The Lacey Act is heading towards us like a slow moving freight train. It requires that exporters (importers) report the specie of wood or plant parts being imported and the name of the country where the wood or plant parts were taken (harvested). Of course the intent is to stop the illegal harvesting of wood, lumber, plants and plant parts. Sadly it covers just about anything that might have wood or plant parts in the make up of the article from: Chapter 6, plants and plant parts; Chapter 12 (oil seeds, grains, seeds, fruits, plants); Chapter 13 (gums, resins, extracts and vegetable saps); Chapter 14 (vegetable plaiting materials & products); Chapter 44 (wood and lumber products); Chapter 45 (cork and cork articles); Chapter 66 (umbrellas walking sticks, etc); Chapter 82 (tools); Chapter 93 (guns, gun stock); to Chapter 95 (toys, games & sporting goods). From what we can see even waste and scrap paper is included, and will most likely include just about anything that has or is made up of wood or plant parts.
Implementation Schedule:
December 15, 2008
- USDA / APHIS / CBP to start enforcement process.
- No declaration required at this point.
- If fraudulent declaration is supplied forfeiture and prosecution can occur.
March 2009
- Plant Import “FORM” will be available on web site
April 1, 2009 (or shortly thereafter)
- Electronic System is to be in place
- “FORM / DECLARATION” required for Wood Products (Chapter 44) and Plant Parts (Chapter 6)
- Phase in period will provide leniency of enforcement (for a couple of months).
July 1, 2009
- Declaration required for all other commodities.
Much more can be read about the Lacey Act (part of the Farm Bill) at a number of web sites. Instead of trying to mass email attached documents to this email we’ll provide you the link to the necessary web sites for your knowledge base and research.
Certainly there will be many questions regarding this enormous piece of legislation and the impact on importers and exporters. We wanted to take this opportunity to advise you of the pending legislation, to pass along the information available to us, and let you know that we anticipate a rather slow phase in period for the Act.
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