APHIS Retracts Notice Revising Lacey Act Declaration Requirements for Plants/Plant Products

January 29, 2009

In light of the White House’s January 20, 2009 memorandum halting all pending regulations issued by federal agencies, the Animal and Plant Health Inspection Service (APHIS) has retracted a notice intended to be published in the January 23, 2009, that would have announced a revision to the enforcement schedule of the new Lacey Act declaration requirements.

The notice would extend each period of the enforcement phase-in from three to six months, with complete enforcement beginning on September 30, 2010. The initial phase would still begin on December 15, 2008. 

The revised phase-in schedule would also provide an affirmative list of products that fall within each phase of the declaration requirement. In general, products would be phased-in based on their level of complexity and the amount of processing that goes into producing them. Additionally, the government would conduct studies to inform the implementation of the new requirements, which could result in amendments to the list of products requiring declarations. APHIS would initially limit its enforcement actions to formal consumption entries.

APHIS still intends to hold off on prosecuting violations of the new declaration requirement until April 1, 2009.