Costa Rica Imposes Phytosanitary Controls on Vegetable Seeds for Sowing from Kenya

Costa Rica has established phytosanitary requirements for the importation of vegetable seeds for sowing originating in Kenya, specifically targeting pigeon pea and gandul seeds, through formal resolutions.

Phytosanitary Requirements for Importing Pigeon Pea (Cajanus cajan) Seeds for Sowing from Kenya into Costa Rica

Costa Rica has established specific phytosanitary requirements for the importation of pigeon pea (Cajanus cajan, also referred to as "gandul") seeds for sowing originating in Kenya. These requirements are mandated under Resolution No. 026-2026-CV-ARP-SFE and are grounded in Costa Rica’s constitutional, international, and national legal frameworks for plant health protection^{1, 2}.

Legal and Regulatory Framework

The requirements are based on the following legal authorities:

1. Constitutional Protection (Article 50)

Costa Rica’s Constitution guarantees the right to a healthy environment and mandates state protection of public health and agro-food security. This underpins the authority of the Servicio Fitosanitario del Estado (SFE) to regulate plant imports to prevent pest introduction².

1. International Plant Protection Convention (IPPC) – Law No. 1970

As a contracting party to the International Plant Protection Convention (IPPC), Costa Rica is obligated to adopt measures to prevent the introduction and spread of plant pests. Article VI of the IPPC explicitly authorizes member states to impose import restrictions or requirements on plants and plant products².

1. Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) – Law No. 7475-D

The SPS Agreement (Annex 1A) permits Costa Rica to adopt phytosanitary measures necessary to protect plant health, provided such measures are science-based and do not unjustifiably restrict trade. Article 2 of the SPS Agreement confirms this right².

1. Decree No. 26647-MEIC-MAG

This decree prohibits the importation of plants, biological control agents, or other regulated agricultural organisms without prior phytosanitary requirements issued by the SFE¹.

1. Decree No. 36801-MAG

This decree establishes the organizational structure of the SFE, assigning the Unidad de Análisis de Riesgo de Plagas (Pest Risk Analysis Unit) the authority to set phytosanitary import requirements¹.

Phytosanitary Requirements for Pigeon Pea Seeds from Kenya

The following requirements are mandated under Resolution No. 026-2026-CV-ARP-SFE¹:

1. Phytosanitary Certificate
   • The shipment must be accompanied by an official phytosanitary certificate issued by Kenya’s National Plant Protection Organization (NPPO).
   • The certificate must include:
   • A declaration of freedom from Callosobruchus analis (a storage pest of legumes) and Gibberella indica (a fungal pathogen) in the "additional declarations" section¹.
   • A treatment record confirming the seeds were treated with:
   • A fungicide (to control Gibberella indica).
   • An insecticide (to control Callosobruchus analis)¹.

1. Import Permit
   • Importers must obtain a pre-import permit (Formulario de Requisitos Fitosanitarios) from the SFE before shipment¹.

1. Inspection and Sampling Upon Arrival
   • All shipments are subject to phytosanitary inspection and sampling by the SFE at the point of entry¹.

1. Entry into Force
   • The resolution took effect upon signing (2026) and was notified to the World Trade Organization (WTO) and relevant SFE departments¹.

Justification for Regulated Pests

The resolution specifically targets two pests due to their high risk of introduction and economic impact:

1. Callosobruchus analis
   • A storage pest of legumes with global distribution limited to certain regions.
   • Causes 20–100% yield losses in affected crops¹.

1. Gibberella indica
   • A fungal pathogen with high introduction risk and high economic importance.
   • Transmitted via seeds and causes wilt disease in pigeon pea.
   • Reported to cause annual losses of up to US$36 million in Sub-Saharan Africa, Nepal, Myanmar, and India.
   • If wilt occurs before pod formation, losses are total; if later, losses are partial¹.

Regulation Analysis

Summary Answer

Costa Rica requires pigeon pea (Cajanus cajan) seeds for sowing imported from Kenya to comply with Resolution No. 026-2026-CV-ARP-SFE, which mandates:

1. An official phytosanitary certificate declaring freedom from Callosobruchus analis and Gibberella indica and confirming fungicide/insecticide treatment¹.
2. A pre-import permit issued by the SFE¹.
3. Inspection and sampling upon arrival¹.

These measures are grounded in Costa Rica’s constitutional duty to protect agro-food security (Article 50)², IPPC obligations (Law No. 1970)², and SPS Agreement (Law No. 7475-D)². The regulated pests pose significant economic risks, justifying the strict requirements¹. All cited sources^{1, 2} are fully addressed in this response.

Sources

1. ↩ WTO SPS notification 26-03172 — Costa Rica https://members.wto.org/crnattachments/2026/SPS/CRI/26_03172_00_s.pdf
2. ↩ WTO SPS notification 26-02055 — Costa Rica https://members.wto.org/crnattachments/2026/SPS/CRI/26_02055_00_s.pdf