The U.S. Department of Agriculture's Animal and Plant Health Inspection Service, or APHIS, has unveiled a proposed rule that would fundamentally alter the process for importing unroasted coffee, coffee leaves, and empty sacks previously used for coffee into Hawaii and Puerto Rico. Published on August 5, 2026, this proposal seeks to replace the current, more protracted rulemaking procedure with a streamlined, notice-based system. The objective is to enable the Agency to respond more efficiently to both market access requests and the emergence of new or evolving plant pest situations, ultimately enhancing the protection of plant health in these critical agricultural regions.
Current Regulatory Framework and the Need for Change
Under the existing regulations in 7 CFR Part 319, Subpart O, the importation of unroasted coffee and related articles into Hawaii and Puerto Rico has been broadly prohibited. This prohibition was originally established to prevent the introduction and spread of specific plant pests, namely the coffee berry borer, Hypothenemus hampei, and coffee leaf rust, Hemileia vasatrix. However, a significant shift in the pest landscape has occurred since these rules were first implemented: both the coffee berry borer and coffee leaf rust are now established in Puerto Rico and Hawaii. This change in pest status necessitates a reevaluation of the regulations to ensure they remain effective and relevant.
APHIS's authority to regulate such imports stems from the Plant Protection Act, which empowers the Secretary of Agriculture to take necessary actions against the introduction and spread of plant pests and noxious weeds within the United States. The proposed amendments aim to align the regulatory approach with the current realities of pest distribution and the need for adaptive biosecurity measures.
Broadening the Scope of Pest Protection
A central component of the proposed rule is the removal of the specific references to Hypothenemus hampei and Hemileia vasatrix from the regulations. Instead, the prohibition would be generalized to prevent the introduction of "quarantine pests." To clarify this broader term, APHIS proposes to add a definition of "quarantine pest" to Section 319.73-1. This definition would characterize a quarantine pest as one of potential economic importance to an endangered area, not yet present or not widely distributed there, and actively being officially controlled. This definitional change provides APHIS with a more comprehensive analytical framework for assessing plant pest risk, moving beyond a narrow focus on previously identified threats to address a wider array of potential dangers to United States agriculture.
A Streamlined Notice-Based Process
The most significant procedural change proposed is the adoption of a notice-based process for modifying import conditions. Currently, any alteration to the prohibition on unroasted coffee imports requires full rulemaking, a process APHIS describes as less timely for responding to dynamic pest risks and market demands. The Agency points to its successful experience using notice-based processes for other commodities, such as plants for planting (7 CFR 319.37) and fruits and vegetables (7 CFR 319.56), as justification for this shift.
The proposed notice-based system would operate as follows: APHIS would first conduct a pest risk analysis and determine if articles from a specific foreign region pose an unacceptable risk or if risks can be reasonably mitigated. This analysis and determination would then be made available for public comment for at least 60 days through a Federal Register notice. Following the comment period, APHIS would publish a subsequent Federal Register notice announcing its final decision. This decision would either authorize importation under the initially proposed requirements, authorize it under revised requirements reflecting public comments, or uphold the general prohibition if comments indicate unmitigable risks.
Accessing Import Requirements and Modifying Existing Conditions
Under the new framework, the USDA Agricultural Commodity Import Requirements, or ACIR, database would become the authoritative source for information on authorized articles and their specific import requirements. This online database aims to provide a centralized and easily accessible platform for stakeholders to obtain up-to-date information. Hard copies would also be available upon request.
The proposed rule also outlines processes for APHIS to modify existing import requirements. If the Agency determines that current requirements are no longer sufficient to mitigate pest risk, it would publish a Federal Register notice advising the public of its finding, specify amended requirements, an effective date, and invite public comment. Conversely, if requirements are deemed no longer necessary, APHIS would make new pest risk documentation available for public comment before relaxing or removing conditions. This dual approach ensures both flexibility and accountability in managing evolving biosecurity needs.
Facilitating Stakeholder Engagement and Other Amendments
To further clarify the process for external parties, the proposed rule includes a direct reference to Section 319.5, which outlines procedures for individuals wishing to request changes to import conditions for plants, plant parts, or plant products. This explicit reference aims to provide clear guidance for stakeholders seeking to initiate modifications to the regulations concerning coffee imports into Hawaii and Puerto Rico.
Additionally, APHIS proposes two minor definitional changes. The term "APHIS" would be formally defined in Section 319.73-1, and the definition of "United States" would be revised to harmonize it with definitions used in other subparts of Part 319, providing greater clarity and consistency across federal regulations.
Regulatory Impact Analysis
From a regulatory perspective, APHIS has determined that this proposed rule is not significant under Executive Order 12866 and is not subject to Executive Order 14192. An initial regulatory flexibility analysis, conducted in accordance with 5 U.S.C. 603, suggests that the adoption of this proposed rule would not result in any significant economic effect on a substantial number of small entities. This finding indicates that the procedural and definitional changes are anticipated to have a primarily administrative impact, rather than imposing new burdens or costs on businesses.
