Interagency Group Still Reviewing Draft Report on Lacey Declaration, Etc.
According to APHIS officials, including those that attended the November 9, 2010 COAC meeting, the draft report to Congress on the 2008 Lacey Act Amendments (including the declaration for imported plants and plant products1) is undergoing interagency review. As of early November, the draft was awaiting Department of Justice (DOJ) comments.
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The final version of the report is expected to be available for the Secretary’s signature by late November or early December 2010.
(Officials have previously stated that the Animal and Plant Health Inspection Service, along with the interagency group, worked on this report during the summer of 2010.)
Report Must Evaluate Cost and Effectiveness of Declaration, Etc.
According to the Lacey Act Amendments, the report must evaluate the effectiveness of the declaration requirements in assisting enforcement, and the potential to harmonize each of these requirements with other applicable import regulations. In addition, the report must include recommendations for appropriate legislation to assist in the identification of plants that are imported into the U.S. in violation of 16 USC 3372(f); and an analysis of the effect of requiring plant declarations on the cost of legal plant imports, etc.
Regs Could Follow That Limit Declaration’s Reach or Limit Packaging Exclusions
After the report is issued, the law states that regulations could be promulgated to: (i) limit the applicability of any of the plant product declaration requirements to specific plant products and make any other necessary modifications based on the review; and (ii) limit the scope of the exclusion for certain packaging material if such limitations are warranted as a result of the review.
More Than Half Million Declarations Filed, 86% are Electronic
At the COAC meeting, officials stated that the number of declarations that have been filed since May 1, 2009 was over 500,000 -- 431,000 were filed electronically and 77,000 were filed using the paper declaration.
Comments on Metric Units of Measure, FAQ, Blanket Declaration Pilot
APHIS officials also commented on several other issues. They noted that the use of metric measurement has improved since it’s implemented its ‘metric only’ requirement. They also stated that the Lacey Act Amendment’s FAQ had been updated to clarify the enforcement schedule for the Lacey Act Declaration. In addition, officials added that no one was being added to the BRASS/ALR blanket declaration pilot program at this time.
1Excluded from the definition of plants are plant products are common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof). Also excluded from the defiinition is (i) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and (ii) any plant that is to remain planted or to be planted or replanted -- unless the items are endangered, etc.
(See ITT’s Online Archives or 11/12/10 news, 10111226, for BP overview of the November 9, 2010 COAC meeting.
See ITT’s Online Archives or 08/13/10 news, 10081319, for BP summary of APHIS official stating that the rulemaking on the Lacey Act definitions was expected to reduce the number of declarations. Comments on this proposed rule are due by November 29, 2010.
See ITT’s Online Archives or 07/01/10 news, 10063063, for BP reminder on the metric only requirement for Lacey declarations that began on July 1, 2010.
See ITT’s Online Archives or 04/13/10 news, 10041309, for BP update on Lacey Act Amendments, including the legal requirements for the report to Congress.
See ITT’s Online Archives or 07/06/10 news, 10070615, for BP summary of a second set of “business friendly” recommendations for the Lacey Act declaration, including that regulations be issued to streamline the declaration’s requirements.)