Editor's Note
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.
Both plants not currently subject to import declarations
Commodities that are derived from common cultivars (except trees) and common food crops, including those listed in the below table, are excluded from the requirements of the Lacey Act. Plants and plant parts must meet all other regulatory requirements for importation into the United States. This list of common cultivars and common food crops is intended to be illustrative, not exhaustive.

Wild specimens of any taxa on this list are not “common cultivars” or “common food crops.” The commodities covered by these exclusions must be raised, grown, or cultivated as described in the definitions of “common cultivars” and “common food crops” provided in 7 CFR Part 357.2. Taxa covered by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Endangered Species Act (ESA) of 1973, or pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction, are not “common cultivars” or “common food crops.”

The following table will be updated periodically to reflect stakeholder requests for inclusion (per Federal Register Docket Number APHIS-2009-0018), taxonomic changes, or correction of errors.

See table here.
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