Recent Changes in US Regulations

By: David C. Steinberg, Steinberg & Associates

Posted: January 30, 2009, from the February 2009 issue of Cosmetics & Toiletries.

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(A) the scientific name of any plant (including the genus and species of the plant) contained in the importation;
(B) a description of—(i) the value of the importation; and (ii) the quantity, including the unit of measure, of the plant; and
(C) the name of the country from which the plant was taken.

What is critical here is the definition of plant: The terms “plant” and “plants” mean any wild member of the plant kingdom, including roots, seeds, parts or products thereof, and including trees from either natural or planted forest stands.

The US Department of Agriculture (USDA), which administers this part of the Act, states that companies are required to complete a form if they are importing any of the following:

Any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands, except:
1. Common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof);
2. Scientific specimens of plant genetic material (including roots, seeds, germplasm, parts or products thereof) that are to be used only for laboratory or field research;
3. Plants that are to remain planted or to be planted or replanted; or
4. Plants used exclusively as packaging material to support, protect or carry another item, unless the packaging material itself is the item being imported.

Companies must still complete this form if they are importing those plants described under points 3 and 4 above, that are listed:
• In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
• As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
• Pursuant to any state law that provides for the conservation of species that are indigenous to the state, and are threatened with extinction. What does this mean for personal care products? Many registrations.