Lacey Act De Minimis Exception Approved

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is establishing an exception to the Lacey Act import declaration requirements for products containing a minimal, or “de minimis,” amount of plant material.  This exception allows for a “threshold of no more than 5 percent of the total weight of the individual product unit, provided that the total weight of the plant material in an entry of products in the same 10-digit provision of the U.S. Harmonized Tariff Schedule does not exceed 2.9 kilograms.  This exception ensures that the declaration requirement fulfills the intent of the Lacey Act while reducing the regulatory burden on importers.  The exception will not apply to protected plant species.”

If some of your products are eligible for this exemption, please indicate that information on your documents for entry.

The final rule can be found here.