APHIS Updates its Lacey Act Primer (Phase IV Begins April 1)
The Animal and Plant Health Inspection Service has updated its Lacey Act Amendment postings by issuing a February 2010 version of its Lacey Act Primer.
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(The purpose of the Lacey Act Amendment is to prevent trade in illegally harvested wild members of the plant kingdom, including roots, seeds, parts or products thereof, and including trees from either natural or planted forest stands.)
APHIS Currently in Phase III of Enforcement for the Lacey Act Declaration
APHIS is currently in Phase III of its phased enforcement of the Lacey Act declaration requirement for plants and plant products. Only certain sections of HTS Chapters 44 are now subject to enforcement for the declaration requirements.
Phase IV Enforcement for the Declaration to Begin on April 1, 2010
Phase IV of its enforcement schedule of the Lacey Act declaration will begin on April 1, 2010. Phase IV expands enforcement to certain sections of HTS Chapters 44, 66, 82, 92, 93, 94, 95, and 97.
(Note that the Lacey Act Amendments are still in force for shipments that are not yet subject to the declaration requirements.1)
Updated Primer Includes Samples, "How To" on Completing the Declarations
The updated primer has been expanded by the addition of new pages illustrating how the Lacey Act Amendment declarations (paper, electronic, blanket, and reconciliation) are completed. The additional pages include:
- a sample declaration (using a spoon made up of three types of wood (red oak, white birch, and sugar maple) as an example),
- a "how to" on downloading the paper declaration,
- a "how to" on completing the paper declaration (using the 3-wood spoon as an example),
- a "how to" on completing the electronic declaration (with references to the CATAIR),
- a "how to" on completing the blanket declaration,
- a sample blanket declaration (using a spoon made up of three types of wood (red oak, white birch, and sugar maple as an example),
- a sample blanket declaration reconciliation (using a spoon made up of three types of wood (red oak, white birch, and sugar maple as an example),
- taxonomy and scientific names (using the red oak as an example),
1Plant and plant products used exclusively as packing material to support, protect, or carry another item (including instruction manuals, labels, pallets, and crating are exempt from declaration requirements. "Common cultivars" and "common food crops" (which have not yet been defined) are also exempt, as are "plants for planting" (except trees).
(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 01/04/10 news, 10010410, for BP summary of prior Primer update, dated October 2009.
See ITT's Online Archives or 12/09/09 news, 09120910, for BP summary of APHIS guidance on HTS Chapter 44 articles containing composite/recycled/reused materials. See ITT's Online Archives or 11/05/09 news, 09110505, for BP summary on APHIS' analysis of declaration data and there was no target date for definitions of common food crops or common cultivars.
See ITT's Online Archives or 09/09/09 news, 09090910, for most recent BP summary on Lacey Act ALR/BRASS pilot. See ITT's Online Archives or 09/02/09 news, 09090205, for BP summary of APHIS' Revision to Phases III and IV of its enforcement phase-in for the Lacey Act Declaration. See ITT's Online Archives or 03/25/09 news, 09032515, for BP summary of update to PPQ 505 form.)
APHIS Lacey Act web page available at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml