MEMBER'S QUESTION:

We recently had a customer asking us to provide our processes and certification for traceability of fiber source for our packaging and what certification we have that assures them that we are in compliance.  We responded that both of the suppliers we use are SFI certified and that we are working toward certification by year end. 

That's when I realized that I know nothing about what the Lacey Act actually requires, who it applies to, or anything else.  Can you provide some information regarding this specific Act?

ASKRalph! Responds:

“The Lacey Act, 16 U.S.C. §§ 3371-3378, protects both plants and wildlife by creating civil and criminal penalties for a wide array of violations.  Most notably, the Act prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold. Thus, the Act underscores other federal, state, and foreign laws protecting wildlife by making it a separate offense to take, possess, transport, or sell wildlife that has been taken in violation of those laws. The Act prohibits the falsification of documents for most shipments of wildlife (a criminal penalty) and prohibits the failure to mark wildlife shipments (civil penalty). The Lacey Act is administered by the Departments of the Interior, Commerce, and Agriculture through their respective agencies. These include the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and Animal and Plant Health Inspection Service.”

Source: Michigan State University

MEMBER:I will be responding to NAFTA questions from our customers from now on, so I am looking for something that explains the situation.  Do you have some documentation on the whole NAFTA issue regarding the corrugated box?

RALPH YOUNG:  Thank you for sending me a copy of the Certificate of Origin, OBM No.1561-0098, CBP Form 434 (04/97) for review.  You are not the exporter or imported of goods.  However, you could be considered an intermediate producer associated with the entire product which would include the shipping container. I would recommend language such as the following to be inserted under the Description- Intermediate producer of corrugated shipping containers into which products are placed for shipment.  Origin of the containerboards used in the construction are from both US and Canadian sources.

MEMBER’S QUESTION:  One of our customers is going through an AIB inspection. We have been asked to provide a letter of guarantee stating that the boxes meet a federal regulation suitable for food products. Can you help with these federal regulations...what are they and where might I find them?

 

ASK RALPH RESPONDS:

This is no a big deal.  Containerboard suppliers routinely send letters to the corrugated board manufactures stating that their liners at the time of manufacturing do not have known materials that are harmful to human health.  Contact your sheet supplier asking for the letters from all his current liner suppliers.  I would suggest that you ask for ALL of them.  If you need further help with this you can contact Ken Isaacson at ARVCO Containers.  They are on of several AICC members that are AIB certified.  Thank you for the question.