Lacey Act Amendments – Deadline to Comment on NPRM December 8, 2008

(IE Canada)

A Notice of Proposed Rule-Making (NPRM) with respect to implementation of amendments to the Lacey Act appeared in the U.S. Federal Register on October 8, 2008. Comments must be submitted by December 8, 2008.

A copy of the NPRM is available on the United States Department of Agriculture website at here. This website also includes other useful information, including the transcript of a public meeting held on October 14, 2008 by the United States Animal and Plant Health Inspection Service (APHIS) to discuss implementation and answer questions regarding the new Lacey Act requirements.

The 2008 Farm Bill enacted in June 2008 expanded the Lacey Act to prohibit trade in products made from illegally harvested or traded plants and plant products, including trees. (The Lacey Act prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold.) The amendments also established a new import declaration requirement for ALL plants and plant products imported into the United States, which must include the scientific name of any plant used to produce plant products, including the genus and species, and the country of harvest of the plant. This new import declaration is scheduled to be enforced on a phased-in basis once the declaration can be filed electronically (anticipated for April 1, 2009). Importers may file a paper declaration on a voluntary basis as of December 15, 2008.

A broad range of products is subject to the law, including furniture, paper, wood flooring, wine with corks, musical instruments, pharmaceutical products, textiles and wearing apparel, lipstick, cigarettes, dried soup, hairspray, umbrellas, boats, chewing gum, pots and pans with wooden handles, maple syrup and any product that comes with an instruction booklet or hang tags.

IE Canada would like to hear from those with concerns about implementation of the Lacey Act Amendments. If you wish to take advantage of this opportunity to comment on the Notice of Proposed Ruling Making. Please provide your comments to Amesika Baeta at abaeta@iecanada.com or (416) 595-5333, ext. 41 by Wednesday, December 3, 2008.