7 CFR § 357.4 - Exceptions from the declaration requirement.

---
identifier: "/us/cfr/t7/s357.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 357.4 - Exceptions from the declaration requirement."
title_number: 7
title_name: "Agriculture"
section_number: "357.4"
section_name: "Exceptions from the declaration requirement."
chapter_name: "ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE"
part_number: "357"
part_name: "CONTROL OF ILLEGALLY TAKEN PLANTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 3371  7 CFR 2.22, 2.80, and 371.2(d)."
regulatory_source: "78 FR 40944, July 9, 2013, unless otherwise noted."
cfr_part: "357"
---


# 357.4 Exceptions from the declaration requirement.

Plants and products containing plant materials are excepted from the declaration requirement if:

(a) The plant is used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported; or

(b) The plant material in a product represents no more than 5 percent of the total weight of the individual product unit, provided that the total weight of the plant material in an entry of products in the same 10-digit provision of the Harmonized Tariff Schedule of the United States does not exceed 2.9 kilograms.

(c) A product will not be eligible for an exception under paragraph (b) of this section if it contains plant material listed:

(1) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);

(2) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 *et seq.*); or

(3) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.

[85 FR 12212, Mar. 2, 2020]