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Shipping cactus cuts to the US. Legal?

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A member has requested some cuts be sent to them in the US. Anything I should know from a legal perspective?

(... and is it difficult?)

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Legally speaking you need a phytocertificate that guarantees that the plants are healthy and free of disease. And there are very few nurseries that are able to issue them. That only applies for CITES II plants. CITES I plants such as Ariocarpus, Astrophytum, Aztekium and similar genera need a CITES certification. And you need to apply for an export permit as well as an import permit from the country you send it to. Good Luck. :)

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Lately I've had some issues with plants being seized and destroyed for lacking phytosanitary certificate.

It appears that obtaining the certificate is tedious and or expensive, because nobody seems to include one- instead they just accept the risk of seizure.

I've tried looking up information on how to obtain these certificates- the costs, etc but it's very difficult to find straightforward information on the matter, but maybe I'm just an idiot.

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Lately I've had some issues with plants being seized and destroyed for lacking phytosanitary certificate.

It appears that obtaining the certificate is tedious and or expensive, because nobody seems to include one- instead they just accept the risk of seizure.

I've tried looking up information on how to obtain these certificates- the costs, etc but it's very difficult to find straightforward information on the matter, but maybe I'm just an idiot.

Your not an idiot..

In australia we make it that way so we can cash in on your efforts whilst keeping our dollar worth shit all. saves us from having to create actual products for our economy's sake. after all, there is only so much insurance we can sell isnt there...

A bit like our pot laws.. we'd rather take $600.00 than $60,000 thanks.

Anyways,, moving on. In a backwards direction of course.

Edited by ghosty

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I often send Lophophora williamsii  plants and seeds to the US.  Whether or not any phytosanitary  certificate exists would be irrelevant anyway, as they are illegal in the US and thus liable to confiscation.  In fact if they were accompanied by any such certificate stating clearly to all and sundry what they were I think it would be certain that they would be confiscated - as it happens only one has been taken by customs in the last fifteen years.  However I have committed no illegal acts - they are legal to possess and grow here - and I can´t be expected to know what the law is in every other country, can I ?  And I am sure my American customers are not consuming them - they want them so badly just BECAUSE they are forbidden.  But Americans never learn from experience - the fact that the consumption of alcohol went UP under prohibition is lost on their legislators.

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I have received a few cuts from Oz and no problems.  All three things I tried to buy from Thailand however, were each, in turn, confiscated, so I am 0 for 3 there.  

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US customs are quite cool I reckon, have sent stuff there many times, no problem. 

 

 

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Technically no vegetative growth or seeds of cacti are allowed to be shipped into the US from overseas, regardless of the legality of the plants in question. Phytosanitary certificates are a huge pain in the ass to procure and don't actually extend to anything in cactaceae even if you could get them.

Fortunately, US Customs are lazy and terribly ineffective at their job. So unless you are foolish enough to write "seeds," "cactus" or "plants," the package will not be confiscated. I have had seizures when people sent packages from OZ and labeled them as "cactus seeds." I have successfully received full plants and seeds from various countries labelled as "collectibles," "botanical samples" or "chocolate" (that person threw in a candy bar, lol).

So, if you're willing to fudge the customs slip a tiny bit, you should have no issues, if you're going to write "cactus" on it, don't bother, they will be confiscated. Oh, and the reason cacti are banned from importation is protecting endangered species. So, as long as you're not poaching the plants, you're still acting in the spirit of the law. ;)  

Also, country of origin tends to be a red flag, so ordering from Mexico, China or any other country that is problematic from a standpoint of contraband will increase your risk of inspection and seizure. With Australia being a fine, upstanding Anglophone country so long as the package doesn't scream "I'm doing something naughty" it should fly right through. 

Edited by P.Zappatecorum

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I've found that US customs seems not to know what 'trichocereus' means. You can fill out the declaration truthfully and, at least for now, nobody will bother to check it.

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