Lacey Act: Import Rules for Plants and Wildlife

The Lacey Act is a U.S. law that makes it illegal to import, export, transport, sell, or possess any plant, fish, or wildlife that was taken, harvested, or traded in violation of another law — U.S., state, tribal, or foreign. For importers, it has two practical edges: a flat ban on trafficking in illegally sourced plants and wildlife, and a paperwork duty to file a declaration on most plant and plant-product imports. Both are enforced on a “due care” standard, which means an honest mistake is not automatically a defense. This article explains what the Act covers, what you have to file, and how the penalties scale.

What the Lacey Act Covers

Enacted in 1900 and sponsored by Representative John F. Lacey, the Lacey Act is the oldest U.S. wildlife-protection statute. It began as a tool against illegal commercial hunting and the spread of invasive species, and it has been broadened repeatedly since.

The Act does not create its own list of banned species. Instead, it works by reference: it makes it a federal offense to trade in plants or wildlife that broke some other underlying law when they were taken or handled. If timber was logged in violation of a foreign country’s forestry law, or fish were caught against a state regulation, moving that product into U.S. commerce can violate the Lacey Act even if the product itself is otherwise legal to sell.

The 2008 Plant Amendment and the Declaration

A 2008 amendment (effective May 22, 2008) expanded the Act in two important ways for importers. It extended coverage to a broad range of plants and plant products, and it added an import declaration requirement for those goods.

The declaration is filed on APHIS PPQ Form 505 (or 505B) and must identify, for each plant product:

One operational change to note: as of January 1, 2026, APHIS no longer accepts paper PPQ 505/505B forms. Declarations must be filed electronically through CBP’s Automated Commercial Environment (ACE) or APHIS’s Lacey Act Web Governance System (LAWGS). APHIS phases in which products require a declaration over time, so check the current enforcement schedule for your commodity rather than assuming your product is exempt.

Who Enforces It

Several agencies share Lacey Act enforcement. USDA’s Animal and Plant Health Inspection Service (APHIS) administers the plant declaration. The U.S. Fish and Wildlife Service handles wildlife, often alongside the Endangered Species Act. NOAA Fisheries covers certain seafood, and CBP screens at the border. A single shipment can touch more than one of them.

How the Penalties Scale

Lacey Act penalties turn on what the importer knew or should have known. The structure runs from a small administrative fine to felony prosecution:

• Declaration violations. Failing to file a required plant declaration can draw a civil penalty of up to $250; a knowing violation or false labeling can reach up to $10,000.
• Trafficking without due care. If you did not know the goods were illegal but a reasonable importer exercising due care would have, the offense is generally a misdemeanor — up to a year of imprisonment and substantial fines.
• Knowing trafficking. If you knew the plants or wildlife were illegally taken, the offense is a felony carrying up to five years of imprisonment and fines that can reach into six figures.

Customs can also seize and forfeit the goods themselves, separate from any fine. High-profile enforcement — such as the guitar maker that settled a criminal enforcement agreement over rosewood and ebony sourced from India and Madagascar — shows the government will pursue mainstream companies, not just smugglers.

Showing Due Care

“Due care” is the degree of care a reasonable person would use under the same circumstances to confirm a product’s legal origin. For importers of wood, paper, plant-based, or wildlife products, that usually means building a real supply-chain record:

• Identify the genus, species, and country of harvest for each plant product, and keep supplier documentation that supports it.
• Audit higher-risk supply chains — species or regions associated with illegal logging or harvesting.
• Confirm the underlying foreign and U.S. laws were followed before the goods were taken.
• File accurate, complete declarations and keep copies. See our guide to import documentation requirements and the broader landscape of import restrictions and prohibitions.

Frequently Asked Questions

What does the Lacey Act prohibit?

It makes it illegal to import, export, transport, sell, or possess plants, fish, or wildlife taken in violation of any other U.S., state, tribal, or foreign law. It also requires a declaration for most plant and plant-product imports.

Do I have to file a Lacey Act declaration?

If you import a plant or plant product on APHIS’s enforcement schedule, yes — on PPQ Form 505/505B, identifying scientific name, country of harvest, quantity, and value. As of January 1, 2026, it must be filed electronically through ACE or LAWGS.

What is the “due care” standard?

Due care is the level of diligence a reasonable importer would use to verify a product’s legal origin. Because liability can attach to what you should have known, a lack of due care can support penalties even without intent.

What are the penalties for a Lacey Act violation?

They range from a $250 civil penalty for a declaration lapse, up to $10,000 for a knowing declaration violation, to misdemeanor or felony trafficking charges carrying imprisonment and substantial fines — plus forfeiture of the goods.

The Lacey Act rewards a documented supply chain and punishes a careless one. Reidel Law Firm helps importers of wood, plant, and wildlife products build due-care records and accurate declarations on flat-fee terms, with direct attorney access. Get an import compliance memo.