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APHIS Regulated Garbage Program. Cheryl L. Berthoud, DVM Senior Staff Veterinary Medical Officer APHIS PPQ Quarantine Policy, Analysis and Support Veterinary Regulatory Support. Objectives. Introduction and History Roles and Responsibilities
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APHIS Regulated Garbage Program Cheryl L. Berthoud, DVM Senior Staff Veterinary Medical Officer APHIS PPQ Quarantine Policy, Analysis and Support Veterinary Regulatory Support
Objectives • Introduction and History • Roles and Responsibilities • Regulatory Requirements and Supplemental Conditions • Hot Issues • APHIS initiatives • Contact Information
United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) To protect the health and value of American agriculture and natural resources.
Introduction • Pathways • Potential source of plant and animal pests and disease introduction • Title 7 and Title 9 Code of Federal Regulations • United Kingdom – 2001
History • U.S. Department of Agriculture [1862; Garbage responsibilities 1929] • U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) • APHIS Veterinary Regulatory Support [1971; AQI VMOs added 2001] • Department of Homeland Security (DHS) [2003]
History (continued) • APHIS - DHS Customs and Border Protection (CBP) partnership [2003] • APHIS: Technical expertise role • CBP: Implementation/monitoring role
APHIS’ Roles and Responsibilities • Regulated Garbage Program oversight • Approve all facilities and equipment • Provide information to CBP • Calibrate regulated garbage processing equipment excluding: • CBP owned/operated processing equipment • Military facility processing equipment
APHIS’ Roles and Responsibilities (continued) • Issue and monitor compliance agreements for stand alone processing facilities; excluding: • CBP owned/operated • Military facilities • Port associated processing equipment • Conduct routine processing facility monitoring activities • Clear aircraft and water conveyances • Hawaii and US territories and possessions (domestic regulated garbage; negotiated)
APHIS’ Roles & Responsibilities (continued) • Conduct routine processing facility monitoring activities • Evaluate and approve cartage routes, new technology, extension of storage time • Review compliance agreements issued by CBP • Initiate APHIS Investigation and Enforcement Services investigations
CBP’s Roles and Responsibilities • Clear foreign origin conveyances • Issue and monitor compliance agreements for catering firms, cleaning firms, hauling firms, military facilities, airports, storage, rail and Fixed Base Operators (negotiated) • Conduct routine monitoring activities of catering firms, cleaning firms, hauling firms, military facilities, airports, storage, rail and Fixed Base Operators (including processing) • Issue civil penalties and initiate APHIS Investigation and Enforcement Services investigations • Provide information to USDA-APHIS
Regulatory Requirements • Regulated garbage regulations: • 7 CFR 330.400 – 330.403 • 9 CFR 94.5 • Minimum requirements: • APHIS approval and compliance agreement • Contained in tight, covered, leak-proof receptacles or in sealed, leak-proof packaging (Hawaii) • Incineration, sterilization or grinding into APHIS approved sewage system
Definition Garbage [330.400(b) and 95.4(b)] All waste material that is derived in whole or in part from fruits, vegetables, meats, or other plant or animal (including poultry) material, and other refuse of any character whatsoever that has been associated with any such material.
Applicability ( or when garbage is regulated) #1: Garbage generated onboard any means of conveyance during international or interstate movements such as provided in this section and includes food scraps, table refuse, galley refuse, food wrappers or packaging materials, and other waste material from stores, food preparation areas, passenger’ or crew quarters, dining rooms, or any areas on the means of conveyance.(330.401(a) and 94.5(c)(1)) #2: Meals and other food that were available for consumption by passengers and crew on an aircraft but were not consumed. (330.401(a) and 94.5(c)(1))
Applicability (continued) #3: Garbage on or removed from a means of conveyance, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has been in any port outside the U.S. and Canada within the previous 2-year period ((330.401(a) and (b), and 94.5(c)(1) and (c)(2)). #4: Garbage on or removed from a means of conveyance, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has moved, during the previous 1-year period, either directly or indirectly, to the continental U.S. from any territory or possession or from Hawaii ((330.401(a) and (c), and 94.5(c)(1) and (c)(3)).
Applicability (continued) #5:Garbage on or removed from a means of conveyance, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has moved, during the previous 1-year period, either directly or indirectly, to any territory or possession from any other territory or possessions or from Hawaii ((330.401(a) and (c), and 94.5(c)(1) and (c)(3)). #6: Garbage on or removed from a means of conveyance, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has moved, during the previous 1-year period, either directly or indirectly, to Hawaii from any territory or possession ((330.401(a) and (c), and 94.5(c)(1) and (c)(3)).
Applicability (continued) #7:Garbage that is commingled with regulated garbage (330.401(a) and 94.5(c)(1)) Any person wishing to handle regulated garbage must either do so under a compliance agreement or the direct supervision of an USDA APHIS authorized “inspector” (includes CBP)
Regulated Garbage Processing • Incineration: reduce to ash by burning (except glass and metal by policy) 2. Sterilization: heating to and maintaining an internal temperature of 212 degrees F for 30 minutes 3. Grinding into an APHIS approved sewage system
Regulated Garbage Processing (continued) Incineration Sterilization Grinding
Uniform Standard Supplemental Conditions • Non-transferable compliance agreement • Immediate communication with APHIS or CBP • Record keeping • 3 mil (0.003-inch) thick plastic bags (w/ label, tag, or unique color) • Only APHIS approved entities • Emergency backup systems • Cleaning and disinfecting • Training
Hot Issues: • Commodity exclusion/Back-catering update • Recycling updates • Onboard conveyance or after incineration • Fruit/vegetable crates; bottles with limes allowed • New Compliance Agreement Templates • October 2012 • Standardized APHIS Approved Company National Templates • Maintained on APHIS Intranet • Regulated Garbage Training • CBP/APHIS Personnel • Proposed Industry
APHIS Initiatives • Regulated Garbage Program Website • Updates to Stakeholders’ Registry • VRS HQ now under PPQ Quarantine Policy, Analysis and Support • AQI VMOs will have new supervisory structure • Separate APHIS Regulated Garbage Program • New Program Manager – Policy/Procedures • Acting PM – Jose Ceballos • Routine approval requests done in field • Non-routine, storage extension and new technology HQ • Guidance from RG Program HQ
APHIS Initiatives (continued) • One compliance agreement per location with addenda covering all RG handling activities • CBP will monitor most; except off-port processors • Information on CA holders available to public • Enhanced enforcement strategy • Work with companies on national level to improve local compliance • Cancel compliance agreements • Violators’ lists on APHIS website • Suspended regulated garbage handling activities • Cancelled compliance agreements • Prohibited from handling regulated garbage
Useful Websites Title 9 Code of Federal Regulations: www.access.gpo.gov/nara/cfr/waisidx_09/9cfr94_09.html Manual for Agricultural Clearance: www.aphis.usda.gov/import/export/plants/manuals/ports/mac.shtml Regulated Garbage Program Website http://www.aphis.usda.gov/import_export/vrs/regulated_garbage.shtml Stakeholder Information http://www.aphis.usda.gov/stakeholders/
Email Address for Regulated Garbage Correspondence: PPQ_VRS.Regulated.Garbage@aphis.usda.gov
Contacts Dr. Cheryl L. Berthoud USDA, APHIS, PPQ, QPAS, VRS 4700 River Road, Unit 60 Riverdale, Maryland 20737 Office: (301) 851-2295 Fax: (301) 734-8538 E-mail: Cheryl.L.Berthoud@aphis.usda.gov Mr. Jose Ceballos USDA, APHIS, PPQ, QPAS 4700 River Road, Unit 60 Riverdale, Maryland 20737 Office: (301) 851-2295 Fax: (301) 734-8538 E-mail: Jose.R.Ceballos@aphis.usda.gov