Lacey Act / Federal Labeling Requirements

[Kimberely]

Apologies right off the bat – this is a bit of a long post, but I have a couple questions at the bottom.

I’ve seen a lot of mention here about labeling boxes for the Lacey Act, but different people mention different labeling methodology, and I wondered what the actual requirements were. Found a lot of good information (see quote box, emphasis mine), but still had a couple questions.

Lacey Act

§3372. Prohibited acts

(b) Marking offenses

It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of section 3376(a) of this title.​

§3376. Administration

(a) Regulations

(2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of section 3372 (b) of this title for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices.​

Code of Federal Regulations
Title 50: Wildlife and Fisheries (Chapter I, Subchapter B, Part 14, Subpart H)

§14. Importation, Exportation, and Transportation of Wildlife

§14.81 Marking Requirement

Except as otherwise provided in this subpart, no person may import, export, or transport in interstate commerce any container or package containing any fish or wildlife (including shellfish and fishery products) unless he/she marks each container or package conspicuously on the outside with both the name and address of the shipper and consignee. An accurate and legible list of its contents by species scientific name and number of each species and whether or not the listed species are venomous must accompany the entire shipment.​

§14.82 Alternatives and Exceptions to the Marking Requirement

(a) The requirements of §14.81 may be met by complying with one of the following alternatives to the marking requirement:

1. (i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and
(ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment which accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies:

a. The common name that identifies the species (examples include Chinook (king) salmon, bluefin tuna, and whitetail deer) and whether or not the listed species is venomous; and
b. The number of that species (or appropriate measure of quantity such as gross or net weight)​

The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection.​

(followed by #’s 2-4: alternative marking for people with import/export licenses, noting situation involving marking outer and inner containers, and exceptions – such as animals being transported in a vehicle, or specific captive-born mammals (mostly furbearers).​

So it looks like if you use a box marked “Live Harmless Reptiles,” “Live Non-venomous Wildlife,” or something similar then you would only need to include a list of common names, scientific names, and numbers of each species in the box.

That makes it pretty obvious that writing a list on the outside of the box is quite acceptable.

But, for security purposes (like not blatantly advertising expensive animals) is it also acceptable to just include a list within the box rather than on the outside? Not sure what “readily accessible” covers. Also, just for curiosity – has anyone ever heard of someone that has been fined, jailed, etc. for not following the required labeling?

 

[robyn@Pro Exotics]

To meet both federal and state requirements, at ShipYourReptiles we recommend users mark each box with "Wildlife- Live Harmless Reptiles".

They should then have an itemized invoice or packing list with scientific names and quantities immediately available, which we suggest as immediately under the top flap.

Fish & Wildlife inspectors do NOT want to actually have to go into the box (past the insulation) to ascertain the contents.

There was a reptile dealer prosecuted on Lacey Act issues in 2014 or 2015. It wasn't over a single shipment issue, but over a larger and repetitive issue, also involving prohibited species. I don't remember the particulars.

We see packages audited and inspected regularly when they are going into California and Florida. When shipping to either of those states, you should EXPECT that your package will be inspected.

If the package is inspected but not properly labeled, it may be returned to you, or it may be delivered, but you will hear about it through a fairly nasty letter and a threat of $10k+ fines if you do not comply in the future.

I have never heard of someone prosecuted over single package labeling, but there is effort on package auditing and inspection, so we do encourage users to comply with the labeling requirement.

We address Lacey Act labeling a few times on the ShipYourReptiles site.

 

[Kimberely]

They should then have an itemized invoice or packing list with scientific names and quantities immediately available, which we suggest as immediately under the top flap.

Fish & Wildlife inspectors do NOT want to actually have to go into the box (past the insulation) to ascertain the contents.

Good to know that a list outside the insulation but still within the closed box flaps is acceptable. Also, thank you for the information on prosecution and package inspection/auditing - especially with CA and FL.

 

[AbsoluteApril]

If the package is inspected but not properly labeled, it may be returned to you, or it may be delivered, but you will hear about it through a fairly nasty letter and a threat of $10k+ fines if you do not comply in the future.

Yes this is what happened to me, as a receiver of a package in CA. I don't recall if they noted the amount of fines but fines were mentioned. The seller had not labeled the box. Whenever I ship, I write live harmless reptiles and on the bottom outside flap, I write the quantity and latin name of the species. I also include a paper on top of the inner foam liner with the same information. Better safe than sorry!

 

[Kimberely]

Yes this is what happened to me, as a receiver of a package in CA. I don't recall if they noted the amount of fines but fines were mentioned. The seller had not labeled the box.

Were the fines directed at you as well as the shipper? I'm a bit surprised if they'd threaten to punish the receiver of a shipment when you probably had nothing to do with the seller choosing to mislabel their package before shipping.

 

[AbsoluteApril]

Were the fines directed at you as well as the shipper?

Yes they were which I was rather surprised about since I had no control over how the package was sent/labeled. I'm trying to find the letter, it's packed away somewhere, I'll post it up.

 

[AbsoluteApril]

Finally found the letter. No mention of fines on the letter so that must have been part of the discussion I had with the officer at the FedEx location. Blacked out the unnecessary information and personal data

 

[robyn@Pro Exotics]

Thanks for posting that April.

These inspection letters aren't super common, but at ShipYourReptiles we do see them for Cali shipments a few times a year.

I haven't heard of anyone receiving an actual fine in Cali, but I have for Florida. You want to be especially careful shipping to either state. You should EXPECT inspection for either state, so be sure to label according to Federal statute, as well as State "requirements".

I say "requirements" because unfortunately, that can mean different things to different staffers/officers/inspectors/agents. One way to trigger an issue is NOT to label your package though, so labeling it according to our direction should keep you covered on these California shipments.

ShipYourReptiles Get Help section- Lacey Act compliance and labeling detail