811.612 Grapes/Spain/145
The Secretary of State to the Spanish Ambassador (Padilla)
Excellency: I have the honor to refer to your note of May 11, 1927,71 and to other correspondence concerning American quarantine measures as applied to Spanish agricultural and fruit products, with particular regard to the quarantines upon the importation of Spanish grapes, oranges and tomatoes into this country.
As I informed you under date of August 10, an expert of the Federal Horticultural Board, Dr. Max Kisliuk, was sent, in accordance with the request of your Government, to examine the situation in Spain as regards the infestation of the fruit growing areas in Spain by the Mediterranean fruit fly.
Dr. Kisliuk has now returned and after consideration of his report, the Department of Agriculture has written to this Department under date of December 3 making a comprehensive statement of its position regarding quarantine measures as applied to Spanish agricultural and fruit products. The text of that letter reads as follows:
“You are advised that, in accordance with the request of the Spanish Embassy, Mr. Max Kisliuk, Jr., an inspector of the Federal Horticultural Board of this Department, was authorized to make a resurvey of the fruit fly situation as affecting the Malaga or green export grape produced in the Province of Almeria. This survey, now completed, was made in cooperation with the Spanish officials and inspectors throughout.
“The result of the survey fully determines that the Mediterranean fruit fly still exists throughout the grape districts of Almeria, including the special districts where more or less intensive cleanup operations were undertaken. It is evident, therefore, that the action of this Department in excluding such grapes from the American market is justified, and can not be modified without the assumption of serious risk of introducing this fruit fly into the United States.
“The Department believes that the cooperation, referred to, of Spanish officials in the survey has made it clear to such officials that the restriction enforced by this Department re grapes has a definite basis in pest risk.
“Incidental to this investigation of the grape situation, and at the request of the Spanish authorities, Mr. Kisliuk was authorized to make an investigation of the tomato industry of the Canary Islands, with the object of determining whether there was any risk from fruit fly or other pests from the importation of such tomatoes into the United States. In explanation, it may be stated that there is no restriction on the entry of tomatoes from Spain or any of its possessions, other than the requirement of the presentation of evidence satisfactory to this Department that such tomatoes are not attacked in the country of [Page 738] origin by injurious insects, including fruit and melon flies, and it should be noted that this requirement applies to imports of vegetables from all countries. The investigation of the tomato cultures in the Canary Islands was carried out very intensively, in cooperation with Spanish authorities, and resulted in failure to find any evidence of infestation of tomatoes by the Mediterranean fruit fly, although this fly was very abundant in the Islands, heavily infesting the orange and other fruits. The results of this survey can, therefore, be accepted as meeting the condition referred to above, namely, evidence satisfactory to the Department that the Mediterranean fruit fly does not attack the tomato in the Canary Islands. The examinations made incidental to the investigations of the grape in continental Spain also indicated a like freedom from fruit fly infestation of tomatoes.
“Somewhat in summary, therefore, and with respect to the more important of the possible fruit and nut exports from Spain to the United States, you are advised as follows:
- (1)
- The situation with respect to grapes and oranges in Spain remains such as to make it, in the judgment of this Department, unwise to permit the entry of such fruits into the United States.
- (2)
- The entry of tomatoes from the Canary Islands or from Spain will be authorized, under permit, on application of importers, with such provision for inspection at point of entry as is given to all fruits and vegetables entering the United States. It should be made clear, however, that such authorization must be conditioned on the continued freedom of such tomatoes from injurious insects, including fruit and melon flies.
- (3)
- With respect to chestnuts and other nuts, there are no embargoes or restrictions on the entry of such products, other than the requirement that if infested they shall be so treated in the country of origin as to kill any infesting insects. Furthermore, for this year, in accordance with arrangements which have been made with Italy, any chestnuts arriving from Spain, even though infested, will be permitted entry under the condition of treatment in such manner as will destroy the infesting insects. You are advised that such treatment at port of entry has already been given to a very large number of shipments of Italian chestnuts and has been effective in destroying certain infesting insects. It should be noted that the cost of such treatment must be met by the importer and that the latter must also assume responsibility for any damage to the imported article.
“With respect to the entry of other plant products from Spain, it may be noted that Quarantine 56,72 under which the entry from all foreign countries of fruits and vegetables and other plant products is restricted, releases from any restrictions—even of permit—dried, cured, or processed fruits and vegetables, including dried products, cured figs, dates, and raisins, etc., nuts and dry beans, peas, etc., except only when the determination has been made by this Department, and due notice of such determination has been given, that the condition [Page 739] of drying, curing, and processing to which the articles have been subjected may not entirely have eliminated risk, in which case the articles covered are still permitted entry but only under permit and inspection. Furthermore, the quarantine provides for the free commercial entry under permit, from all countries, including Spain, of bananas, pineapples, lemons, and sour limes.”
I might state for your information that the Department proposes to give the text of this letter to the Press for publication in the Monday morning newspapers.
Accept [etc.]