12 2 STA T . 2 054PUBLIC LA W 110 – 24 6—J U NE 1 8, 2008 ‘ ‘ (i ii )taken,pos sesse d ,t r ansported, or so l din v iola - tion o f an y li m itation u nder any la w or re g ulation of any S tate, or under any foreign law, governing t h e e x port or transshipment of plants
or ’ ’; and ( B ) in paragraph ( 3 ), b y striking subparagraph (B) and inserting the following subparagraph
‘‘(B) to possess any plant — ‘‘(i) taken, possessed, transported, or sold in viola- tion of any law or regulation of any State, or any foreign law, that prote c ts plants or that regulates— ‘‘( I ) the theft of plants; ‘‘(II) the taking of plants from a park, forest reserve, or other officially protected area; ‘‘(III) the taking of plants from an officially designated area; or ‘‘(I V ) the taking of plants without, or contrary to, re q uired authori z ation; ‘‘(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stump- age fees required for the plant by any law or regulation of any State or any foreign law; or ‘‘(iii) taken, possessed, transported, or sold in viola- tion of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or’’ . ( 2 ) PLANTDEC LA R AT IO N S .—Section 3 of the L acey A ct Amendments of 198 1(1 6U .S. C . 33 7 2) is amended by adding at the end the following new subsection: ‘‘(f) PLANT D ECLARATIONS.— ‘‘(1) I MP ORT DECLARATION.— E ffective 18 0 days from the date of enactment of this subsection, and except as provided in paragraph (3), it shall be unlawful for any person to import any plant unless the person files upon importation a declaration that contains— ‘‘(A) the scientific name of any plant (including the genus and species of the plant) contained in the importa- tion; ‘‘(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. ‘‘(2) DECLARATION RELATIN G TO PLANT PROD U CTS.—Until the date on which the Secretary promulgates a regulation under paragraph (6), a declaration relating to a plant product shall— ‘‘(A) in the case in which the species of plant used to produce the plant product that is the sub j ect of the importation varies, and the species used to produce the plant product is unknown, contain the name of each species of plant that may have been used to produce the plant product; ‘‘(B) in the case in which the species of plant used to produce the plant product that is the subject of the importation is commonly taken from more than one country, and the country from which the plant was taken and used to produce the plant product is unknown, contain Ef f ectiv e da te .
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