Frequently Asked Questions Regarding Export Shipments

Recently there have been many grain shipments which failed to meet the 30 day time limit established by the USDA between inspection date and the date we issue a phytosanitary certificate.  The most common reason is multiple grain sales and the associated uncertainty about which firm will be the exporter of record.  Other times, container identification was not obtained by the exporter in a timely manner.  In still other cases there were errors on, or confusion about, various grain inspection forms or declarations needed in the phytosanitary certification process.

The USDA reviews certification delays on a case-by-case basis.  If the delay is due to circumstances beyond the control of the exporter the USDA may grant a SINGLE exception and allow us to issue a phytosanitary certificate.  The USDA has informed us that many exporters have exhausted this opportunity.  In order to minimize delays we compiled some information for your reference.

The following questions are grouped in broad subject areas.  A brief summary of each general topic and its application to the certification process follows each group.

1.  How long does it take to get a phytosanitary certificate?  

Our turnaround time is 1-3 BUSINESS days from the time all paperwork, samples and application are received by MDA staff.  Be advised that applications entered into PCIT, or paperwork received via fax, after 4:30 pm are considered received the NEXT business day.  

2.  How are applications processed? 

We process applications in the order received unless there are extraordinary circumstances (detained shipment for example).  We have found this procedure most equitable for all parties.

3.  Why do I have to use PCIT?

Because the USDA has determined that this electronic certification system provides the best security for their export documents and ensures payment is received for issued certificates.  In the past there were problems in both areas.

4.  Why do I have to prepay for the certificate?

Simply put, some exporters failed to pay for certification services in the past.  Prepayment eliminates this situation.  Be advised, payment must include all inspection charges associated with the certificate and a $3 federal document charge.

5.  What if I have insufficient funds to pay for the certificate? 

We will not process a request if there are insufficient funds in the account.

Planning implications from questions 1-5 are basic yet very important.  To expedite the phytosanitary certification process you must use PCIT, prepay applicable certificate and inspection charges and plan for three business day timeline for us to issue the certificate.  BE ADVISED THAT DEPENDING ON TIME OF DAY WE PRINT THE CERTIFICATE AND COURIER OR STANDARD FIRST CLASS MAIL DELIVERY SCHEDULES, RECEIPT OF YOUR CERTIFICATE MAY EXTEND BEYOND THREE BUSINESS DAYS.  PLAN ACCORDINGLY TO AVOID SHIPMENT COMPLICATIONS.

6.  Why do I need a phytosanitary certificate?

You NEED a phytosanitary certificate when the destination country's plant protection organization says you do.  We find this out by checking various databases.

7.  Why do you say I don't need a phytosanitary certificate but my customer says they need one? 

There is official need which means a phytosanitary certificate is required by foreign officials and there is contractual agreement which does NOT mean official need.  Rather, you are agreeing to your customer's extra condition that a phytosanitary certificate be issued for your shipment.  This is termed a "courtesy certificate" but all official certification requirements and inspection fees apply.  We suggest you contact us before finalizing any contract to determine the current, documented entry requirements for your commodity.

8.  What is an import permit?

An import permit is issued by the regulatory officials in the destination country, to your foreign customer, establishing specific certification requirements for your product; perhaps even your unique shipment.  It is NOT issued to you nor can you apply for one.  If we need to review an import permit, you must provide a copy of the original AND an official English translation.  Partial translations will be returned and your application considered incomplete.  To avoid delays, be sure the translation is complete.

9.  Can I get a phytosanitary certificate without an import permit?

We will review the import conditions and let you know if an import permit is essential to the certification process.  There are times we can issue a certificate without reviewing an import permit even though one is required by the destination country.  We will inform you of this situation, explain the possible problems you may encounter shipping when your customer has not provided a copy of their import permit, and the options you have.

There are also countries with complex import requirements.  In these situations the USDA instructs us NOT to write the phytosanitary certificate until we review an import permit.  We cannot issue a certificate until you present a valid import permit and any necessary English translations. 

10.  Can I get a phytosanitary certificate for a shipment already en route overseas?

Only if you had an official inspection agency or federally licensed firm take an official sample, inspect the grain and issue a form 921-2, Insects in Grain, prior to departure.  IMPORTANT: none of the inspection dates on the 921-2 can be older than 30 days.  Be advised use of grain sampling firms and the 921-2 form is NOT an option for seed shipments, because seed is not eligible for the 921-2 sampling and inspection process.

11.  What are my options if the grain shipment has left the country and no 921-2 form was generated?

IMPORTANT:  We cannot issue a phytosanitary certificate .  Your options are: A) divert the shipment to a country that does not require a phytosanitary certificate; B) have the shipment returned to the United States for official sampling and if eligible, reshipment; or C) allow the shipment to proceed to destination without certification which may result in destruction of your commodity depending on decisions made by regulatory officials at destination.

Questions 6-11 show how important it is for you determine formal certification requirements before entering into a business contract and certainly well before you plan your shipment.  Committing to a phytosanitary certificate before you confirm the import requirements of the destination country may void a contract because we cannot confirm your product meets all the conditions stated on the import permit.  Many shipments have been interrupted or cancelled due to an inability to meet the conditions stated on an import permit.

Another recurring problem is the belated discovery that a phytosanitary certificate is needed and the shipment is en route by ocean vessel.  Certification is typically not possible.  It is imperative that you know your destination country and contact us to determine phytosanitary requirements BEFORE the shipment leaves the United States; ideally before it leaves Minnesota.

12.  What is a 921-2, Insects in Grain, form?

This is a form we can use in lieu of a separate, official inspection by MDA of your commodity.  It is limited to grain and grain products.  Contact one of seven federally licensed, private grain inspection firms operating in Minnesota and schedule an official sampling appointment.  They take an official sample, inspect it and upon your request issue a 921-2 form.  That form can be attached to a PCIT application and typically we can issue a phytosanitary certificate based on that application.  Planning on your part is important because it takes time to collect and inspect the sample, and generate the 921-2 form.  All scheduling and subsequent sampling/inspection payments are arranged with the private grain inspection service.  We have their contact information and will provide it upon request.  

It is important to know the requirements of the importing country, prior to requesting a 921-2 form.  Some countries require the inspection company look for additional items when issuing a 921-2.  Inspection companies typically do not look for weed seeds or dirt.  Some countries REQUIRE a specific certification relative to one or more of these items.  In order to get all the necessary inspections and information listed on your 921-2, you will have to make arrangements with the inspection firm and confirm the company can make the necessary inspections and state them on the 921-2 form.  If specific inspections are needed for your shipment, but are not listed on the 921-2, we will not be able to use the 921-2 to certify your shipment.  An official sample must be sent to us for inspection.

13.  Why have my 921-2 forms been returned? 

We can issue certificates for less than the amount listed on the 921-2 form, but not more.  Similarly, we cannot issue a certificate with a lot number or container number different from that listed on the 921-2.  It is up to the issuing office to determine if a 921-2 form can be revised and reissued with a different weight, lot number, or container number.  Please pay attention to conversion factors if you have the 921-2 issued in metric units but apply for a phytosanitary certificate in pounds (or visa versa).  Incorrect calculations have delayed many certificates because the phytosanitary certificate application is for a greater quantity than is stated on the 921-2.  Even if it is just a calculation error, we cannot exceed the amount listed on the 921-2.  

14.  Why have my 921-2 forms been rejected?

The primary cause for rejection of a 921-2 is that the inspection date listed on the form exceeds 30 days.  The USDA and our international trading partners have agreed that 30 days is the maximum period of "pest freedom" for grain commodities.  Therefore, a phytosanitary certificate must be issued within 30 days of the inspection date listed on the 921-2.  IMPORTANT:  Each lot or container listed on an application must have been inspected within the 30 days.  BE ADVISED THAT MANY COUNTRIES HAVE A 14 DAY INSPECTION TO ISSUANCE TIMELINE.  It is imperative to the success of your export process that you know the timeline established by the destination country.  Application on the date of expiration is not acceptable.  You must apply at least three (3) business days prior to expiration to ensure your phytosanitary certificate is issued in time.

15.  What if I experience a delay and miss the 30 day deadline?

The USDA has a formal petition and review process through which they handle these situations case-by-case.  Typically the USDA will grant a ONE TIME exception to a company.  This exception is company specific and not "reason" related.  The company gets one exception, not an individual.  

Questions 12-15 explain the role and limitations of the 921-2 form.  Since the USDA endorsed its use in lieu of official sampling and inspection by authorized phytosanitary officials, the certification process has been streamlined and become quite efficient.  Problems encountered by exporters typically are due to lack of advance planning or other contractual/business issues.  As detailed, you need to plan carefully and well ahead of the actual shipment to ensure all certification requirements can be successfully met.

16.  What if I don't know the container number?

We issue many certificates that identify shipment by weight, bag count, lot number, bag tag or bag markings.  You may have a contractual requirement or a customer demand to include container number.  That is a business-related issue.  NO FOREIGN GOVERNMENT REQUIRES CONTAINER NUMBER AS A DISTINGUISHING MARK ON A PHYTOSANITARY CERTIFICATE.  We can issue a phytosanitary certificate using the alternatives mentioned above as distinguishing marks which ensures the timely issuance of a phytosanitary certificate.  Such a practice is the single most effective way to avoid missing various certification deadlines.  Once the container number is confirmed, if you choose, you can request a replacement certificate that includes the container number.  You will be responsible for paying the cost of the replacement certificate, but you avoid the serious problem of exceeding the 30 day limit.  Replacement certificates cost the same as original certificates.  

17.  Why can't I get my letter of credit information on the phytosanitary certificate?

Any information that is related to phytosanitary certification contained in a letter of credit will be reviewed upon request to determine if it is eligible for inclusion.  However, information that is not required for the phytosanitary certificate or is business-related will not be placed on the phytosanitary certificate.  License number, contract identification, grade, quality or plant variety are not listed on a phytosanitary certificate because it is not considered phytosanitary information.  We understand this business information is important to your documentation.  However, much of it is not germane to the assessment of pest-free status and phytosanitary compliance and therefore cannot be included on the phytosanitary certificate.

18.  Why can't the phytosanitary certificate be the same as the letter of credit?

We are regularly told that penalties will be incurred if and when the phytosanitary certificate has different information or spelling than that contained on the letter of credit.  Another claim is that the phytosanitary certificate must have the exact information that is contained on all the other documents for the shipment.  Simply put, a phytosanitary certificate does not function as, nor should you consider it, a business document.  Including it with other business documents is not the correct use of the phytosanitary certificate.  Its express purpose it to be presented to the foreign plant pest regulatory officials to confirm your shipment meets the plant pest import requirements established for the commodity.  It should never be considered a business document.  By considering a phytosanitary certificate "just another" business document you run the risk of shipment delay. 

Questions 16-18 clarify the differences between business-related issues and the formality of the phytosanitary certificate.  We are often told that the phytosanitary certificate must precisely agree with specific contract language.  Most often cited examples are spelling of exporter and importer names and addresses, grades or commodity identification, and specific ports of entry. 

Be advised regardless of letter of credit language and what you enter on a PCIT application:  

• We will not knowingly misspell words;
• The exporter MUST be registered as a US company (on several occasions; applications have been received with a Canadian company declared as the exporter using a US supplier address);
• We will not enter approximate commodity weights;
• We cannot enter a port of entry that is not located in the destination country;
• We will not enter any additional declaration or pest-freedom language beyond that stipulated by import permit or federal database;
• We will not include letter of credit or other business-related numbers; and
• We may change exporter address if it contains unacceptable abbreviations or is interpreted to be inconsistent with standard US format.

If any of these examples are found on PCIT applications, we will make the necessary changes which will be reflected on the final document.

One possible solution for you, when possible, is to agree to provide "a phytosanitary certificate acceptable to the plant pest regulatory officials (typically in the National Plant Protection Organization, NAPPO) of the destination country."  In addition to being the true purpose of the certificate, it separates the phytosanitary certificate from the business documents.  If NAPPO staff accepts the phytosanitary certificate, you have fulfilled your contractual obligation regardless of typographical differences with business documents.

Questions can be sent via email to MDA.Exports@state.mn.us.  Phone calls may be directed to Stephanie Visker, Export Certification Program Coordinator, 651-201-6558 or Mark Schreiber, Supervisor, Nursery Inspection & Export Certification Unit, 651-201-6388. 

Foreign countries have established plant quarantine regulations which exporters of U.S. agricultural products are required to meet. To enable PPQ to help exporters meet the plant quarantine import requirements of foreign countries, the Plant Protection Act in 2000 (previously covered by the Organic Act of 1944) was passed. The Plant Protection Act provides the authority for issuing Federal Phytosanitary Certification for the export of plants and plant products. The regulation for enforcing the Plant Protection Act is 7 CFR Part 353.

Exporter Requirements and Responsibilities

• Applying for the inspection and certification of each shipment that you want certified.
• The application must be in writing and received far enough in advance of the shipping or loading dates to provide for sampling and inspecting.
• Making the shipment available for inspection. Shipments cannot be inspected on board aircraft or ships, or in the holds of vessels.
• You, the exporters, are further responsible for providing the labor to open and close packages for inspection and for providing adequate facilities to perform the inspection. Such facilities include supplies, equipment, and proper lighting required for an efficient inspection before certification.
• Providing official documents stating import requirements, if they differ from those in the receiving country's export summary. Official documents may be import permits, special authorizations, or recent correspondence from the plant protection service of the foreign country, which takes precedence over the information contained in the export summary.
• You, the exporters, are responsible for any needed translations of an official document. The translation must be certified in writing as an accurate translation before the ACO can accept it.
• Providing for any required treatments, reconditioning, or other actions to meet the import requirements of the foreign country.
• Export only those plants or plant products that have been properly inspected and certified.
• Safeguard the certified shipment from infestation between the date the shipment was certified and the actual shipping date.
• Comply with U.S. export control regulations. Although no special license is required to engage in export trade, the Federal Government controls the exportation of U.S. goods to all foreign countries. The Department of Commerce is the authority for licensing most items for export. Other Federal agencies such as the Agricultural Marketing Service (AMS) and the Federal Grain Inspection Service (FGIS) handle the certification for specific products. For further information, exporters should contact the Office of Export Control, Bureau of International Commerce, Department of Commerce, Washington, DC 20230.

Examples of Forms, Certificates, and Information Required at Time of Inspections

• Written Application for Phytosanitary Certification containing information about:
• Name and address of the Exporter.
• Name and address of the Consignee.
• Location and contact information about where the shipment is available for inspection.
• Approximate date of departure from the United States.
• The "Port of Export" out of the United States.
• Quantity, name of product and the botanical name of all products being certified.
• The number and description of packages the product is being shipped out in.
• A list of distinguishing marks stating exactly what is marked on all shipping packages.
• The certified origin of the product.
• The type and, if known, the name of conveyance of the export.
• The "Point of Entry" into the country of the consignee, if known.
• Signed and dated by the exporter.
• Invoices
• Packing Lists
• Translated copies of any Import Permits and/or other letters from the foreign government. Original non-translated copies of each document must be available.
• Copies of original Phytosanitary Certificates used for the import into the United States, if the shipment is a re-export.
• Field inspection reports, if needed.
• Laboratory testing results, if needed.
• Inspection certificates, if needed.
• General Permits from the USDA, if needed.
• CITES and Endangered Species documents issued by the U.S. Fish and Wildlife Service, if needed.

***** This is not a complete list of all documents that may be required at the time of inspection. For additional information, please contact your local Certifying Official. *****

Export Certification is a service that is provided for eligible shipments only. If your shipment is either prohibited into the foreign country or is unable to meet all the import requirements put in place by the importing country, export certification will not be available for your shipment. Please speak with your local Certifying Official to see what, if any, options are available.

If you are looking for information on grain export sampling, please visit our MN grain inspection entities contact information page.

MDA Contact:

651-201-6558 or 651-201-6388