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Invasive agricultural pests and diseases frequently spread
to new locations in association with international, interstate,
and intrastate commerce and travel. As a result, the institutional
and legal framework for addressing invasive pests and
diseases includes international organizations and agreements,
Federal laws and agencies, and State Governments. The
goals and activities of international, national, or State
organizations that address invasive species can generally
be classified into pest management options that include
surveillance, prevention, and management (see table on
Pest Management
Options for Public Programs). Readers are referred
to the appropriate agencies and source legislation for
further details and authoritative language.
International Organizations and Agreements
Through the World Trade Organization (WTO) and multilateral
and bilateral agreements, such as the North American Free
Trade Agreement, the world community has generally moved
toward the freer movement of goods and people between
countries and regions. This development, however,
carries the risk that invasive species can more easily
move to new countries or regions and inflict significant
economic and/or environmental harm in their new settings.
Since countries might restrict trade to prevent the movement
of pests and diseases, the principal goal of international
agreements and institutions, such as the International
Plant Protection Convention, the Office International
des Epizooties, and Agreement on the Application of Sanitary
and Phytosanitary Measures, is to establish a transparent
and consistent framework in which countries can take actions
to protect themselves from the threats posed by invasive
species in a way that minimizes restrictions on trade.
For an overview of the major agreements, (see table on
Major International
Agreements and Institutions).
Federal Laws
Federal pest control responsibilities and authorities
derive from the Federal Government's jurisdiction over
international trade and travel and interstate commerce.
Jurisdictional differences among Federal authorities depend
on whether or not alien pests have been introduced to
the U.S., whether introduced pests have spread, and whether
introduced pests pose a threat to agricultural production
and/or human health. A number of Federal departments and
agencies address invasive species. Executive
Order 13112 in 1999 created the National Invasive
Species Council, which includes the Departments of Agriculture,
Commerce, Defense, Homeland Security, Interior, State,
Transportation, and Treasury, as well as the Environmental
Protection Agency (EPA), U.S. Agency for International
Development, U.S. Trade Representative, and the National
Aeronautical and Space Administration. Within USDA, APHIS
has primary responsibility for the exclusion and control
of alien crop pests and livestock diseases, while other
agencies support research and technical and financial
assistance. In 2003, however, the Federal Government transferred
responsibility for administering port-of-entry inspections
from APHIS to the Department of Homeland Security. The
following U.S. laws define the Federal authorities with
respect to invasive species and the goals of APHIS policies
and programs.
- Plant Protection Act of 2000 (PPA): PPA
is the primary Federal law governing plant pests—as
well as agricultural commodities, plants, biological
control organisms, articles that might be infested,
means of transportation, and other pathways for moving
pests—in foreign and interstate commerce.
The law gives USDA authority to use a wide range of
measures to exclude alien pests or prevent the spread
of new but not widespread pests. These measures include
inspections, surveillance, quarantines, treatments,
or destruction. USDA can develop lists of organisms
that can or cannot enter the United States and goods
that can be imported from specific countries, and has
the authority to certify that U.S. agricultural exports
meet the phytosanitary standards of other countries.
USDA can require private parties to take remedial actions
without cost to the government but must select the least
costly, effective measure. USDA has less regulatory
authority to address established and widespread pests,
but can enter into agreements with foreign governments,
State Governments, or other organizations to implement
the Act. PPA authorizes USDA to transfer funds
from the Commodity Credit Corporation (CCC) or other
USDA programs to implement an emergency control program,
subject to Office of Management of Budget review. Under
some circumstances, USDA has authority to declare extraordinary
emergencies, under which USDA can take action to control
intrastate outbreaks of new pests, and has discretion
to compensate growers for losses caused by the control
program. (For additional information, see table
on Summary of Key
Provisions of the Plant Protection Act of 2000.)
- Federal
Seed Act: The Federal Seed Act, enacted
in 1940, regulates foreign and interstate commerce in
seeds, including labeling of contents, and has provisions
concerning noxious-weed seeds, including bulblets, that
may be present in agricultural and vegetable seed. The
law regulates the importation of any agricultural or
vegetable seed containing noxious-weed seeds, contains
a list of noxious weed species prohibited for importation,
and gives USDA authority to investigate and add to the
list of species regulated for importation. It requires
labeling of agricultural seed in interstate commerce,
including the presence of noxious-weed seeds by kind
(related species or subspecies known by a common name),
percentage of seed weight, and rate of occurrence. The
law gives USDA authority to investigate and list noxious
weeds regulated in interstate commerce of seed and sets
limits on the presence of these seeds in agricultural
seed. APHIS administers the foreign commerce provisions,
and the Agricultural Marketing Service (AMS) administers
the interstate commerce provisions. Each agency maintains
a list of noxious weed seeds in the Code of Federal
Regulations, including some prohibited species.
Individual States (plus Puerto Rico, Guam, and DC) can
list noxious-weed species and limit the amount of such
seed in agricultural seed transported into and sold
within their boundaries, but USDA rules apply to noxious
weeds not listed by a State.
- Animal Health Protection Act (AHPA):
Passed as part of the Farm Security and Rural Investment
Act of 2002, the AHPA
is the primary Federal law governing the protection
of animal health. The law gives the Secretary of Agriculture
broad authority to detect, control, or eradicate pests
or diseases of livestock or poultry. The Secretary may
also prohibit or restrict import or export of any animal
or related material if necessary to prevent the spread
of any livestock or poultry pest or disease. USDA has
authority to hold, seize, treat, or destroy any animal,
as well as to limit movement in interstate commerce.
Like the Plant Protection Act, AHPA provides for emergency
fund transfers and the determination of extraordinary
emergencies, so that USDA can, under some circumstances,
take actions within a State. The law also requires compensation
to farm owners based on fair market value of destroyed
animals and related material. (For more information,
see Summary
of Key Provisions of the Animal Health Protection Act.)
Federal Agencies
Animal and Plant Health Inspection Service (APHIS)
Within USDA, APHIS
has primary responsibility for protecting agricultural
crop and animal resources. Within APHIS, Plant Protection
and Quarantine (PPQ), Veterinary Services (VS), and International
Services (IS) have plant and animal protection functions.
APHIS activities and programs related to invasive pests
have several broad goals:
APHIS, in partnership with the U.S.
Customs and Border Protection under the Department
of Homeland Security, administers programs to prevent
or reduce the risk of alien animal and plant pests entering
the United States. Historically, APHIS and predecessor
agencies pursued this goal through port-of-entry inspections.
APHIS now implements a "safeguarding" approach,
which includes offshore monitoring and control programs,
port-of-entry programs, and programs to detect, quarantine,
eradicate, or control outbreaks of new pests in the
United States.
APHIS sets animal health and phytosanitary standards
for imports and is the primary U.S. negotiator for
animal health and plant protection issues under WTO
and NAFTA. Agricultural
Quarantine Inspection (AQI) Program employees, under the Department of Homeland
Security, conduct port-of-entry inspections to detect pests, disease organisms,
and prohibited items, and determine measures to prevent
pest entry. User fees from international airline passengers
and commercial aircraft, ships, railcars, and trucks
fund the program. APHIS also conducts pre-clearance
inspections, treatments, and/or certifications of commodities
and inspects passengers and baggage before those passengers
travel to the United States. In offshore programs,
APHIS cooperates with foreign countries to monitor and
control pests of concern to the United States in those
countries.
In addition, APHIS has a smuggling interdiction program
targeted at illegally imported goods that may be sources
of pest or disease organisms. APHIS has special agreements
with California and Florida, entryways of large volumes
of smuggled goods.
Exclusion programs cannot be perfect, so APHIS cooperates
with States to detect and monitor pests that have entered
the United States and has programs
to eradicate or manage some pests. Both APHIS/PPQ
and APHIS/VS have emergency and rapid response programs
to address new outbreaks of pests or diseases, including
some previously contained or eradicated. These responses
include detection and identification of the pest or
diagnosis of the disease, as well as eradication or
control activities. Many programs are funded through
emergency transfer funds or conducted under an extraordinary
emergency.
APHIS programs to monitor, eradicate, or control selected
established pests or diseases are not conducted under
the provisions of extraordinary emergencies, and Federal
costs are covered by appropriated program funds. APHIS
cooperates with State Government agencies and agricultural
producers on many of these activities.
APHIS Expenditures
APHIS annual expenditures for planned programs and
for responses to emergency pest outbreaks have increased
from about $500 million in the mid-1990s to over $1
billion in 2001 and for fiscal years 2003-2010.
Of that total, planned expenditures for pest and disease
programs, including exclusion, monitoring, and management,
increased from about $400 million to over $900 million
during the same period. However, annual emergency
program transfers in response to pest and disease
outbreaks, drawn primarily from the CCC, increased
much more rapidly from less than $20 million in 1995
and prior years to over $400 million in 2003,
then varied between $100 million and $530 million from 2004 to 2006, and fell to 36 million in 2010. Outbreaks of citrus
canker, karnal bunt, and plum pox accounted for much
of the large increase in emergency program expenditures.
Emergency program costs can vary greatly from year
to year, depending on the entry of new pests or natural
factors affecting outbreaks.
 d
Export Certification
APHIS certifies that U.S. agricultural exports meet
importing countries' animal
health and phytosanitary
requirements; user fees help cover the expenses.
APHIS/PPQ or State cooperators provide inspections and
phytosanitary certificates for plant and plant product
exports, while APHIS/VS or accredited veterinarians
provide export health certification for animal and animal
product exports.
Exclusion, monitoring, and control programs support
exports and export certification by controlling pests
and providing information about pest risks. APHIS or
State agencies may be able to satisfy requirements of
another State or importing country by creating pest-
or disease-free zones for some commodities with areawide
eradication or control programs or demonstrating through
scientific pest surveillance that specific pests or
diseases are not present.
Research and Development
APHIS has programs to develop methods to detect, identify
or diagnose, monitor, or control alien plant pests and
animal diseases, develop pest decision support systems,
and obtain EPA clearances to use pesticides. APHIS often
cooperates with other USDA and State Government agencies
to conduct research related to the detection and control
of pests and diseases.
Other USDA Agencies
The Risk Management
Agency (RMA) administers the Federal
Crop Insurance (FCI) program that pays farmers indemnities
for multiperil losses from hazards beyond the growers'
control, including some insect and disease losses. The
program includes yield-based and revenue insurance policies
for more than 100 crops and livestock.
The Noninsured Crop Disaster Assistance Program (NAP),
under the Farm Service Agency, provides catastrophic coverage
for crop losses and planting prevented (for food, feed,
fiber, and ornamental crops) by natural disasters, if
FCI Catastrophic Coverage is not available for a crop
or county. Natural disasters include damaging weather,
adverse natural occurrences, or related conditions, such
as excessive heat or pest infestations, which occur before
or during harvest. Coverage, grower service fees, and
indemnity payments are almost identical to those of FCI
Catastrophic Coverage.
Several other USDA agencies have programs and responsibilities
related to controlling and managing invasive pests and
diseases. The Forest Service plays a major role
in preventing and controlling invasive pests on public
and private forests and grasslands. The Agricultural Research
Service, the Cooperative State Research, Education, and
Extension Service, and the Natural Resource Conservation
Service support pest management research or provide technical
assistance to growers.
State Governments
States have unique pest problems, institutional arrangements,
and regulatory authorities. All 50 States (and Puerto
Rico) have plant health agencies that regulate shipment
of nursery stock, seed, and other propagative material.
Some States regulate noxious weeds, regulate the entry
of products and pests from other States, or conduct eradication
or control programs. All 50 States (and Guam, Puerto Rico,
and the Virgin Islands) have a State veterinarian and
an agency to regulate entry of live animals and animal
products and address animal health problems.
States have regulatory authority within their boundaries,
but not in foreign or interstate commerce. APHIS addresses
pests within States either through cooperative programs
or the procedures of extraordinary emergencies. State
Government agencies often cooperate with APHIS in monitoring,
quarantine, eradication, and control programs for animal
and plant pests. State Government agencies may take the
lead in eradication or control programs or extend activities
beyond APHIS programs. For example, North Carolina now
leads the witchweed control program, Florida quarantined
citrus canker, Pennsylvania quarantined several areas
for plum pox, and California, Florida, and Texas have
major roles in detecting and eradicating fruit fly infestations.
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