APHIS Reopens Comment Period on Proposed Lacey Act Definitions
The Animal and Plant Health Inspection Service is reopening the comment period on its August 2010 proposed rule to define the terms “common cultivar” and “common food crop,” which are among the categorical exemptions to requirements of the Lacey Act, as amended (Act).
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Comments are now due by November 29, 2010.
Proposed Rule Would Define Terms to Exempt Commercial Scale Plants, Etc.
The proposed rule would define “common cultivar,” “common food crop,” and “plant.” According to APHIS, the proposed definitions for common cultivar and food crop were designed to exempt plants grown on a commercial scale. APHIS also proposed to provide a separate list of examples of plant taxa or commodities that would qualify for exemption from the provisions of the Act as common cultivars and common food crops. (See ITT's Online Archives or 08/04/10, 08/05/10, 08/16/10 news, 10080415, 10080525, and 10081621, for BP summaries of the proposed rule and two clarifications on a portion of it.)
Comments Received So Far Urge More Clarity
APHIS received thirty-nine comments during the comment period. While the comments were generally positive, they urged more clarity in both the proposed rule and in APHIS’ proposed separate list of examples of exempt plants and commodities.
For example, some stated that certain cultivars and crops or products from them would be inadvertently excluded from the proposed definitions for common cultivar and common food crop. There was also concern that “commercial scale” was not defined. In addition, there were numerous comments on APHIS’s proposed, separate list of exempt plants and commodities such as questioning whether a separate list of examples was appropriate, suggesting that the list be as exhaustive as possible, etc. (See ITT’s Online Archives or 10/18/10 news, 10101823, for BP summary of the comments.)