New Plant/Plant Product Import Declaration to Take Effect on December 15th (Initially Expected to be Voluntary)
The recently enacted 2008 Farm Bill (Public Law 110-246) amended the Lacey Act Amendments of 1981 (16 USC 3371 et seq.) to require a new import declaration for plants and plant products.
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New Declaration to Take Effect on Dec 15th, Expected to Initially be Voluntary
According to government officials, the requirement for this new declaration will take effect on December 15, 2008, its statutory effective date, on a voluntary basis initially, with the use of a paper import declaration.
Declaration Expected to Become Mandatory at Some Later Date and Phased-In
At some later point, the plant/plant product import declaration will become mandatory for affected plants and plant products under a phase-in schedule that is under discussion.
Government Working to Make Declaration Paperless
In addition, also at some later point, perhaps when the declaration becomes mandatory, the government hopes to automate the plant/plant products declaration so that it is paperless.
The government is looking at all possible automation mechanisms for the declaration; no decision on the means of automation has been made to date.
Declaration Requires Plant Species, Etc. (Some to Ask Congress to Change Law)
The plant/plant product declaration must contain the scientific name (including the genus and species) of the plant contained in the importation, its country of origin, etc. Other requirements must be followed if this information is unknown (e.g., the name of each species of plant that may have been used to produce the plant product must be listed; each country that plant may have come from must be listed, etc.)
Trade sources recommend that importers review the new law, as well as their product line to determine the types of plants or plant products (which may be a component of a largely non-plant article) they import, and how to meet the declaration requirements.
Other sources add that a coalition of trade organizations is working to have Congress enact new legislation to modify or postpone the plant/plant product declaration, in order to narrow its focus, etc. (Any amendment would not be expected to occur before 2009.)
Importers should also consider reviewing any available reference material on the new plant/plant product declaration requirement.
(See ITT's Online Archives, or 08/18/08 news, 08081805, for detailed summary of the enacted P.L. 110-246 provisions on the plant/plant product declaration.
See ITT's Online Archives or the 05/19/08 news, 08051905, for BP summary of the trade provisions in P.L. 110-246.
See ITT's Online Archives or 08/18/08 news, 08081810, for BP summary which reports on U.S. Customs and Border Protection's presentation at the August 2008 COAC meeting on the new declaration.)
H.R. 6124 (P.L. 110-246 is not yet available) available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h6124enr.txt.pdf
BP Note
According to the Joint Explanatory Statement for the 2008 Farm Bill, the Lacey Act was also amended to make it illegal for any plant to be taken, possessed, transported or sold (1) in violation of any State or foreign law that protects plants or regulates the theft of plants, (2) without the payment of royalties, taxes, or stumpage fees or in violation of any limitation under any State or any foreign law, (3) etc.
See future issue of ITT for further BP summary detailing this change.