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USDA
  • ByLearn Laws®
  • Published08/28/2026
  • Updated08/28/2026

USDA Seeks Public Input on Crucial Plant Movement Regulations from Hawaii and U.S. Territories


The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) recently announced a pivotal opportunity for public engagement regarding federal biosecurity measures. Published in the Federal Register on August 28, 2026, APHIS is requesting public comments on its information collection requirements concerning the movement of plants and plant products from Hawaii and the U.S. territories. This initiative is a critical step in maintaining the integrity of the nation's agricultural landscape by preventing the introduction and dissemination of dangerous pests and diseases.

Legal Framework and Agency Mandate

At the core of this regulatory action is the Plant Protection Act (7 U.S.C 7701). This federal statute grants the Secretary of Agriculture broad authority to prohibit or restrict the importation, entry, or movement of various agricultural commodities, including fruits, vegetables, plants, and plant pests. The overarching goal is clear: to shield the United States from agricultural threats. APHIS, specifically its Plant Protection and Quarantine (PPQ) unit, is the primary agency tasked with implementing and enforcing this Act. It does so through a comprehensive set of Hawaiian and territorial quarantine regulations codified in Part 318 of Title 7, Code of Federal Regulations.

The current notice falls under the purview of the Paperwork Reduction Act of 1995, Public Law 104-13. This Act mandates that federal agencies seek public review and clearance from the Office of Management and Budget (OMB) for information collection requirements. This process ensures that federal agencies justify their data collection needs and minimize the burden on the public.

The Scope of Information Collection

The information collection under review is extensive, reflecting the multifaceted nature of plant pest and disease prevention. APHIS utilizes a range of forms and activities to gather necessary data. These include specific forms such as PPQ 530, PPQ 586, PPQ 519, and PPQ 540. Beyond standardized forms, the collection encompasses practical measures vital for biosecurity.

Key activities include the labeling of boxes for pest-free areas, thorough inspection and certification processes, and rigorous trapping and surveillance efforts. Contingency plans approved by APHIS are also part of this framework, as are updated mapping initiatives that identify areas where horticultural or other crops are grown. Furthermore, the process involves written requests for treatment facility approval and recertification, meticulous recordkeeping, procedures for decertification and reinstatement of pest-free areas, and notification for emergency conveyances. Aircraft and ship inspections at points of departure, production site registration, packing house registration, and specific labeling and marking requirements complete this comprehensive system.

APHIS emphasizes that without these information collection activities, or if they were conducted less frequently, the risk of dangerous plant diseases and pests spreading would significantly increase. Such an outbreak could lead to millions of dollars in damages to U.S. agriculture, impacting farmers, consumers, and the broader economy.

Who Responds and the Burden Involved

The entities primarily affected by these information collection requirements are businesses and other for-profit organizations, as well as State, Local, or Tribal Governments. APHIS estimates that approximately 72 respondents are involved in these activities. The frequency of responses varies, including ongoing recordkeeping and reporting on an 'on occasion' basis. The total estimated burden hours for these requirements are 962 hours, reflecting the commitment necessary from stakeholders to comply with these vital regulations.

Opportunity for Public Comment

This notice serves as an official invitation for public comments. Interested parties are encouraged to provide feedback on several crucial aspects of the information collection. APHIS is specifically seeking input on whether the collection is genuinely necessary for the proper performance of agency functions, including its practical utility. Comments are also requested on the accuracy of APHIS's burden estimate, particularly the validity of its methodology and assumptions. Furthermore, the agency welcomes suggestions on how to enhance the quality, utility, and clarity of the information collected, as well as strategies to minimize the burden on respondents, including through the use of automated, electronic, or other technological collection techniques.

Comments must be submitted by September 28, 2026. Submissions can be made online via www.reginfo.gov/public/do/PRAMain, by selecting 'Currently under 30-day Review--Open for Public Comments' or by using the search function. Public participation in this process is vital to ensuring that federal regulations are both effective in their mission and efficient in their implementation, striking a balance between regulatory necessity and stakeholder burden.

Broader Implications

The regulations governing the movement of plants from Hawaii and the U.S. territories are a cornerstone of agricultural biosecurity. These areas, with their unique climates and ecosystems, often host pests and diseases not endemic to the continental United States. Effective quarantine and inspection protocols are essential to prevent these threats from establishing a foothold on the mainland, which could devastate crops, forests, and native plant species. The ongoing dialogue facilitated by this comment period ensures that APHIS's methods remain adaptive and robust in the face of evolving environmental challenges and agricultural practices. It underscores the continuous effort required to protect one of the nation's most vital economic sectors.

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