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APHIS Revises Lacey Act Declaration Enforcement Phase-In Schedule (Delay for Certain Items, Etc.)

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The Animal and Plant Health Inspection Service has revised its plan to phase in enforcement of the Lacey Act declaration requirement. APHIS has also revised certain other aspects of enforcement.

The revisions include (see future issue of ITT for detailed summary):

Fewer Products to be Subject to Phase III Enforcement

APHIS has modified Phase III of its enforcement plan, which is scheduled to begin on October 1, 2009, by removing certain items from this phase.

Phase IV Enforcement Substantially Revised

According to APHIS, Phase IV, scheduled to begin April 1, 2010, has been substantially revised. Those changes were based on information supplied by commenters, and further consideration within the interagency group.

Further Delay to Enforcement for Composite Materials, Etc.

As a result of comments received, APHIS is further delaying enforcement of the declaration for composite and recycled or reused materials (e.g., medium density fiberboard, particleboard, and scrap wood), and is currently proposing to begin enforcing the declaration for those products no earlier than September 1, 2010.

(APHIS also states that it is still considering whether blanket Lacey Act declarations would be appropriate, has announced some flexibility with respect to the genus and species requirement, etc.)

APHIS contact: Alex Belano (301) 734-8758

APHIS notice (FR Pub 09/02/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-21216.pdf