Update on APHIS Plans for Examples of Exempt Common Cultivars & Food Crops
According to sources at the Animal and Plant Health Inspection Service, many aspects of its planned list of examples of plant taxa or commodities that qualify to be categorically exempt1 from the Lacey Act as a “common cultivar” or a “common food crop” are still under development.
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(APHIS mentioned this list of examples when it published its proposed definitions of “common cultivar” and “common food crop.” See ITT’s Online Archives or 08/04/10 news, 10080415, for BP summary of APHIS proposed rule.)
List of Exempt Examples Intended to be as “Comprehensive as Possible”
Sources state that the list of exempt examples will be created by APHIS, and will be as comprehensive as possible. Officials have not yet decided if the examples will be presented by (i) category, (ii) common name, (iii) genus and species, or a mix.
The list will be used by the government as well as the public, and will be on the APHIS website as soon as it exists (which is expected to be sometime after the details of the final rule are finalized).
APHIS will inform stakeholders, on its website and through its stakeholder registry or another listserve, when there are updates.
Request Process for Adding to List Expected to be Used for “Overlooked Items”
While APHIS states in its proposed rule that it will provide an email address to which the public can (i) send inquiries about specific taxa or commodities or (ii) request to add taxa or commodities to the list of exempt examples, sources note that:
“The list of examples will be generated using the definitions as a framework. Only commodities that fit the definitions (but may have been overlooked during the creation of the list) would be eligible for consideration as an exemption after the list is created.”
Sources add that their intent is to create a list that answers most questions, so that requests for overlooked items are kept to a minimum.
1including exemption from the Lacey Act declaration requirement for imported plants and plant products.
(See ITT’s Online Archives or 08/05/10 news, 10080525, for BP summary clarifying the proposed rule’s definition of the term “plant.”)