USDA Seeks Common Cultivar, Common Food Crop Definitions

WASHINGTONIn light of recent amendments to the Lacey Act, the U.S. Department of Agriculture (USDA) is seeking comments on its request to formally define the terms common cultivar" and common food crop", which would specify which plants and plant products will be subject to the provisions of the Act, including the declaration requirement.

The amendments 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 importers to 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"; however, it gives authority to the USDA and the U.S. Department of the Interior to define the terms by regulation.

Comments are due on or before Oct. 4, 2010. Electronic comments can be submitted at www.regulations.gov. Written comments can be sent to Docket No. APHIS-2009-0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.