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Legal, Political, Ethical Dimensions of Business – Week 2 Assignment

Importation of Citrus From Peru; Expansion of Citrus-Growing Area

1. Agency:
The administrative agency that controls the Importation of Citrus From Peru is The Animal and Plant Health Inspection Service under the United States Federal Register Agency.
Introduction:
This case interests me because of the recent findings in the documents of Pest List and Commodity Import Evaluation that would allow the importation of citrus fruits from the entire country of Peru while providing protection against pests instead of only importing citrus from five citrus producing zones in Peru as currently being allowed.
This regulation would open the doors for new businesses in different zones in Peru to compete for the best produce, best prices and introduce new types of citrus fruits. Resulting in lower prices for super market customers, which is my main concern and my business’s benefit.

2. Proposal:
Based on the conclusion of the Pest List and the Commodity Import Evaluation document, The National Plant Protection Organization (NPPO) of Peru has requested from Animal and Plant Health Inspection Service to modify the regulation to allow citrus fruit importation from the entire country of Peru into the United States.
Currently the importation of citrus into the United States from Peru is limited to five approved growing areas to prevent the introduction and dissemination of plants pests in the United States.
Recent evaluation list under Peru’s request was prepared for the pest list titled “Pest List for the Importation of Fresh Commercial Citrus Fruit” stating that the same four fruit flies Tortricid identified in the 2003 pest risk assessment following the pathway of citrus fruit from the entire country of Peru to the United States. Also, commodity import evaluation document to asses the risks associated with the importation of citrus from all areas and zones in Peru and provide a recommended mitigation to prevent the introduction and spreading of plant pests and dieses.

3. Public Comment:
Both The Pest List and The Commodity Import Evaluation documents have to be reviewed and approved by the concern departments and parties. After approval, the entire country of Peru (farmers) must have the right to export citrus to The United States especially that studies shows that the proposed rule will increase the area in Peru to produce citrus to 1,500 hectares over three years. Expected volumes of citrus to be shipped to The United States are 5,000 metric tons in the first year, 6,500 metric tons in the second year and 8,000 metric tons in the third year. That if the rule is in effect!
Keep in mind that these quantities are equal to less than 1 percent of annual United States citrus production of United States citrus imports.
I am in favor of this proposal as this is a huge economical boost for both countries and should be treated fairly and not to be taken easily.

4. Dates:
The deadline for public comments must be made before June 30th, 2015.

5. a. Legal Theories: Ways to have the regulation declared invalid and overturned in court to challenge and agency would be: 1. The rule is arbitrary, capricious and abuse of discretion. Looking for any violations of existing law and bring it into attention. 2. Unsupportive regulation by substantial evidence. 3. Agency did not follow APA or did not apply with the APA requirements. The procedure for rule making must follow each step. (Flawed procedure in passing the rule) 4. The rule is unconstitutional. There has to be an evidence that the regulation is unconstitutional or that it breaks any part of the constitution. 5. The rule is ultra vires. Where the rule goes beyond the authority provided or given to the agency by its enabling act. b. Personally, I would not want the regulation to be overturned nor challenged. As I strongly believe that all businesses (farms) should be given the chance to compete and show their products to all markets and not to be controlled by old laws especially when it comes to science and technology. If I have to choose a way to challenge the regulation it will be through not providing approved scientific results as substantial evidence.