New Saveable Lacey PPQ Form, APHIS Update on Metric Unit Enforcement
On July 28, 2010, the Animal and Plant Health Inspection Service posted an upgraded version of its Lacey Act Declaration form (the “Plant and Plant Product Declaration Form”, PPQ Form 505).
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New Version of Form Makes it Easier to Save Typed Data
The new version of the PPQ 505 form allows the data typed on the form to be saved using Adobe freeware. Previously, only purchased versions of Adobe software would allow the saving of typed data, APHIS sources state.1
APHIS Now Tracking All Who are Not Using Metric Units of Measure
On July 1, 2010, APHIS began enforcing its requirement for plant material quantities to be reported using standardized metric units (such as kg, m, m2, and m3), for both paper and electronic Lacey Act Amendment declarations.2
Notification if noncompliant. APHIS sources state that those who are not using metric units of measure will receive notification to redo (and resubmit) the declaration using these units. To save APHIS time and expense, notification to a single filer will not be done declaration by declaration, but will reflect a group of declarations for that filer.
(As Automated Broker Interface (ABI) programming does not support electronic resubmissions or corrections, resubmissions for declarations originally submitted electronically must be on paper.)
If problems, DOJ referral possible. According to APHIS sources, if APHIS encounters a lot of problems in its efforts to get a filer to use metric units, the next step would be to refer the filer to the Department of Justice.
Case-by case. APHIS sources also noted that noncompliance will be dealt with on a case-by-case basis.
1The new version contains no substantive changes to the information required on the form, or its instructions.
2No programming changes in ABI were required to support APHIS’ metric only requirement. Electronic declaration filers can select metric units among the choices that have been programmed.
(See ITT’s Online Archives or 07/01/10 news, 10063063, for BP reminder on the enforcement of the metric requirement beginning July 1, 2010.
See ITT’s Online Archives or 06/16/10 news, 10061646, for BP summary stating that there would be no new enforcement phases (expansion to additional products) of the Lacey Act declaration for the near term.)
(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 on May 22, 2008, by making it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce a broader range of plants, as well as plant products, with some limited exceptions, taken or traded in violation of the laws of the U.S., a U.S. State, or other countries.
In addition, the amendments made it unlawful to make or submit any false record, account or label for any false identification of, the plants and products covered by the Act. It also introduced the requirement for an import declaration for certain plants and plant products entering the U.S. Lastly, the amendments provide for both civil and criminal penalties for failure to comply.
Enforcement actions may be taken for any violations committed on or after May 22, 2008. However, the requirement to provide a declaration under the amended Act did not become effective until December 15, 2008. Moreover, enforcement of the declaration requirement is being phased-in by tariff number. The most recent enforcement phase, Phase IV, took effect on April 1, 2010.)