A Rosa gallica by any other name?USDA Levies New Requirements on Imported Plants and Plant Products

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The Lacey Act is the U.S. Department of Agriculture’s primary tool for combating illegal imports of wildlife, fish, and plants. Under the Act, it is unlawful to import – or for that matter to “export, transport, sell, receive, acquire, or purchase” – any plant harvested or traded in violation of any state’s laws, or most foreign laws.

Amendments to the Act in 2008 expanded its reach to protect more plants and plant products. (Before these amendments, many of these restrictions only applied to endangered species.) As of December 15, 2008, certain plants and plant products cannot be imported into the United States without an import declaration. This declaration must indentify the following information:

– scientific name of any imported plant (including genus and species),
– value of the importation,
– quantity of the plant, and
– name of the country from which the plant was taken (not just exported).

There are certain types of plants that are exempt from the new amendments. These include “common cultivars” (except trees), common food crops, scientific specimens of plant genetic material used in research, and plants that are to remain planted or to be planted or replanted. The USDA will be defining exactly what is meant by a “common cultivar” in the coming months.

It is important to note that import declarations are also required for plant products. Examples of such products – to the extent that they contain covered plants – include lumber, paper, furniture, sporting goods, musical instruments, vehicles, pharmaceuticals and textiles. The effect for importers will be far-reaching.

An electronic system soon will become available for collecting the information required on the declaration. In the meantime, importers may submit a paper form containing the required information on a voluntary basis. Once the electronic systems are in place, declarations will be mandatory and civil and criminal penalties may apply for failure to comply. Merchandise found to be in violation of these provisions may be subject to seizure and forfeiture.

To help importers generate the required information, USDA’s Animal and Plant Health Inspection Service (APHIS) has developed an online tool for looking up the genus and species names of plants. The tool is invaluable for complying with the new Lacey Act amendments. It can also make you sound smarter as you present your loved one with a gorgeous bouquet of Dianthus caryophyllus.

Fuerst Ittleman has years of experience in meeting USDA and other government agency requirements for the importation of plants and plant products. For assistance with your valuable importations, please contact us at 305 350 5690 or contact@fidjlaw.com.

A Happy, and More Secure, 2009

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Instead of merely wishing its people a “Happy New Year” for 2009, U.S. government regulators have taken many recent actions to ensure that 2009 will be a more secure new year as well – secure from potential threats posed by foreign imports.

U.S. Customs and Border Protection recently (CBP) enacted its “10+2” rule, more formally called the “Importer Security Filing and Additional Carrier Requirements.” This rule requires U.S. importers to provide CBP with ten additional data elements (such as the manufacturer and country of origin) as part of import filings, and requires import vessel carriers to provide two extra pieces of information to the agency. The purpose of this rule is to enhance CBP’s ability to identify high-risk shipments – such as potential weapons for terrorists – before they enter the United States.

Similarly, the Consumer Product Safety Improvement Act (CPSIA) was signed into law in 2008 and gives the Consumer Product Safety Commission powerful new tools to safeguard us from hazardous imported products. The CPSIA is primarily aimed at protecting children from imported toys and other products, which may contain hazardous substances such as lead and other contaminants. It requires that manufacturers – including importers – and private labelers of certain products certify (by issuing a certificate that accompanies the product) that the products comply with all applicable consumer product safety rules.

Joining the fight against potential threats posed by hazardous, imported products, the U.S. Food and Drug Administration’s Food Protection Plan targets the $49 billion worth of food imported into the United States each year, and the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service is busy safeguarding the meat, poultry, egg product, and agricultural commodities coming over our borders every day.

Does all of this regulation make us more secure?

We know so. We have seen melamine-laced consumer products stopped at our ports and disease-infested meats denied entry to the U.S. We have first-hand knowledge of dangerous materials being intercepted by CBP and unsafe medical products kept from entering U.S. commerce.

Thanks to the tireless efforts of these government regulators and the men and women serving at our borders, like you, we are looking forward to a happy, prosperous and more secure 2009.

Best wishes to all of our friends and clients in the coming year!

For more information on how Fuerst Ittleman can assist you in meeting these requirements or your other regulatory or legal needs, please contact us at 305 350 5690 or contact@fidjlaw.com.

International Business Leadership Award 2008

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FHI has been nominated to receive the International Business Leadership Award 2008. This award is sponsored by the Greater Miami Chamber of Commerce. One hundred Corporations were initially nominated and FHI is now in the final twenty five under consideration for the award. FHI has shown great success in the areas considered for the award which are Innovation/Innovative Practices, Long Term Success, Near-Term Achievement, Special Regional Recognition, Community Involvement and Not-For-Profit

FDA Food Protection Plan

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FHI Briefing on Import Prototype Proposal: Accreditation of Global Compliance Verification Services

“The prototype proposed by FHI in June 2005 consists of a voluntary Third Party
Verification and/or Self Certification in the United States. The purpose of this pilot
program is similar to that used in the medical device industry to: (1) provide exporters of
food into the U.S. a proactive review process that could yield more rapid admissibility
decisions at the time of entry; and (2) enable FDA to use its scientific and regulatory
review resources for high-risk food products, while maintaining confidence in the review
by third parties of low-to-medium risk foods as well as certain high risk foods. The
prototype contemplated a program for all food manufacturers. The initial prototype was
formulated as a proposal for implementation as to bottled water.”

To read the full notice in PDF format please click here.

Download Mitchell S. Fuerst’s vCard

Mitchell S. Fuerst, Esq., and Andrew S. Ittleman, Esq.,

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Mitchell S. Fuerst, Esq., and Andrew S. Ittleman, Esq., C.A.M.S. will speak at the International Money Transmitters Convention on November 15–16, 2007 at the Bahia Mar Beach Resort, 801 Seabreeze Blvd., Fort Lauderdale, FL

Link : http://www.nmta.us/portal/page.php?47

Additional information:

The panel : Ask the Experts: Money Transmitters and Money Laundering Prosecutions for The Defense:
– George Brown, Merle, Brown & Nakamura P.C.
– Sam Rosenthal, Curtis, Mallet-Prevost, Colt & Mosle LLP
– Mitchell Fuerst, Fuerst Ittleman
– Andrew Ittleman, Fuerst Ittleman

The IMTC is being organized by the National Money Transmitters Association www.nmta.us in cooperation with the Florida International Bankers Association (FIBA). Anyone who has an interest in the money transfer industry will benefit and is invited to attend, including not only transmitters and their employees, but also agents, bankers, credit unions, micro-finance institutions, professional service providers, folks from all related MSB industries, and government officials.

Fuerst Ittleman Blog

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Fuerst Ittleman brings together specialists in the fields of regulatory compliance (FDA, customs, USDA, EPA and international trade law), tax and tax litigation, anti-money laundering business compliance and litigation, corporate commercial transactions and complex civil and white collar litigation related to these areas.

The firm is located in Miami and represents both domestic and foreign clients before the governmental and international agencies that regulate and influence international commerce and in the Federal and State courts that adjudicate these matters.