APHIS Officials Clarify "Plant" in Proposed Rule on Lacey Act Definitions
On August 4, 2010, the Animal and Plant Health Inspection Service published a proposed rule to define “common cultivar” and “common food crop”, which are among the categorical exemptions to the requirements of the Lacey Act, as amended (Act).
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The proposed rule would also define the term “plant” in a manner consistent with the Act.
Sources Clarify Proposed Definition of Term “Plant”
APHIS officials have provided clarification on the proposed definition of the term “plant” and the use of that term in the proposed definitions of “common cultivar” and “common food crop.”
These sources explain that the proposed definition of the term “plant” (including the descriptor “wild”) is for those plants subject to the Act.
Common cultivars and common food crops are categorically exempted from the Act. For all practical purposes, this means that these items are not subject to the Act, and their proposed definitions are not subject to the proposed definition of “plant”.
Examples of Exemptions Expected to Include Tomatoes, Cotton, Soybeans, Etc.
APHIS added that it would also issue guidance in the form of a list of examples of plant taxa or commodities that qualify for an exemption from the provisions of the Act as common cultivars and common food crops. Sources state that this list should be issued before the final rule is published, and that examples of exempt commodities would include tomatoes, peppers, cotton, and soybeans, to name a few.
(See ITT’s Online Archives, or 08/04/10 news, 10080415, for detailed BP summary of the proposed rule.)