Costa Rica Imposes Phytosanitary Rules on Cow Pea Seeds from Italy

Costa Rica has implemented strict phytosanitary measures for the importation of cow pea seeds for sowing originating in Italy, establishing mandatory requirements to ensure plant health and pest-free entry. A draft resolution for similar measures has been proposed, with a comment deadline set for May 19, 2026.

Compliance Analysis: Phytosanitary Measures for Importing Cowpea Seeds from Italy into Costa Rica

Direct Answer

Costa Rica has established mandatory phytosanitary requirements for importing cowpea (Vigna unguiculata) seeds for sowing from Italy, primarily to prevent the introduction of Cowpea aphid-borne mosaic virus (CABMV) and other pests. These measures are grounded in Costa Rican law, the International Plant Protection Convention (IPPC), and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). A draft resolution (PR09-2026) is currently open for public comment until May 19, 2026, with final requirements expected to mirror those outlined in Resolution N°023-2026-CV-ARP-SFE.

1. Legal Framework

Costa Rica’s authority to impose phytosanitary measures stems from the following regulations:

1.1 Constitutional and Legal Basis

• Article 50 of the Costa Rican Constitution establishes the state’s obligation to protect public health and agro-food security, including the right to a healthy environment¹. This underpins all phytosanitary regulations.
• Law No. 7664 (Phytosanitary Protection Law) declares phytosanitary measures as public interest and mandatory, with the following objectives:
  • Protect plants from pest damage.
  • Prevent the introduction and spread of pests threatening food security and agricultural economic activity¹.
  • Promote integrated pest management (IPM) and sustainable agricultural practices¹.

1.2 International Obligations

• International Plant Protection Convention (IPPC) (Law No. 1970):
  • Grants Costa Rica the authority to regulate plant imports to prevent pest introduction (Article VI.1)^{2, 1}.
  • Requires measures to be proportionate to the risk and minimize trade disruptions (Article VI.2)².
• WTO SPS Agreement (Annex 1A, Law No. 7475-D):
  • Affirms Costa Rica’s right to adopt measures necessary to protect plant health, provided they are science-based and not more trade-restrictive than required (Article 2.1–2.2)^{2, 1}.
  • Mandates that measures be based on risk assessments and not maintained without sufficient scientific evidence (Article 2.2)².

1.3 Domestic Regulatory Authority

• Decree No. 26647-MEIC-MAG (Article 5.9):
  • Prohibits the importation of regulated plants, biological control agents, or agricultural organisms without prior phytosanitary requirements issued by the Servicio Fitosanitario del Estado (SFE)².
• Decree No. 36801-MAG (Article 35):
  • Designates the Unidad de Análisis de Riesgo de Plagas (Pest Risk Analysis Unit) within the SFE as the authority responsible for establishing import requirements².

2. Phytosanitary Requirements for Cowpea Seeds from Italy

The proposed measures (draft resolution PR09-2026) and existing Resolution N°023-2026-CV-ARP-SFE impose the following requirements:

2.1 Key Requirements

*NPPO = National Plant Protection Organization

2.2 Justification for Measures

• Pest Risk Analysis (PRA):
  • The SFE’s Technical Report N°074-2026-CV-ARP-SFE identified CABMV as a high-risk pest for cowpea seeds from Italy^{2, 1}.
  • CABMV is a potyvirus that:
  • Infects multiple plant families (Fabaceae, Amaranthaceae, Solanaceae, etc.).
  • Spreads via mechanical inoculation, aphids, and infected seeds^{2, 1}.
  • Poses a long-distance dispersal risk through international seed trade².
  • Italy was confirmed to harbor pests associated with cowpea seeds, necessitating regulatory controls².

2.3 Compliance Timeline

• Public Comment Period: Open until May 19, 2026 (draft resolution PR09-2026)¹.
• Effective Date: Resolution N°023-2026 enters into force upon signing².
• Notification: The SFE must notify the WTO and relevant SFE departments to ensure compliance².

3. Proportionality and Trade Considerations

Costa Rica’s measures align with IPPC and SPS Agreement principles by:

1. Risk-Based Approach:
   • Measures target specific pests (e.g., CABMV) identified in the PRA, not blanket restrictions^{2, 1}.
2. Least Trade-Restrictive Options:
   • The SFE evaluated cost-effectiveness of alternatives (e.g., post-entry quarantine vs. pre-shipment certification) and selected the least restrictive option (Article 46.c, Law No. 7664)¹.
3. Transparency:
   • The draft resolution is published for public comment, and final measures will be notified to the WTO^{2, 1}.

4. Summary Answer

Costa Rica’s phytosanitary requirements for importing cowpea seeds from Italy are legally grounded in Law No. 7664, the IPPC (Law No. 1970), and the WTO SPS Agreement (Law No. 7475-D). The measures—including a phytosanitary certificate with CABMV-free declaration, pre-import permit, and post-arrival inspection—are science-based, proportionate, and designed to prevent pest introduction while minimizing trade disruptions^{2, 1}. The draft resolution (PR09-2026) is open for comment until May 19, 2026, with final requirements expected to take effect immediately upon signing^{2, 1}. Importers must comply with SFE-issued requirements under Decree No. 26647-MEIC-MAG to avoid import prohibitions².

Sources

1. ↩ WTO SPS notification 26-01571 — Costa Rica https://members.wto.org/crnattachments/2026/SPS/CRI/26_01571_00_s.pdf
2. ↩ WTO SPS notification 26-02741 — Costa Rica https://members.wto.org/crnattachments/2026/SPS/CRI/26_02741_00_s.pdf