Lacey Act - Proposed rules for seizure of plants, plant products 

May 20: The Animal and Plant Health Inspection Service (APHIS) of the U.S. Agriculture Department today released for publication in the Federal Register a proposed rule amending the forfeiture procedures with respect to plants or plan products seized under the authority of the Lacey Act.

The proposed rule [PDF 128 KB] would provide for conforming amendments, increased monetary threshold in judicial forfeiture cases, assessment of storage costs for seized property, and generally make the rules easier to understand.

The Lacey Act is the oldest U.S. wildlife protection statute, having first been enacted in 1900 and subsequently amended—including the 2008 amendments that expanded Lacey Act protection to a broader range of plants and plant products and make it unlawful to import, export, transport, sell, receive, acquire or purchase certain plants.

The 2008 amendments also require that imports of certain plants and plant products must be accompanied with a declaration providing the scientific name of the plant and where the plant was harvested.

The Lacey Act authorizes the seizure of plants and plant products that were traded contrary to the law’s provisions. The proposed forfeiture procedures would apply to these types of seizures when conducted by APHIS.

This proposed rule will be published in the Federal Register on Tuesday, May 21, 2013. Comments concerning the proposals are due by a date that is 60 days after May 21, 2013.

For more information, contact a professional with KPMG’s Trade & Customs practice:

Douglas Zuvich

(312) 665-1022

Andrew Siciliano

(631) 425-6057

John L. McLoughlin

(267) 256-2614

Todd R. Smith

(949) 885-5617

Luis A. Abad

(212) 954-3094

Amie Ahanchian

(202) 533-3247

Or your local KPMG Trade & Customs professional.

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