Private Group Finalizes 'Due Care' Standards for Lacey Act

A private partnership of groups-including the NWFA, Anderson Hardwood Floors (Clinton, S.C.) and Columbia Forest Products (Greensboro, N.C.)-has finalized measures to help companies in the wood products industry comply with the Lacey Act.

With the Lacey National Consensus Due Care Defense Standard, the partnership hopes to eventually define the act's due care procedures through having them adopted in capital markets and later codified in U.S. law. Paramount in the standard are the Due Care Requirements, which prompt managers to evaluate risks in their supply chain, confirm legality of a forest concession, conduct compliance audits, and use a forest certification process like FSC or a stepwise option like the NWFA's Responsible Procurement Program (RPP). The full standard, which includes summary charts and flow charts, can be viewed here:

The partnership wrote in a brief that it is "extremely supportive of the intent of the amended Lacey Act"; however, it sees a problem with the act's ambiguous due care procedures.

"There is currently no single document or action representing definitive compliance with Lacey's due care requirements. However, from a business, international trade, and even forest conservation perspective it is critical that there is a clearer understanding of actions that will consistently enable business to meet Lacey requirements," according to the partnership.

Spearheading the group is Capital Markets Partnership, a subsidiary of Market Transformation to Sustainability, an ANSI-accredited standards developer. Other groups involved in forming the standard include the National Wildlife Federation, Martin Guitar and ForestBased Solutions. The Rainforest Alliance, ForestEthics and the Forest Stewardship Council (FSC) have expressed support for the standard.