Movement to Define Lacey Act's 'Due Care' Gains Traction

A group of companies and associations with interest in wood products-including the NWFA-have joined to develop a voluntary standard for Lacey Act liability, or due care.

"The Lacey National Consensus Due Care Defense Standard is a voluntary consensus standard and is designed primarily to define 'due care' under the Lacey Act by reaching a national consensus for the definition," said NWFA CEO Michael Martin.

While the Lacey Act has strong support within the wood products industry, a frequent criticism is the ambiguity of "due care" procedures-steps companies must take to show they are not trafficking illegally logged wood products.

The group will present a draft standard during the first quarter of 2012, with a final version released in mid-2012. Martin said the group's intent is not to amend the act but, instead, to outline steps "developed by industry leaders and accepted through their agreement."

Other members of the group include wood products manufacturers, trade associations and environmental groups.

Interest in due care spiked after a federal raid on Gibson Guitar Corporation in August, the second such raid on the company in two years on suspected Lacey Act violations. Formal charges have yet to be made against the company, and recently two Tennessee lawmakers announced plans to amend the Lacey Act.

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