APHIS Issues Pointers on the Lacey Act Declaration
Officials at the Animal and Plant Health Inspection Service have made available a “Lacey Act Updates” presentation, which provides an overview of the 2008 Lacey Act Amendments, and what the agency views as the challenges and common problems in completing the Lacey Declaration (PPQ 505) for imported plants and plant products.1
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Highlights from this presentation include:
Proliferation of Incorrect Info
The August 2011 document identifies the issues faced by the agency with the Lacey Act declaration, including (1) handling the large quantity of paper PPQ 505 declarations filed (20% are still in paper form2) and (2) the proliferation of inaccurate information, including books, from third parties regarding the Lacey Act Amendments and APHIS’ implementation of them.
Scientific Name, Country of Harvest Difficulties
Common problems with the declaration include the obvious -- the need to determine the plant’s scientific name (the genus and species), and the country of harvest.
Not All Filers Are Using Metric Units of Measure
Also, some filers are still using pieces and number instead of standard metric units, such as kilogram, meter (M), M2, or M3. (See ITT’s Online Archives or 05/13/10 news, 10051343, for BP summary of this APHIS requirement, which was enforced as of July 1, 2010.)
“Semi-colons” in Electronic Declaration Corrupt Formatting
In addition, APHIS officials state that the electronic declaration cannot contain any semi-colons; it throws off the formatting of the declaration, causing data to be in the wrong location, etc.
Importer of Record Has Onus of Providing Required Data
This presentation states that the U.S. importer of record has the onus of providing all the required data to APHIS, including complete and accurate information, even if the broker submits the declaration on the importer’s behalf.
(With respect to signing the paper PPQ 505 declaration, APHIS earlier stated in a 2010 FAQ that the “Importer of Record is responsible for completing the declaration form, signing it, and submitting it to APHIS. A Customs Broker can sign the Declaration form only if they have Power of Attorney for the Importer of Record; however, in doing so they take upon themselves the legal responsibility for the accuracy of the information."3)
1The PPQ 505 now has a supplemental continuation form, the PPQ 505B, which APHIS wants the trade to use. See ITT’s Online Archives or 08/22/11 news, 11082204, for further details.
2The presentation states that ABI filings are the preferred method of submitting the PPQ 505 information; paper forms are intended for those who cannot access ABI.
3In 2010, APHIS sources commented on this FAQ, noting that the broker would not have sole legal responsibility, but would have some liability as they signed a federal government form. Moreover, importers could not be absolved of their responsibility for the accuracy of the information presented simply by having a Customs broker sign the PPQ 505, adding that any Department of Justice investigation would look “up and down” the supply chain for culpability. See ITT’s Online Archives or 09/02/10, 10090201, for BP summary.)
APHIS’ Lacey Act Page contains reference information, including the August 2011 PPQ 505 and supplemental form, a questions and answers form, “Look Up” resources for plant genus and species, etc.)
Lacey Act Updates presentation (dated August 2011), available by emailing documents@brokerpower.com