The Lacey Act: What Importers Need to Know About Declaration Requirements

The Lacey Act requires U.S. importers of plant and wood products to declare the species, country of harvest, and quantity of plant material in their shipments, and failing to comply can result in civil penalties, criminal charges, or forfeiture of goods.

If you import furniture, flooring, paper, musical instruments, or any product containing wood or plant material, this law applies to you. Here is what you need to know to stay compliant.

What Is the Lacey Act?

The Lacey Act is one of the oldest wildlife protection laws in the United States, originally enacted in 1900 to combat illegal trafficking of wildlife and fish. In 2008, Congress significantly expanded its scope through the Food, Conservation, and Energy Act, extending coverage to plants and plant products for the first time.

The 2008 amendment made two major changes relevant to importers:

• It became illegal to import plants or plant products that were harvested, possessed, transported, or sold in violation of any foreign law
• It introduced a new declaration requirement: importers must file documentation identifying the plant species, country of harvest, and quantity in their shipments

For customs purposes, the 2008 amendment is what matters. The original 1900 law primarily governs wildlife and is enforced under separate regulations.

What Products Are Covered Under the Lacey Act?

The Lacey Act applies to a broad range of plant-based products. Coverage extends beyond raw timber to finished and manufactured goods that contain plant material.

Common product categories subject to the declaration requirement include:

• Hardwood and softwood lumber
• Wood furniture and cabinetry
• Flooring and engineered wood products
• Paper and paperboard products
• Musical instruments (particularly those containing rosewood, ebony, or mahogany)
• Baskets, wicker, and rattan goods
• Some fruits, vegetables, and agricultural products

The law is intentionally broad. If your product contains any plant-derived material, including components and packaging, it may fall under the declaration requirement depending on the applicable Harmonized System (HS) code.

Products containing only synthetic materials, metals, or minerals are generally not subject to Lacey Act declaration requirements.

What Is the Lacey Act Declaration Form?

The Lacey Act declaration is filed using APHIS PPQ Form 505. This form must be submitted at the time of importation. It is not a post-entry filing.

The declaration requires the following information for each plant species in the shipment:

• Scientific name: The genus and species of the plant (common names are not sufficient)
• Value: The declared value of the imported plant material
• Quantity: The amount, expressed in the unit of measure appropriate to the species (for example, board feet or kilograms)
• Country of harvest: The country where the plant was harvested, not just the country of manufacture
• Recycled content: The percentage of recycled or recovered material, if applicable

The country of harvest is often the most difficult field for importers to complete accurately. For finished goods like furniture, a manufacturer in Vietnam may use timber originally sourced from multiple countries, and each source must be declared separately.

APHIS administers the declaration requirement and publishes guidance on its website. U.S. Customs and Border Protection (CBP) enforces compliance at the port of entry.

Who Must File a Lacey Act Declaration?

The importer of record is responsible for filing the Lacey Act declaration. This obligation cannot be transferred to the foreign supplier, manufacturer, or freight forwarder. It rests with the party listed as the importer of record on the entry.

APHIS has implemented the declaration requirement on a phased basis. Not all plant products are subject to declaration at this time. APHIS publishes a phase-in list that specifies which HS codes are currently subject to the requirement.

If your HS code is on the phase-in list, you must file a declaration for every shipment. If your code has not yet been phased in, no declaration is currently required, but importers are advised to begin collecting species and harvest information from their suppliers in anticipation of future phase-ins.

To confirm whether your specific product is currently subject to declaration, consult the APHIS phase-in schedule or speak with a licensed US customs broker.

Penalties for Non-Compliance

The Lacey Act carries both civil and criminal penalties, and enforcement is taken seriously.

Civil penalties can reach up to $10,000 per violation. Violations include importing products without a required declaration, submitting false or inaccurate declarations, and trafficking in illegally harvested plant products.

Criminal penalties apply where intent to violate the law can be demonstrated. Convictions can result in fines and imprisonment. For violations involving goods valued at more than $350, felony charges are possible.

Forfeiture is also a risk. Goods that violate the Lacey Act are subject to seizure and forfeiture, regardless of whether the importer knew about the illegal harvest. The law does not require the importer to have known that the plant material was illegally sourced. Ignorance is not a complete defense.

The law does provide a due care standard. Importers who take reasonable steps to verify the legality and sourcing of their products may have a defense against some civil penalties. Maintaining documentation from suppliers about species and harvest origin is the foundation of a due care defense.

How a Customs Broker Can Help With Lacey Act Compliance

Lacey Act compliance involves documentation requirements that sit at the intersection of customs entry filing and APHIS regulation, an area where a licensed customs broker with trade compliance experience can add significant value.

Specifically, a customs broker can help you:

• Determine if your shipment requires a declaration: by reviewing your HS codes against the current APHIS phase-in schedule
• Complete PPQ Form 505 accurately: including identifying the correct scientific names and country of harvest for each species in your product
• Coordinate with your foreign suppliers: to build a process for collecting species and origin documentation before goods ship
• Stay current on regulatory changes: APHIS periodically updates the phase-in schedule and guidance, and what is optional today may be required tomorrow
• Develop a due care program: helping you document supplier verification steps so you have a defensible record in the event of an audit

Our import compliance consulting team works with importers across industries to navigate complex entry requirements. If you are importing into the US and are not certain whether your products require a Lacey Act declaration, we can help you find out before your next shipment arrives.

Frequently Asked Questions About the Lacey Act

What is the Lacey Act in simple terms?

The Lacey Act is a U.S. federal law that prohibits the trade in illegally harvested wildlife, fish, and plants. For importers, the key requirement is a declaration that identifies the plant species, country of harvest, and quantity in shipments of plant-based products.

Does the Lacey Act apply to furniture?

Yes. Wood furniture is subject to Lacey Act declaration requirements if its HS code falls within the current APHIS phase-in schedule. Importers of furniture containing solid wood, veneer, or engineered wood should verify whether a declaration is required.

What is PPQ Form 505?

PPQ Form 505 is the USDA APHIS form used to file Lacey Act declarations. It is submitted at the time of importation and requires the scientific name of each plant species, country of harvest, quantity, and value.

Who enforces the Lacey Act?

The Lacey Act is jointly administered by the U.S. Department of Agriculture (APHIS) and the U.S. Fish & Wildlife Service, with U.S. Customs and Border Protection (CBP) enforcing compliance at ports of entry.

What happens if I import goods without a required Lacey Act declaration?

Failure to file a required declaration can result in civil penalties of up to $10,000 per violation, criminal charges for intentional violations, and forfeiture of the imported goods.

Does the Lacey Act apply to recycled or reclaimed wood products?

Products made from recycled or recovered plant material may still require a declaration, but importers can declare the percentage of recycled content. Products made entirely from recycled material may qualify for reduced declaration requirements in some cases.

A & A Customs Brokers is a licensed customs brokerage providing US and Canadian customs brokerage services and trade consulting to importers and exporters across North America. Contact us to discuss Lacey Act compliance for your import program.