lacey act presentation august 2009
TRANSCRIPT
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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The Amended Lacey Act
United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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Objectives
Brief history of the Lacey Act
Purpose of the Lacey Act
Summary of the Lacey Act
Plant Import Declaration Requirement
The Declaration Implementation Schedule
Exemptions to the Declaration Requirement More Information: The APHIS Lacey Act Website
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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History of the Lacey Act
Oldest wildlife protection
statute in the U.S.
First enacted in 1900
Significantly amended in 1981
Amended again in 2008
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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Purpose of the Lacey Act Amendment
Prevent trade in illegally
harvested lumber
Prevent trade in wood
products made from
illegally harvested
lumber
Provides a tool to assistother countries (and
U.S. States) to combat
illegal logging
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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The Lacey Act makes it . . .
Unlawful to trade in any plant that is taken,
possessed, transported, or sold in violation of the
laws of the United States, a State, Indian Tribe, or
any foreign law that protects plants.
Applies to interstate and foreign commerce
Unlawful to falsify documents, accounts or records
of any plant covered by the Act
Unlawful to import certain plants and plant
products without an import declaration
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
The Lacey Act . . .
Does not require information on legality or chain
of custody
Does not require certification of any kind
Does not establish standards
DOES require Plant Import Declaration
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
Plant Import Declaration
Is made by the importer
Is not issued by a government agency
Is being phased in
Is not a technical regulation or standard
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
Plant Import Declaration
Requires information readily available to importers,
in many/most cases
Requires basic information:
Scientific name of the plant
Name of country in which plant was harvested
Value
quantity
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
March 2009 10
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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Exemptions from the Declaration Requirement
Currently only sections of HTS Chapters 44, 47,
48, and 94 are scheduled to require declaration
Plants and plant products used exclusively as
packing material to support, protect, or carry
another item including (but not limited to):
Instruction manuals, labels, pallets and crating, etc.
Common cultivars and common food crops
To be defined by APHIS and FWS in joint rulemaking
Plants for planting
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8/14/2019 Lacey Act Presentation August 2009
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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Lacey Act vs. Declaration Requirement
The Declaration Requirement is only a small part
of the entire Lacey Act
Even if a shipment is exempt from the Declaration
Requirement the Lacey Act is still in force
Example: Hammers with wooden handles
HTS Chapter 82 no declaration required
The Lacey Act itself still applies to the wooden handles
If the handles were made from illegally harvested trees
the hammer shipment is in violation of the Lacey Act
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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What you will find there . . .
Link to PPQ Form 505: Plant and Plant Product
Declaration Form
Links to Lacey Act Federal Register Notices
Links to other Lacey Act related Documents
Link to look up for plant genus and species
Link to Lacey Act Declaration email address Link to PPQ Stakeholder Registry
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United States Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
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Please refer Lacey Act inquiries to: