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USDA/APHIS

RIN: 0579-AD11

Publication ID: Spring 2011

Title: Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles
Abstract: In response to recent amendments to the Lacey Act, we are proposing to establish definitions for the terms "common cultivar" and "common food crop." The amendments to the Act expanded its protections to a broader range of plant species, extended its reach to encompass products, including timber, that are derived from illegally harvested plants, and require 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 exemptions 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. Our proposed definitions would clarify which plants and plant products will be subject to the provisions of the Act, including the declaration requirement.
Agency: Department of Agriculture(USDA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 7 CFR 357
Legal Authority: 16 USC 3371 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/04/2010	75 FR 46859
NPRM Comment Period End	10/04/2010
Extension of Comment Period	10/29/2010	75 FR 66699
Extension of Comment Period End	11/29/2010
Next Action Undetermined	To Be Determined

Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Related Agencies: Joint: DOI/FWS;Common: DHS/USCBP, USDA/FS, null/null, DOJ, null/null;
Agency Contact: George Balady PEIP Cost and Fee Analysis, PPQ Department of Agriculture Animal and Plant Health Inspection Service 4700 River Road, Riverdale, MD 20737 Phone:301 851-2338