Lacey Act Recent Changes Dr. Mohamed Sedegui APHIS –PPQ/ New Jersey

The Lacey Act The Lacey Act specifically requires all importers to indicate the scientific name (genus and species), quantity, country of harvest, and value for shipments of plants or plant products imported after the amendment’s effective date of May 22, 2008

The Lacey Act (Cont.) Importers are required to complete and submit Lacey Act declarations (PPQ Form 505) which must identify the scientific name of the plant, the importation value, the quantity of the plant, and the country where the plant was harvested or grown

Lacey Act Declaration Currently, APHIS is only enforcing the declaration requirement for formal entries (i.e., most commercial shipments) APHIS is not requiring a declaration for informal entries, including most personal shipments, mail, transportation and exportation entries, in-transit movements, carnet importations (i.e., merchandise or equipment that will be re-exported within a year), and foreign trade zone and warehouse entries

Changes to Permit Conditions To make certain importers understand their obligations under the Lacey Act, APHIS Plant Protection and Quarantine (PPQ) will be updating the permit condition language on PPQ Forms 585 (APPLICATION FOR PERMIT TO IMPORT TIMBER OR TIMBER PRODUCTS) and 621 (APPLICATION FOR PROTECTED PLANT PERMIT TO ENGAGE IN THE BUSINESS OF IMPORTING, EXPORTING OR RE-EXPORTING TERRESTRIAL PLANTS)

Changes to Permit Conditions (Cont.) The revised language will include information about the requirement to submit a Lacey Act Plant and Plant Product Declaration (PPQ Form 505) when importing applicable commodities into the United States “Timber and timber products are regulated under the Lacey Act (16 U.S.C. 3371 et seq.) as amended in 2008, and importers may be required to submit the Lacey Act Plant and Plant Product Declaration Form (PPQ Form 505) when filing for entry into the United States.”

Changes to Permit Conditions (Cont.) To determine if a particular product is subject to these requirements, please consult the current implementation schedule for the enforcement of declaration requirements at: http://www.aphis.usda.gov/plant_health/lacey_act/downloads/ImplementationSchedule.pdf Additional information on the Lacey Act Program is available at: http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

Suggested Best Practices Ask your overseas supplier for Genus/species Check botanical resources Confirm validity of scientific names Confirm geographic distribution Check with Foreign Government Authorities Confirm source companies operate legally (licensed/certified) Request pertinent plant protection laws (country of harvest) Keep complete records of your efforts When in doubt –Call APHIS!