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APHIS Starts to Analyze Lacey Act Declaration Data (No Longer Target Date for Definitions, Etc.)

On October 1, 2009, the Animal and Plant Inspection Service launched Phase III of its enforcement of the Lacey Act Declaration requirements for imports of plants and plant products. Phase III extended enforcement of the declaration requirement to additional HTS Chapter 44 products, such as plywood, veneered panels, wooden frames, and tableware and kitchenware of wood.

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(Phase II - the first actual phase of enforcement (Phase I was outreach) - began on April 1, 2009, and extended enforcement to additional Chapter 44 items, such as builder's joinery and carpentry of wood, sheets for veneering, etc.)

No Longer "Target Date" for Common Food Crops, Common Cultivars Definitions

APHIS sources state that the agency still intends to initiate a rulemaking to define the terms "common food crops" and "common cultivars (except trees)" that are exempt from the declaration requirement; however, there is no longer a timeline for its issuance.1

APHIS sources added that the rulemaking would not be a list of "what is and what is not" a common cultivar or common food crop for purposes of the declaration exemption.

(In October 2008, APHIS officials stated that the definitions were likely to be broad and generally worded; but that examples were expected to be provided. Officials also noted that anything that is consumed by humans as food (including wine) was expected to be excluded as a common food crop. Common cultivar exclusions were expected to include cotton and tobacco (and their products).)

APHIS Has Started Analyzing the Lacey Act Declaration Data

APHIS has also started organizing and analyzing the data that has been submitted directly to APHIS by mail using the Lacey Act Declaration form (PPQ 505), and electronically through U.S. Customs and Border Protection.

75% of declarations electronic. APHIS sources noted that approximately 75% of the declarations are submitted electronically, while 25% are submitted in paper form. A total of 120,000 declarations have been submitted to date.

BRASS Pilot for Phase II Products Now Going Well

The first stage of the Lacey Act Automated Line Release/Border Release Advance Screening and Selectivity (ALR/BRASS) pilot, for Phase II products, is now going well, according to APHIS sources. APHIS is getting more timely filings as importers become accustomed to the procedures. Current participants are also eligible to file for Phase III products as of October 1, 2009; APHIS officials noted that current participants are experiencing a learning curve for these additional products.

Additional participants. APHIS is still considering whether to allow additional entities to join the pilot - and a notice to this effect may be forthcoming, APHIS sources state.

APHIS Officials Available for Outreach Events

APHIS officials are also performing outreach on the Lacey Act Declaration requirements; officials have traveled to Dallas and Omaha, and will soon be traveling to Portland for this purpose. According to sources, this outreach is being performed when requested, as resources are available.

1One private sector expert recently predicted the definitions would be issued in January 2010.

(The Lacey Act (16 USC 3371 et seq.) combats trafficking in "illegal" wildlife, fish, or plants. The Food, Conservation, and Energy Act of 2008 amended the Lacey Act by making it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce a broader range of plants, with some limited exceptions, taken or traded in violation of the laws of the U.S., a U.S. State, or other countries. It also made it unlawful to make or submit any false record, account or label for any false identification of, this broader group of plants covered by the Act. Finally, it introduced the requirement for an import declaration for plants entering the U.S. and provides for both civil and criminal penalties for failure to comply.)

(See ITT's Online Archives or 09/02/09 news, 09090205, for BP summary of APHIS' most recent enforcement schedule, APHIS' list of possible additional products, and the issues the agency sought comment on, etc.

See ITT's Online Archives or 09/09/09 news, 09090910, for most recent BP summary of Lacey Act ALR/BRASS Pilot.

See ITT's Online Archives or 10/27/08 news, 08102705, for BP summary of October 2008 meeting, etc. on the Lacey Act Amendments.)

APHIS Lacey Act site: http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml