Lacey Act Declaration Requirements: Changes to Permit Conditions on PPQ Forms 585 and 621

Lacey Act Declaration Requirements: Changes to Permit Conditions on PPQ Forms 585 and 621

 

Many plant products that must be declared under the Lacey Act are imported into the United States under the following two permits:

* PPQ Form 585: Permit to Import Timber or Timber Products

* PPQ Form 621: Protected Plant Permit to Engage in the Business of Importing, Exporting or Re-exporting Terrestrial Plants or Plant Products that are Protected

 

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 and 621. 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. A list of commodities that currently require a Lacey Act Declaration is available at: http://www.aphis.usda.gov/plant_health/lacey_act/downloads/ImplementationSchedule.pdf.

 

Changes to the list of commodities that require a Lacey Act Declaration will be announced through a Federal Register notice before declarations are required for added commodities.

 

About the Lacey Act

APHIS has a broad mission that includes protecting U.S. animal and plant health, administering the Animal Welfare Act, and carrying out wildlife damage management activities. These efforts support the overall mission of USDA: to protect and promote food, agriculture, and natural resources. The Food, Conservation, and Energy Act of 2008, more commonly known as the 2008 Farm Bill, amended the Lacey Act (16 U.S.C. 3371 et seq.) by expanding its protections to a broader range of plants and plant products and requiring APHIS to implement the import declaration requirement for those products.

 

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. 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.

 

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.

 

Additional information on the Lacey Act Program may be found at: http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml