noxious weed seeds) and verify that imports have the required phytosanitary certificates from the exporting country. Items that fail inspection are treated (fumigated, heat-treated), re-exported, or destroyed. The permit system requires advance authorization for importing regulated plants and plant pests (even for research purposes).

Domestic quarantines restrict the movement of regulated articles within the United States to prevent the spread of established pests. When a new pest is detected in an area, APHIS may establish a quarantine zone — within which regulated articles (specific plants, soil, wood, or other materials that could carry the pest) cannot be moved without treatment or certification. Current domestic quarantines address pests including Asian citrus psyllid, European grapevine moth, imported fire ant, Japanese beetle, Khapra beetle, and spotted lanternfly. Moving regulated articles out of a quarantine zone without authorization is a federal violation.

Emergency authority (§ 7715) allows the Secretary to declare an extraordinary emergency when a plant pest or noxious weed that is new to or not widely prevalent in the United States threatens American agriculture. Emergency declarations authorize immediate action — movement restrictions, eradication programs, and destruction of infested material — without the extended rulemaking process normally required. The Secretary must consult with affected state governors and provide compensation to owners whose property is destroyed.

Eradication and control programs address pests that have already become established. APHIS conducts cooperative federal-state eradication programs targeting high-priority pests — using techniques including insecticide application, biological control (introducing natural predators), sterile insect releases, trapping, and removal of host plants. The citrus greening (Huanglongbing) program, emerald ash borer response, and spotted lanternfly containment are among the most significant current programs.

Compensation (§ 7716) recognizes that owners whose plants or property are destroyed under government authority deserve fair payment. Owners may seek the fair market value of destroyed items — a provision that balances the government's pest management authority with property rights.

How It Affects You

If you're a traveler returning from abroad: APHIS plant protection rules apply at every U.S. port of entry — airports, seaports, and land crossings. The key rule: declare everything, then find out what's allowed. Failure to declare plant material is the violation that triggers fines; honest declaration rarely results in more than confiscation.

What you must declare: All fruits, vegetables, plants, plant parts, seeds, nuts, and plant-based handicrafts. This includes:

• Fresh fruits and vegetables (most are prohibited or restricted; some commercially packaged items from specific countries may be allowed)
• Plants with roots or soil (most prohibited; bare-root plants have a higher chance of approval with phytosanitary documentation from the country of origin)
• Seeds (most prohibited without a USDA import permit; seed packets purchased at a foreign market are rarely compliant)
• Wooden items that could harbor insects — walking sticks, carved wooden items, and decorative pieces with bark attached may be prohibited
• Soil itself is prohibited — clean your shoes, hiking boots, and gear before returning

Fine amounts: Failure to declare results in civil penalties of up to $10,000 for travelers. First-time inadvertent violations often result in confiscation rather than a fine; deliberate smuggling of prohibited items is a federal crime under 7 U.S.C. § 7734 (up to $50,000 civil and 10 years criminal).

Pre-trip planning: Check APHIS's Travelers' Tips at aphis.usda.gov/travel before your trip — rules differ by country and commodity. What's permitted from Canada differs from what's permitted from Mexico, which differs from what's permitted from Southeast Asia. To import plants intentionally as gifts or specimens, apply for an APHIS import permit at aphis.usda.gov/permits well in advance (permit processing takes weeks to months).

If you're a farmer or grower in or near a quarantine area: The three most significant current domestic quarantines affecting farming are:

1. Spotted lanternfly (Eastern U.S.): Quarantine zones cover parts of Pennsylvania, New Jersey, New York, Delaware, Maryland, Virginia, West Virginia, Ohio, Indiana, Connecticut, Massachusetts, Rhode Island, Michigan, North Carolina, and other states. Regulated articles include grapes, apples, hops, stone fruits, hardwoods, and certain other materials. Moving regulated articles out of a quarantine zone without inspection and certification is a federal violation. Check your county's status at aphis.usda.gov/plant_health/plant_pest_info/spotted_lanternfly.

2. Asian citrus psyllid / citrus greening (Huanglongbing): Quarantine zones cover most of Florida and parts of California, Texas, Georgia, Louisiana, and South Carolina. Citrus growers in quarantine areas cannot move citrus trees or budwood out of the quarantine zone without treatment and certification. APHIS cooperative programs provide cost-sharing for disease testing, psyllid control, and in some cases affected-tree removal.

3. Emerald ash borer: Quarantine zones cover most of the Eastern U.S. Regulated articles include ash trees, ash nursery stock, ash logs, ash lumber (with certain exceptions), and ash firewood. Moving regulated ash wood out of a quarantine zone is prohibited.

Compensation for destroyed property: Under 7 U.S.C. § 7716, property owners whose plants or trees are destroyed by government order during APHIS eradication programs may seek fair market value compensation. Document destroyed property with photographs, appraisals, and records of prior condition. Contact APHIS's Plant Protection and Quarantine (PPQ) office in your state to file a claim.

If you're a plant nursery operator or importer: Import permits and phytosanitary certificates are the foundation of legal plant importation. The permit system under 7 CFR Part 330 requires advance authorization for importing regulated plants, plant parts, and plant pests. Applications are at aphis.usda.gov/permits — allow significant lead time.

What phytosanitary certificates cover: Your exporting country's national plant protection organization inspects the material and issues a certificate attesting it meets U.S. requirements. If the shipment is found to contain pests or prohibited material at the U.S. port of entry, APHIS may order treatment (fumigation, heat treatment at the importer's expense), re-exportation, or destruction. Civil penalties for commercial violations reach $500,000 per violation; criminal penalties (up to $50,000 and 10 years) apply for knowing violations. Review APHIS's import requirements database at aphis.usda.gov/import-export before every shipment.

If you're an exporter of U.S. agricultural products: Most foreign markets require a USDA phytosanitary certificate attesting your product is free from pests and meets the importing country's phytosanitary requirements. Certificates are issued by APHIS's PPQ through state and local offices after inspection. See APHIS Plant Export Certification (7 CFR Part 353) for the full export certification program — including the four certificate types (PPQ 577/578/579 and industry-issued), field inspection requirements for seed crops, and lab accreditation procedures.

Lead times: Scheduling inspection and certificate issuance typically takes 1-2 weeks in off-peak periods; longer during harvest and shipping seasons. Contact your nearest APHIS PPQ office (directory at aphis.usda.gov/contact) or your state department of agriculture's export inspection service at least two weeks before your export date. Certificate fees are typically $100-$300 depending on commodity and inspection complexity.

If you're a homeowner in a quarantine zone: Firewood movement is the most commonly encountered restriction for homeowners. Moving firewood out of a spotted lanternfly or emerald ash borer quarantine zone is federally prohibited — this applies whether you're moving it to a campsite, vacation property, or as a gift. The practical rule: buy it where you burn it. Purchase firewood near your destination.

Before landscaping or tree removal projects that generate logs, chips, or stumps of regulated host species (ash trees in EAB zones; grapes, fruit trees in spotted lanternfly zones), check with your state department of agriculture or APHIS for movement requirements. Composting on-site is almost always permitted. Check current quarantine maps at aphis.usda.gov/plant_health — zones expand regularly and county-level maps are updated.

State Variations

The Plant Protection Act preempts state regulation of foreign commerce in plants, but state authority remains significant:

• State departments of agriculture operate their own plant pest inspection and quarantine programs
• State and federal quarantine boundaries may differ — state quarantines may be more restrictive
• State nursery licensing and inspection programs complement federal import controls
• State cooperative agreements with APHIS fund jointly managed pest programs
• State-level noxious weed lists supplement the federal noxious weed list

Implementing Regulations

• 7 CFR Part 301 — Domestic Quarantine Notices: commodity-specific interstate movement restrictions for high-priority domestic pest programs; preempts inconsistent state rules (states may request APHIS add extra restrictions); active subparts cover citrus canker, citrus greening and Asian citrus psyllid, fruit flies, gypsy moth, pink bollworm, imported fire ant, witchweed, golden nematode, pale cyst nematode, karnal bunt, European larch canker, and Phytophthora ramorum (sudden oak death); each subpart defines regulated articles, quarantine areas, permit requirements, and available treatments for interstate movement

• 7 CFR Part 319 — Foreign Quarantine Notices: commodity-specific import restrictions; Subpart D provides the permit system (allocation, issuance, denial, and revocation); substantive subparts restrict or ban imports of sugarcane and products, corn/maize (to prevent Peronospora maydis and other diseases), cotton and covers (25 sections — the largest subpart, reflecting historical concerns about boll weevil and cotton pests), plants for planting (soil and growing medium restrictions; plants must arrive bare-root or in approved packing materials), logs/lumber/wood articles, fruits and vegetables, rice, khapra beetle host materials, and gypsy moth host material from Canada; § 319.1 preempts state/local rules affecting plants in foreign trade

• 7 CFR Part 322 — Bees, Beekeeping Byproducts, and Beekeeping Equipment. APHIS's import and transit rules for honeybees, honeybee germ plasm, and other bees — a specialized quarantine framework targeting the introduction of exotic bee pathogens and parasites. Key provisions:

  • § 322.2 — Hawaii's pest-free status: Hawaii is treated as free of Varroa mite, tracheal mite, small hive beetle, and African honeybee; to protect this status, no honeybees may be moved into Hawaii from any other state, regardless of origin certification; Hawaii represents the most significant domestic restriction — bees from APHIS-approved countries can generally enter the continental U.S., but no U.S. state bees may enter Hawaii
  • § 322.12 — Country risk assessment: before any country can export honeybees or bee germ plasm to the United States, that country's national government must formally request an APHIS risk assessment; APHIS uses the exporter's information, scientific literature, and consultation with other governments to determine whether the country's bee health situation poses an acceptable risk; approved regions are those that have passed this assessment — exporters from non-approved regions are prohibited regardless of individual lot conditions
  • § 322.13 — Restricted organisms: the following items require an import permit and are subject to inspection: honeybee brood in the comb (young bees inside comb — highest pathogen risk), adult honeybees from non-approved countries, and honeybee germ plasm (semen, queen cells, eggs) used in breeding programs; live adult bees from APHIS-approved countries are not "restricted" in the same sense but still require inspection at a staffed port
  • § 322.14–322.15 — Import permits: an import permit from APHIS plus an accurate invoice or packing list must accompany every restricted organism shipment; APHIS reviews permit applications in coordination with federal and state officials and researchers; permits may be denied or revoked if the risk assessment changes or the applicant misrepresented the shipment
  • § 322.16–322.17 — Packaging requirements: restricted organisms must be packed in escape-proof containers strong enough to survive shipment without breaking; outer containers must be labeled "Live Bees," "Bee Germ Plasm," or "Live Bee Brood" as appropriate; mailed shipments must carry APHIS Form 599, provided with the permit; no live bees or germ plasm may be shipped unless the package prevents escape and meets APHIS construction standards
  • § 322.11, 322.20 — Port of entry: both general and restricted bee shipments must enter the United States only at a port where an APHIS inspector is on duty; after APHIS clearance, restricted organisms must move immediately via bonded commercial carrier directly to an APHIS-inspected containment facility or apiary — no intermediate stops; unauthorized stops or handling after port clearance constitute a violation

  The Part 322 framework reflects the catastrophic risk posed by exotic bee parasites and pathogens. Varroa destructor — already endemic in the continental U.S. — has caused dramatic honeybee mortality; the Part 322 rules for Hawaii exist precisely to keep it out of the one U.S. state still free of Varroa. The small hive beetle (Aethina tumida), native to sub-Saharan Africa, has spread into the southeastern U.S. and parts of Europe; the import permit system is intended to prevent exotic variants from reaching areas not yet affected. The threat of African honeybees (Africanized) spreading through imported queens is what motivates the breeding-material restrictions on germ plasm — a single imported queen from an approved line that is actually Africanized could spread defensive behavior throughout apiaries.

• 7 CFR Part 330 — Federal Plant Pest Regulations — General; Plant Pests, Biological Control Organisms, and Associated Articles; Garbage (24 sections — the foundational regulatory framework for preventing the entry and spread of plant pests into and within the United States; implements 7 U.S.C. § 1633 and the Plant Protection Act):

  • § 330.101 — Policy: prohibits the movement of plant pests and materials that may carry them into or through the United States, and between states and U.S. territories; the prevention mandate covers all vehicles, cargo, baggage, soil, stone, garbage, mail, and other articles that could serve as pathways for pest movement
  • § 330.104 — Ports of entry: all plant pests, regulated articles, and materials controlled under Part 330 must enter the United States at ports designated by U.S. Customs or specified by APHIS in administrative instructions; APHIS can restrict entry to particular ports when staffed inspectors are available
  • § 330.105 — Inspection authority: APHIS inspectors may inspect all plants, plant products, soil, stone, garbage, baggage, mail, vehicles, and cargo arriving in the United States or moving between states that the inspector believes might carry plant pests; refusal to allow inspection can result in denial of entry or seizure
  • § 330.106 — Emergency measures: when a plant pest is found or suspected in arriving cargo, vehicles, or other materials, inspectors must immediately implement measures to stop its spread — this can include detention, treatment (fumigation, heat treatment), re-export, or destruction; emergency measures can be applied before any formal administrative process
  • § 330.107 — Cost liability: owners and operators are financially responsible for all costs of inspecting, handling, cleaning, protecting, treating, or disposing of their vehicles, cargo, or plant pests — including costs incurred by APHIS personnel; this cost-shifting mechanism is fundamental to the program's design (inspection costs fall on importers, not taxpayers)
  • § 330.110 — Seals: inspectors can seal containers, compartments, bins, or any other article to prevent plant pests from spreading; sealed items cannot be moved or opened without inspector permission
  • § 330.111 — Advance notification for arriving aircraft and vessels: aircraft and vessels arriving in the United States from abroad, or in the continental U.S. from Hawaii or U.S. territories, must notify APHIS plant protection stations in advance; this pre-arrival notification allows APHIS to position inspectors and prepare for high-risk cargo
  • § 330.200 — Scope and general restrictions: no person may import, move between states, transit through the United States, or release into the environment any plant pest, biological control organism, or related article unless authorized by APHIS; the prohibition applies to movement for any purpose — including research, education, or biosafety testing — unless a permit is obtained
  • § 330.201 — Permit requirements: obtaining an APHIS permit is mandatory before importing plant pests, biological control organisms (insects, fungi, bacteria, viruses used to suppress agricultural pests), or related materials; permits specify conditions including containment requirements, handling procedures, and authorized uses; unauthorized movement without a permit violates the Plant Protection Act
  • § 330.202 — Biological control organisms: all biological control agents intended for release into the environment — including insects, mites, nematodes, pathogens, and other organisms imported to control pests — require APHIS permits and full risk assessment before importation or interstate movement; other federal laws may require additional review (e.g., EPA for microbial pesticides)

  Part 330 is the general framework on top of which the commodity-specific regulations in Parts 301 (domestic quarantine) and 319 (foreign quarantine) operate. While Parts 301 and 319 name specific pests and host commodities, Part 330 provides the inspection authority, cost-shifting, emergency-response powers, and permit system that underlie all APHIS plant protection programs. The biological control organism provisions are increasingly important as APHIS and landowners turn to classical biological control (introducing natural enemies from a pest's country of origin) as an alternative to pesticides — the Part 330 permit process governs the release of every new biocontrol agent into U.S. environments.

• 7 CFR Part 318 — State of Hawaii and Territories Quarantine Notices (24 sections — APHIS regulations restricting the interstate movement of plants, plant products, and other articles from Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands; implements 7 U.S.C. § 7701). Hawaii and the U.S. territories harbor numerous agricultural pests and plant diseases not established in the continental United States; Part 318 is the regulatory bridge preventing those pests from hitchhiking to the mainland in luggage, cargo, mail, or produce:

  • §§ 318.13-1 to 318.13-3 — Quarantine authority and general requirements: the Secretary may ban or restrict the interstate movement of any plant or plant product from Hawaii or territories to prevent the spread of plant pests or noxious weeds; all regulated articles moving interstate must be clean, free of plant debris, and certified by inspection before movement; the compliance framework applies to passengers, cargo shippers, mail senders, and anyone else moving regulated material
  • § 318.13-4 — Fruits and vegetables: fruits and vegetables cannot move from Hawaii or territories to the continental U.S. or other states unless the APHIS Administrator has determined that the risk from quarantine pests can be adequately managed — either because the commodity is from a pest-free area, has been treated, or has met other specific risk-mitigation conditions; APHIS publishes the list of authorized commodities and required treatments in administrative instructions
  • § 318.13-5 — Pest-free area certification: fruits and vegetables may be shipped from areas that are certified free of the specific pests that attack them, allowing commerce to continue without individual inspection of each shipment; pest-free area certification is a systems-based approach — the area's ongoing pest-management practices substitute for shipment-by-shipment treatment
  • § 318.13-8 to 318.13-10 — Passenger and baggage inspection: all people, vehicles (aircraft, ships), baggage, cargo, and other articles moving from Hawaii, Puerto Rico, Guam, CNMI, or USVI are subject to inspection by APHIS inspectors; passengers departing these locations must allow full inspection of their carry-on and checked baggage; inspectors may detain, treat, or seize regulated articles found in baggage
  • § 318.13-11 — USDA baggage declaration: every adult passenger on arriving flights from Hawaii or territories must receive a USDA baggage declaration card before the flight lands in Guam, CNMI, or the continental U.S.; this declaration is the mechanism that notifies passengers of what they may and may not bring — the precursor to customs inspection
  • § 318.13-13 — Frozen fruits and vegetables: frozen fruits and vegetables may be approved for interstate movement from Hawaii and territories if they meet conditions the Administrator specifies — typically that freezing or processing has killed the relevant pest populations; frozen products generally face less scrutiny than fresh because cold temperatures kill most insect life stages
  • § 318.13-14 — Processed products: similarly, processed fruits, vegetables, and related products may be shipped interstate if processing (cooking, canning, drying, etc.) eliminates the pest risk; APHIS specifies minimum processing requirements by commodity and pest combination in administrative guidance
  • § 318.13-15 — Parcel post inspection: APHIS inspectors, working with the U.S. Postal Service, may inspect parcel post packages mailed from Hawaii, Puerto Rico, Guam, CNMI, or USVI to ensure prohibited agricultural material is not being shipped through the mail system; this closes the mail pathway that passengers cannot use to bypass baggage inspection
  • § 318.13-17 — Cut flowers from Hawaii: most cut flowers may be shipped from Hawaii to the mainland with a limited permit, but must go directly from an APHIS-approved facility operating under a compliance agreement; approved facilities implement pest-management practices equivalent to treatment; cut flowers are one of Hawaii's significant agricultural exports and the permit/compliance-agreement framework enables commercial trade while managing the Medfly and other flower-carried pest risks

  Subpart B — Territorial cotton quarantine (§§ 318.47–318.47a): the pink bollworm (Pectinophora gossypiella) and cotton blister mite have established quarantines covering cotton movement from Hawaii, Puerto Rico, and the U.S. Virgin Islands; seed cotton, cottonseed, and seedy waste from these areas may not be moved unless fumigated; lint, linters, and processed cottonseed products may move under permit with specified treatment conditions; this cotton quarantine has been in place since the mid-20th century and reflects the bollworm's devastating potential for mainland cotton production.

  The Part 318 inspection framework creates significant operational implications for travelers and shippers coming from Hawaii and U.S. territories. Unlike customs inspections that focus on foreign imports, Part 318 applies to entirely domestic movement — a Hawaii resident bringing mangoes to relatives in California is subject to the same APHIS inspection authority as a commercial shipper. Travelers who have questions about what they can bring should check APHIS's Travel & Trade page (aphis.usda.gov) or call the APHIS information line before departing; items seized at inspection are not returned. Recent rulemakings: 83 FR 46638 (September 2018) updated regulations on movement of regulated articles from Hawaii and territories; 84 FR 29957 (June 2019) made additional clarifications to the fruit fly quarantine program affecting Hawaii.

• 7 CFR Part 352 — Plant Quarantine Safeguard Regulations: APHIS rules governing how regulated plants, plant products, plant pests, biological control organisms, noxious weeds, and soil may move through the United States in transit to another country — the "safeguard" framework that creates a pathway for otherwise-prohibited shipments under conditions that prevent pest establishment (implements 7 U.S.C. § 7701; 21 U.S.C. § 136):

  • § 352.2 — Purpose and relation to other regulations: Part 352 operates as a conditional pathway — it allows shipments that would otherwise be prohibited under Parts 319, 330, or 360 to enter and transit the U.S. if they meet safeguard conditions (inspection at port of first arrival, confinement during transit, re-export without leaving designated routes); without Part 352, materials in transit would have no legal mechanism to move through the U.S. even if their final destination is another country
  • § 352.10 — Inspection at first port; movement restrictions: prohibited or restricted plants and plant products must be inspected at the first U.S. port of arrival and may not be unloaded, moved, or entered into commerce until an APHIS inspector (or a Customs officer acting for an inspector) authorizes movement; inspectors may order treatment, hold the shipment, require re-export, or authorize destruction for materials that cannot be safely transited
  • § 352.11 — Mail: closed international mail or parcel post containing regulated plant material may transit the U.S. to another country without additional permits, provided it moves under postal safeguards and is not opened or delivered within the U.S.
  • § 352.12 — Baggage: regulated items packed in passenger baggage are subject to the same rules as cargo — a traveler carrying regulated plant material through a U.S. airport must comply with the same safeguard procedures as a commercial shipper
  • § 352.14 — Cost allocation: the owner bears all costs for inspecting, handling, guarding, or disposing of regulated shipments; APHIS provides inspection during normal duty hours at a duty station for free, but overtime, off-site, or weekend inspections are billed to the owner
  • § 352.29 — Avocados from Mexico: a specific administrative instruction (sub-regulation) requires a formal permit for avocados from Mexico moving through the U.S. to another country; authorized ports of entry are limited (Galveston, Houston, Nogales, and several Texas ports); this provision reflects the historical risk that Mexican avocado shipments could introduce seed weevils, mites, or other pests not established on the mainland

  Part 352 is the trade-facilitation side of APHIS's port-of-entry quarantine system. Where Parts 319 and 330 establish what cannot enter the U.S., Part 352 creates a controlled channel for agricultural goods that need to move through the U.S. without being imported — a significant volume of global trade. Without safeguard regulations, the U.S. would need to refuse transit to many agricultural shipments whose destination is Canada, Mexico, or another country, creating major disruptions to trade routes that rely on U.S. ports as transit hubs. The safeguard framework is built on the principle that transit shipments that never leave designated pathways, are properly inspected, and are re-exported intact pose acceptable risk. When that integrity cannot be guaranteed (broken seals, missing documentation, suspect pest presence), APHIS has authority to quarantine and destroy the shipment at owner expense.

• 7 CFR Part 340 — Introduction of Organisms and Products Altered or Produced Through Genetic Engineering: APHIS rules governing the importation, interstate movement, and environmental release of genetically engineered (GE) organisms that may pose plant pest risks — the federal regulatory framework for agricultural biotechnology products before market authorization (implements 7 U.S.C. § 7701, Plant Protection Act):

  • § 340.0 — General prohibition: no person may import, move interstate, or release into the environment any regulated article (a GE organism or product that may be a plant pest or that APHIS has reason to believe may be a plant pest) without either (a) advance APHIS notification under a notification procedure, (b) a permit, or (c) meeting the conditions for a conditional exemption; the three pathways represent a tiered system based on the risk level of the organism
  • § 340.3 — Notification procedure (lower-risk pathway): GE plants that meet specific eligibility conditions may proceed through interstate movement or environmental release under a notification rather than a full permit — the faster pathway for organisms with established safety profiles; eligibility conditions include: the host plant is not a noxious weed, the introduced genetic material is stably integrated, the organism contains no infectious agent, no toxin harmful to non-target organisms is produced, and the GE plant is not a plant pest; notifications are submitted to APHIS before movement or release and must include specific scientific information about the organism
  • § 340.4 — Permit requirement (higher-risk pathway): GE organisms that do not qualify for notification — or where APHIS determines a permit is necessary — require a permit before importation, interstate movement, or environmental release; permit applications are submitted in duplicate to APHIS Biotechnology Regulatory Services; APHIS reviews and may impose conditions (containment requirements, monitoring, record-keeping) as conditions of permit approval
  • § 340.5 — Petitions to add or remove organisms from regulated status: any person may petition APHIS to add a new organism to the list of regulated articles (if they believe it poses plant pest risk) or to remove an organism (if risk has been reassessed and found acceptable); petitions must include scientific data supporting the request
  • § 340.6 — Petitions for nonregulated status: the key pathway by which approved GE crop varieties exit APHIS oversight entirely; a developer may petition APHIS to determine that a specific GE plant or product is not a regulated article — effectively confirming that it does not present plant pest risk greater than its conventional counterpart; if APHIS grants nonregulated status, the organism no longer requires notification, permits, or any APHIS authorization for movement or release; this is the primary regulatory endpoint for most commercial GE crop products (corn, soybeans, cotton, canola) currently grown in the United States

  Part 340 operates at the intersection of agricultural innovation and biosafety regulation. The nonregulated status pathway (§ 340.6) has been used for over 100 GE plant products — including the major commodity crops — allowing commercial cultivation once APHIS determines the plant poses no greater risk than conventional varieties. The permit and notification pathways remain active for field trials, research releases, and GE organisms with novel traits that require ongoing assessment. APHIS coordinates with FDA (food safety review of GE foods) and EPA (GE plants with pesticidal properties) under a coordinated federal framework for biotechnology oversight; Part 340 covers only the plant pest risk dimension of that review.

  Recent rulemakings: 85 FR 29083 (May 2020) substantially revised Part 340 to modernize the regulatory framework for GE organisms — expanding the notification pathway, creating the conditional exemption category for low-risk organisms, and updating the petition processes; this revision reflected advances in molecular biology and decades of experience with GE crop safety that supported a more risk-proportionate approach.

• 7 CFR Part 305 — Phytosanitary Treatments: the APHIS regulation governing how regulated articles (plants, plant products, and other items that may carry plant pests) must be treated as a condition of import, interstate movement, or export — the "how to treat" counterpart to the "what is regulated" rules in Parts 301, 318, and 319:

  • § 305.2 — Required treatments: articles must be treated when the applicable commodity regulation (Parts 301, 318, 319) requires it, when a permit condition specifies treatment, or when an APHIS inspector orders treatment after finding evidence of a regulated pest; the treatment itself must be an "approved treatment" drawn from the APHIS-maintained PPQ Treatment Manual — a continuously updated reference listing specific temperature, fumigation, and irradiation schedules for each pest/host combination
  • § 305.3 — Adding, revising, or removing schedules: APHIS may update the PPQ Treatment Manual's schedules through Federal Register notice (generally without a full rulemaking notice-and-comment cycle) when scientific evidence supports a change; this Federal Register notice process is faster than traditional rulemaking, allowing APHIS to rapidly approve new treatments or adjust dosages when efficacy data change; the Manual itself is incorporated by reference into Part 305, making it legally binding when treatment is required
  • § 305.4 — Monitoring and certification: APHIS inspectors must monitor every approved treatment to verify it was performed correctly; for treatments conducted outside the U.S., an APHIS inspector or APHIS-authorized foreign official must observe the treatment and issue a certification; a phytosanitary certificate accompanying a treated shipment typically references the specific treatment schedule used; the monitoring and certification requirement closes the gap between requiring treatment and verifying it occurred

  Common approved treatments in the PPQ Manual include: methyl bromide fumigation (used for wood packing material under the ISPM 15 international standard — the most widely used phytosanitary treatment globally; being phased out for ozone depletion, with alternatives being qualified); heat treatment (forced hot air, vapor heat, microwave) for citrus and subtropical fruits; cold treatment (refrigeration at specified temperatures for specified durations) for Mediterranean and other fruit fly-susceptible commodities; and irradiation (approved for a growing list of commodities, administered at approved irradiation facilities). The PPQ Treatment Manual is available at aphis.usda.gov/treatments; compliance with it is a legal requirement when treatment is required by Parts 301, 318, or 319.

Pending Legislation

No standalone Plant Protection Act reform bills have been introduced in the 119th Congress. Related provisions appear in broader agricultural legislation — see National Invasive Species. See also Federal Noxious Weed Act for the weed-specific framework and National Invasive Species for the broader federal strategy.

Recent Developments

The spotted lanternfly (Lycorma delicatula), first detected in Pennsylvania in 2014, has spread to multiple Eastern states despite quarantine efforts, threatening grape, fruit, and hardwood industries. APHIS has expanded quarantine zones and cooperative control programs. Citrus greening disease continues to devastate Florida's citrus industry, with APHIS investing in research on resistant varieties and vector control. The intersection of plant protection with international trade agreements — particularly phytosanitary standards under the WTO's SPS Agreement — shapes import rules and market access negotiations. Climate change is expanding the geographic range of plant pests, requiring APHIS to adapt surveillance and quarantine strategies for pests previously limited to tropical or subtropical regions.