APHIS Proposes Rule on Lacey Act Definitions of Common Cultivar, Food Crop, Etc.
The Animal and Plant Health Inspection Service has issued a proposed rule to define “common cultivar” and “common food crop”, which are among the categorical exemptions to the Lacey Act Amendments requirements.
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APHIS is also proposing to add the definition of the term “plant.”
Comments on this proposed rule are due by October 4, 2010. See future issue of ITT for a more detailed summary of the proposed rule.
Common Cultivar Definition
APHIS proposes the following definition for the term common cultivar:
Common cultivar. A plant (except a tree) that:
- has been developed through selective breeding or other means for specific morphological or physiological characteristics; and
- is a species or hybrid that is cultivated on a commercial scale; and
- is not listed: (1) in an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); (2) as an endangered or threatened species under the Endangered Species Act of 1973 (ESA, 16 USC 1531 et seq.); or (3) pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.
Common Food Crop Definition
APHIS proposes the following definition for the term common food crop:
Common food crop. A plant that:
- has been raised, grown, or cultivated for human or animal consumption, and
- is a species or hybrid that is cultivated on a commercial scale; and
- is not listed: (1) in an appendix to CITES; (2) as an endangered or threatened species under the ESA; or (3) pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.
Plant Definition
In addition, APHIS is proposing to add a definition for plant consistent with the definition in the Act, to read as follows:
Any wild member of the plant kingdom, including roots, seeds, parts or products thereof, and including trees from either natural or planted forest stands.
APHIS to Provide Guidance on Definitions
To supplement these definitions, APHIS will provide guidance in the form of a list of examples of plant taxa or commodities that qualify for exemption from the provisions of the Act as common cultivars and common food crops.
The U.S. Department of Agriculture and the Department of the Interior will develop and maintain this list on a website and update it when necessary. APHIS will inform stakeholders when the list is updated via email and other electronic media. It will also note updates of the list on its website. This list will not be exhaustive, but we will provide an email address to which the public can send inquiries about specific taxa or commodities and request to add taxa or commodities to the list.
(See ITT’s Online Archives or 07/20/10 news, 10071945, for BP summary of OMB approving APHIS’ Lacey Act definitions proposed rule.)