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USDA: Lacey Act applies to imported paper products

Games manufacturers and comics publishers who print books and other paper products outside the U.S. will soon have to fill out an import declaration specifying which species of trees or plants was used in making the paper components, according to a news update from the Game Manufacturers Association (GAMA). In the update, GAMA Public Relations Coordinator John Kaufeld said, “According to the latest information that we received from the U.S. Department of Agriculture (USDA), the new expansions to the Lacey Act DO cover paper products used in our books and games.”

The Lacey Act combats trafficking in “illegal” wildlife, fish, and plants, and was amended in May 2008 to make it illegal to import plants and plant products into the US without an import declaration that lists the type of products used and shows their country and region of origin. GAMA has been in discussions with the Animal and Plant Health Inspection Service (APHIS) and U.S. Customs and Border Protection regarding the provisions of the Lacey Act to clarify how they will affect GAMA’s membership.

Kaufeld quoted a USDA representative as saying, “Yes, the Lacey Act and the Declaration requirement do apply to paper, recycled paper and cardboard. To comply with the declaration requirement, you would need to fill out the declaration form available at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml. Your membership will need to know what species of tree was used to produce the paper. In the case of recycled material, you would need to indicate the % of recycled material, as well as, the species used to produce the non-recycled portion.”

The declaration requirement does not currently apply to packing materials, unless that is the product being imported. The paperwork to support the new changes to the Lacey Act, the Plant and Plant Product Declaration Form (PPQ Form 505), is now available online at: http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf

The requirement to provide a declaration did not go into effect until Dec. 15, 2008. Enforcement is to be phased in and is anticipated to begin in Spring 2009. Failure to provide the declaration once enforcement begins may result in delayed or refused shipments by Customs, and/or fines.

For more information regarding the Lacey Act, please see the APHIS website: http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml

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