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)

We are adopting as a final rule, without change, an interim final rule that established definitions for the terms common cultivar and common food crop and several related terms. The 2008 amendments to the Lacey 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 required 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 exclusions 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. The interim final rule specifically requested comment on definitions of two related terms: commercial scale and tree. This document responds to comments we received on those definitions.


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 2016
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 16 U.S.C. 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
NPRM Comment Period Extended10/29/201075 FR 66699
NPRM Comment Period Extension End11/29/2010
Interim Final Rule07/09/201378 FR 40940
Interim Final Rule Comment Period End08/08/2013
Interim Final Rule Effective09/09/2013
Affirmation of Interim Final Rule01/25/201681 FR 3939
Affirmation of Interim Final Rule Effective01/25/2016
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
Current Stage
Agency Contact
Parul Patel
Senior Agriculturalist, Imports, Regulations, and Manuals, PPQ
301 851-2351
4700 River Road, Unit 60
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.