© [2019], NCBFAA, Washington D.C. Monday Morning eBriefing. Originally published [08/05/2019]. www.ncbfaa.orgReprinted by permission.

The Animal and Plant Health Inspection Service (APHIS) is soliciting public comment on regulatory options to address implementation issues with the Lacey Act declaration requirement for certain plants and plant products. Notably, APHIS is proposing to establish an exception to the declaration requirement for products containing a minimal amount of plant material. This is a concept that many industry groups, including NCBFAA, have advocated as far back as 2009.  Included in the issues on which APHIS is seeking comments are:   

  • What should be the scope of the definition of plant materials?
  • What is the appropriate threshold for the limited exception for imported products containing minimal amounts of plant material?
  • Should Lacey Act declarations be submitted within three business days of importation? 

 The Federal Register notices can be found here and here. The deadline for submitting comments is September 7. NCBFAA’s Regulatory Agencies Committee (RAC) will be developing comments to submit to APHIS and invites any NCBFAA member with views on these issues to contact RAC Vice-Chair Myra Reynolds at Myra.Reynolds@johnsjames.com