U.S. Lacey Act and SCS LegalHarvest™
Frequently Asked Questions
What is the Lacey Act?
The Lacey Act is a U.S. law first enacted in 1900 that prohibits illegal harvest and trade in certain animals and plants.
What changes were recently made to the Lacey Act?
In May 2008, the U.S. Congress expanded the Lacey Act to cover illegal harvesting and trade of any wild member of the plant kingdom (excluding common food crops), most notably trees and wood products. The purpose of this change is to eliminate imports of illegally harvested wood into the United States of America.
If I am importing or exporting wood or paper products into the U.S., what am I required to do under the Lacey Act?
- Practice ‘due care’ to ensure you are sourcing products that have been legally harvested and traded.
- Complete a USDA Animal and Plant Health Inspection Service (APHIS) Declaration Form that will require you to know:
- the scientific name of the tree species
- the country of harvest
What constitutes a violation of the Lacey Act?
- A plant that is taken, harvested, possessed, transported, sold or exported in violation of an underlying law in any foreign country or the U.S. and then brought into and/or traded within the U.S.
- Not submitting or falsifying information on a declaration form
What kinds of penalties and fines are imposed on violators?
Three types of penalties are levied based on the severity of the infraction and level of ‘due care’ employed by the importing company or individual:
- Civil Penalties – fines up to US$10,000
- Criminal Penalties – fines up to US$500,000 and five years imprisonment
- Forfeiture – confiscation of the products
How is ‘due care’ defined?
Due care is a U.S. legal term that refers to “that degree of care which a reasonably prudent person would exercise under the same or similar circumstances. As a result, it is applied differently to different categories of persons with varying degrees of knowledge and responsibility.” (Senate Report 97-123)
How will the Lacey Act be enforced?
Enforcing agencies include the USDA-APHIS, Department of Fish and Wildlife, Customs and Boarder Protection and the Department of Homeland Security. These agencies will gather information and investigate based on the likelihood of a violation. It is likely that higher-risk countries and species will be more closely watched. Additionally, many non-governmental organizations (NGOs) will be taking an active role by doing their own investigations and providing evidence to the enforcement agencies.
What is the SCS LegalHarvest Verification program?
A program designed for responsible companies who are looking for a systematic way of demonstrating ‘due care’ in sourcing forest products with the goal of eliminating illegally harvested wood from their supply. SCS LegalHarvest provides recognition for companies once they have met necessary program requirements towards achieving that goal.
Will SCS LegalHarvest make my company Lacey Act compliant?
There is no existing standard or program that would assure a company’s compliancy with the Lacey Act. The law does not clearly specify what constitutes ‘due care,’ nor does it exempt companies who practice due care from penalties if they are found in violation of the law. What is clear is that companies will need to have a system in place for collecting information on their wood supplies and documenting actions taken to reduce the likelihood of trading in illegal product. The SCS LegalHarvest Verification program provides such a system and is an “off the shelf“ program, designed by forest certification leaders who know the forest management and forest products manufacturing industries affected by this law.
Find out how LegalHarvest Verification can help you avoid illegal timber.
