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APHIS Announces Phase Six of the Lacey Act Enforcement Schedule


Washington, D.C., March 30, 2020 – The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is announcing the implementation of phase six of the Lacey Act enforcement schedule, which will go into effect on October 1, 2020. First enacted in 1900, the Lacey Act combats trafficking in illegally taken wildlife, fish, or plants. The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. APHIS ensures compliance with the declaration requirement as part of its mission to protect the health and value of American agriculture and natural resources, and it began enforcing the declaration requirement on April 1, 2009.

Since 2009, APHIS has been phasing in enforcement of the declaration requirement, as described in three previous notices APHIS published in the Federal Register. To view these notices please visit http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.

APHIS is inviting public comment on the products covered under the phase six enforcement schedule, including certain essential oils, wood cases and trunks, and musical instruments, among other things. We are also asking whether any other products should be included in phase six. If APHIS includes additional products in the phase six enforcement schedule, it will provide at least six months’ notice to persons and industries affected by those changes. For more information about the Lacey Act and the products that currently require a declaration, go to http://www.aphis.usda.gov/plant_health/lacey_act/.

APHIS will consider all comments received on or before June 1, 2020. This notice, which includes the full list of products covered under phase six, may be viewed in the Federal Register upon publication on March 31, 2020 at https://www.federalregister.gov/documents/2020/03/31/2020-06695/implementation-of-revised-lacey-act-provisions.


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