Lacey Act Declaration Requirement In Effect

Trade Update • Dec 2, 2024

he U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has implemented the requirement of Lacey Act declaration for a wide variety of materials and plant products, such as furniture, cork, and some essential oils.

Do You Need to File a Declaration?

You do need to file a Lacey Act declaration if all of the following apply to your product or shipment:

• Contains plant material
• Classified under an APHIS-listed Harmonized Tariff Schedule (HTS) code
• Imported as a formal entry
• Falls under one of these entry type codes

You do not need to file a Lacey Act declaration if at least one of the following applies to your product or shipment:

• Free of plant material
• Hand-carried in personal baggage or arrives via international mail
• Contains finished products not classified in an APHIS-listed HTS code, even if some materials used to create the product might otherwise require a declaration
• Imported as an informal entry
• Will not remain in the United States (in-bond movements and carnets)
• Meets the de minimis requirement
• Is in one of these exempt products categories (unless it’s a protected product; then, it requires a declaration)
  • Common Cultivars and Common Food Crops
  • Scientific specimens for lab or field research only
  • Plants that will remain planted or will be planted or replanted

Filing a Declaration

APHIS encourages importers to understand their supply chain and review 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.