The Animal and Plant Health Inspection Service and U.S. Customs and Border Protection are working to liberalize the proposed phase-in plan, scheduled to begin in April 2009, for enforcing the imported plant and plant products declaration required by the Lacey Act Amendments, which was enacted as part of the 2008 Farm Bill.
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.
On May 22, 2008, new enforcement tools primarily designed to combat illegal logging were added as amendments to the Lacey Act. These amendments also place additional requirements on importers.
The USDA's Animal and Plant Health Inspection Service held a public meeting on October 14, 2008 to discuss the Lacey Act Amendment declaration requirement1 for imported plants and plant products that is scheduled to be enforced on a phased-in basis once the declaration can be filed electronically (approximately April 1, 2009).
CBP has issued a CSMS message announcing that the Port of Presidio, Texas (2403) was reopened on October 9, 2008. Filers are advised to resume filing at the port immediately. (CSMS 08-000271, dated 10/10/08, available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17295&page=&srch_argv=&srchtype=&btype=&sortby=&sby)
The Animal and Plant Health Inspection Service has issued a notice to inform the public of the new Lacey Act provisions enacted by the 2008 Farm Bill, including the declaration required to be submitted at time of importation for certain plants and plant products that takes effect on December 15, 2008, and APHIS' plan for phasing-in and enforcing this requirement.
U.S. Customs and Border Protection has posted the draft agenda for the 2008 Trade Symposium, which will be held on October 29-31, 2008 in Washington, DC.
The following are the trade-related bills and resolutions that were introduced in the House or Senate during September 22-24, 2008:
The recently enacted 2008 Farm Bill (Public Law 110-246) amended the Lacey Act Amendments of 1981 (16 USC 3371 et seq.) to require a new import declaration for plants and plant products.
During the August 7, 2008 meeting of the Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (COAC), CBP officials discussed the potential impact on the trade of the new Lacey Act plant and plant product import declaration requirements1 that were recently enacted as part of the 2008 Farm Bill.
The recently enacted 2008 Farm Bill (Public Law 110-246) contains provisions that amend the Lacey Act Amendments of 1981 (16 USC 3371 et seq.) to require a new import declaration for plants and plant products.