On the legality of importation

[Tamlin Dawnstar]

Since so many of our members are located in foreign countries, this issue needs to be addressed.

So that you know, it is illegal to import plants and seed (yes, seeds too! ) into the U.S. without the appropriate phytosanitary documents in place.  It is the responsibility of the importing party here in the U.S.A. to be sure this documentation is in effect before receiving plant material.

I have seen open illegal solicitations on the Trade Forum, and feel I must caution members that illegal import carries some very hefty fines in the multi-thousands of dollars.

Needless to say, any such barters should take place *privately*, via Personal Messaging, not on a public forum where they may attract unwanted attention!

Sure, the Customs folk can't open every envelope, but it would not be good if a random check found illegal (read smuggeled) material en route to you.  

It doesn't matter if you solicited the trade or not.  I know of one friend's nightmare experience where he was sent an unsolicited plant at the wrong time.  His fine would have bought him a vacation in that same country.

Just a word to the wise: be careful regarding the laws pertinant to your own countries regarding importation of plant material, and if you MUST do an illegal exchange, do so very quietly and not on a public forum!

PFT does not support or encourage illegal exchanges of this nature.  I am sure you understand that we need to clearly state this.

Good growing, all!

 

[vft guy in SJ]

Wow seed too? I dont know what the international customs is like, but I do know that the state of California does not even allow you to bring an apple in from out of state. There is a checkpoint at the state line where every vehicle is stopped and drivers are asked for if they are carrying any fruits or vegitables.
Thanks for the info
Steve

 

[Daniel]

I read somewhere its the same with animals too. Like if you wanted to get a fish from Canada there are lots of paperwork to go through.

 

[SnowyFalcon]

Thanks Tamlin, that's good to know. Hopefully, that will keep me from making a costly mistake in the future!

SF

 

[droseraholic]

No more donations to the ICPS seedbank from me then, I guess...

I have found no problems in the past in sending seed to the USA, Canada, Israel and Australia, and I've always declared the species in full on a green customs label [ e.g. "Drosera rotundifolia" - "D.rotundifolia" is not sufficient], but I think that the USA is becoming much stricter now I guess with this.

Thanks for the warning though...

 

[Vic Brown]

I find the legality of importing/exporting CP seed into/out of the USA a grey area. I've seen the issue come up in posts on PFT before, and have visited various USDA and Customs web sites (including APHIS) seeking clarification. Rather than finding the information I seeked, I've just got dizzy!

As far as I know the ICPS are still accepting seeds from non-US members and continuing to send seed out to them. If anyone knows of an official US web site which clearly states your government's position, I would like a link.

Vic

 

[Seandew]

G'Day everyone,

I can't vouch for the US import laws, but I am an expert on the Australian import restrictions. I work for the Australian Quarantine Inspection Service (AQIS)- similar to your USDA- in one of the International Mail Centres. One of my responsibilities is to inspect seed and plants arriving from overseas.

To import plants into Australia you need import permits and phytosanitary certificates followed by a very costly post-entry growth period at a quarantine nursery for 4 months.

Seed on the other hand can readily be imported as long as it is clean (ie- free from contamination in the from of plant parts, other seed, insects etc.) and is labelled clearly with a botanical name. The only exceptions are Genlisea sp., various aquatic Utricularia sp. and Ibicella lutea. These species are deemed to have the potential to become environmental weeds.

This doesn't relate to the US, but I thought I'd provide some pertinent info to those who may need to send seed over here in the future.

Regards,

Sean.

 

[Seandew]

G'Day again,

Just adding to my previous message, I should also say that every item of international mail that enters Australia is x-rayed. You would probably be surprised how easy it is to detect most items of plant material on these x-rays.

So, if you do plan on sending live plants to Australia- BEWARE!. There is a very high chance that they will be intercepted.

Send as many seeds as you like though!

Cheers,

Sean.

 

[pond boy]

seeds and tissue cultured material in flasks are completly legal to import\export!

 

[CP2k]

The last time I checked, even flasks need to be accompanied by a Phytosanitary Certificate when shipped to the U.S.

 

[pond boy]

Well then it`s changed.

 

[Tamlin Dawnstar]

I have checked my facts with officials, and it has changed indeed so please be careful.

 

[Spectabilis73]

9--></span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (pond boy @ Aug. 26 2003,9

9)</td></tr><tr><td id="QUOTE">seeds and tissue cultured material in flasks are completly legal to import\export![/QUOTE]<span id='postcolor'>
There is probably a loophole around it. a CP nursery in south america can still legaly send t/c flasks into the us, as long as both the sender and reciever have the proper permits

edit: Nevermind... I thought you said illegal

 

[MaskedNinja]

I would imagine you can send sundew seeds by mail. They are so small and the fact is are they going to open every letter that goes in and out of a country. Doudt it?

Right?

Travis

 

[Tony Paroubek]

It is illegal to send and receive seeds or plant material without the proper permits certificates from both the country of origin and the country of destination. Doing so without the proper permits and certificates is risking heavy fine and potential jail time for both yourself and the party receiving the material.

 

[MaskedNinja]

How about if you have a international reply coupon, would that be safe?

Thanks,
Travis

 

[Tony Paroubek]

an International Reply Coupon (IRC) is essentially a SASE on an international level.  It has nothing to do with documents and certificates required by import/export agencies, plant protection/inspection agencies, wildlife agencies, customs agencies, or any other agency that would deal with such matters.

 

[MaskedNinja]

I do not mean to be pesty...but is there anyway of sending seeds legally out to others countries? What actions need to be taken? What kind of permit are you talking about?

Thanks,
Travis

 

[Seandew]

Travis,

Different countries have different requirements regarding the importation of seeds. You would need the person who is receiving the seeds to find out what the requirements are in their particular country.

For instance, here in Australia most seed are allowed without any permits so long as they are labelled with a botanical name and are clean and free of any contamination.

Some countries require phytosanitary certificates which are basically documents that deem the seed to be free from any disease or insect infestation. These documents are prepared by plant health officers (or their equivalent) in each particular country. I am one of these officers in Australia.

Regards,

Sean.

 

[Tamlin Dawnstar]

Here in the U.S. a phytosanitary certificate is required to legally send or receive ANY plant material, as well as pertinent permits which are issured respective of the species you wish to import/export. For Drosera/Utricularia a simple permit alone is probably all that is needed (along with a phyto. cert.) For species with C.I.T.E.S listings, such as Nepenthes, further permits are required. Also, some species are under the regulation of Fish and Wildlife, and these require additional permits. I tried accessing the URL given to me when I made inquiry, and I can't reach it, but it was given as www.aphis.usda.gov.ppq/permits/plantproducts/nursery.html. There is a form there (if you are fortunate enough to find it&#33

where you must list the species you are dealing with, and they will then inform you of what permits are needed for each.
Phytosanitary Certs. cost 50.00 each, with additional permit costs added to that tidy sum.

So, effectively, getting and sending seed legally outside the US is prohibitively expensive. Still, seed comes and goes: but be AWARE that it is not legal for it to do so, and use some caution and discretion if you MUST break the law!

Do not mention sending or receiving such material in a public post!

Personally, I find these restrictions fairly absurd when applied to hobbiest exchanges of CP seed, but that's Uncle Sammy for ya. I am sure that many folk will still send and receive seed without the red tape, but you should keep all this in mind. It's not "OK", and there are possible repercussions from doing so. I doubt the government will fine some 12 year old if there is a pack of sundew seed in a letter to him, but they technically could.