Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles

Docket ID: APHIS-2009-0018
Agency: Animal and Plant Health Inspection Service (APHIS)
Parent Agency: Department of Agriculture (USDA)
In response to recent amendments to the Lacey Act, we are establishing definitions for the terms "common cultivar" and "common food crop" and several related terms. The amendments to the Act expanded its protections to a broader range of plant species, extended its reach to encompass products, including timber, that derive from illegally harvested plants, and require that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exemptions to the provisions of the Act. The Act does not define the terms "common cultivar" and "common food crop" but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. Our definitions specify which plants and plant products will be subject to the provisions of the Act, including the declaration requirement.
RIN: 0579-AD11
Impacts and Effects: International
CFR Citation: 7 CFR 357
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2013
Agenda Stage of Rulemaking: Final Rule
Major Rule: No
Legal Authorities: 16 USC 3371 et seq
Legal Deadlines: None
Government Levels Affected: Federal
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: Business
Small Entities Affected: No
International Impacts: Yes
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM08/04/201075 FR 46859
NPRM Comment Period End10/04/2010
Extension of Comment Period10/29/201075 FR 66699
Extension of Comment Period End11/29/2010
Final Rule07/00/2013
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Category: Importation of Plants and Plant Products
Keyword(s): USDA, agriculture
Type: Rulemaking
Program: Plant Protection and Quarantine

Primary Documents

View All  (4)
Comment Period Closed
Aug 08, 2013 11:59 PM ET
Posted: 07/09/2013
ID: APHIS-2009-0018-0025
Comment Period Closed
Nov 29, 2010 11:59 PM ET
Proposed Rule
Posted: 10/29/2010
ID: APHIS-2009-0018-0022
Comment Period Closed
Oct 04, 2010 11:59 PM ET
Proposed Rule
Posted: 08/04/2010
ID: APHIS-2009-0018-0001
Comment Period Closed
Posted: 01/25/2016
ID: APHIS-2009-0018-0029

Supporting Documents

View All  (2)
Comments Not Accepted
Supporting & Related Material
Posted: 07/09/2013
ID: APHIS-2009-0018-0026
Comments Not Accepted
Supporting & Related Material
Posted: 08/04/2010
ID: APHIS-2009-0018-0002


View All  (23)

Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Agency Contact
George Balady
Staff Officer, Quarantine Policy Analysis and Support, PPQ
301 851-2240
4700 River Road, Unit 60, Riverdale, MD 20737-1231
Riverdale, MD 20737-1231
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.