What is the Lacey Act?
Originally enacted in 1900 and expanded through the Food, Conservation and Energy Act 2008, the Lacey Act is designed to combat the trafficking of illegally sourced wildlife, fish and plants.
The 2008 amendments significantly broadened its scope by:
- Covering a wide range of plants and plant-based products, including timber, paper and furniture
- Making it unlawful to import plant materials that have been illegally harvested under any foreign or domestic law
- Requiring importers to submit a declaration detailing the content and origin of plant materials
In essence, the Act links access to the US market to the legality of sourcing at origin.
Core compliance requirement: The import declaration
For many products, US importers are required to submit a Lacey Act declaration to the Animal and Plant Health Inspection Service (APHIS) at the point of import.
A declaration is generally required where a consignment:
- Contains plant material
- Falls within specified Harmonised Tariff Schedule (HTS) codes
- Enters the United States as a formal import entry
The declaration must include:
- The scientific name of the plant (genus and species)
- Country of harvest
- Quantity of plant material
- Importer and manufacturer identification details
Although the importer of record submits the declaration, its accuracy relies heavily on information provided by upstream suppliers.
Why third‑country manufacturers matter
While the law is enforced at the US border, the Lacey Act explicitly makes it unlawful to trade in plants that breach the laws of the country where the material was sourced.
This means:
- Manufacturers in any country must ensure that raw materials are harvested legally in accordance with local laws
- Inaccurate or incomplete information can expose US importers (and indirectly their suppliers) to enforcement risk
- It is also unlawful to submit false or misleading information relating to plant materials
Accordingly, US government guidance places strong emphasis on supply chain transparency.
Compliance steps for third‑country manufacturers
Based on APHIS and wider US Federal guidance, third‑country manufacturers should adopt the following practices:
1. Verify legal sourcing at origin
The Lacey Act is fundamentally based on legality. Manufacturers must ensure that all plant materials:
- Are harvested in compliance with local forestry, land use and environmental legislation
- Are not derived from illegal logging or protected species
Failings at this stage create direct compliance risks for downstream importers.
2. Map and understand the supply chain
US guidance encourages importers to “know your supply chain for each piece of plant material in the product.”
In practice, this requires manufacturers to:
- Identify all upstream suppliers (e.g. forests, mills, traders)
- Track the flow of materials through the production process
- Distinguish between different species or sources where relevant
3. Maintain accurate product data
Manufacturers should be able to provide:
- Scientific species names
- Country of harvest (rather than simply country of manufacture)
- Quantities of each material used
This information feeds directly into the importer’s declaration and must be robust and reliable.
4. Support the importer’s declaration process
Declarations are submitted electronically via systems such as ACE (Automated Commercial Environment).
Manufacturers should therefore:
- Provide standardised data sheets for each product
- Ensure consistency across invoices, packing lists and Lacey Act data
- Respond promptly to any importer queries
5. Prepare for broad product coverage
APHIS has been phasing in coverage since 2009, with more recent phases extending requirements to almost all plant-based products.
Manufacturers should assume that:
- Most plant-derived goods will require a declaration
- Compliance expectations are likely to continue expanding
6. Avoid errors and misstatements
The Act explicitly prohibits the submission of false records or the misidentification of plant materials.
Manufacturers should therefore:
- Verify species identification carefully
- Use consistent naming conventions
- Implement appropriate internal review and quality control processes
Practical takeaways and considerations
From a US government perspective, Lacey Act compliance centres on traceability and legality:
- Legality: Ensure all plant materials comply with the laws of the country of harvest
- Traceability: Maintain clear, verifiable information on species and origin
- Transparency: Provide accurate data to US importers for declarations
Third‑country manufacturers that embed these principles into their operations will be well placed to support compliant trade into the United States, reducing risk, supporting their customers and maintaining dependable access to one of the world’s largest markets.
If you think your exports will need to comply with the Lacey Act and need help understanding where to start, get in touch and GTD will be happy to help.
