Lesson 4: How the Process Works
Topic 9: Implement Requirements
In this topic, you will learn about the final step of the U.S. market access process: Implementing the requirements described in the risk analysis.
Objective:
- Identify and explain the purpose of two additional steps that may need to be taken to implement requirements for the importation of plant and animal products even after the requirements have been established through the market access process
The final rule or notice marks the end of the regulatory process for market access. However, there may still be more steps that need to be completed before an exporting country can gain access to the U.S. market. Some common additional steps are described below.
When a systems approach is used to authorize the importation of fruits or vegetables, APHIS will typically require that the NPPO of the exporting country cooperate in the development of a bilateral workplan. A bilateral work plan is an agreement between APHIS and officials of the NPPO of the exporting country that details the phytosanitary measures that will comply with the regulations governing the import of a specific commodity. The work plan is also sometimes referred to as an operational work plan. Often, APHIS and the NPPO of the exporting country will work to develop the bilateral work plan during the regulatory process, with any necessary changes made after the regulatory requirements are finalized. However, if the bilateral work plan is not ready by the effective date, trade cannot begin.
APHIS also makes use of preclearance programs to facilitate trade. These allow commodities to be treated and/or inspected overseas and to be granted clearance into the United States, meaning that they do not have to be inspected at the port of entry to the United States. This can reduce costs and commodity loss by reducing the time the commodities are at U.S. ports of entry and can help to mitigate the risk posed by high-risk pests. All preclearance programs are voluntary, but requirements related to them are often a part of APHIS import programs.
Separate from preclearance programs, systems approaches sometimes also involve APHIS supervision in the exporting country. In such cases, or when a preclearance program is in place, APHIS and the NPPO of the exporting country must set up a trust fund agreement to reimburse APHIS for the expenses incurred due to APHIS’ efforts. Requirements for the trust fund can be found in 7 CFR 319.56-6. The important thing to remember is: if a preclearance program or systems approach requires APHIS involvement in the exporting country and there is no mechanism to reimburse APHIS for those services, APHIS will not provide those services, meaning that the country cannot export the product.
Other requirements might themselves need additional steps to be completed to allow the importation of a commodity. For example, if APHIS requires a fruit or vegetable to be treated before it is imported, the exporting country usually must have a treatment facility certified under APHIS’ phytosanitary treatment regulations, or it must make arrangements for the fruit or vegetable to be treated in the United States.
Finally, as discussed earlier in this module, other agencies might have regulatory requirements that need to be satisfied for a commodity to be exported to the United States, in addition to APHIS’ requirements. The USDA Food Safety and Inspection Service has its own requirements for the importation of meat for consumption, for example, which might require facility certification.
In this topic, you learned about the final step of the U.S. market access process: Implementing the requirements described in the risk analysis. Actual access to the U.S. market cannot begin until all the requirements have been implemented.
To continue, select the Lesson Assessment from the Topics menu above or click here.