Issue 7, February 2008
Good news for Germplasm - HSNO is here to help
Welcome to the seventh edition of Germplasm News. The objective of this newsletter is to provide people with an interest in importing new plants species into New Zealand with information about how to successfully engage with the Hazardous Substance and New Organisms (HSNO) Act 1996.
Understanding the Plants Biosecurity Index
Background
Before the HSNO Act was introduced, the Ministry of Agriculture and Forestry (MAF) developed a list of plant species considered to be most likely present in New Zealand. This was necessary because under the HSNO Act, any organism not present in New Zealand once the Act was introduced would be considered ‘new’ and would require HSNO Act approval for its importation. The list of plants developed by MAF was at best a snap-shot of what is present in New Zealand and is continually being added to. The list has evolved into the Plant Biosecurity Index (PBI), which is a working list used by importers and MAF Quarantine staff at the border to check whether plants are listed, and may be imported under an Import Health Standard (IHS). The PBI is not a definitive list of species present in New Zealand and it is accepted that there are species which are present in New Zealand and not on the list. This means they cannot be imported into New Zealand until ERMA New Zealand has sighted evidence of the species presence in New Zealand, the name has been added to the PBI and an IHS assigned. Both ERMA New Zealand and MAF acknowledge that the list is incomplete and are very keen to see species added where evidence of their presence in New Zealand exists. This article provides helpful hints for searching the PBI and provides advice on how to have a species believed to be present in New Zealand added to the PBI.Searching the PBI
The PBI can be found on the MAF website at the following link http://www.maf.govt.nz/cgi-bin/bioindex/bioindex.pl. There are different ways of searching the PBI, details of which are available on ERMA New Zealand’s website at http://www.ermanz.govt.nz/no/pbi.html. The most common search will be a search on a plants scientific name. You can enter the genus and species name to get a direct result but if you are unsure of the correct spelling you may just want to enter the first few letters of the genus, the species or both. If the plant is listed on the PBI, no further ERMA New Zealand approval for importation is required, but more assessment by MAF may be required.A successful search will display information about the Import Specifications for Seeds and Nursery Stock listed in the MAF Biosecurity Standard. If there is an IHS for importing seeds or nursery stock of the species, the IHS number will be listed to the right of the species name. If you click on the link, you will be directed to the IHS where you can check the entry conditions. If there is no IHS developed for a given plant species, then the term “assessment required” will be listed to the right of the species name and you will need to contact MAF for further discussion.
If the species you need is not listed on the PBI, then it is not currently recognised as present in New Zealand under the HSNO Act and an ERMA New Zealand approval is required as the first step towards importation. If you believe you have sufficient supporting evidence, there is a process for getting a plant added to the PBI, which is outlined below.
Updating the PBI
If there is sufficient evidence that the species was present in New Zealand prior to 29 July 1998, the process for adding a species to the PBI is quite simple. Applicants can either apply for non-statutory advice (recommended) or a statutory determination (Section 26).A. Non-statutory advice
This process is used when there is clear, indisputable evidence that the plant was present in New Zealand prior to the introduction of the HSNO Act. ERMA New Zealand does not charge a fee for giving non-statutory advice.
Step 1: The applicant supplies ERMA New Zealand with evidence that the plant was present in New Zealand prior to 29 July 1998. Evidence needs to include one or more of the following:
• Import documentation
• Sales or exhibition catalogues (from New Zealand)
• Scientific journals
• Signed statements (witness by a JP) from persons in possession of the species
• Statements from authoritative experts
Step 2: The evidence is reviewed by ERMA New Zealand staff and a recommendation given to the Chief Executive of ERMA New Zealand.
Step 3: The Chief Executive makes a decision.
Step 4: The applicant is advised of the decision.
Step 5: If the plant is deemed to be present in New Zealand, MAF will be advised to add the species to the PBI. If the species is considered not to be present in New Zealand, then you will need to contact ERMA New Zealand (NewOrganisms@ermanz.govt.nz) to discuss the process for applying to import a new species
B: Statutory determination (section 26)
This process can be used if requested by an applicant or if there is insufficient verifiable evidence to establish presence/absence through the non-statutory pathway. There is a charge of $1125.00 (GST incl.) payable to ERMA New Zealand for this type of application.
The statutory process involves the applicant completing a Section 26 application form and paying the required fee. The same evidence is required for a statutory determination as for non-statutory advice. The application will be reviewed by ERMA New Zealand Agency staff and then the Authority will make a decision.
If the species is considered not to be present in New Zealand, then you will need to contact ERMA New Zealand (NewOrganisms@ermanz.govt.nz) to discuss the process for applying to import a new species.
MAF and ERMA New Zealand Responsibilities
There is often confusion between MAF Biosecurity and ERMA New Zealand’s responsibilities for import systems, including the PBI. ERMA New Zealand is the regulatory agency that makes decisions on the introduction, importation, containment, development or release of new organisms under the HSNO Act. MAF Biosecurity New Zealand is the lead agency in New Zealand’s biosecurity system. Their role is to prevent unwanted pests and diseases (also called hitchhikers or incidental organisms) associated with the new plant species being imported, and to control, manage or eradicate them should they arrive. MAF Biosecurity New Zealand is also responsible for enforcing the HSNO Act, i.e., preventing the importation of new organisms that do not have HSNO Act approvals.To determine if a plant species can enter New Zealand, MAF border staff must check both the PBI to determine if the species is already present in New Zealand and check the relevant IHS to make sure the shipment meets Biosecurity requirements. If the shipment does not meet both requirements, it will be held at the border and cannot be released until both requirements are met or the importer may be required to re-ship or destroy the consignment. It is essential that you check that the plant species meets both Biosecurity and ERMA New Zealand requirements before importation. The PBI is a good place to start but you can also contact MAF or ERMA New Zealand for further information.
Contact Details
Contact ERMA New Zealand (NewOrganisms@ermanz.govt.nz) for:• Questions on whether a species is considered present in New Zealand.
• If you have difficulties when importing a plant and the difficulties relate to the HSNO Act requirements. For example, if MAF advises that the species is not listed on the PBI or is not recognised as present in New Zealand.
Brenda Pottinger
Environmental Risk Advisor, New Organisms
Brenda.Pottinger@ermanz.govt.nz
(04) 9184797 Contact MAF Biosecurity (imports@maf.govt.nz) for:
• Questions about IHS or import permits.
• Assistance with product being detained at the New Zealand border.
• Comments on how the PBI can be improved. This paper was written for the Plant Imports Action Group in association with ERMA New Zealand and MAF Biosecurity.