Lacy Act Federal Register Notice

Here is a link to a notice published today (10/8/2008) in the Federal Register.  In the notice, APHIS sets out its planned phase-in of Lacey Act enforcement.

The notice says that APHIS is working with Fish & Wildlife to define crop plants and common cultivars, which are exceptions to Lacey Act reporting requirements.  In addition, the notice says that paper reporting will begin as scheduled on December 15 and that an electronic reporting system is planned for as early as April 1.  APHIS says there will be no enforcement actions for failing to file a paper declaration, although false declarations may result in prosecution.  After the electronic system is up and running, compliance will be phased in for groups of products based on a schedule APHIS has set.

Beginning April 1, 2009 (assuming the system is in place), APHIS will require electronic reporting for HTSUS Chapters 44 and 6.  Beginning July 1, 2009 APHIS will add chapters 47, 48, 92, and 94.  Depending on how things are working, starting September 30, 2009, additional chapters will be added.

APHIS plans to hold a public meeting on this on October 14, 2008.  Also, comments may be submitted on or before December 8.

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