USDA Steps Up Efforts Against Illegal Plant Trafficking
This fall, APHIS will announce the schedule for the next phase of the Lacey Act declaration implementation: Phase VII. Importers need to prepare now! Phase VII will encompass a variety of materials and plant products that previously did not require a declaration. In October 2022, APHIS initiated an outreach campaign to inform stakeholders about this upcoming phase.
During Phase VII, Lacey Act declarations will be mandatory for all remaining plant product Harmonized Tariff Schedule (HTS) codes, excluding 100-percent composite materials. This means a broad range of imported products—such as furniture, additional essential oils, and cork—will now require Lacey Act declarations for the first time.
Message to Importers: If you import items containing plant products and are not currently filing a Lacey Act declaration, you will likely need to start once Phase VII is implemented. Prepare now by familiarizing yourself with your supply chain and reviewing the necessary information to file a declaration. APHIS’ Lacey Act web page offers the following guidance:
- Understand your supply chain for each plant material in the product.
- Learn how to file a declaration.
- Read the frequently asked questions.
- Stay connected.
Why is the Lacey Act Important?
The Lacey Act, originally enacted in 1900 to combat bird poaching, was significantly amended by the 2008 Farm Bill to extend protections to a broader range of plants and plant products. These amendments make it unlawful to import certain products without a declaration, focusing on illegal logging and the harvesting of wild plants—practices often linked to terrorism, political instability, deforestation, and unlawful trade.
Key Points for Importers:
You can help stop illegal timber trade and protect endangered species. Under federal law, a Lacey Act declaration is required to import certain plants and plant products into the United States. Your declaration helps prevent illegal trade in timber and timber products, thereby protecting forests, people, and wildlife globally.
“When importing plant products or items containing plant products, you must ensure they were legally harvested,” said Erin Otto, Lacey Act National Policy Manager. “The import declaration must include the scientific name of the plant, the import value, quantity of the plant, and the name of the country of origin.” Since 2009, APHIS has been gradually phasing in the declaration requirement.
Exemptions from Lacey Act Declarations:
- Common cultivars, except trees
- Common food crops
- Scientific specimens of plant genetic material used solely for research
- Plants intended to remain planted or be replanted
- Packaging materials such as wood crates, pallets, cardboard boxes, and packing paper used for cushioning or support, unless these materials themselves are being imported
- Plant material in a product that represents no more than 5 percent of the total weight, provided the total weight of plant material in an entry of products within the same 10-digit tariff provision does not exceed 2.9 kilograms
Learn more about the Lacey Act and its relation to plants and plant products by visiting the APHIS website. For additional questions, contact the APHIS Lacey Act program staff at [email protected].
To see which plants and plant products require a declaration, visit the Lacey Act website and select Implementation Schedule.
Original Article Below
