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Newsletter

Adoption of International Standard for
Certain Wood Packaging Material (WPM)

May 14 , 2002

The International Plant Protection Convention's (IPPC's) 50th Anniversary Symposium was held in March 2002. [1]   As expected, the member nations adopted a standard entitled International Standards for Phytosanitary Measures: Guidelines for Regulating Wood Packaging Material in International Trade.

The Animal and Plant Health Inspection Service (APHIS) has also posted a notice explaining briefly the purpose of the International Standards and their approved treatments, and providing USDA contact information, etc. and frequently asked questions (FAQ).

This draft standard establishes the following:

    1. Globally accepted phytosanitary measures intended to reduce the risk of introduction and the spread of pests associated with coniferous or non-coniferous Wood Packing Material (WPM); 
    2. A standard for a globally recognized mark on WPM to verify that phytosanitary measures are applied;
    3. Verification that the requirements in this standard have been met by both the countries of export and import.

If this draft standard is adopted, the 117 IPPC countries are expected, but not required, to implement it.  The U.S. is likely to issue an implementing interim rule within a year if the draft standard is adopted. 

  1. General Measures for Treatment of WPM

The International Standards cover phytosanitary rules for wood packaging material (including dunnage) made of coniferous and nonconiferous raw wood (soft wood and hard wood, respectively) but not processed wood packaging material. The draft standard would require measures for treating subject wood packaging material as the basis for authorizing the entry of WPM.

The draft standard would recommend that the choice of counter measures used should be based on the following criteria:

    • The range of pests that may be affected,
    • The efficacy of the counter measure,
    • A change in character of the WPM that has an effect in reducing risk, and
    • The measure's technical and/or commercial feasibility.

  1. Specific Approved Treatments for Wood Packaging Material

Annex I to the draft standard would list approved treatments for WPM and would initially list only:

    • Heat treatment;
    • Kiln drying;
    • Chemical pressure impregnation; and
    • Methyl bromide fumigation

The standard encourages IPPC member countries to accept WPM that has been subject to such approved treatments without mandating further requirements.

The text eliminated a draft standard that would have required all WPM to be made from debarked wood.  However, the standard now includes a statement elsewhere in the standard allowing individual countries to require such wood packaging material to be made from debarked wood subject to technical justification.

National plant protection organizations could accept measures other than those listed in Annex I.  Such measures would be made by arrangement with their trading partners, and should be technically justified with respect to the principles of transparency, non-discrimination, and equivalence.

  1. Export Safety Measures.

The exporting country would implement systems for ensuring that exported WPM meets the standard.  Such systems would include:

    • Monitoring certification and marking systems that verify compliance;
    • Establishing inspection procedures; and
    • Registration or accreditation and auditing of commercial companies that apply the treatments.

  1. Import Safety Measures

WPM could be refused entry, disposed of, or required to undergo treatment where:

    • It does not carry the required mark; or
    • It is found to be infested with a quarantine pest or to have evidence of the presence of live pests.

Third countries through which merchandise is transshipped are also allowed to require measures to ensure that WPM does not present an unacceptable risk.

  1. Dunnage

Dunnage (the padding in a shipping container) should at a minimum be made from bark-free wood that is free of pests and signs of live pests.

It should also be marked with the symbol shown in Annex II as complying with the standard; if it is not so marked, such dunnage may be refused entry or immediately disposed of in an authorized manner.   

  1.   Exempted Materials

The draft standard states certain articles are unlikely to be infested by pests and should not be regulated; these include:

    • Wood packaging material made wholly of wood-based products (such as plywood, particle board, oriented strand board or veneer that have been created using glue, heat and pressure or a combination thereof); and
    • Veneer peeler cores, sawdust, wood wool and shavings, and raw wood cut into thin pieces (unless otherwise technically justified).

  1. APHIS SUPPLEMENTAL REGULATIONS PROPOSED FOR FRUIT AND VEGETABLES

In a related matter we also note that APHIS has also published a notice of proposed rulemaking (Federal Register 3/15/02) as to its May 2000 proposed rule to establish regulations for phytosanitary treatment of imported fruits and vegetables.  Written comments are due April 15, 2002.  Specifically, this supplemental proposed rule would require that

    1. Indicators be put on the cartons of imported fruit and vegetables to show that irradiation has taken place and
    2. Inspection and monitoring activities by foreign plant protection services at foreign irradiation facilities be recorded in an agreement between that service and APHIS. 

If you have any questions about the issues raised in this newsletter, please contact George R. Tuttle, Sr. at (415) 986-8780 or via email at grt@tuttlelaw.com.

[1] The International Plant Protection Convention (IPPC) is a multilateral treaty deposited with and administered by the U.N.'s Food and Agriculture Organization (FAO).  The treaty is recognized by the World Trade Organization as the source for international standards for the phytosanitary measures (ISPMs) affecting trade.

 

 

Copyright © 2002 by Tuttle Law Offices. 

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

 

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