U.S. Bonsai Importation Pilot Program
Now In Effect

In August 2002, the U.S. Department of Agriculture's Animal Health Inspection Service ("APHIS") published a new regulation in § 319.37-5(q) of the Code of Federal Regulations, effective on September 18, 2002, that substantially restricted the importation of bonsai from foreign countries like Japan and China. Among other things, the new regulation prohibited the importation into the United States of any "artificially dwarfed plant" that had not been grown in the exporting country for at least two years in a special quarantine greenhouse or screenhouse. APHIS took this action to protect against the introduction of longhorned beetles into the United States.

Because the new regulation would have greatly reduced the importation of high-quality bonsai from Asia for at least two years if not longer, in December 2002 the National Bonsai Foundation wrote to APHIS on behalf of U.S. bonsai importers to request that alternative procedures be put into effect. Other participants in this effort included Tom Elias of the U.S. National Arboretum in Washington, D.C., Brussel Martin of Brussel's Bonsai Nursery in Mississippi, Mike Hansen of MBP Bonsai Studio in Texas, David De Groot of the Pacific Rim Bonsai Collection in Washington State, and Dolly Fassio of El Dorado Bonsai School and Enchanted Gardens Nursery in California.

As NBF stated in its December 2002 letter to APHIS, the special pre-entry quarantine growing conditions required by the new regulation did not generally exist in Asia and would have to be put in place. As a result, the new regulation could seriously disrupt the commercial activities of American bonsai importers and adversely affect the advancement of the art of bonsai in the United States.

NBF requested, as an alternative to the pre-entry quarantine requirements of the new regulation, that U.S. bonsai importers be allowed to bring in bonsai if they agree to keep them for two years in post-entry quarantine conditions similar to those required for the exporting countries, with extra precautions to minimize the possibility of accidental release of a harmful pest. In light of the time it would take to amend the new regulation, NBF also requested the establishment of a pilot program under which U.S. bonsai importers could qualify to import bonsai subject to the alternative post-entry quarantine procedures.

In November 2003, APHIS agreed to implement the pilot program pursuant to a new "Containment Protocol for Artificially Dwarfed Tree Imports." Under the pilot program, any bonsai importer is eligible to participate in this pilot program if (i) the state in which the bonsai are to be quarantined agrees to participate in the pilot program, (ii) the importer has available or constructs a screenhouse which meets the specified requirements in the Containment Protocol and is approved by the state and APHIS, and (iii) the importer enters into a Compliance Agreement with APHIS and the state under which the importer agrees to keep the imported bonsai in the screenhouse for two years and comply with other requirements. The State of Mississippi was the first state to allow an importer to participate in the pilot program.

The pilot program will thus allow U.S. bonsai importers who can meet the stringent requirements of the program to continue to import high-quality bonsai from such countries as Japan and China. If all goes well with this pilot program, APHIS will consider amending the regulation to make the program procedures permanent.

Please note that anyone interested in participating in the pilot program must first contact their State Department of Agriculture for approval. If the interested party is approved by the State, arrangements will be made for him/her to receive the Containment Protocol and Compliance Agreement from the United States Department of Agriculture.

We thank APHIS for its cooperation with the American bonsai community in finding a solution that protects the United States against the introduction of harmful pests while allowing the art of bonsai to continue to flourish in this country.

Felix Laughlin
NBF President
Tel: 202-862-1040
Email: flaughlin@bonsai-peace.org