STC Number - 292
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Prohibition of ornamental plants larger than 18 inches

Maintained by: United States of America
Raised by: Costa Rica
Supported by:
First date raised: March 2010 G/SPS/R/58 paras. 21-22
Dates subsequently raised:
Number of times subsequently raised: 0
Relevant documents: Raised orally
Products covered: 06 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage; 0602 Other live plants (including their roots), cuttings and slips; mushroom spawn.; 0603 Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared.
Primary subject keyword: Plant Health
Keywords: Control, Inspection and Approval Procedures; Plant health
Status: Resolved
Solution: In July 2012, Costa Rica reported that the specific trade concern Nº 292 had been resolved following the publication by the United States of a modified regulation addressing the concerns of Costa Rica (G/SPS/R/67, para. 60).
Date reported as resolved: 10/07/2012

Extracts from SPS Committee meeting summary reports

In March 2010, Costa Rica referred to the US restrictions on the importation of ornamental plants larger than 18 inches, based on the US Code of Federal Regulation, section 37, part 319, title 7 (7 CFR ยง 319.37). Costa Rica reported that in early 2000 it had conducted a risk assessment to support its request for the United States to lift its restrictions. Based on a US request, Costa Rica had established and operated a Clean Stock Program, aimed at reducing the number of interceptions of exports of ornamental plants to the United States. The Clean Stock Program for Dracaena marginata started to operate in 2005, and it involved authorities from Costa Rica and the United States. The Program concluded its work in December 2008. However, more than one year after the conclusion of the Program, the United States had not yet initiated a process to modify its regulation restricting the importation of ornamental plants larger than 18 inches. A working plan had been elaborated by the regulatory agencies of both countries, nevertheless, Costa Rica was concerned that despite the agreement on the technical issues of the Plan, the United States was taking too long to revise its restrictions.

The United States reported that the authorities of both countries had been working cooperatively on issues related to the importation of tropical foliage, particularly Dracaena spp.. The ongoing work addressed the development of greater surveillance and inspection protocols to reduce the high number of interceptions. The United States Department of Agriculture (USDA) was working with Costa Rica on a work plan and a proposed rule to allow the safe entry of oversized Dracaena spp. To complete the science-based review process, the USDA was awaiting a response on the draft work plan by Costa Rica, so as to expand the current Clean Stock Program.

In July 2012, Costa Rica reported that its specific trade concern on the "Prohibition of Ornamental Plants Larger than 18 inches" (No. 292) had been resolved following the publication by the United States of a modified regulation addressing the concerns of Costa Rica. The United States thanked Costa Rica for its outstanding co-operation and collaborative efforts in resolving the concern.