• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Promotivia

Ideas. Innovation. Excellence.

  • Home
  • Topics
    • Construction
    • Education
    • Family
    • Furniture
    • Health
    • Pet Care
    • Swimming Pool
    • Technology
  • Ask a Question
  • Contact Us

The Lacey Act for Dummies

Last updated on July 12, 2012 by Sozo Staff Leave a Comment

For lumber importer J. Gibson McIlvain and other major players in the industry, the 2008 addition to the Lacey Act bears consideration. The 100-year-old law, which was originally intended to encourage legal harvesting and trade of various plants, now regulates the lumber industry as well. If this is news to you and your business involves trading or utilizing lumber in any way, there are some basics that you definitely need to know.

1. Theoretically, any person or company that’s part of the supply chain or the chain of custody relating to “tainted” wood is subject to seizure and criminal prosecution. However, realistically, no one past the lumber importer in the chain of custody is legally obligated to document the legality of the wood or wood product’s origin and trade.

2. Like many other legal concerns, ignorance of the law is indefensible; however, in Lacey Act violations cases, the burden of proof lies with the US government. In order for confiscation and fines to be enforced through civil action, there must be clear proof of the illegal issues surrounding the wood.

3. In order for criminal penalties to apply, the government bears the burden of proof regarding the company’s or individual’s failure to conduct “due diligence” in ascertaining the legality of the wood. While certification through the FSC or other industry-standard program may not eliminate the potential for civil prosecution, it does demonstrate due diligence and thus helps to protect importers against criminal charges being brought against them.

4. Since the said goal of the Lacey Act is to protect forests from illegal logging and smuggling, it allows for the US government to prosecute offenders for violations of international and local laws. To clarify, under the Lacey Act, an American company could be criminally prosecuted by the US government for violating laws in a country far away.

5. One result of the Lacey Act is frustration on the part of the lumber importer, prompting decreasing amounts of imported wood and increasing the market for domestic wood. Whether that goal is an unintended result or a creative marketing ploy is something many affected companies debate.

6. Even though the Lacey Act focuses on globally sourced wood, it also has applications for lumber sourced in the US. This kind of violation is possible when foreign companies use domestic wood to construct products that are then imported into the US. (Issues that could come up might have to do with wood taken from the wrong side of a property line.) Without proper documentation, even American lumber could be flagged for violations upon re-entry to the US.

For a much more thorough treatment of the implications of the Lacey Act for lumber importer concerns, this website and the resources offered there may be helpful to you. In the meantime, you can be assured that lumber importer J. Gibson McIlvain certainly takes due diligence in documenting every link of our lumber’s supply chain. For more information on how McIlvain Company keeps its lumber legal, check out these selections from the McIlvain blog:

  •  How the Lacey Act Holds Everyone Responsible for Legal Lumber
  • A Real Life Lacey Act Example
  • Just Because It’s FSC Certified Doesn’t Mean It’s Legal

Filed Under: Construction

Additional Articles

walt disney world ipe boardwalk
Is Composite Decking or Tropical Decking Better for Boardwalk Construction? Part 3
ipe boardwalk at johns pass
Is Composite Decking or Tropical Decking Better for Boardwalk Construction? Part 2
disney boardwalk ipe
Is Composite Decking or Tropical Decking Better for Boardwalk Construction? Part 1
backyard inground pool and luxury contemporary home
Adding to the Outdoor Ambiance with Extras
metal fencing around pool
Adding to the Outdoor Ambiance with Structures
multi layer paths steps around pool
Adding to the Outdoor Ambiance with Pathways

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

three × 5 =

Primary Sidebar

Quality Wood Products
Plywood options

Featured Articles

  • Matching Lumber Color Is Trickier Than It Seems – Part 1
  • Good News for Forests & the Future: Why We Should Start Considering B Grade Lumber
  • Building an Ipe Deck That Lasts for Decades, Part 1
  • Lumber Pricing, Demystified (Part 1)
  • Why Do Large Timbers Have Cracks? Part 1
  • Is Lumber Sustainable?
  • Evaluating Issues Surrounding Teak, Part 1
  • FSC Lumber, LEED Certification, and the Price of Being Green
  • Mahogany Alternatives: A Wood Worker’s Top 3 Picks
  • Outlook for Genuine Mahogany’s Future, Part 1
Tropical Decking Lumber

Popular Articles

  • Expandable Children's Furniture at The Bedroom Source
  • African Mahogany Lumber vs Genuine Mahogany Lumber
  • The City Way: Taking Your Child’s Bed to the Next Level with Maxtrix!
  • Perfect Furniture for a Boy's Bedroom, Pt 1
  • Perfect Furniture for a Boy's Bedroom, Pt 2
  • How Do You Treat Reactive Attachment Disorder?
  • Ultra-Budget-Friendly Swimming Pool Upgrades
  • Why Sleep Is Important for Young Athletes
  • Why Parents Love Jackrabbit Class Management Software

Reader Feedback

  • DSP on Pool Maintenance Tips for Salt Water Pools, Part 1
  • Zachary Tomlinson on Amazing Benefits of Pool Ownership, Part 1
  • Zachary Tomlinson on 3 Types of Pool Covers, 3 Distinct Purposes
  • Afton Jackson on Bathroom Remodeling Ideas: Can You Use Wood in the Bathroom?
  • Alice Carroll on 4 Types of Vinyl Pool Liners
  • Afton Jackson on So You’re Adding an In-Ground Swimming Pool? Here’s What You Can Expect
  • Zachary Tomlinson on Why You Should Consider Installing a Backyard Swimming Pool – Part 3

Copyright © 2023 Sozo Firm Inc · Privacy Policy · Disclaimer · Sitemap