APHIS Posts Lacey Act Plant and Plant Product Declaration, Link to APHIS Plant "Look-Up" Tool
The Animal and Plant Health Inspection Service has posted to its Lacey Act Web page new PPQ Form 505 (December 2008), entitled "Plant and Plant Product Declaration Form" for imported plants and plant products.
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APHIS has also provided a link on the Lacey Act Web page to its Genus and Species Plant "Look Up" tool.
(The Lacey Act combats trafficking in "illegal" wildlife, fish, and plants. The 2008 Farm Bill1, effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products. The Lacey Act now, among other things, makes it unlawful to import certain plants and plant products taken or traded in violation of a U.S. State law or most foreign laws; prohibits the submission of false information for any plant (even if voluntarily submitted); and requires a declaration at time of importation for plants and plant products that fall under the scope of the declaration requirement.
Although the Farm Bill states that the declaration (PPQ Form 505) requirement is effective December 15, 2008, APHIS is making the submission of the form voluntary as of that date. APHIS and U.S. Customs and Border Protection (CBP) are encouraging importers to not submit the form until it becomes mandatory according to a phased-in schedule (which will presumably begin when the declaration's submission can be made electronically - which is targeted to be available in April 2009.)
Final Form is Substantially the Same as Earlier Draft
PPQ Form 505 has been approved by the Office of Management and Budget (OMB) and contains all the same data elements and descriptors as the draft form that was circulated at APHIS' October 14, 2008 meeting on the Lacey Act amendments. However, the layout of these elements is changed slightly.
The form has two sections, followed by instructions for providing the data elements:
PPQ Form 505 - Section 1
Section 1, entitled "Shipment information," covers the following data elements:
estimated date of arrival
entry number
container number
bill of lading
MID (Manufacturer Identification Code)
importer name
consignee name
importer address
consignee address
PPQ Form 505 - Section 2
Section 2 entitled "Compliance with Lacey Act Requirements" requires (i) a description of the merchandise, (ii) the HTS number, and (iii) the entered value.
Also in Section 2, for each article or component of an article, the following information must be provided:
article/component of article
plant scientific name (Genus and Species*)
country of harvest *
quantity of plant material
unit of measure
percent recycled material
* If unknown, then all possibilities must be listed
Certification Signatures, Form's Data Elements
Each of the two sections has a box at the bottom of the page stating: "I certify under penalty of perjury that the information furnished is true and correct" that requires a signature, the name of the person signing (typed or printed), and the date.
Following these two sections is a listing the form's data elements, with a description of each.
Plant Genus and Species "Look Up" Tool
APHIS has also created a link on its Lacey Act Web page to to its Plant Genus and Speices "Look Up" Tool, which assists in determining a plant's Genus and Species.
Contact BP to schedule a phone 'walk-through' on the use of this look-up tool by emailing documents@brokerpower.com
1 the Food, Conservation, and Energy Act of 2008
(See ITT's Online Archives or 11/12/08 news, 08111205, for BP summary of APHIS and CBP discussion of liberalizing the declaration's enforcement plan.
See ITT's Online Archives or 10/27/08 news, 08102705, for BP summary of Q&A, draft declaration, and information on six congressmen asking for more lenient enforcement of the declaration.
See ITT's Online Archives or 10/15/08 news, 08101505, for BP summary stating that APHIS expects to take a pragmatic approach to new Lacey Act declaration requirement for imported plants and plant products.
See ITT's Online Archives or 10/08/08 news, 08100805, for BP summary of APHIS' October 8, 2008 proposed phase-in of the declaration requirements - which is expected to be modified.)
Plant and Plant Product Declaration Form (PPQ Form 505 dated 12/08), which can be completed online and then printed), available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf
Genus and Species Plant Look Up tool available at http://plants.usda.gov/classification.html
Lacey Amendments Web page available at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml