Lacey Act Product Compliance

Importers of any products falling within these headings need to be aware of declaration requirements administered by APHIS.  The easiest way to stay informed of developments is to sign up for APHIS email alerts.  Briefly, if your product is falling within these headings, you need to report it using APHIS declaration.  According to Q/A APHIS posting, “Importers should have the form available for Customs and Border Protection (CBP) to review at the port of entry. After CBP clears the shipment, the importer must mail the form to USDA at the following address: The Lacey Act, c/o the U.S. Department of Agriculture, Box 10, 4700 River Road, Riverdale, MD 20737.”

This is yet another statistical exercise that may bring forward liability for of the importers:

“The Lacey Act now makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken, possessed, transported or sold in violation of the laws of the United States, a State, an Indian tribe, or any foreign law that protects plants or that regulates certain plant related offenses. It is the responsibility of the importer to be aware of any foreign laws that may pertain to their merchandise prior to its importation into the United States. Currently, the U.S. Government has no plans to create such a database.”