Re: CP and the law
Wed, 30 Aug 1995 21:30:51 -0400

In CP digest 451 I saw a reference to Darlingtonia which was being grown from
nursery stock to be sold by a California nursery at some future date.

Does anyone have information on the legality of selling this species. I was
recently told that it is a federally endangered species and cannot be bought
or sold, or cross state lines as this would violate the Lacey Act. Plants
could be given away, but that even paying postage to the sender made the
transaction illegal. On the other hand, I was told that the Lacey Act
specifically exempts plants and was never intended to cover them. Whatever
laws apply to Darlingtonia (and also certain Sarracenia) as it exists in the
wild, does this also cover divisions of cultivated plants, seeds, tissue
culture material, etc?

A few years ago CPN was unsure of the laws concerning Nepenthes seeds and the
seed bank would not offer them for fear of the CITES regulations, even though
as best we could determine seed of CITES appendix 2 species was perfectly
legal to import and distribute. There even seemed to be a fear of handling
seed produced within the U.S. (which made no sense as that was outside the
scope of CITES which dealt with importation).

It would be helpful for all those dealing in CP to know the exact laws. Any