Final fumigated pallet rules expected before end of 2004

WASHINGTON-Importers and distributors using wooden packing materials in their container loads of imported food or kitchenware items will have a minimum of six months to comply with new Animal and Plant Health Inspection Service rules, which are expected to be published by late fall.

APHIS published proposed "guidelines for regulating wood packing material in international trade" May 20, 2003. A final rule, originally anticipated for January and then April, is now expected by late fall, said APHIS Import Specialist Hesham Abuelnaga. He said the final rules are always subject to delay, however.

Once the final rule is published, "there will be enough time to bring all countries into compliance with these regulations," noted Abuelnaga. "There should be no panicking; there will be no less than a six-month grace period."

Unclear about the timing of the final rules, some importers have been rushing to convert to the approved packing materials-a costly endeavor. Suppliers to Power-Selles Imports in Seattle have switched to plastic pallets, said Pere Selles, coowner.

"These are 10 times more expensive than regular pallets," he said. "Plastic pallets hold less weight so you can get less quantity on the pallet and you can only fit a certain number of plastic pallets into the container, so it is less full.

"Logistically, it is a nightmare and it will have repercussions on cost because we can't bring in as much quantity," said Selles.

Trish Pohanka, director of purchasing and marketing for Chicago-based European Imports Ltd., said her suppliers are also rushing to convert to alternative shipping materials out of fear of having their products held up by yet another import regulation.

Having believed the rules were final as of April, Selles was relieved to learn of the pending final rule and the minimum six-month grace period.

"The only problem has been the great ignorance from any source about this subject," said Selles. "And also in Spain, where manufacturers were nervous about it."

The proposed rule laid out APHIS's intention to require all imported wood packing materials to be either heat-treated or fumigated with methyl bromide, in accordance with international guidelines set by the United Nations World Agriculture Association's Phytosanitary Measures of the International Plant Convention of March 2002. The approved packing materials will bear an international stamp of approval.

"These two treatments are efficacious in treating the target pests named in the IPPC Guidelines, i.e. bark beetles, wood borers, and certain nematodes," stated the proposed rule.

"These pests have cost APHIS, state and county officials billions of dollars," noted Abuelnaga.

Other treatments under laboratory evaluation, including fumigation with chemicals other than methyl bromide, chemical pressure impregnation, irradiation and treatment in controlled atmosphere, may be added to the IPPC guidelines in the future.

The proactive switch to legal shipping materials has consequently cost European suppliers hundreds of euros because the often-remote manufacturers and suppliers have had a difficult time supplying the approved wood packing materials.

"For small manufacturers, this is expensive. They pay 10 to 40 euros to get them fumigated," Pohanka said.

Solid wood packing materials are defined in the regulations as "wood packing materials other than loose wood packing materials, used or for use with cargo to prevent damage, including, but not limited to crating, pallets, packing blocks, drums, cases and skids."

Abuelnaga said APHIS received more than 900 comments during the 60-day comment period, which has contributed to delays in releasing a final rule.

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