Lacey Act Declaration Required Dec. 1, 2024

Trade Update • June 4, 2024

he U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced the schedule of the next phase of Lacey Act declaration implementation. Phase VII will include a wide variety of materials and plant products, such as furniture, cork, and some essential oils that have not yet required a declaration.

Products Covered

In Phase VII, Lacey Act declarations will be required for all remaining plant product Harmonized Tariff Schedule (HTS) codes that are not 100-percent composite materials. Importers of such items who do not currently file a Lacey Act declaration will likely need to file one once APHIS implements Phase VII.

A full list of products covered can be found here.

Be Prepared

APHIS encourages importers to prepare in advance by becoming familiar with their supply chain and reviewing what information is necessary to file a declaration. APHIS’ Lacey Act web page provides this guidance:

• Know your supply chain for each piece of plant material in the product
• Learn how to file a declaration
• Read the frequently asked questions
• Stay connected

Information Required to File

• Scientific name (Genus and species)
• Country of harvest
• Quantity of the plant material in metric units of measure
• Manufacturer Identification Code (MID)
• Name/contact information of the Importer of Record (IOR) who is certifying the accuracy of the declaration

More information regarding what is needed on a Lacey Act Declaration can be found here:

• Information to Include on a Lacey Act Declaration
• Lacey Act Phase VII Implementation: Frequently Asked Questions

Lacey Act

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 previous notices APHIS published in the Federal Register.

Learn more about the Lacey Act and how it relates to plants and plant products by visiting the APHIS website.

Source: USDA APHIS