U.S.: APHIS Proposes Definitions for Lacey Act Exemptions

On August 4, 2010, the Animal and Plant Health Inspection Service (“APHIS”) of the U.S. Department of Agriculture (“USDA”) issued proposed regulations under the Lacey Act, 16 U.S.C. § 3371 et seq. The Lacey Act is a wildlife protection statute designed to combat illegal trafficking in wildlife, fish, and certain plants. The Food, Conservation, and Energy Act of 2008, Public Law 110-234, amended the Lacey Act by expanding its protections to a broader range of plants and plant products. It also exempted certain categories from the provisions of the Act, including common cultivars and common food crops. The amendments did not define “common cultivar” or “common food crop,” but did direct USDA and the Department of the Interior (“DOI”) to promulgate regulations defining these terms. The August 4, 2010 proposed rule would define those terms in a new Part 357 of the APHIS regulations in Title 7 of the Code of Federal Regulations. The preamble explains that the proposed definitions are designed to ensure that these exemptions do not place plants of conservation concern at risk, while exempting plants of species grown commercially on a large scale.

Download (PDF, 383.36KB)

Comments are closed.