Sec. 3. Sustainability certifications for palm oil deemed sufficient as import declarations and due diligence
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In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States— such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(f) ); and such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(a) ).
Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish on an internet website of the Department of Agriculture for public comment a preliminary list of nongovernmental certifying standards for sustainable palm oil. In publishing the list under paragraph (1), the Secretary shall— when considering whether to include a certifying standard on such list, prioritize certifying standards that promote— palm oil cultivation practices with decreased net greenhouse gas emissions; human rights of palm oil agricultural workers; human rights of the communities neighboring palm oil plantations; and preventing deforestation or peatlands degradation; and consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil.
The Secretary may not include in the list under paragraph
(1)any standard issued by a foreign government. Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph
(1)is published, finalize the preliminary list. The Secretary shall— review and update, as appropriate, the finalized list under paragraph
(4)at least once every 5 years; and allow for public notice and a period for public comment with respect to any such updates. In the case of palm oil products for which documentation of meeting the sustainability certification standards referred to in subsection
(a)cannot be provided, the Secretary may grant the importers of such products temporary certifications that may be presented at the port of entry into the United States in lieu of such documentation for a period not to exceed one year, subject to renewal (of such duration as the Secretary may specify), if the Secretary publishes on a public internet site of the Department of Agriculture, and updates as necessary, a list of all such temporary certifications, including with respect to each such temporary certification— a written statement outlining the reason for granting the temporary certification; the date on which the temporary certification expires; the terms by which the temporary certification may be renewed, if applicable; and any supporting documents or information considered by the Secretary in deciding to grant such temporary certification.
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Sec. 3
Sustainability certifications for palm oil deemed sufficient as import declarations and due diligence
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