The devastating impact of illegal logging on the ecosystems of many countries is well documented. Following extensive lobbying by a coalition of environmental, industry and labor groups, Congress implemented a groundbreaking law known as the Lacey Act banning commerce of illegally sourced plants and their products— including timber and wood products.

“It helps the federal government track the amount of wood coming in, by country, species and quantity,” said Ed Korczak, executive director and CEO of the National Wood Flooring Association. “It reduces the amount of illegal lumber coming in to the U.S.”

Originally implemented May 25, 1900, importers are now required to provide basic declaration with every shipment of plants or plant products. This addresses illegal logging by requiring the scientific name of any species used, country of harvest, quantity or measure and value. If either the specific country or species are unknown for a given shipment, the law allows declarations to contain the name of each likely species of plant, and/or each possible country of origin, in order to be processed by the U.S. Department of Agriculture’s Animal Plant Health Inspection Service (APHIS).

These stipulations are part of a 2008 amendment to the 109-year-old Lacey Act, named after John Lacey, the Congressman by whom it was first championed. The proposal, presented by lawmakers Rep. Earl Blumenauer (D-Ore.) and Sen. Ron Wyden (D-Ore.), acknowledges and supports other countries’ efforts to govern their own natural resources and puts powerful incentives in place for companies trading in these commodities to do the same.

The amendment, which was ratified by Congress on May 22, 2008 and went into effect this year, addresses illegal logging in three specific areas:

• It prohibits all trade in plant and plant products illegally sourced from any state or foreign country.

• It requires importers to declare the origin of harvest and species name of all plants contained in their products.

• It establishes penalties for violation of the Act—up to $250,000 ($500,000 for corporations), five years jail time, and forfeiture of goods for any corporation or individual.

California does it again

While the Lacey Act monitors wood at its source, the California Air Resources Board (CARB) regulates production of the lumber once it has been harvested and is aimed at cleaning up product emissions.

The state organization formed guidelines to regulate volatile organic compound (VOC) emissions, as composite wood products typically utilize formaldehyde glues or resins during construction and continue to release harmful toxins throughout their life cycle.

According to the International Agency for Research on Cancer, formaldehyde is found to cause nasopharyngeal cancer in humans, as well as exacerbate asthma and cause eye, nose and respiratory irritation.

Since 1992, formaldehyde has been deemed a toxic air contaminant by the state of California.

On April 18, 2008, CARB approved a two-phase airborne toxic control measure (ATCM) to reduce formaldehyde emissions in products sold within the state, and was effective immediately. With the first phase completed, the second outlines emission standards through 2012, reducing formaldehyde emissions for hardwood plywood— with a veneer or composite core— particleboard and medium density fiberboard (MDF).

Compliance with the ATCM, commonly referred to as CARB Phase 2 in the industry, must be third party certified, which, itself, must be certified by the state’s Air Resources Board.

Why would a manufacturer based outside of California comply with regulation standards set in the state? Simply put, California is the trendsetter for the rest of the country, with a large percentage of the nation’s population and buying power.

The state of California also serves as a gateway for imports from Asia and Oceania, so in order to reach the remainder of the country imports must first pass stringent state guidelines.