Reference-005 - Implementation Policy for the Quarantine and Pre-shipment (QPS) Treatment Applications of the fumigant Methyl Bromide in Canada

PDF (446 kb)

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Table of Contents

Contact
Review
Endorsement
Amendment Record
Distribution List

0.0 Introduction

1.0 Scope

2.0 References

3.0 Definitions, Abbreviations and Acronyms

4.0 General Requirements
4.1 Legislative Authority
4.2 Regulated Pests
4.3 Regulated Commodities
4.4 Regulated Areas

5.0 Specific Requirements
5.1 Exports
5.2 Imports
5.3 Domestic
5.4 Prohibitions
5.5 Tracking of Treatments - Import Requirements
5.6 Tracking of Treatments - Domestic Requirements
5.7 Tracking of Treatments - Export Requirements
5.8 Tracking of Treatments - Emergency Treatments
5.9 Documentation - Tracking of Methyl Bromide Treatments
5.10 Inspection Requirements

6.0 Appendices
Appendix 1: Alternatives
Appendix 2: Report on a Quarantine or Pre-shipment Application of Methyl Bromide Tracking Report
Appendix 3: Quarantine and Pre-shipment Treatments

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Contact

The contact for this reference document is Joanne Rousson. For further information or clarification, please contact the Canadian Food Inspection Agency (CFIA).

Review

This reference document will be reviewed every three years unless otherwise needed. The next review date for this reference document is May 29, 2011.

Endorsement

Approved by:

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Joanne Rousson, Plant Health Quality Systems Committee Representative (date)

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Chief, Plant Health Officer (date)

Amendment Record

Amendments to this document will be given consecutive numbers. Amendments to this document will be posted on the CFIA website. With hard copy documents, insert all amendments, remove obsolete pages and ensure the record below is completed.

Number of amendment:	Amended by:	Date of submission for approval of amendment:	Summary of amendment and number of amended section(s) or page(s):

Distribution List

The most up to date version of this document will be maintained on the CFIA [Intranet] and [Internet]. In addition, the signed original will be maintained in the Quality Systems Document Committee Coordinator's office.

National Industry Organizations:

• Canadian Grain Commission (CGC)
• Canadian Wheat Board (CWB)
• Canadian Horticultural Council (CHC)
• Canadian Produce Marketing Association (CPMA)
• Canadian Nursery and Landscape Association (CNLA)
• Chamber of Maritime Commerce
• wood packaging industry via CWPCP Listserv

• Canada Industry/Government Working Group on Alternatives to MB
• Canada/USA Industry/Government Working Group on Alternatives to MB
• Environment Canada (Stratospheric Ozone group)
• Agriculture Canada (Environment group)
• Health Canada - Pest Management Regulatory Agency (PMRA)
• Transport Canada
• Provincial and Territorial Agriculture / Environment Ministries

0.0 Introduction

This reference outlines Canadian and international requirements governing the fumigant methyl bromide when used as a quarantine or pre-shipment (QPS) treatment in Canada. It explains what these treatments are; gives the various responsibilities of the entities involved with the treatments including those of regulatory officials, importers, exporters and pesticide applicators; provides national and international definitions; and provides a mechanism for tracking the methyl bromide used in the QPS treatments applied in Canada. It also states the Canadian Plant Protection program's ultimate desire to eliminate fumigant uses of methyl bromide in Canada wherever possible.

This reference is being issued to inform those who use methyl bromide in Canada about the quarantine and pre-shipment exemptions under the Montreal Protocol on Substance that Deplete the Ozone Layer and of the manner and requirements relating to its use under those provisions in Canada. This is not a new requirement or policy, but is intended to assist in raising and keeping awareness and to promote the seeking for and use of alternatives. Methyl bromide used for QPS applications remains exempt from the phase-out controls of Montreal Protocol on Substances that Deplete the Ozone Layer (1987). The Protocol's definition for Quarantine and Pre-shipment applications are in Decision VII (1995) and Decision XI/12 (1999).

The plant health program of CFIA is encouraging the use of alternatives to methyl bromide. Alternative treatments or systems approaches are accepted as options for all QPS treatments whenever the level of protection is equivalent or better. No additional ‘new' uses for methyl bromide will be considered or introduced for facilitating routine movements of commodities where it has not been traditionally used for such purposes previously in Canada, nor will it be routinely accepted as a treatment of choice for facilitating imports or other shipments without first having given serious study and consideration to alternative strategies or alternative treatments.

The long term goal is to find acceptable alternatives for all the existing Canadian methyl bromide prescriptions in the policy directives for QPS treatments for which there are not yet appropriate efficacious alternatives available. In addition, a goal is to cooperate in the pursuit of emissions containment in Canada for all QPS treatments undertaken in Canada until such time as methyl bromide is no longer needed for such treatments. Methyl bromide used for QPS purposes will be scrutinized so that it is used judiciously only in situations where immediacy of containment of potentially mobile quarantine pests is crucial and no other alternatives are feasible in the circumstance to prevent escape. The amounts and the reasons for using QPS methyl bromide will be tracked and inventoried on an annual basis. See Appendix 1 for information on alternatives and background.

1.0 Scope

This reference was developed for use by regulatory officials, pest control applicators, importers, exporters and any other persons who have an interest is using methyl bromide as an official regulatory treatment for QPS purposes in Canada.

2.0 References

Montreal Protocol on Substances that Deplete the Ozone Layer (1987), under The Vienna Convention for the Protection of the Ozone Layer (1985) http://www.unep.org/ozone/treaties.shtml

D-99-06, 1st Revision, 30 September 2003 "Policy on the Issuance of Phytosanitary Certificates" (in particular paragraph 5.2.5 - Treatments) http://www.inspection.gc.ca/english/plaveg/protect/dir/d-99-06e.shtml

Plant Protection Manual - Export Inspection (1989), Section 1.4.7.1.2 Treatment

All International Standards for Phytosanitary Measures (ISPMs) and in particular the following http://www.ippc.int/IPP/En/ispm.jsp

ISPM No. 1 Phytosanitary principles for the protection of plants and the application of phytosanitary measures in international trade (27th session, FAO, November 1993; CPM April 2006)

ISPM No. 5 Glossary of phytosanitary terms (2007)

ISPM No. 5 Supplement No. 1. to ISPM No. 5 Guideline on the interpretation and application of the concept of official control for regulated pests.

ISPM No. 5 Supplement No. 2. to ISPM No. 5 Guidelines on the understanding of "potential economic importance" and related terms including reference to environmental considerations.

ISPM No. 14 The use of integrated measures in a systems approach for pest risk management (March 2002)

ISPM No. 16 Regulated non-quarantine pests: concept and application (March 2002)

ISPM No. 17 Pest Reporting (March 2002)

ISPM No. 28 Phytosanitary Treatments for regulated pests (2007)

3.0 Definitions

Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.

4.0 General Requirements

4.1 Legislative Authority

The Plant Protection Act, S.C. 1990, c. 22
http://laws.justice.gc.ca/en/P-14.8/index.html

The Plant Protection Regulations, SOR/95-212
http://laws.justice.gc.ca/en/P-14.8/SOR-95-212/index.html

Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part 1 (05/13/2000)

The International Plant Protection Convention (IPPC) http://www.ippc.int/IPP/En/model_letters.jsp

Montreal Protocol on Substance that Deplete the Ozone Layer (MP) http://www.unep.org/ozone/montreal.shtml http://www.unep.org/ozone/Treaties_and_Ratification/index.asp

Canadian Environmental Protection Act (CEPA 1999) "An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development." http://www.ec.gc.ca/CEPARegistry/the_act/

and the

Ozone Depleting Substances Regulations (ODSR) http://www.ec.gc.ca/CEPARegistry/regulations/ http://laws.justice.gc.ca/en/C-15.31/SOR-99-7/70253.html#rid-70261

Pest Control Products Act 2002 "An Act to protect human health and safety and the environment by regulating products used for the control of pests" http://www.hc-sc.gc.ca/pmra-arla/english/legis/pestcont-e.html

Provincial and Territorial Pesticides Acts

Provincial and Territorial Phytosanitary Statutes

Foreign Plant Quarantine Import Regulations (FPQIR) (see D-99-06)

Foreign Non-quarantine Regulated Plant Pest Import Legislation (see D-99-06 and ISPM No. 16)

4.2 Regulated pests

Quarantine pests for Canada, as noted in the Plant Quarantine Import Regulations (PQIR) of Canada. Also the List of Pests Regulated by Canada made in accordance with Section 29.(2)(a) of the Plant Protection Regulations
http://www.inspection.gc.ca/english/plaveg/protect/listpespare.shtml.

Pests noted in the CFIA Plant Health Policy Directives or official documents
http://www.inspection.gc.ca/english/plaveg/protect/dir/directe.shtml.

Quarantine pests of foreign countries as noted in their PQIRs.

Regulated non-quarantine pests (RNQP) which are certain non-quarantine pests noted pursuant to official requirements that may include a mandated specified methyl bromide treatment by the regulating Parties. These requirements may be promulgated at sub-national legislative levels (provinces, States, municipalities).

Other pests as may be determined from time to time.

4.3 Regulated Commodities

All commodities, conveyances or things upon import, export or movement within Canada which are officially required to be treated using methyl bromide.

4.4 Regulated Areas

Canada and any country where there is an official quarantine or pre-shipment methyl bromide treatment requirement promulgated in the FPQIRs or in other official national or sub-national phytosanitary legislation. (s. 55, s. 56 and s. 57 Plant Protection Regulations.)

5.0 Specific Requirements

5.1 Exports

Methyl bromide quarantine treatments on exports from Canada shall only be conducted and may only be certified on phytosanitary certificates when the treatment is officially required by and has been prescribed by the National Plant Protection Organization (NPPO) of the importing country in their PQIR or other official documents. Pre-shipment export treatments may only be considered as exempted from phase-out controls of the Montreal Protocol when the importing country has published official phytosanitary requirements which prescribe the methyl bromide treatment.

The only existing (i.e. dating from 1995) Canadian required export pre-shipment methyl bromide treatments which may be authorized by an Inspector for application in Canada are in empty ship holds in vessels designated to carry Canadian grain and grain products which are regulated under the Canada Grains Act. However, every effort should be made to use an alternate fumigant in most circumstances. Methyl bromide should be considered for use only when there are extenuating circumstances such as where there is imminent danger of a quarantine or very uncommon storage pest for Canada escaping from the ship holds.

5.2 Imports

On arrival methyl bromide quarantine treatments on imports into Canada may only be authorized by a Plant Protection Inspector duly designated under the Canadian Food Inspection Agency Act. Such treatment orders must be documented (section 17 & 18, Plant Protection Regulations, Treatment or Processing of a Thing or Place). Generally such treatment orders will be promulgated as enforcement actions to address non-compliance with Canada's PQIR or due to the detection of, or because of reasonable suspicions for the actual presence of a quarantine pest at the time of arrival of things in Canada. On-arrival methyl bromide treatments shall not be undertaken as a routine precaution for normal importing. Any necessary precautions must have been taken at origins before despatch of things to Canada (section 38, Plant Protection Regulations, Treatment or Processing).

5.3 Domestic

QPS methyl bromide treatments shall only be undertaken in order to comply with requirements specified in Movement Certificates or with other official phytosanitary programs being implemented in Canada.

5.4 Prohibitions

Methyl bromide obtained and used in Canada for a QPS application is to be used only for the express purpose of applying an officially required and documented QPS treatment. Only amounts of methyl bromide that were used in Canada for the purpose of an official QPS application shall be inventoried and reported for tracking as QPS methyl bromide in accordance with this policy.

The importation of methyl bromide is controlled by Environment Canada under the Canadian Environmental Protection Act (CEPA) since methyl bromide is deemed to be a controlled substance. The pesticide use of methyl bromide in Canada is governed by the Pest Control Products Act (Canada) (PCPA) and the relevant provincial and territorial pesticide legislation. Therefore, methyl bromide pest control products must be registered under the PCPA and all label requirements must be respected by users. The provinces and territories can impose further requirements to restrict or prohibit the use of PCPA registered products. For example, they may require pesticide use permits and regulate the training, certification and licensing of pesticide applicators and vendors. Generally the provinces require applicators of methyl bromide (a restricted class pesticide) to be permitted/certified/licenced pest control operators. They may then be eligible to apply methyl bromide but only in accordance with the terms and conditions of their permits/certifications/licences. Municipalities may impose further restrictions.

Only properly permitted/certified/licenced pest control operators may apply a methyl bromide QPS treatment; and then only within the confines of any CFIA policies, standards or requirements which may be relevant or applicable to the methyl bromide treatments. Also all applicable occupational health and safety (OHS) requirements must be adhered to and respected in addition to the above pesticide statutes (national, provincial or local municipal). The treatments must be applied in accordance with the official labels for the methyl bromide formulary used and according to the prescribed treatment schedule and conditions for the quarantine or pre-shipment treatment.

5.5 Tracking of Treatments - Import Requirements

All QPS methyl bromide treatments applied to imported commodities, conveyances, containers, packing material or any other thing officially required to be treated with methyl bromide to mitigate the presence of a quarantine pest must be tracked and the total amount of methyl bromide used must be recorded (Appendix 2). The requirement to treat must have been specified in a regulation, a specific import permit, a regulatory policy directive, or it must be officially and formally ordered by an Inspector in response to an urgent quarantine enforcement situation such as the actual detection of quarantine pests upon arrival and due to the imminent dangers of a quarantine pest escaping containment before another treatment or disposition action can be implemented. The specific authority must always be mentioned. The circumstances and the reasons for needing the treatments should be reported to the exporting country (ISPM No. 17). Routine treatment of import shipments upon or after arrival is not allowed (s. 29 Plant Protection Regulations, Importation Requirements). These official methyl bromide treatments or other mitigation treatment or measures must have been applied and taken at origin in order to prevent the introduction of pests into Canada.

5.6 Tracking of Treatments - Domestic Requirements

All QPS methyl bromide treatments applied to domestic shipments, things, conveyances or places must be required because of an officially promulgated Regulatory Directive otherwise such treatments do not qualify as QPS. All such treatments must be tracked and the total amount of methyl bromide used must be recorded and the specific authority must be identified (Appendix 2).

5.7 Tracking of Treatments - Export Requirements

All QPS methyl bromide treatments applied to export shipments or empty ships holds must be tracked and the total amount of methyl bromide used must be recorded. Treatments that were applied, but were not specifically done to meet the official import requirements do not qualify as either quarantine or pre-shipment treatments. The requirement to treat must derive from an official requirement for a methyl bromide treatment pursuant to an FPQIR and this authority must be identified and provided in the tracking process. Treatments are only entered on a Phytosanitary Certificate when they are required by the importing country (a condition of entry). Information to be supplied includes the date (date application commenced) and the treatment, a basic description of the process involved. The treatment must be noted on the phytosanitary certificate and the phytosanitary certificate number must also be recorded along with the amount used in the tracking report (Appendix 2).

5.8 Tracking of Treatments - Emergency Treatments

All amounts of methyl bromide used in the event of a declared quarantine emergency will be reported upon as soon as practicable after the emergency in the event they are not captured within another existing regulatory program.

5.9 Documentation - Tracking of Methyl Bromide Treatments

Every QPS methyl bromide treatment application must have a tracking report prepared for it (Appendix 2). The reports must be completed and filed appropriately, either electronically or hard copy, with the CFIA no later than 30 days after the treatment.

5.10 Inspection Requirements

Any QPS methyl bromide treatment required by the NPPO of the importing country as a condition for entry must be verified by the inspection staff in accordance with relevant official standards, policies or standard operational procedures. Details on the treatment are to be entered on the Phytosanitary Certificate in the space provided for treatment, unless the FPQIR specifically requests an additional declaration to be made.

Any treatments required for import or domestic purposes must be supervised or verified effective by inspection staff in accordance with relevant official inspection policies and procedures.

6.0 Appendices

Appendix 1: Alternatives
Appendix 2: Report on a Quarantine or Pre-shipment Application of Methyl Bromide tracking report
Appendix 3: Quarantine and Pre-Shipment Treatments

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Appendix 1

Alternatives

A matrix of methyl bromide alternatives can be found at: http://ozone.unep.org/teap/Reports/MBTOC/index.asp under the title "Index to Methyl Bromide Alternatives discussed in TEAP and Methyl bromide TOC Reports" (MATX2005[1].xls). "This set of spreadsheets provides an index to methyl bromide alternatives discussed in the 1994, 1998 and 2002 Assessment Reports of the Methyl Bromide Technical Options Committee and updates in the Reports of the Technical and Economics Assessment Panel up to and including TEAP May 2002. For preplant treatments, the index has been updated to include TEAP May 2005." This list may be useful for those seeking a potential alternative for a QPS methyl bromide treatment.

Canada along with Bolivia, Burundi, Chile, Colombia, Denmark, Ghana, Iceland, Namibia, Netherlands, New Zealand, Romania, Switzerland, Uruguay and Venezuela made a Declaration¹ in Montreal in 1997, at the 9th Meeting of the Parties (MOP), on the 10th anniversary MOP to the Montreal Protocol. It was based on Environment Canada's estimate of the economic benefits associated with reduced UV-B exposure being in the order of $459 billion. This was the year the Parties adopted an accelerated methyl bromide phase out schedule (from 1995 version). The declarants "pledge(d) to promote sustainable alternatives to methyl bromide in our own nation and worldwide."

At MOP 12 (2000) in Ouagaougou, Burkino Faso² an Ouagadougou Declaration at the Twelfth Meeting of the Parties to the Montreal Protocol was made. Segments of the declaration are quoted below.

"We, Ministers of Environment and head of delegations of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer:
Having ...
Declare the following 1. ...
7. We invite the Parties to integrate ozone layer protection into socio-economic development programmes;
8. We encourage all Parties to adopt and apply regulations and pursue awareness-raising campaigns for the public and all stakeholders who use ozone-depleting substances, and encourage the adoption of more environmentally sound alternatives
9. ..."

Footnotes:

1. Report of the 9th Meeting of the Parties to the Montreal Protocol and Substance that Deplete the Ozone Layer , Annex XII, in Montreal 1997

2. Decision XII/18 (2000) and Annex IV, Ouagadougou Declaration in Report of the 12th Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer

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Appendix 2

Report on a Quarantine or Pre-Shipment Application of Methyl Bromide
(for Canadian Government staff use only)

CFIA Office Reporting: ______

Local Control Number - Methyl Bromide Report Number: (January-December) YEAR 200*

1. Report form is available at O:\APHD\PPD\GFCrops\MBR\200*\Methyl bromideR-RptEng.wpd

2. Post electronically or E-mail (dlaidlaw@inspection.gc.ca) or Fax (613-228-6606) each completed report to Dorothy Laidlaw, CFIA in Ottawa

Field	Information Required
1	Commodity: can use proper HS code if appropriate and available OR by name, being as specific as possible, e.g. dunnage, lumber of spp, grain (type, in a hold/elevator), flour, cut flowers, pine nursery stock, seeds, fruit of ___, plants of spp ___, packaging (give type), household effects (furniture) etc. Conveyance (i.e. space fumigation): e.g. ship or ship hold(s) (with ship name and voyage number), railcar (ID #), containers (ID #) Facility (i.e. space fumigation): name and location of the facility not normally quarantine, depends on target pests and whether or not exports are involved (PP Reg's. Sections 58, 59, 60) e.g. warehouse, storage place, mill, elevator, other
2	SECTORS I = Import from country (to Canada) E = Export to country (from Canada) RE = Re-export to a country (State for US) / from original country / via Canada) D = Domestic movement to province, or regulated area T = Transiting Canada (usually to USA) QA = quality assurance for ___ (e.g. ship holds used for Canadian grain or grain products exports)
3	Origin of Import from country Destination of Export to country or State if to USA Destination of Re-export to country / and original origin of import (via Canada is implied) Domestic destination to province / place Destination for Quality Assurance (not a quarantine requirement but pre-shipment requirement related to phytosanitary needs)
4	Official Canadian or foreign regulatory authority for requirement(s) mandating or requiring use of methyl bromide be as specific as possible e.g.: CDN or Foreign Q legislation (Regulation, Schedule, Order, Decision, Derogation etc.) D-memo (by #, date, version), official manual, procedure etc. Canadian PQIR for commodity ___ Foreign PQIR (by country) Permit (by country of issue, #, date) ship inspection - PP Regs. (s. 58, 59) Official Standard (name it, country) any other relevant enabling official documentation used (e.g. sub national statutes)
5	The related CFIA Operations official documentation for tracking the involvement with respect to the Quarantine (Q) or pre-shipment (PS) application treatments this is the actual "proof" that CFIA required, ordered or mandated the treatment it relates to the authorities above the goal is to be able to link or match each QPS application/treatment to CFIA Operations authorization(s) such as an official action, order, delegation of authority to treat etc.; must be official, no ad hoc processes are acceptable e.g.: any official CFIA form or document relating CFIA order(s) or advice to treat with methyl bromide any other traceable official CFIA record which provides the link to the methyl bromide application and which can be used for follow up, internal verification or audit purposes
6	name of Q pest(s) or other pests targeted use Latin name, a standardized CFIA acronym and appropriate common name(s) if name(s)are not known give some indication of targets of the treatment e.g.: Khapra beetle, OFM, BM, ALB, AGM, GN wood infesting insects in untreated/uncertified dunnage from _____ infested ship hold
7	Applicator's unique fumigation certificate number identifier
8	Date of Applicator's fumigation certificate
9	Report total amount of methyl bromide used in the treatment, preferably in kilograms
10	Indicate the rate, duration, and temperature for the application
11	Indicate the dates treatment commenced and was completed
12	Official provincial License number of applicator and the name of the Pest Control Operator's Company and their Licence number if applicable
13	Anything pertinent, especially the actual reason for treating and any other relevant information. Codes below are for use of CFIA only. e.g.: LI = live insects found LI/SH = Live insects found / in ship hold SLI = signs live insects (e.g. fresh frass) LM = Live mollusc EB = excessive bark found soil = excessive soil soil/PW = soil in field for PW UAT = unapproved treatment UAT/PH = unapproved treatment/phosphine UAT/O = unapproved treatment/other IT = ineffective treatment (i.e. live insects found) IT/MB = ineffective treatment/methyl bromide IT/H-KD = ineffective treatment/heat or Kiln drying IT/PH = ineffective treatment/phosphine IT/SF = ineffective treatment/sulfuryl fluoride IT/O = ineffective treatment/other (indicate the treatment if possible) IC = improper certification IC/MB = improper certification/methyl bromide IC/H-KD = improper certification/heat or kiln drying IC/UT = improper certification/untreated IC/O = improper certification/other (indicate what the problem was) FLU = Foreign Legislation Unit D = domestic DM = domestic mandatory DD = domestic discretionary NC = not certified NC/LI = not certified/live insects found NC/EB = not certified/excessive bark NT = not treated PQIR/xxx = PQIR ISO country code

 

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Appendix 3

Quarantine and Pre-Shipment Treatments

Definitions from Montreal Protocol on Substances that Deplete the Ozone Layer and in Canadian Environmental Protection Act 1999, Ozone Depleting Substances Regulations (1998 as amended)

Quarantine Treatments

Montreal Protocol Decision VII/5 (1995):  "Quarantine applications" with respect to methyl bromide are treatments to prevent the introduction, establishment and/or spread of quarantine pests (including diseases), or to ensure their official control, where: (i) Official controls is that performed by, or authorized by, a national plant, animal or environmental protection or health authority; (ii) Quarantine pests are pests of potential importance to areas endangered thereby and not yet present there, or present but not widely distributed and being officially controlled

CEPA ODSR (1998):  "Quarantine application" means the treatment, with methyl bromide, of a commodity, product, facility, or means of conveyance where the treatment is intended to prevent the spread of, or to control or eradicate, pests of quarantine significance and is required by the laws of an importing country as a condition of entry or by or under Canadian law.

Pre-shipment Treatments

Montreal Protocol Decision XI/12 (1999):  That pre-shipment applications are those non-quarantine applications applied within 21 days prior to export to meet the official requirements of the importing country or existing official (i.e. in 1995) requirements of the exporting country. Official requirements are those which are performed by, or authorized by, a national plant, animal, environmental, health or stored product authority.

CEPA ODSR (1998 as amended):  "Pre-shipment application" means the treatment with methyl bromide, within 21 days prior to export, of a commodity or product that is to be entirely exported to another country, or of a means of conveyance, where such treatment is required by the importing country or in support of Canada's sanitary or phytosanitary export programs.