The United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) recently received a request to determine whether Cananga odorata (Ylang ylang) and Stevia rebaudiana (Stevia) qualify as “common cultivars”. Products that defined as common cultivars (except trees) and common food crops are excluded from the provisions of the Lacey Act, including import declaration requirements. Note that these species are not on the current Lacey Act enforcement schedule, and are not included in the next phase of the Lacey Act enforcement schedule.
To evaluate the request, APHIS worked in cooperation with the Department of Interior (DOI) Fish and Wildlife Service to examine information on annual trade volume and commercial production of both plants. The agencies determined that stevia meets the definition of a common cultivar and has added all plant parts and products of stevia to the list of common cultivars and common food crops on the APHIS Lacey Act Program website. Because ylang ylang is derived from a tree, APHIS and DOI determined that it does not meet the definition of a common cultivar and could not be added to the list.
APHA is in active discussion with USDA APHIS regarding the disposition of Lacey Act import declaration requirements, particularly in advance of the July 1 enforcement date for Phase VI of its enforcement schedule. AHPA has asked APHIS to remove “other” essential oils from the list of products covered under this phase.