Penalties $1000 for home gardeners, up to $250,000 for nurseries for saving seeds (OT)

[Guest guest]

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" tHe mAdd pRoFeSsOr " <madd_professor

Wednesday, March 27, 2002 4:31 AM [CIDSNetwork] Re: Hi All,

Seeds

 

The noose begins to get tight?

 

__________________________

________________

 

owner-mom-l

[ owner-mom-l

On Behalf Of M.O.M.

Tuesday, March 26, 2002 4:52 PM

mom Hi All, Seeds

 

Hi All,

 

Please pass this on. Looks like action is needed ASAP. It's hard to believe

that anything like this could happen. How come nobody knows about it? The

implication of this is that the Seed Savers Exchange and even private

individuals who live in different states cannot share their open pollinated

seeds and only approved varieties can be exchanged for a fee of $100.

 

Merla

 

<http://www.jlhudsonseeds.net/USDAComment.htm

J. L. HUDSON, SEEDSMAN, STAR ROUTE 2, BOX 337, LA HONDA, CALIFORNIA

94020 USA

 

USDA Plans Severe Gardening Restrictions

 

Direct quotes from USDA Action Plan

 

" Clean list " - Everything not on government approved list banned.

 

Penalties - $1000 for home gardeners, up to $250,000 for nurseries.

Interstate movement of seeds - Prohibited without permit and inspection.

 

Send objections to the USDA

 

Write your representative (Sample letter)

 

What President Bush says

 

Your help is needed. The USDA is now accepting public comments on their

Draft Action Plan for the Noxious Weeds Program, which includes the " clean

list " or " white list " proposal. They are now going beyond the clean list and

are stating that they intend to require permits and inspections for ALL

seeds and plants moving interstate ? this will effectively shut down many

popular seed exchanges like the North American Rock Garden Society exchange

and the Seed Saver's Exchange. These exchanges have been hailed as important

means of preserving biodiversity. How many home seed savers will be willing

to get appropriate licenses and inspections when they cost a minimum of $100

(for a nursery stock or seed license here in California). Penalties of up to

$250,000 are proposed with a minimum fine of $1000 even for home gardeners.

Please link to this page.

 

Contact Alan.V.Tasker

< Alan.V.Tasker and state you are opposed to the " clean

list " and any permit or inspection requirements for interstate movement of

seeds and plants. State that the Draft Action Plan for the Noxious Weeds

Program is unacceptable must be halted, additional time for public comment

allowed, and no new restrictions on the free flow of any seeds and plants

that are not listed noxious weeds be put in place.

 

Send 4 copies of your comments to:

 

Docket No. 01-034-1 Regulatory Analysis and Development PPD, APHIS Suite

3C03

4700 River Road, Unit 118 Riverdale, MD 20737-1238

 

This is necessary so that your e-mails will not simply be deleted.

 

Last year, the USDA requested comments on its clean list proposal - they

received an overwhelming response - 8 to 1 against, yet they are ignoring

the clear will of the American people. The government tried to impose a

clean list policy three times during the 1970s, and had to back down each

time due to negative response from biologists. Apparently, " no " is not an

acceptable response.

 

The public comment period ends March 29th, but it is important to keep up

pressure even after this date, particularly by writing your representatives.

 

The USDA is clearly out of touch with the American people. They just got

through the huge furor when they tried to impose " Organic Rules " which

allowed irradiation and toxic sewage sludge use. They have also instituted

new phytosanitary certificate requirements which they admit are designed to

prevent you from ordering from overseas. Please object to the new

phytosanitary rules in your letter, too.

 

Write to your representatives and demand that the out-of-control USDA be

reined in.

 

These proposals fundamentally change the regulations on the importation and

distribution of plants. Currently, you may import, possess and distribute

all plants except a few known harmful species that are banned ? a

" blacklist " approach in which everything is permitted except what is

prohibited. The new Clean List (or white list) policy is the opposite ?

everything is prohibited except what is on a government-approved " clean

list " of species that the USDA permits. This will effectively ban 99% of the

species on the planet. The clean list or white list has been called an

internet hoax, and the agencies involved have actually sent out letters

denying they have such plans ? go to their website and read for yourself

what they say:

 

http://www.aphis.usda.gov/ppq/weeds/

 

See Weed Action Plan - 4th blue box down on the right.

 

http://www.aphis.usda.gov/ppq/weeds/weedsjan2002-pub.pdf (Note that this is

a pdf file and takes a long time to load - you will see a blank page for a

while after clicking here)

 

THE FOLLOWING ARE DIRECT QUOTES FROM THE PROPOSAL

 

Draft Action Plan for the Noxious Weeds Program

 

Page 5:

 

Interstate movement:

 

" 2) Issue regulations that require that any plant, plant product, biological

control organism, noxious weed, article, or means of conveyance imported,

entered, to be exported, or moved in interstate commerce be accompanied by a

permit and a certification of inspection and be subject to remedial measures

necessary to prevent the spread of plant pests or noxious weeds. "

 

NOTE: " Any plant or plant product " will include dried medicinal herbs, as

well as clean seeds.

 

Page 9:

 

" RECOMMENDED REGULATORY CHANGES "

 

" Emergency Action (recommended regulatory change)

 

The PPA authorizes the Secretary of Agriculture to hold, seize, quarantine,

treat, apply other remedial measures to, destroy, or otherwise dispose of

any plant, plant pest, noxious weed, biological control organism, plant

product, article, or means of conveyance moving into or through the United

States, or interstate, or moved into or through the United States, or

interstate, that the Secretary has reason to believe is a plant pest or

noxious weed, is infested with a plant pest or noxious weed, or is in

violation of the PPA. This authority includes action on the progeny of any

plant, biological control organism, plant product, plant pests, or noxious

weed. Further, the Secretary may use extraordinary emergency action for

weeds threatening plants or plant products, if those weeds are new to or not

known to be widely prevalent in or distributed within and throughout the

United States. "

 

Page 14:

 

" Civil Penalties (recommended program change)

 

The PPA authorizes the Secretary of Agriculture to hold, seize, quarantine,

treat, apply other remedial measures to, destroy, or otherwise dispose of

any plant, plant pest, noxious weed, biological control organism, plant

product, article, or means of conveyance moving into or through the United

States, or interstate, or moved into or through the United States, or

interstate, that the Secretary has reason to believe is a plant pest or

noxious weed, is infested with a plant pest or noxious weed, or is in

violation of the PPA. This authority includes action on the progeny of any

plant, biological control organism, plant product, plant pests, or noxious

weed. If a plant, plant pest, noxious weed, biological control organism,

plant product, article, or means of conveyance is in violation of the PPA,

the Secretary may issue civil penalties ranging from $1,000 for an initial

violation by an individual moving regulated articles not for monetary gain,

to $250,000 per violation. The Safeguarding Report recognizes that the PPA

civil penalty fee structure provides an effective deterrent against

violations of the regulations. APHIS plans to use our new authority under

the PPA to issue civil penalties for noncompliance with the regulations. "

 

NOTE: " An individual moving articles not for monetary gain " means home

gardeners.

 

Page 19:

 

" Risk Assessment for Imported Nursery Stock (Propagative Material)

 

Current regulations do not mandate a screening process for the invasive

potential of plants imported for propagation. Under 7 CFR 319.37, nursery

stock is admissible unless it is on a regulated list. Plants on the

regulated lists are prohibited either because they are Federal noxious weeds

or because they are associated with certain plant diseases or other plant

pests. The Safeguarding Review recommends adopting a modified " clean list

approach " for propagative material, specifying what is permissible, rather

than listing regulated plants. Similarly, the draft Invasive Species

Management Plan recommends development of risk analysis and screening system

for evaluating first time intentional introductions of non-native species

before entry is allowed.

 

The PPA states that the Secretary of Agriculture may prohibit or restrict

the importation, entry, exportation, or movement in interstate commerce of

any plant, plant product, biological control organism, noxious weed,

article, or means of conveyance to prevent the introduction into the United

States or dissemination within the United States of a plant pest or noxious

weed. The PPA further provides the authority for the Secretary of

Agriculture to initiate a screening process to evaluate proposed new

introductions of non-native plants. Risk assessment for propagative material

has two weed-related components: evaluation of the commodity as a potential

weed and evaluation of the commodity's potential to provide a pathway for

weeds. "

 

NOTE: " ... specifying what is permissible, rather than listing regulated

plants " means that everything that is not on the government-approved list

will be prohibited. Currently, they list only what is prohibited -

" regulated plants. "

 

Page 20:

 

" Proposed Strategies to Achieve the Goal:

 

1. Risk assessment: Use risk assessment processes that follow international

standards to support identification of weed species to be regulated, provide

classification of undesirable plant species, identify potential pathways,

and determine appropriate regulatory action.

 

3. Weediness Screening: Explore revision of the nursery stock regulations (7

CFR 319.37) to require risk assessment before a commodity is approved for

entry. "

 

NOTE: " Weediness Screening " and " risk assessment before a commodity is

approved for entry " means that all species will be denied entry (import)

until the government has determined that they are approved.

 

How to Contact Your Members of Congress in Washington, DC

 

Sample letter to an elected representative: Please print this out and send

it to your representative. E-mailing is second-best, as a physical letter

carries much more weight. Send a copy to the USDA, marked " My comments on

the Draft Action Plan for the Noxious Weeds Program. "

 

Secretary of Agriculture Ann Veneman Jamie L. Whitten Federal Bldg. Rm.

200-A

12th & Jefferson Dr., SW Washington DC 20250 Phone 202-720-3631, Fax:

720-2166 Email: agsec < agsec

 

and E-mail them a comment objecting to the clean list.

 

Also be sure to send 4 copies of your comments to:

 

Docket No. 01-034-1 Regulatory Analysis and Development PPD, APHIS Suite

3C03

4700 River Road, Unit 118 Riverdale, MD 20737-1238

 

This is necessary so that your e-mails will not simply be deleted.

 

Honorable _________________________

 

As a concerned voter, I am writing object to the USDA Draft Action Plan for

the Noxious Weeds Program, which will implement a " clean list " and other

unwarranted restrictions controlling the import and movement of plants and

animals in the U. S., allegedly to stop the spread of " invasive species. "

 

I feel that this " clean list " would be a reckless and irresponsible policy,

for the following reasons:

 

1. Such a policy requires adequate, scientifically verified methods of

predicting which species would be " invasive, " yet all scientific attempts at

predicting " invasiveness " have failed.

2. We already have adequate weed laws. We already know which species are

pests; implementing a sweeping, poorly-conceived ban on what will amount to

99% of the world's species will cause more problems than it could possibly

solve.

3. Scientific researchers need ready access to the earth's biological

resources for new food crops, new medicinal plants, new industrial uses.

Limiting this access will place U. S. scientists at a disadvantage in the

competitive world markets. Limiting our farmers' access to new crops will

increase our dependence on foreign supplies.

4. It will result in greater usage of herbicides on our public lands.

 

5. It will do nothing to address the fundamental causes of " invasive "

species - disrupted ecosystems.

6. Small entrepreneurial businesses are responsible for the majority of all

jobs created in the past 20 years, and they will bear the brunt of the

economic harm this measure will create. Small nurseries have been

responsible for the majority of new plant introductions from overseas which

have revitalized the entire gardening industry in recent decades.

7. According to the USDA Economic Research Service, horticulture and

floriculture are the fastest growing sector of U. S. agriculture with 12.1

billion in revenues in 1998, and this has steadily risen since. In these

difficult economic times, it is grossly irresponsible of the USDA to

obstruct such an economic powerhouse with completely untested, unproven and

unnecessary regulatory restrictions.

8. These restrictions may be illegal under free trade treaties, and are sure

to invite retaliatory measures by our trading partners. This comes at a time

when entrepreneurial free trade should be encouraged.

9. The clean list is only the latest in a pattern of USDA obstruction of

legitimate business and biodiversity conservation efforts, as witness the

recent imposition of outdated regulations that haven't been enforced in

decades due to their inapplicability. The phytosanitary-certificate

requirement for flower seeds which has been unnecessary and unenforced for

over 50 years, and irrational prohibitions of modern sterile-culture orchid

seedlings (essential for orchid conservation), have both been suddenly

enforced by an out-of-control USDA, sending shockwaves throughout the

nursery industry and gardening community. Antiquated, outmoded regulations

from the 19th century should not be enforced in the

21st.

10. The clean list proposal is a reckless & irresponsible expansion of an

antiquated, cumbersome and inefficient bureaucracy at a time when government

should be moving towards a streamlined and efficient future.

11. When the USDA requested comments on the clean list proposal, American

scientists, businessmen and gardeners were 8 to 1 against the clean list,

yet the USDA ignored the clear mandate from the American people, and

included this and even more restrictive proposals in the Draft Action Plan.

The USDA is totally out of touch with the American people ? remember the

recent " Organic Rules " furor?

 

One of the founding fathers of our nation, Thomas Jefferson, said: " The

greatest service a man may do for his country is the introduction of a

useful plant. " I hope you will stand with Jefferson on this issue, and rein

in the out-of-control USDA and NISC.

 

I am totally opposed to any " clean list " policy as well as the new

phytosanitary and orchid-seedling restrictions, and am opposed to any

further restrictions and roadblocks to interstate commerce. The USDA must

get back to its mission of serving agriculture, not obstructing it.

 

In closing, I want to point out that gardeners are the single largest

common-interest group in the U. S., and that you can be sure we will

Remember In November. I will be waiting for your response, indicating what

you are doing to rein in the USDA & NISC, and where you stand on the " clean

list " issue.

 

Sincerely,

 

President Bush speaks on trade:

 

President Bush speaking in New Orleans Jan. 15 2002

http://www.whitehouse.gov/news/releases/2002/01/20020115.html

 

" I'm worried about jobs. And I believe if you trade more, there are more

jobs available for hardworking Americans.

(Applause.) There are some who play politics with the trade issue. They want

to shut down trade. I like to remind people, those who shut down trade

aren't confident. They're not confident in the American worker; they're not

confident in the American entrepreneur; they're not confident in American

products.

 

I'm just the opposite. therefore, we ought to have free and fair trade

around the world. (Applause.) I'm not the only one that feels that way. Some

of the longshoremen that I met coming in said, we need trade so I can keep

working..

 

This isn't a Republican issue, this isn't a Democrat issue. Trade is a jobs

issue. (Applause.) "

 

" Small business is the backbone of the free-enterprise system, and small

business owners embody the American Dream. " President G. W. Bush quoted on a

poster in the Post Office.

 

Direct quotes from USDA Action Plan

 

" Clean list " - Everything not on government approved list banned.

 

Penalties - $1000 for home gardeners, up to $250,000 for nurseries.

Interstate movement of seeds - Prohibited without permit and inspection.

 

Send objections to the USDA

 

Write your representative (Sample letter)

 

What President Bush says

 

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