Invasive Species and the Wooden PalletOne Step: From Problem to Solution

Bruce Scholnick, PresidentNational Wooden Pallet and Container Association

Overview

Enables raw materials, agriculture, manufactured goods, to move economically and efficiently Over 87% of shipped goods are transported on a wooden platform More than 1.2 billion wooden pallets in U.S. daily

Wood Packaging vs. Alternative Materials

Wooden pallets: Cost efficient, repairable, recyclable, sustainable material available Regrettable statement: “Were there no wooden pallets there would be no wood invasive species” (From APHIS –

Environmental Impact Study) Alternatives are not a viable substitute

Stemming the Tide of Pest Migration

Emerald Ash Borer (EAB): One of many invasive speciesPatchwork approach applied after each infestation will not workPallet makers do not know destinationCustomers will not sort in-state vs. out-of-quarantine

National Program

Effective Treatment Program

EU emergency regulationsISPM 15 – 99.9% success rate (1/10 of 1% interception rate world-wide is reported)APHIS/NWPCA/ALSC: administration, enforcement, monitoring “Serum” for international inoculationIndustry begging “regulate us NOW”

Questions Needing Answers

BenefitsResponsibility for compliance where it belongs – with pallet providersMarket confusion would endAlternative material manufacturers would stop using existing confusion to market costly, environmentally harmful productsHaving removed solid wood packaging from the invasive species equation, APHIS can focus on the other pathways

Reaction to NWPCA Initiative

Customers: FavorableIndustry: FavorableEnvironmental Groups: FavorableUSDA/APHIS: Favorable

So what is the problem?

Analysis of the National Plant Protection Act and Legal Authority for Preemptive Measures

Section 7711(a) of Title 7 the United States Code provides that “no person shall import, enter, export, or move in interstate commence any plant pest, unless the importation entry, exportation, or movement . . . is in accordance with such regulations as the Secretary may issue to prevent the introduction of plant pests into the United States or the dissemination of plant pests within the United States.”

Analysis of the National Plant Protection Act and Legal Authority for Preemptive MeasuresSection 7712(a) provides that “The Secretary may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, article, or means of conveyance, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the dissemination of a plant pest or noxious weed within the United States.”

Analysis of the National Plant Protection Act and Legal Authority for Preemptive Measures

be subject to remedial measures the Secretary determines to be necessary to prevent the spread of plant pests . . .”

Analysis of the National Plant Protection Act and Legal Authority for Preemptive Measures“No State or political subdivision of a State may regulate the movement in interstate commerce of any . . . means of conveyance . . . in order to control a plant pest . . . or prevent the introduction or dissemination of a . . . plant pest . . . if the Secretary has issued a regulation or order to prevent the dissemination of the . . . plant pest . . . within the United States.”

Two Steps Forward…One Back

December 12, 2007 – Continental Dialogue on Non-Native Forest Insects and DiseasesDecember 20, 2007 – APHIS/USDA

December 20, 2007 MeetingProposed Roll-Out of National Solid Wood Packaging National Treatment Program

Five objectives inherent in the proposal:

Immediately address APHIS concerns regarding the spread of the Emerald Ash Borer from the four quarantine states into surrounding states in danger of infestation.Allows heat treating equipment manufacturers to time to build their capacity up consistent with a program roll-out.Assists pallet and container manufacturers/repairers to become prepared and realize what is definitely going to be the impact of the national treatment program. Give inspection agencies time to hire and train personnel for the increased compliance inspections. Allows an education phase for those not in a quarantine area -- both pallet provider and user.

Where We Go From Here…

Public ForumHT Capacity SurveyGovernment Lawyers to Address Prevention

Risk Assessment Economic Analysis

To Be Continued…

BUT it will happen.