The Lacey Act, codified at 16 U.S.C. § 3371–3378, is one of the oldest and broadest U.S. conservation statutes. Originally enacted in 1900 to combat illegal trade in wildlife and fish, it was significantly expanded in 2008 by the Food, Conservation, and Energy Act to cover plants and plant products.
Two core prohibitions:
- It is unlawful to import, export, transport, sell, receive, acquire, or purchase any fish, wildlife, or plant taken, possessed, transported, or sold in violation of any U.S., foreign, state, or tribal law
- It is unlawful to make or submit any false record, label, or identification in connection with imported fish, wildlife, or plants
The 2008 plant amendment added a declaration requirement: importers of certain plant products must file a Lacey Act Plant and Plant Product Declaration (PPQ Form 505) containing:
- Scientific name (genus and species)
- Value and quantity
- Country of harvest
- Description of the product
The declaration applies to products listed in the USDA APHIS phase-in schedule — primarily wood, paper, furniture, musical instruments, books, and other wood/plant-based products. The phase-in continues to add new HTS codes; importers must check the current APHIS list before each import.
Enforcement: Lacey Act violations are enforced by the U.S. Fish and Wildlife Service, USDA APHIS, and CBP. Civil penalties run up to $10,000 per violation; criminal penalties for knowing violations can reach $500,000 per organization (or $250,000 per individual) and 5 years' imprisonment.
High-profile enforcement actions have included Gibson Guitars (illegal Madagascar ebony, $300K settlement in 2012) and Lumber Liquidators (illegal Russian Far East timber, ~$13.2M criminal fine in 2015).
Lacey compliance requires documented due diligence over plant and wildlife inputs — particularly for products with global supply chains (furniture, musical instruments, paper, fashion). Failure to exercise reasonable care over Lacey declarations can also trigger Section 1592 penalties.