Providing third-party environmental and sustainability certification, auditing, testing, and standards development.

Service Offerings

Eligibility

Timber legality verification under the SCS Legal Harvest program is available to individual organizations (forest managers, sawmills, pulp mills, secondary manufacturers, distributors, and retailers), groups of associated organizations or entire supply chains worldwide.

Certification Options

• Legal Harvest Verification for Forests: For organizations that directly manage forests. Verification of legally-required documents will be checked against on-the-ground practices through on-site audits before the claim can be made.
• Legal Harvest Verification for Factories and Traders: For forest products manufacturers and traders who want to demonstrate that their wood products come from legal sources. Regularly scheduled on-site auditing is required to verify documentation and on-the-ground procedures for accurately identifying and tracking legal wood throughout their operations. Upstream suppliers and forests may be included in the audit.
• Legal Harvest Verification for Groups and Multi-Sites: For a group of multiple entities or sites on a single verification statement, i.e., certificate. This option is most applicable to organizations with the capacity to manage and oversee large networks. Examples include: large corporations with many sites performing similar operations, business associations, trade federations, and capacity building or consulting organizations. Additional capacity and oversight requirements for groups and multi-sites must be met to take advantage of this option.

Complementary Services

In addition, SCS provides certification to the Forest Stewardship Council (FSC) standards, carbon footprint measurement and verification and carbon offset verification. Wood products may also qualify for SCS Recycled Content, SCS Indoor Advantage indoor air quality or SCS CARB Formaldehyde Compliance (CARB ATCM) certification.

FAQs

What is the SCS Legal Harvest Verification program?

The SCS Legal Harvest Verification program is designed for responsible companies who are looking for a systematic way of demonstrating 'due care' in sourcing forest products with the goal of eliminating illegally harvested wood from their supply. SCS Legal Harvest provides recognition for companies once they have met necessary program requirements towards achieving that goal.

Will SCS Legal Harvest make my company Lacey Act compliant?

There is no existing standard or program that would assure a company's compliancy with the Lacey Act. The law does not clearly specify what constitutes 'due care,' nor does it exempt companies who practice due care from penalties if they are found in violation of the law. What is clear is that companies will need to have a system in place for collecting information on their wood supplies and documenting actions taken to reduce the likelihood of trading in illegal product. The SCS Legal Harvest Verification program provides such a system and is an "off the shelf" program, designed by forest certification leaders who know the forest management and forest products manufacturing industries affected by this law.

How is Legal Harvest Verification different from Verified Legal Origin (VLO)?

Assessments at the forest level under SCS Legal Harvest Verification are essentially identical to that of Verified Legal Origin (VLO) - both assess the forest management entity's legal right to harvest. However, LHV goes a step further, including a more robust standard for timber product companies that are further down the supply chain from the forest of harvest. Compliance to the Legal Harvest Verification Standard will help protect your company from inadvertent violation of the US Lacey Act or the EU Due Diligence Regulation. Using this rigorous standard could save your company from negative publicity and stiff government fines.

What countries ban illegal timber imports?

The U.S. amended the Lacey Act in 2008 to prohibit trade in illegally harvested plants and plant products. The amendment pertains to interstate domestic trade and the import of plant products into the US.

The European Union Timber Regulation will go into effect in 2013. Currently, the EU has minimum due diligence requirements to keep illegal timber out of the European market.

The Swiss Declaration Requirement, passed in 2011, requires companies to declare species and country of origin.

Australia has a draft bill titled Illegal Logging Prohibition. If approved, the bill will go into effect this year.

US Lacey Act FAQs

What is the U.S. Lacey Act?

The Lacey Act was first enacted in 1900 and prohibits illegal harvest and U.S. trade of certain animals and plants. In May 2008, the U.S. Congress expanded the Lacey Act to cover illegal harvesting and trade of any wild member of the plant kingdom (excluding common food crops), most notably trees and wood products. The purpose of this change is to eliminate imports of illegally harvested wood into the United States of America.

If I am importing or exporting wood or paper products into the U.S., what am I required to do under the Lacey Act?

1. Practice 'due care' to ensure you are sourcing products that have been legally harvested and traded.
2. Complete a USDA Animal and Plant Health Inspection Service (APHIS) Declaration Form that will require you to know:
   • the scientific name of the tree species
   • the country of harvest

What constitutes a violation of the Lacey Act?

1. A plant that is taken, harvested, possessed, transported, sold, or exported in violation of an underlying law in any foreign country or the U.S. and then brought into and/or traded within the U.S.
2. Not submitting or falsifying information on a declaration form

What kinds of penalties and fines are imposed on violators?

Three types of penalties are levied based on the severity of the infraction and level of 'due care' employed by the importing company or individual: Civil Penalties - fines up to US$10,000, Criminal Penalties - fines up to US$500,000 and five years imprisonment, Forfeiture - confiscation of the products

How is 'due care' defined?

Due care is a U.S. legal term that refers to "that degree of care which a reasonably prudent person would exercise under the same or similar circumstances. As a result, it is applied differently to different categories of persons with varying degrees of knowledge and responsibility." (Senate Report 97-123)

How will the Lacey Act be enforced?

Enforcing agencies include the USDA-APHIS, Department of Fish and Wildlife, Customs and Border Protection and the Department of Homeland Security. These agencies will gather information and investigate based on the likelihood of a violation. It is likely that higher-risk countries and species will be more closely watched. Additionally, many non-governmental organizations (NGOs) will be taking an active role by doing their own investigations and providing evidence to the enforcement agencies.

Verified Organizations

Current SCS LegalHarvest™ Verification clients are listed below. Copies of verification statements and summary reports are available by clicking on the links provided.