APHIS Official Encourages Comments for Lacey Act Review
An official from the Animal and Plant Health Inspection Service is encouraging the public to submit comments as part of the agency’s review of the Lacey Act Declaration requirements for imported plants and plant products. Once this review is completed, APHIS will submit a report to Congress detailing its results and is authorized to issue certain regulations.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The review is required by the 2008 Lacey Act Amendments, and is expected to cover the implementation of the (i) import declaration requirement, (ii) requirement for “unknown” species and countries, (iii) average percent recycled content requirement, and (iv) exclusion for packaging material. APHIS adds that comments may also be submitted on the enforcement of the 2008 Act, and all comments received will be included with its analysis, as part of the report sent to Congress.
(On February 28, 2011, APHIS issued a notice seeking public comments by April 14, 2011 on its review of the Lacey Act Declaration requirements for imported plants and plant products. See ITT’s Online Archives or 02/25/11 news, 11022524, and 02/28/11 news, 11022808 for BP notices on this request for comments.)
Importers Should Give Reasons for Not Wanting to File Declarations
The official noted that APHIS has received multiple comments stating that the trade does not want to file the Lacey Act declarations. The official said that such comments are not useful because they do offer the necessary reasoning. If a member of the trade has an issue with filing declarations they should provide an explanation as to why the declarations are difficult to file. The official added that saying that the declarations require “too much work” is not a valid reason that would bring about any change by the agency.
Any Desired Exclusions Should be Submitted, Will be Considered
The official also noted that people should provide comments on any items that they want excluded from the list of items subject to the Lacey Act declaration requirements, along with the necessary reasoning. If APHIS does not receive request for items to be excluded, they could otherwise be included on a future list of items subject to the declaration.
APHIS Has Already Implemented Changes Based on Consensus Group Recommendations
The official pointed out that APHIS has already made a number changes to the declaration process based on recommendations that were submitted by consensus groups representing various businesses and environmental interests. According to the official, the recommendations were also discussed with members of Congress.
Examples of changes that have been made in response to such recommendations include:
Blanket declarations -- APHIS has initiated a “Blanket Declaration Pilot Program” and the official notes that the program could be expanded.
(The pilot program is a two-step process for monthly reporting that was designed to test the feasibility of collecting the information required through the use of a periodic “blanket” declaration, with subsequent reconciliation reports. In step 1, the ALR/BRASS participant files with APHIS an advance estimated PPQ 505 (Lacey Act Declaration) on or before the 15th day of the month occurring before the report month in paper form. For step 2, the participant files with APHIS a reconciliation report within 15 days after the end of the report month, for that report month, that provides information on the actual shipments made that required a declaration.)
Guidance -- APHIS has issued guidance documents on the following:
- Special Use (or Species) Codes
- Filing Declarations for Composite, Recycled, and/or Reused Materials
- Usage of Common Trade Groupings
(See ITT’s Online Archives or 07/06/10 news, 10070615, for BP summary of 52 groups recommending a second set of business friendly changes to Lacey declaration.
See ITT’s Online Archives or 07/21/09 news, 09072105, for BP summary of first set of “business friendly” recommendations from 47 groups.
See ITT’s Online Archives or 11/22/10 news, 10112217, for BP summary of APHIS officials stating that no one was being added to the BRASS/ALR blanket declaration pilot program at that time.
See ITT’s Online Archives or 12/08/10 news, 10120806, for BP summary of APHIS posting its guidance on special use codes.
See ITT’s Online Archives or 12/09/09 news, 09120910, for BP summary of APHIS posting its guidance on filing declarations for composite, recycled, and/or reused materials.
See ITT’s Online Archives or 06/14/10 news, 10061424, for BP summary of APHIS posting its guidance on usage of common trade groupings.)
(The Lacey Act was amended on May 22, 2008, by making it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce a broad 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. The amendments made it unlawful to make or submit any false information or label; they also implemented an import declaration requirement and provided for civil and criminal penalties.)