Date: Fri, 31 Mar 2000 16:12:35 -0800 (PST) From: Sean Barry <sjbarry@ucdavis.edu> To: cp@opus.hpl.hp.com Message-Id: <aabcdefg962$foo@default> Subject: Re: Phytosanitary Cert.
On Fri, 31 Mar 2000, Joe Harden wrote:
> I called the US Customs office today, and I was trying to find out
> the paperwork/permits needed to get a Phytosanitary Certificate.
> The person over the phone said the only paperwork required was that
> if the plants were on some sort of import regulation list, and told
> me flat out I didn't need anything.
Are you planning to _import_ or to _export?_ The person doing the
sending/exporting is generally the one who arranges the phytosanitary
certificate, which is issued by the USDA or the ag authority of your
state. Most states/nations require such a certificate to accompany all
plant/seed/soil shipments, and the individual recipient always has the
option of requesting one even if the authorities don't require it. If you
are importing plant material, the person sending it to you will have to
provide the certificate. If you're sending plants elsewhere
(internationally or to some states), you need to find out from the
recipient's ag authority or directly from the recipient whether a
certificate will be required, and if so, you will have to obtain it, again
from the agriculture authority of your state or from USDA. Obviously,
such certificates are normally issued only after the plant material or
nursery is inspected by the ag authority.
The above is not to be confused with CITES rules, which cover specific
threatened/endangered plant and animal groups and species regardless of
origin. To ship CITES appendix II species internationally, the sender
must include a CITES export permit with the shipment. To ship CITES
appendix I species, the sender must provide a CITES export permit and the
recipient must have already obtained a CITES import permit, which is not
normally issued for international commerce (except for propagated appendix
I plant material with documentation). CITES permits are available in the
US from the US Fish and Wildlife Service, which is the designated US CITES
management authority. CITES is the big reason that many cactus nurseries
don't do international business (all Cactaceae and many other succulents
and succulent genera are CITES appendix II or I).
The other relevant law is the Lacey Act, which covers all species. Under
the Lacey Act species taken in violation of state law can't be moved
across state lines, and species taken in violation of the laws of another
nation cannot be imported into the US. There are no "permits" that
circumvent this, and it's usually prudent to obtain some evidence that
biotic material was taken and exported legally.
To review:
CITES--permits obtained from USFWS or from the CITES management authority
of the other involved nation
Phytosanitary certificate--from the ag authority of the exporting entity
Customs--handles and regulates importation of dutiable items and various
proscribed materials (illegal drugs and a remarkable array of other
items). When they see a (non-narcotic) plant or an animal, they refer it
to USDA and USFWS. Customs is not an authority on USDA and CITES rules,
any more than USDA or USFWS can advise you on import duties. Thus, the
only real error your customs contact made was in not referring you to USDA
or USFWS.
Sean Barry
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