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Re: USDA Control of Plant Movement Across State Borders


Actually, the paper referred to is a draft proposal in reference to
noxious weeds, (The Draft Action Plan for the Noxious Weeds Program).
 It can be found here in .pdf format:

http://www.aphis.usda.gov/ppq/weeds/weedsjan2002-pub.pdf

Unfortunately, the USDA has had the ability to regulate the movement
of plant material in any form across state lines ever since the PPA
(Plant Protection Act) was signed into law a couple of years ago. 
The unfortunate wording of this act gives incredible powers to USDA
and any agency they designate to act for them.  If you want to read a
scary document, from the standpoint of our individual rights, read
the PPA.  It is the law.

They have not implemented, nor did I actually read in the Draft that
they intend doing so immanently, requirements for permits to send
nursery seed and stock across state lines, but they have the power to
do so and the day is probably not too far off when they decide to
exercise some of these powers.  Like military weapons...you give the
boys the toys and they will want to play with them.

The Noxious Weed Program draft couches everything in terms of noxious
weeds, appending the current list of recognized noxious weeds to the
end of the draft.  However, the wording is such that it could be
construed to include plants that are not classified as noxious
weeds...that is the scary part.  Nobody likes known noxious weeds,
but I do worry about who is actually in charge of identifying plants
that are not currently listed.  And I further am concerned about the
wide net they have cast in their choice of words that permits future
interpretation that is not strictly concerning known noxious weeds.

What disturbs me about the draft proposal is their interest in moving
ahead with the 'clean list' and their definite proposals to implement
risk assessment screening to determine whether a plant might be
'weedy'.  

If they use Dr. Sarah Reichard's model for determining the invasive
potential of a plant, according to a post on Alpine-L by Tony Avent,
who has spoken with her, fully 40% of the plants now grown in our
gardens would be considered invasive (even if they actually aren't)
and a plant considered invasive only in say Hawaii, would be banned
throughout the US.  Dr. Reichard is with University of Washington and
USDA advisor on invasive plants

If they rely on USDA personnel to effect this screening, new plants
will never make it into the market because they will never have the
funding nor trained personnel necessary to screen all plants for all
environmental regions.  They can't currently properly staff their
import/export stations.  So much of what I have read depends on
factors that are unlikely, in reality, to ever occur, which makes the
potential for disasters so real.

Whatever they do, IF they move ahead with their proposals, we in the
horticultural world will find the results restrict our ability to
grow perfectly garden-worthy plants.

We are supposed to be writers about gardening.  IMO it behooves us
all to read the proposals in this draft carefully; read the proposals
on the APHIS PPQ web site and those concerning invasive species that
affect the world we write about and limber up our writing fingers and
practice our craft in the direction of our legislators and the people
at USDA who are responsible for these proposals.

Go to  http://www.jlhudsonseeds.net/USDAComment.htm 

Read what is posted there, follow the links and educate yourselves. 
Then make your opinions known....before it is too late.  Already the
implementation of the requirement for phytosanitary certificates for
imported seed is having its effect on seed exchanges...RHS seed has
been sent back to RHS from the US for lack of phytos...botanical
expeditions have been canceled because the 3rd world countries that
were slated for the expedition could not provide the necessary
documents to obtain a phyto.

If we do not care and we do not learn and we do not speak out for the
world of horticulture, who will?

See also:

http://www.safeguarding.org/   you need to carefully read ALL the
proposals and note who the "stakeholders" are - the hort world is
woefully under represented here.

http://www.invasivespecies.gov/   

http://www.invasivespecies.gov/council/main.shtml

http://www.invasivespecies.gov/council/advisory.shtml

Note the advisory committee members...only 1 representative of the
hort. world in the form of  a representative of the American Nursery
and Landscape                Association and including Dr. Faith T.
Campbell, well known for her views that no exotic plants should be
allowed anywhere.  Where are the botanical gardens? Where are the
horticultural and garden societies?  Where are the American
gardeners?  We are not represented at all.


Marge Talt, zone 7 Maryland
mtalt@hort.net
Editor:  Gardening in Shade
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----------
> From: Conrad Richter <conrad@richters.com>
> 
> Hi all, 
> 
> This is disturbing for those of us who are in the business of
shipping
> seeds and plants to the U.S. and across U.S. state borders. 
Apparently,
> the USDA is seeking to regulate the movement of plant material --
even
> non-living material such as dried herbs -- across state and
national
> borders. Here is an extract from David Theodoropoulos of the
> "no-whitelist" coalition. 
> 
> The initiative is in addition to the USDA's current plan to require
> phytosanitary certificates for seed shipments into the U.S. 
Already
> some Canadian seed exporters have been hit by the new phyto
initiative
> even though it doesn't come into full effect until July 22, 2002. 
> 
> 
> Conrad Richter
> 
>
--------------------------------------------------------------------
> 
> 
>    Date: Sun, 17 Mar 2002 18:51:46 -0800
>    From: "D. Theodoropoulos/S. Calkins" <dtsc@rahul.net>
> Subject: USDA proposal.
> 
> Folks,
>      An important deadline is approaching - the public comment
period for
> the USDA Draft Action Plan for the Noxious Weeds Program is March
29th. This
> plan includes the white list (clean list) proposal, plus serious
new
> restrictions on interstate movement of all plant materials - even
clean dry
> medicinal and culinary herbs. Interstate movement will require
federal
> permit and certificate of inspection - this will SHUT DOWN seed
exchanges
> such as the Seed Saver's Exchange and others. This is very serious
stuff. In
> spite of the fact that the USDA received 8 to 1 negative comments
on the
> white list, they are ignoring the clear will of the American people
and
> going ahead with it. They just won't take "no" for an answer. It is
this
> kind of arrogant authoritarianism on the part of bureaucracy that
creates
> ill-will in the public at a time when we should all be pulling
together to
> find solutions to the important environmental problems facing us
all. The
> USDA is a huge agency, and does lots of good in many areas - it is
terrible
> to have one out-of-control regulatory branch discredit the whole
agency.
> (Remember the "Organic Rules" fiasco of a year or two ago?) We need
to
> contact our representatives and send the USDA our comments opposing
this.
> You can find links to the Draft Action Plan, info on who to comment
to, a
> sample letter, links to your representatives, etc., at:
> http://www.jlhudsonseeds.net/USDAComment.htm
>      It is important to send 4 hard copies to:
> 
> Docket No. 01-034-1
> Regulatory Analysis and Development
> PPD, APHIS Suite 3C03
> 4700 River Road, Unit 118
> Riverdale, MD 20737-1238
> 
>       Please check the link above and get the word out - post to
gardening
> and medicinal plant lists, etc., let plant societies and other know
about
> this. This is the time to use the internet for what it is really
good for.
> Everyone who deals with plants will be affected - even dried flower
growers
> will need permits and certificates of inspection to ship.
> 
> D. Theodoropoulos, Moderator and Science Advisor to the No
Whitelist
> Coalition.
> 
> 
> RICHTERS HERBS                     | Info: info@richters.com       
    *
> Goodwood, ON  L0C 1A0, Canada      | Catalogs: catalog@richters.com
    *
> Tel +1-905-640-6677  Fax 640-6641  | Website:
http://www.richters.com   *
> 
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