In the Food, Conservation, and Energy Act of 2008, amendments to the Lacey Act became law, making it unlawful to import, export, transport, or possess any goods in violation of plant protection laws of the U.S., Indian tribes, or any foreign country. In order to enforce the law, importers are required to document the scientific name of the plant (genus and species), quantity of the plant and name of the country from which the plant was harvested. Under the amended Lacey Act, “plant” is defined as “any wild member of the plant kingdom including roots, seeds, parts or product thereof, and including trees from either natural or planted forest stands.”

While there are some exemptions to the reporting requirements such as packaging (when included with the product), “common cultivars and common food crops,” scientific specimens for lab testing and plants that are to remain planted or to be planted or replanted, nearly every category of product (85 of the 97 chapters of the U.S. Harmonized Tariff Schedule) is affected. This includes anything containing a plant product from a wood button on a sweater to pharmaceuticals, cars, textiles, food products, furniture and paper. It also includes products that are accompanied by instruction manuals (including electronics and appliances) or that have paper or fabric hangtags or content labels.

Imported display properties are subject to compliance and it is possible that last minute shipments from unknown or unverifiable suppliers will be unable to clear customs. Violations of the Lacey Act provisions can result in civil and/or criminal penalties for importers such as fines and imprisonment as well as forfeiture of the merchandise. Legal experts have estimated potential fines from $20,000 to $250,000 and prison terms from one to five years per violation.

As a licensed customs broker, Rogers Worldwide facilitates exhibitor compliance with regulations and streamlines clearance procedures.

Rogers Worldwide Customs Brokerage and International Freight Forwarding 

1-702-272-1596, import@rerogers.com, www.rerogers.com