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Thread: Shipping cp seeds internationally,

  1. #1

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    Hi all,

    From your experience and knowledge, what are the legal problems one may encounter in sending CP seeds internationally? Especially when shipping in or out of USA.

    Thanks

  2. #2

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    We have had this discussion before I think.

    Let me be frank and honest. The odds of anything happening from anyone sending seeds anywhere is minimal. The only countries I know that actively prohibit reception of CP seed are Australia and New Zealand.

    Is is legal to send seed from the US, or receive seed into the US without legal papers and licenses? It is not. It is illegal, and there are fines that may be levied. Even with an import license, there are other hoops. every sending and reception of seed must be individually stated and sent to the appropriate official for review. There are no blanket permissions issued, each is a case in itself requiring phytosanitary documents, import licenses, permissions of Fish and Wildlife, C.I.T.E.S restrictions to foreign countries.

    To legally internationally send or receive a single seed here will cost at least 50.00.

    So it is up to the individual in the U.S. as to how much of the law they are willing to break, and how much of a risk they are willing to take. Its a personal decision I think. The risk must be weighed against the consequences of not circulating this material. If seed banks here followed the letter of the law exactly, there would be no international seed banks: bad news for those CP threatened in habitat since they may not find a place in wide cultivation before their habitat is lost.

    I raised these points in a phone conversation with a high APHIS official, and although he was sympathetic, he also stated that they were required to enforce the law, even though they were not tailored for hobby growers but rather for larger import operations. It took me over a week to reach anyone even minimally capable of answering my questions,and even that person finally said that all material and requests needed to be submitted each time a sending or import was considered.

    Now, I wil confess. I have been known to send and receive seed without the legalities. I am not implying that you do the same: as I mentioned, there are fines, and if it involves CITES protected material, they are *hefty* fines of many thousands of dollars. My advice is in all regards DO NOT send CITES protected material internationally! If you elect to break the law, do so with candor: do not make public forum requests or solicitations that might bring unwanted attention to your activitiy. Use the PM option for your discussions.

    As crimes go, sending CP seed isn't much of one. The real crime comes from habitat rape, and it is a shame that those who wish to preserve and cherish what otherwise would be wasted by an uncaring world should have to become crimminals to do so. But such IS the case, and there ARE no exceptions.
    "Grow More, Share More"

  3. #3

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    50-75 dollars for a phytosanitary certificate for one seed is correct... but be more specific... its more like one seed to 500 seed [img]http://www.**********.com/iB_html/non-cgi/emoticons/new/smile_m_32.gif[/img]

    Quote Originally Posted by [b
    Quote[/b] ]My advice is in all regards DO NOT send CITES protected material internationally! If you elect to break the law, do so with candor: do not make public forum requests or solicitations that might bring unwanted attention to your activitiy. Use the PM option for your discussions.
    What about seed like Drosera Capensis? Surely that is not CITES protected! [img]http://www.**********.com/iB_html/non-cgi/emoticons/new/smile_m_32.gif[/img] From what I've heard, you can export seed off the CITES list out of the USA, anywhere but new zealand and australlia, but you cant import ANY seed into the USA without all the certificates and permits etc etc...

    You're right... you're posts are REALLY stuffed with meat! [img]http://www.**********.com/iB_html/non-cgi/emoticons/new/smile_k_ani_32.gif[/img]

  4. #4

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    That is not correct, Spec. It doesn't matter if the seed is rare and protected or common as dirt. If you don't have the papers, and haven't contacted the authorities each time you send or import, you are not operating legally.
    "Grow More, Share More"

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    hmmmm thanks for the post Tamlin. i didnt realize seeds from non CITES listed were illegal to import......whoops [img]http://www.**********.com/iB_html/non-cgi/emoticons/new/smile_n_32.gif[/img] oh well i hope they grow well for me.

    Rattler
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  6. #6

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    Frankly I do my darndest not to realize it, just as most CPer's I know of. It's one of those laws that just happens to nip our segment of plantdom right in the bud.

    I'm not trying to say do or not do, just be aware of what is real and watch the end you sit on.

    LOL, I took a batch of gemmae to the post office last winter. The clerk there knows me and what I do, and asked me to tell everyone there what I was about. Rather embarassing considering things, but not a one of the clerks knew of any laws or restrictions and thought I was a hero. Once I was sent plants(!) from Australia in a box maked in 3 inch red letters LIVE PLANTS. The postman knocked on my door because he didn't want to leave the box out in the sun. It about gave me a heart attack though. Tell me the Power's aren't watching out for me!

    Now, I am no fool, and I know that import and export are going to happen. There will always be those who's love will lead to these risks. Someday I will probably get a knock on the door, and will have to face the judge. I have some things to say if and when that happens, not that it will make any difference. Justice is blind.
    "Grow More, Share More"

  7. #7

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    One final word, if you decide to risk illegal import or export, do NOT attempt outright deception. Once you mark a package and declare it's contents other than as what they are, you are in for a load of poo if it is intercepted. This is tantamount to an admission of guilt. Better to mark the package (only if it is required) as "Research material: no commercial value" and leave it be at that. That goes for getting material as well as sending it.

    Disclaimer: the views expressed above are my own and do not necessairly reflect the opinions of the owners of this Forum.
    "Grow More, Share More"

  8. #8

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    I should clarify the laws for Australia. We are allowed to recieve seed as long as it is clean (no flower material, dirt etc.), corectly labled with the correct botanical name, (Drosera capensis, not D. capensis) and is not on the prohibeted list like Genlisia or some of the aquatic Utrics. Mind you I have some nice "Drosera hispidula" growing at the moment.

    All other plant matter is illegal to import without the proper paper work and quarantine facilities...

    So feel free to send seeds to Australia!

    Seandew should be able to clarify anything I have got wrong as he is incharge of inspecting the seeds as they come into the country!

    There are no issues for sending seed out either.

    George

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