On July 28, 2010, the Animal and Plant Health Inspection Service posted an upgraded version of its Lacey Act Declaration form (the “Plant and Plant Product Declaration Form”, PPQ Form 505).
Lacey Act
The Lacey Act and subsequent amendments make it unlawful to import, export, transport, sell, receive, or acquire any plant, fish or wildlife obtained in violation of U.S., tribal or foreign law, as well as any injurious wildlife. The law is administered by the Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Animal and Plant Health Inspection Service and CBP. APHIS has been implementing Lacey Act declaration requirements since 2009. Lacey Act declarations may be filed by the importer of record or its licensed customs broker, and include information on imported item's species name, value, quantity, and country where it was harvested.
The Animal and Plant Health Inspection Service has issued a proposed rule to define “common cultivar” and “common food crop”, which are among the categorical exemptions to the Lacey Act Amendments requirements.
U.S. Customs and Border Protection has issued a CSMS message providing Food and Drug Administration information regarding product codes, partial release, and Lacey Act declaration and FDA reporting.
The Office of Management and Budget has approved the Animal and Plant Health Inspection Service's proposed rule to establish definitions for the terms “common cultivar” (except trees) and “common food crop”, which are among the categorical exemptions to the Lacey Act Amendments requirements.
The European Parliament has approved legislation to prohibit placing1 illegally harvested timber or timber products on the EU market, require certain due diligence and risk mitigation, and impose penalties for non-compliance.
Fifty-two organizations have issued a second consensus statement which further develops their views and recommendations on making the Lacey Act declaration for imported plants and plant products more “business friendly”.
The Fish and Wildlife Service is reopening the comment period on its proposed rule to add nine constrictor snakes to the list of injurious reptiles under the Lacey Act, which would prohibit their importation into the U.S., with certain exceptions. Comments are now due by July 30, 2010.
Officials from the Animal and Plant Health Inspection Service have confirmed that APHIS will be enforcing its requirement for plant material quantities to be reported on the paper and electronic Lacey Act declaration using standardized metric units (such as kg, m, m2, and m3) for filings made on or after July 1, 2010.
Two Taiwanese nationals were sentenced to prison for conspiracy to ship internationally protected black coral into the U.S. in violation of federal wildlife statutes, the Department of Justice announced. Ivan Chu of Taipei, Taiwan, was sentenced to serve 30 months in prison and pay a $12,500 fine. Gloria Chu also of Taipei was sentenced to serve 20 months in prison and pay a $12,500 fine. These sentences, issued pursuant to the Endangered Species Act and Lacey Act, are the longest prison sentences for illegal trade in coral to date.
Animal and Plant Health Inspection Service officials recently stated publicly that there will be no new enforcement phases for the Lacey Act declaration requirement for imported plants and plant products for "awhile," as APHIS is busy dealing with the workload from the already implemented phases1.