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Agriculture DepartmentAnimal and Plant Health Inspection Service
  • By Learn Laws®
  • Published 05/13/2026
  • Updated 05/13/2026

APHIS Seeks Public Comment on Extension of Federally Recognized State Managed Phytosanitary Program Information Collection


The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) recently announced its intent to extend an existing information collection crucial to its Federally Recognized State Managed Phytosanitary Program (FRSMP). Published in the Federal Register on May 13, 2026, this notice initiates a public comment period, concluding July 13, 2026, for stakeholders to provide feedback on the data collection practices underlying a key federal initiative designed to integrate state-level plant pest management efforts into the national framework for agricultural protection and international trade facilitation. This extension, pursued under the Paperwork Reduction Act of 1995, highlights the ongoing federal commitment to coordinating with states on critical biosecurity measures.

Background of the FRSMP Program

The FRSMP Program, previously known as the Official Control Program, is an administrative mechanism established by APHIS to officially recognize state-managed programs aimed at the containment, eradication, or exclusion of plant pests. This recognition is not merely symbolic. It provides a formal federal endorsement that justifies actions by federal inspectors at ports of entry, enabling them to effectively prevent the entry of pests that states are actively managing. The legal foundation for this effort stems from the Plant Protection Act, which grants the Secretary of Agriculture broad authority to restrict the movement of plant pests and products to protect U.S. agriculture. APHIS, through its Plant Protection and Quarantine program, implements this authority, aligning its efforts with international standards set by the International Plant Protection Convention (IPPC), to which the U.S. is a contracting party. The IPPC defines 'official control' as the active enforcement of mandatory phytosanitary regulations and procedures for managing quarantine or regulated non-quarantine pests. Recognizing that states often implement their own robust phytosanitary measures for pests not always targeted by specific APHIS programs, the FRSMP bridges potential gaps, creating a more comprehensive safeguarding system.

Mechanism of Federal Recognition and Information Collection

To achieve federal recognition under the FRSMP, states engage in a structured information collection process. This process requires the submission of several key documents. These include a 'petition for protocol' for quarantine pests of concern, which outlines the state's plan for managing specific high-risk pests. Similarly, a 'petition for regulated non-quarantine pests' is required for pests that, while not subject to federal quarantine, are of significant concern within a state. Furthermore, states must enter into cooperative agreements with APHIS, formalizing the collaborative framework. Annual accomplishment reports are also mandatory, providing APHIS with data to audit and assess the ongoing effectiveness of the state's recognized programs. This detailed information allows APHIS to evaluate whether a state's efforts meet the rigorous standards for federal recognition, ensuring that the federal endorsement is based on verifiable and effective pest management practices. The collected information directly informs APHIS's decision-making process, particularly concerning import and export regulations and the actions of federal inspectors.

Rationale for the Extension and Public Engagement

APHIS is now seeking to extend the approval for these information collection activities for an additional three years. This request falls under the purview of the Paperwork Reduction Act of 1995, which mandates federal agencies to seek public comment on information collections to ensure they are necessary, efficient, and not unduly burdensome. The agency specifically invites comments to help it evaluate four key areas. First, whether the collection is necessary for APHIS's proper functions and has practical utility. Second, to assess the accuracy of APHIS's estimated burden on respondents. Third, to identify ways to enhance the quality, utility, and clarity of the information gathered. And fourth, to explore methods for minimizing the burden on respondents, potentially through automated or electronic submission technologies. The current estimate places the public burden at an average of 34.7 hours per response, with one estimated respondent state generating seven annual responses, totaling 243 annual burden hours. This comment period offers a critical opportunity for state plant health regulatory officials and other interested parties to provide direct input, influencing how these vital biosecurity programs are managed.

Implications for Agricultural Safeguarding and Trade

The successful implementation and continued federal recognition of state phytosanitary programs through the FRSMP have significant implications. For agricultural safeguarding, it creates a more unified and robust defense against invasive plant pests, leveraging state-level expertise and resources that might otherwise operate in isolation from federal efforts. This collaborative approach is essential given the diverse agricultural landscapes and pest challenges across the United States. From a trade perspective, federal recognition streamlines processes. It provides international trading partners and federal inspectors with assurance that a state's pest management efforts meet recognized standards, thereby facilitating smoother interstate and international movement of agricultural products. Without such a framework, individual state efforts might lack the necessary federal backing to influence broader trade policies or port-of-entry inspections, potentially creating barriers to trade or vulnerabilities in the national biosecurity system.

Forward Trajectories for FRSMP

This request for an extension underscores the ongoing importance APHIS places on integrating state and federal efforts in plant pest management. The public comment period provides a vital opportunity for stakeholders, particularly state agricultural agencies, to shape the future efficiency and effectiveness of a program central to protecting U.S. agriculture and facilitating trade. The careful balance between ensuring robust biosecurity and minimizing administrative burdens remains a central challenge, and the feedback received will help guide APHIS's path forward in a landscape of evolving pest threats and trade demands. The continuation of a well-managed FRSMP program is poised to reinforce the nation's capacity to detect, prevent, and respond to plant pest introductions.

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