SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Amendments to the Lacey Act Amendments 
of 1981 were enacted as part of the Food, Conserva-
tion, and Energy Act of 2008 (Public Law 110– 
246). 
(2) The 2008 amendments were intended to 
level the playing field for American businesses en-
gaged in the responsible harvest, shipment, manu-
facture, and trade of plants and plant products 
whose prices had been undercut by a black market 
fueled by irresponsible and illegal taking of protected 
plants around the globe. 
(3) The 2008 amendments were overly broad 
and their enforcement as enacted could criminalize 
actions of a good-faith owner, purchaser, or retailer 
of a plant or plant product, subjecting them to pen-
alties that include forfeiture, fines, and imprison-
ment. 
(4) Sanctions for violating the 2008 amend-
ments should be proportional to the act in violation. 
An individual who is not in the commercial shipping 
business should not be held to the same standard of 
compliance under that Act. 
(5) Individuals fear that they risk incurring 
those penalties by merely owning or traveling with a 
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vintage musical instrument, antique furniture, or an-
other wood product. 
(6) The Department of the Interior and De-
partment of Justice have stated ‘‘people who un-
knowingly possess a musical instrument or other ob-
ject containing wood that was illegally taken, pos-
sessed, transported or sold in violation of law and 
who, in the exercise of due care would not have 
known that it was illegal, do not have criminal expo-
sure.’’. 
(7) It is necessary to clarify the 2008 amend-
ments so that legally harvested new plant products 
can enter the market place. 
(8) Declaration requirements for plant products 
imported or manufactured prior to May 22, 2008, 
are unreasonable since the sourcing of plant prod-
ucts was not previously required by law. 
(9) Federal law enforcement officials should not 
engage in overzealous enforcement action under the 
2008 amendments. 
(10) It is important to ensure that the appro-
priate agencies have the necessary funding to imple-
ment the current phases of the declaration require-
ment before considering any future phases. 
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(11) The appropriate agencies have the respon-
sibility of providing a publicly accessible database so 
that everyone can be notified of the foreign laws of 
countries as they apply to the importation of plants. 
SEC. 3. TREATMENT OF PLANTS AND PLANT PRODUCTS 
UNDER LACEY ACT AMENDMENTS OF 1981. 
(a) LIMITATION ON APPLICATION OF ACT TO CER-
TAIN PLANTS AND PLANT PRODUCTS.—The Lacey Act 
Amendments of 1981 (16 U.S.C. 3371 et seq.) is amended 
by redesignating section 9 as section 10, and by inserting 
after section 8 the following: 
‘‘SEC. 
9. 
LIMITATION 
ON 
APPLICATION 
TO 
CERTAIN 
PLANTS AND PLANT PRODUCTS. 
‘‘This Act does not apply with respect to— 
‘‘(1) any plant that was imported into the 
United States before May 22, 2008; or 
‘‘(2) any finished plant or plant product the as-
sembly and processing of which was completed be-
fore May 22, 2008.’’. 
(b) LIMITATIONS ON APPLICATION OF PLANT DEC-
LARATION REQUIREMENT.—Section 3(f) of such Act (16 
U.S.C. 3372(f)) is amended— 
(1) in paragraph (1), by inserting ‘‘that is en-
tered for consumption (as that term is defined in 
part 141.0a of title 19, Code of Federal Regulations, 
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as in effect on the date of enactment of the Retailers 
and Entertainers Lacey Implementation and En-
forcement Fairness Act)’’ after ‘‘plant’’; and 
(2) in paragraph (3)— 
(A) by inserting ‘‘(A)’’ before ‘‘Paragraphs 
(1)’’; and 
(B) by adding at the end the following: 
‘‘(B)(i) In the case of a plant product that is derived 
from a tree, a declaration under paragraph (1) or (2) is 
not required to include information referred to in subpara-
graph (A), (B), or (C) of that paragraph unless the plant 
product is solid wood. 
‘‘(ii) The Administrator of the Animal and Plant 
Health Inspection Service shall issue regulations that de-
fine the term ‘solid wood’ for purposes of this subpara-
graph’’. 
(c) CIVIL FORFEITURES.—Section 5(d) of such Act 
(16 U.S.C. 3374(d)) is amended to read as follows: 
‘‘(d) CIVIL FORFEITURES.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (d), civil forfeitures under this section shall 
be governed by chapter 46 of title 18, United States 
Code. 
‘‘(2) LIMITATION
ON
INNOCENT
OWNER
DE-
FENSE NOT APPLICABLE.—The limitation set forth 
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in paragraph (4) of section 983(d) of title 18, 
United States Code, does not apply with respect 
to— 
‘‘(A) any imported plant acquired by a per-
son who satisfies the requirements for treat-
ment as an innocent owner set forth in para-
graph (1) and paragraph (2) or (3), as applica-
ble, of such section; and 
‘‘(B) any plant or plant product acquired 
by a person who satisfies such requirements.’’. 
SEC. 4. REDUCED PENALTIES FOR CERTAIN FIRST OF-
FENSES. 
Section 4 of such Act (16 U.S.C. 3373) is amended 
by redesignating subsection (e) as subsection (f), and by 
inserting after subsection (d) the following: 
‘‘(e) CIVIL PENALTY FOR FIRST OFFENSES INVOLV-
ING PLANT.— 
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) and (d), any person who violates sub-
section (a), (d), or (f) of section 3 with respect to 
any plant and who in the exercise of due care should 
know that the plant was taken, possessed, trans-
ported, or sold in violation of, or in a manner unlaw-
ful under, any underlying law, treaty, or regulation 
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