The US has extensive requirements for the importation of animals and animal products and plants and plant products. Additional restrictions or complete prohibitions may be imposed on countries where certain plant and animal diseases are deemed to exist. These diseases include, but are not limited to, high pathogenicity avian influenza subtype H5N1, exotic Newcastle disease (END), rinderpest, foot-and-mouth disease (FMD), swine vehicular disease (SVD), bovine spongiform encephalopathy (BSE), exotic Alternaria, a broad range of plant pests, etc.

In addition to any restrictions and prohibitions enforced by the USDA and other government agencies, the FDA oversees and enforces the Bioterrorism Act. Among other things, this law requires domestic and foreign facilities to register with the FDA if they manufacture, process, pack or hold food for human or animal consumption in the US. Imports from non-FDA-registered facilities are prohibited.

a) Plants and Plant Products

The importation of plants and plant products is subject to USDA regulations and may be restricted or prohibited. Plants and plant products include fruits, vegetables, plants, nursery stock, bulbs, roots, seeds, certain fibres including cotton and broomcorn, cut flowers, sugarcane, certain cereals, elm logs and elm lumber with bark attached.

APHIS regulates the importation of plants and plant products through phytosanitary (plant health) certificates, permits, importation rules, import prohibitions and inspections. A phytosanitary certificate is an official document issued by an exporting country certifying that the shipment conforms to US phytosanitary import requirements and is free of pests and diseases that do not exist in the US. Anyone wishing to import certain plants and plant products into the US is required to have a phytosanitary certificate. Also, certain endangered species of plants may be prohibited or require permits or certificates for entry.

Import permits are required for certain plants and plant products, including fruits and vegetables. APHIS takes about four to 14 business days to issue a permit. It is not necessary to apply for a permit for each importation, provided that the original permit (a) specifies all import requirements for all the commodities that will be imported and (b) has not expired.

To monitor plants, cuttings and seeds entering the country, APHIS has established 15 plant inspection stations at ports of entry throughout the country. At these stations, inspectors work with specialists to locate, examine, and identify exotic pests, diseases and noxious weeds.

Certain agricultural commodities (including fresh tomatoes, avocados, mangoes, limes, oranges, grapefruit, green peppers, Irish potatoes, cucumbers, eggplants, dry onions, walnuts and filberts, processed dates, prunes, raisins, and olives in tins) must meet US import requirements relating to grade, size, quality and maturity. These commodities are inspected and an inspection certificate must be issued by the FSIS to indicate import compliance.

The FDA also regulates plants and plant products, particularly fruits and vegetables.

In December 2003, APHIS indefinitely suspended importations of Ya pears from mainland China due to the presence of a fungal disease. Additional information on this prohibition can be found at www.aphis.usda.gov/Ipa/news/2003/12/yapears_ppq.html.

b) Seeds

Seeds must be free from pulp and require a phytosanitary certificate from the country of origin. Importations may or may not require a written permit and treatment, depending on the seed in question. Shipments are detained pending the drawing and testing of samples.

The importation of coated or pelleted seeds is prohibited because they cannot be inspected. Other seeds whose importation is prohibited include bamboo seeds (prohibited from all sources), peanut seeds (prohibited from China and various other countries), potato true seeds (prohibited from most countries), rice seeds (prohibited from most countries), barberry seeds (prohibited from all sources), coconut seeds (prohibited from most sources), etc.

c) Livestock and Animals

A permit for importation must be obtained from APHIS before the following items can be shipped from the country of origin: (1) all cloven-hoofed animals, such as antelope, camels, cattle, deer, sheep, and giraffes; (2) swine, including the various varieties of wild hogs, and the meat from such animals; (3) horses, mules and zebras; (4) all avian species including poultry and pet birds; (5) animal by-products, such as bones, blood meal, glands, hair, untanned hides, wool or secretions of ruminants and swine; (6) animal germ-plasma, including embryos and semen; and (7) hay and straw. In addition, all animal imports must be accompanied by a veterinary health certificate. Entry of animals is restricted to certain ports that have been designated as quarantine stations. All non-domesticated animals must meet the requirements of the Fish and Wildlife Service (FWS).

d) Meat, Poultry and Egg Products

The FSIS is responsible for ensuring that domestic and imported meat, poultry, and egg products are safe, wholesome and accurately labelled. Foreign countries that export meat, poultry and egg products to the US are required to establish and maintain inspection systems that are equivalent to those of the US. The FSIS audits foreign inspection systems and re-inspects meat and poultry at the port of entry to ensure that foreign countries have maintained equivalent inspection systems.

If the FSIS deems the foreign country's inspection system to be equivalent to the US system, a proposed rule is published in the Federal Register announcing this determination and the FSIS' intent to list the country as eligible to export meat, poultry or egg products to the US. After consideration of public comments, a final decision is made on country eligibility and, if favourable, a final rule is issued. That foreign country's inspection system is then responsible for certifying individual exporting establishments to the FSIS and for providing annual re-certification documentation. The FSIS regularly conducts on-site audits of the eligible foreign inspection systems to ensure that they remain equivalent to the US system.

Foreign inspection certificates are required to accompany all imported meat, poultry and egg products. These certificates must indicate the product name, establishment number, country of origin, name and address of the manufacturer or distributor, quantity and weight of contents, list of ingredients, species of animal the product was derived from and identification marks. The certificate must also bear the official seal of the foreign government agency responsible for the inspection along with the signature of an agency official. This certificate must be in both English and the language of the foreign country.

Occasionally, some circumstances could result in the suspension of eligibility and an interruption of trade. One example is if an emergency sanitary measure is implemented by the FSIS to address a hazard that is so severe that no product can enter the marketplace from a foreign establishment until the control is in place. A second example could be if an exporting country does not provide satisfactory documentation of an equivalent sanitary measure. A third example could be if a system audit reveals that an exporting country is not implementing a public health sanitary measure in the manner that the FSIS initially determined to be equivalent.

Permanent withdrawal of eligibility, like initial approval of eligibility, can only be accomplished by rulemaking. The FSIS may, however, take action to ensure that products from a particular country are not admitted into the US if they are adulterated or misbranded based on specific findings during on-site audits, because of port of entry re-inspection failures, or other means.

Hong Kong has been deemed eligible to export poultry products to the US, although no individual plants have been certified by the FSIS. The FSIS conducted a review of mainland China's poultry processing inspection system in December 2004 and determined that it meets US standards. Accordingly, the FSIS issued a proposal on 23 November 2005 to allow processed poultry products from China to be imported into the US, but only if such products are processed in certified establishments from poultry slaughtered in certified slaughter establishments in other countries eligible to export poultry to the US. China would not be eligible to export poultry products that were slaughtered in domestic establishments. The proposal was still under consideration as of 1 March 2006.

The US established a temporary prohibition on 4 February 2004 on the importation of unprocessed bird and poultry carcasses, parts and products (i.e., chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys) from countries where the H5N1 strain of high pathogenicity avian influenza has been found to exist.
Shipments approved for scientific, educational or research purposes are exempted from this prohibition. Hong Kong was removed from the list on 10 March 2004. As of 1 March 2006, the list consisted of Albania, Azerbaijan, Cambodia, Cameroon, mainland China, Egypt, France, Hong Kong, India, Indonesia, Japan, Kazakhstan, Laos, Malaysia, Myanmar, Nigeria, Romania, Russia, South Korea, Thailand, Turkey, Ukraine, and Vietnam.

The US has determined that Hong Kong and mainland China are not free of rinderpest or FMD. As a result, there is a prohibition, with certain exceptions, on importations of ruminants, swine and any fresh (chilled or frozen) meat of any ruminants or swine from Hong Kong and mainland China. Restrictions are also placed on imports of swine, port and pork products from Hong Kong and mainland China because US authorities believe that classical swine fever and vesicular swine disease is present in those locations.

The US has also found that END is deemed to exist in Hong Kong and mainland China. Therefore, any imports of carcasses, parts or products of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds must adhere to strict regulations. While the END restrictions apply to mainland China, they are superseded by the temporary avian influenza-related embargo.

e) Cheese, Milk and Dairy Products

Cheese and cheese products are subject to USDA and FDA requirements. Most importations of cheese require an import licence and are subject to quotas administered by the USDA. The importation of milk and cream is subject to the requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Import Milk Act. These products may be imported only by holders of permits issued by the Department of Health and Human Services and the USDA.

The US imposes additional restrictions on imports of milk and certain milk products of ruminants and swine from countries where rinderpest or FMD has been deemed to exist, including Hong Kong and mainland China.

f) Insects

With the exception of importations made for scientific purposes, USDA regulations prohibit the importation of live insects that may pose a danger to agricultural crops (e.g., vegetables, fruits, trees and field crops), as well as any eggs, pupae or larvae of such insects. Packages containing live insects (or their eggs, pupae or larvae) that are not pernicious to crops or trees are permitted entry into the US only if they are covered by a permit issued by APHIS and no prohibited by the FWS.

B. Restrictions on Wildlife and Pets

The importation of live wildlife (i.e., game animals, birds, plants) and of birds' eggs is subject to certain prohibitions, restrictions, permits, and quarantine requirements imposed by several government agencies. Imports of wildlife and their parts or products must be declared at designated FWS ports unless an exception is granted prior to the time of import. Commercial importers of wildlife must obtain an FWS licence, with certain exceptions. Certain mammals, birds, reptiles, amphibians, fish, snails, clams, insects, crustaceans, molluscs, other invertebrates and plants may be prohibited entry without the prior issuance of a permit either from the foreign wildlife authority or from the FWS.

The importation into the US of any wildlife or its parts or products is prohibited if the wildlife was captured, taken, shipped or possessed contrary to the laws of the foreign country. Endangered species of wildlife and certain species of animals and birds are generally prohibited entry into the US and may be imported only under a permit granted by the FWS.

Imports of birds (pets, migratory birds, falcons) are subject to the quarantine requirements of the USDA and the Centers for Disease Control (CDC)'s Public Health Service. Quarantine space must be reserved in advance of import. Prior to export, health certificates must be obtained. As mentioned above, the US has established a temporary prohibition on the importation of unprocessed bird and poultry carcasses, parts, and products (i.e., chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans and turkeys) from countries where the H5N1 strain of high pathogenicity avian influenza has been found to exist, including mainland China.

The importation of feathers or skins of any bird, except for scientific and educational purposes, is generally prohibited. This prohibition does not apply to fully manufactured artificial flies used for fishing or to personally taken, non-commercial game birds. Feathers or skins of the following species are permitted entry: chickens, turkeys, guinea fowl, geese, ducks, pigeons, ostriches, rheas, English ring-necked pheasants, and pea fowl not taken from the wild.

The importation of birds, cats, dogs, monkeys and turtles is subject to the requirements of the CDC's Public Health Service, Quarantine Division; APHIS' Veterinary Services; and the FWS. The importation of live turtles, tortoises and terrapins with a carapace length of less than four inches, and the viable eggs of turtles, tortoises and terrapins, is allowed by the CDC's Public Health Service only under strict requirements as to purpose and quantity. The Public Health Service does not allow the importation of live, non-human primates, including monkeys, as pets.

The importation of marine mammals and their products into the US is prohibited, unless specifically exempted under an international treaty.

The FWS enforces a ban on the importation of most African elephant ivory and any products made from it. The ban covers all commercial and non-commercial shipments, although there are limited exceptions fro antiques, trophies and personal household effects.