16 WESTERN PALLET
of exempt material to repair wood packaging or the implemention of a passthrough program. Facilities not monitored in the IPPC program are not authorized or approved to implement the ISPM 15 standard and cannot represent what they are shipping as IPPC conforming wood packaging eligible for international trade. Such acts are fraudulent and can be subject to fines and penalties if caught and convicted.
How are violators caught and held accountable?
Many times this occurs at the overseas port where an interception (discovery of evidence of evasive pests) is made. The USDA will be given information on the U.S. exporter of the IPPC marked pallets and are then able to trace these pallets back to the original wood packaging provider. If the provider is found not to be in the program, the USDA will pursue criminal charges against the operation. In these situations, the USDA has successfully prosecuted violators noting that "violations of ISPM 15 requirements under the Plant Protection Act have resulted in a variety of enforcement actions, including an administrative decision and order, civil penalties of as much as $100,000, and federal felony convictions."
The USDA also warns exporters purchasing IPPC marked wood packaging from unmonitored operations that, "the alteration and distribution of certified wood packaging material is noncompliant with the APHIS regulations and ISPM 15. US exporters using such materials expose themselves to international fees, fines, and possible bans by our trading partners. Repair and re-manufacture companies producing and distributing noncompliant wood packaging material could be held liable by the exporter and/or prosecuted by the Department of Justice."
Recyclers participating in the IPPC program can rest assured knowing that the USDA takes a serious stance against facilities that choose to disregard ALSC and ISPM 15 requirements to legally ship IPPC marked pallets and will take legal action whenever possible.
Source: Timber Products
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