The original Lacey Act dates back to 1900, and its purpose is to help prevent the trade of wildlife, plants, and plant products (including timber) that has been illegally taken, held, transported, or sold. The Lacey Act and its various amendments make it unlawful to import certain products without an import declaration.
What should importers know?
When you import plant products or items that contain plant products, you must provide an import declaration confirming that those plant products were legally harvested.
The import declaration must contain:
the scientific name of the plant
the value of the importation
quantity of the plant
the name of the country where the plant came from.
Since 2009, APHIS has been gradually phasing in the declaration requirements for more and more products, and is currently preparing for Phase VII. You can read about the latest Declaration Implementation here. There you can also find out which products currently require a declaration.
The following products do not require a Lacey Act declaration:
Common cultivars, except trees
Common food crops
Scientific specimens of plant genetic material used only for laboratory or field research
Any plant that is to remain planted or will be replanted
Packaging material such as wood crating, wood pallets, cardboard boxes, and packing paper, unless the packaging material itself is the item being imported
A declaration is also not required if the plant material in a product represents no more than 5% of the total weight of the individual product unit, provided the total weight of the plant material in an entry of products in the same 10-digit tariff provision does not exceed 2.9 kilograms.
Note: Plants and plant products protected under U.S. laws or international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Endangered Species Act, or any state law that provides for the conservation of indigenous species under threat of extinction must always be accompanied by a declaration if listed on the implementation schedule.
How to submit a Lacey Act declaration
There are two ways to electronically file a declaration:
Automated Commercial Environment (ACE) – The primary method for filing Lacey Act declarations is through ACE. This automated system allows you to electronically file the data required by U.S. Customs and Border Protection (CBP) and its partner Government agencies, including the APHIS Lacey Act Program.
Lacey Act Web Governance System (LAWGS) – You can also file the Lacey Act declaration through LAWGS, APHIS’ web-based system for importers who would otherwise file a paper declaration. Importers who are using ACE to file customs information and LAWGS to submit a Lacey Act declaration must indicate in ACE that they are filing their Lacey Act declaration through another method.
Mail in a paper declaration – If necessary, you can file a paper declaration using PPQ Form 505.
The U.S. Food and Drug Administration (FDA) has announced that it will delay enforcing the new requirements for registering and listing cosmetics products for six months to make the transition easier for the industry.
MoCRA is the most significant expansion of the FDA’s cosmetics regulation efforts since the Federal Food, Drug, and Cosmetic Act of 1938. It gives the FDA new authority to access and copy certain records related to cosmetic products if certain conditions are met, and the authority to issue mandatory recalls on products if they violate health and safety standards.
MoCRA also establishes new requirements for the industry:
Facility Registration: Cosmetic product manufacturers and processors must register their facilities with FDA, update content within 60 days of any changes, and renew their registration every two years.
Product Listing: A “responsible person” (the manufacturer, packer, or distributor) must list each marketed cosmetic product with FDA, including product ingredients, and provide any updates annually.
Adverse Event Reporting: A responsible person is required to report serious adverse events (such as hospitalization) associated with the use of cosmetic products in the United States to the FDA within 15 business days
Safety Substantiation: Companies and individuals who manufacture or market cosmetics have a responsibility to ensure the safety of their products.
The requirements will apply to the following cosmetics categories:
Baby products, including shampoo, lotion, oil, creams, and baby wipes
Bath products, including bubble bath, bath oils, tablets, and salts
Eye makeup, including eyebrow pencils, eye shadow, and mascara
Childrens’ eye makeup
Fragrances, including perfume and cologne
Hair preparations, including conditioner, hair spray, and shampoo
Hair coloring preparations, including hair dye, tints, and coloring rinses
Non-eye makeup, including blush and rouge, face powder, foundation, and lipstick
Children’s makeup (non-eye), including face paint and lip gloss
Manicuring preparations, including nail polish, nail extenders, and cuticle softeners
Oral products, including mouthwash and toothpaste
Personal cleanliness products, including deodorant, soap, and body wash
Shaving preparations, including shaving cream and aftershave
Skin care preparations, including creams, lotions, powders, and sprays
Suntan lotions, creams, gels, etc.
Tattoo preparations, including permanent and temporary tattoo ink
FDA hosted a webinar that provides an overview of the Modernization of Cosmetics Regulation Act of 2022 and outlines the requirements mandated by the act and the current steps FDA is taking to implement the requirements, including an update on the Voluntary Cosmetic Reporting Program, and information about a public listening session on good manufacturing practices (GMPs).
The Consumer Product Safety Commission (CPSC) has issued two final rules to codify the bans on inclined sleeps for infants and crib bumpers that Congress established in the Safe Sleep for Babies Act.
The Act prohibits importing these products into the U.S., along with their sale, manufacture, and distribution.
The rules implement the statute, which went into effect on November 12, 2022.
The final rule for infant sleepers defines “inclined sleeper for infants” as a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.
Crib bumper is defined in that final rule as any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening; includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers; and does not include a non-padded mesh crib liner.
For example, manufacturers and importers of infant sleep products must certify in a Children’s Product Certificate (CPC) that their infant sleep products comply with the mandatory standard and any additional requirements, after the infant sleep products have been tested for compliance at an approved third-party laboratory.
The Fish and Wildlife Service has made several amendments to the Convention on International Trade in Endangered Species (CITES) Appendix I and II, which deals with the import and export of wild animals and plants into and out of the US.
The majority of the amendments will take effect on Feb. 23, 2023. Any specimens of these species imported into, or exported from, the United States on or after February 23, 2023 will require CITES documentation issued in accordance with the adopted amendment.
Appendices I, II and III are lists of species afforded different levels or types of protection from over-exploitation.
Appendix I lists species that are threatened with extinction. All commercial importing of the species on this list is prohibited. (Rare exceptions apply, such as for scientific research.)
Appendix II lists species that are not currently threatened with extinction but may become so unless trade is closely controlled through permits and certifications.
Appendix III (which is unchanged in this amendment) is a list of species included at the request of a country that already regulates trade in the species and that needs the cooperation of other countries to prevent unsustainable or illegal exploitation.
Species added in Appendix I
Tiliqua adelaidensis (Adelaide scrub skink)
Kinosternon cora (Cora mud turtle)
Kinosternon vogti (Vallarta mud turtle)
Species added to Appendix II
Copsychus malabaricus (White-rumped shama)
Physignathus cocincinus (Chinese water dragon)
Cyrtodactylus jeyporensis (Jeypore Indian gecko, Jeypore ground gecko, Patinghe Indian gecko)
Apalone spp. (Soft-shell turtles) (Except subspecies included in Appendix I)
Centrolenidae spp.(Glass frogs)
Agalychnis lemur (Lemur leaf frog) – With a zero annual export quota for wild-taken specimens traded for commercial purposes
Laotriton laoensis (Laos warty newt) – With a zero annual export quota for wild-taken specimens traded for commercial purposes
Carcharhinidae spp. (Requiem sharks) –Inclusion in Appendix II delayed by 12 months, i.e. until November 25, 2023
Sphyrnidae spp. (Hammerhead sharks)
Potamotrygon albimaculata (Itaituba river stingray)
Potamotrygon henlei (Big-tooth river stingray)
Potamotrygon jabuti (Pearl river stingray)
Potamotrygon leopoldi (White-blotch river stingray)
Potamotrygon marquesi
Potamotrygon signata (Parnaiba river stingray)
Potamotrygon wallacei (Cururu)
Rhinobatidae spp. (Guitarfish)
Hypancistrus zebra (Zebra pleco) – With a zero annual export quota for wild-taken specimens traded for commercial purposes
Thelenota spp. (Redfish sea cucumbers) –Inclusion in Appendix II delayed by 18 months, i.e. until May 25, 2024
Handroanthus spp., Roseodendron spp., Tabebuia spp. (Poui, Trumpet trees) with annotation #17 (logs, sawn wood, veneer sheets, plywood, and transformed wood) –Inclusion in Appendix II delayed by 24 months, i.e. until November 25, 2024
Rhodiola spp. (Roseroot) with annotation #2 (all parts and derivatives except: a) seeds and pollen; and b) finished products packaged and ready for retail trade)
Afzelia spp. with annotation #17 (logs, sawn wood, veneer sheets, plywood, and transformed wood) – Only African populations are included in the Appendices
Dipteryx spp. with annotation #17 (logs, sawn wood, veneer sheets, plywood, and transformed wood) –Inclusion in Appendix II delayed by 24 months, i.e. until November 25, 2024
Pterocarpus spp. with annotation #17 (logs, sawn wood, veneer sheets, plywood, and transformed wood) (Except Pterocarpus santalinus included in Appendix II with annotation #7) – Only
African populations are included in the Appendices
Khaya spp. with annotation #17 (logs, sawn wood, veneer sheets, plywood, and transformed wood) – Only African populations are included in the Appendices
Species moved from Appendix I to Appendix II
Cerathotherium simum simum (Southern white rhinoceros) – population of Namibia is included in Appendix II for the exclusive purpose of allowing in international trade in live animals for in-situ conservation only, and only within the natural and historical range of Cerathotherium simum in Africa. All other specimens remain in Appendix I.
Phoebastria albatrus (Short-tailed albatross) (NOTE: Listed as Endangered under the
Caiman latirostris (Broad-snouted caiman) – population of Brazil included in Appendix II subject to a zero annual export quota for wild specimens traded for commercial purposes (NOTE: Brazil Population Listed as Endangered under the ESA)
Crocodylus porosus (Saltwater crocodile) – population of Palawan islands, Philippines included in Appendix II subject to a zero annual export quota for wild specimens traded for commercial purposes (NOTE: Palawan islands Population Listed as Endangered under the ESA)
Chilabothrus inornatus (Puerto Rican boa) (NOTE: Listed as Endangered under the ESA)
Species moved from Appendix II to Appendix I
Pycnonotus zeylanicus (Straw-headed bulbul) –Inclusion in Appendix I delayed by 12 months, i.e. until November 25, 2023
