Attached (click here for attachment) is a copy of a USDA Animal and Plant Health Inspection Service notice that will appear in tomorrow's Federal Register.  The notice discusses USDA's plans for phased-in implementation of the Lacey Act amendments.  There will be a 60-day comment period on the FR notice.  The notice also announces a  public workshop on October 14 from 10-12 in the Jefferson Auditorium, South Agriculture Building, U.S. Department of Agriculture, 400 Independence Avenue SW., Washington, DC.

Some things to note in the FR notice:

• CBP is currently developing an electronic system that will collect the remaining data required to be declared, and we intend to begin enforcement of the declaration requirements upon completion of the electronic system. CBP anticipates completing the electronic system by April 1, 2009.
• Prior to the availability of electronic filing, from December 15, 2008, to April 1, 2009, or as soon thereafter as the electronic system is available, APHIS will make a paper declaration form available for voluntary submission.
• No agencies with Lacey Act enforcement authority will bring prosecutions or forfeiture actions for failing to complete the paper declaration form before the electronic system for data collection is available (April 1, 2009, or after); however, any person who submits a form containing false information may be prosecuted.

Proposed Phase-in Period:

• Phase I - Present - March 2009 - voluntary PPQ Plant Import Declaration Form will be available on Web site, and accepted after Dec. 15, 2008.
• Phase II - April 1, 2009 (or when electronic system is available) - import declaration required for HTS Chapters:
  • 44 (wood & articles of wood) and
  • 6 (live trees, plants, bulbs, cut flowers, ornamental foliage, etc.)
• Phase III - July 1, 2009 (approximate) - import declaration required for HTS Chapters:
  • 47 (wood pulp)
  • 48 (paper & articles of)
  • 92 (musical instruments)
  • 94 (furniture)
  • Plus chapters included in Phase II
• After September 30, agencies will phase in enforcement of the declaration requirements for additional chapters containing plants and plant products covered by the Lacey Act.  A follow up FR notice will be published with this schedule.  Products included in this stage include, but are not limited to HTS Chapters:
  • 12 (oil seeds, misc. grain, seed, fruit, plant, etc.)
  • 13 (gums, lacs, resins, vegetable saps, extracts, etc.)
  • 14 (vegetable plaiting materials and products not elsewhere specified or included)
  • 45 (cork and articles of)
  • 46 (basket ware and wickerwork)
  • 66 (umbrellas, walking sticks, riding crops)
  • 82 (tools)
  • 93 (guns),
  • 95 (toys, games and sporting equipment)
  • 96 (brooms, pencils, and buttons)
  • 97 (works of art).

Courtesy of Jonathan E. Gold
National Retail Federation