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May 2023
US Fish & Wildlife Service
Dear U.S. Importer / Exporter / Re-exporter of specimens, parts, and/or products containing CITES-listed plant species:
This letter is addressed to possible U.S. importers, exporters, and re-exporters of dietary supplements and personal care products containing plant species included in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES or Convention). There have been a large number of recent seizures in Europe of products containing CITES-listed plant species, which were exported or re-exported from the United States in violation of CITES requirements. Seized products included the following species: Hoodia (Hoodia gordonii), orchids (e.g., Orchis mascula) and Pygeum (Prunus africana).
Hoodia gordonii, most species of orchids, and Prunus africana are included in Appendix II of CITES, meaning that they may be traded internationally as long as the shipments are accompanied by the required permits and certificates, issued by the relevant national CITES office, and all inspection and clearance processes have been followed. Please note that additional CITES-listed plant species that may be used in the manufacture of dietary supplements and personal care products. A link to the full CITES Appendices can be found at: https://cites.org/eng/app/appendices.php and you can query specific species in the CITES Checklist of Species at: https://checklist.cites.org/#/en.
Hoodia
All species in the genus Hoodia spp., including Hoodia gordonii, have been included in CITES Appendix II since January 12, 2005. The CITES listing of Hoodia spp. includes live and dead plant specimens, as well as all parts, products, and derivatives made from any species of Hoodia, with the exception of material produced from controlled harvesting and production schemes under the terms of an agreement with the CITES Management Authority of Botswana, Namibia, or South Africa and bearing the approved label from the respective country of export (Note: No such approved schemes currently exist).
Pygeum
The species Prunus africana, also called Pygeum or African cherry, has been included in CITES Appendix II since February 16, 1995. The CITES listing is subject to Annotation #4 and includes live and dead plant specimens of Prunus africana, as well as all parts, products, and derivatives except seeds and seedling or tissue culture obtained in vitro transported in sterile containers. For example, the listing also includes bark and any products made from the bark.
Orchis mascula and other Appendix-II listed orchid species
The orchid family, Orchidaceae, has been included in the CITES Appendices since July 1, 1975. The Appendix-II orchid species are subject to Annotation #4 and include live and dead plant specimens of Appendix-II orchids, as well as all parts, products, and derivatives of Appendix-II orchid species except as follows:
a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Dypsis decaryi exported from Madagascar;
b) seedling or tissue cultures obtained in vitro transported in sterile containers;
c) cut flowers of artificially propagated plants;
d) fruits, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae; . . . [Annotation #4, paragraphs e) and f) omitted here as they are not applicable to orchids]; and
g) finished products derived from artificial propagation, packaged and ready for retail trade of cosmetics containing parts and derivatives of Bletilla striata, Cycnoches cooperi, Gastrodia elata, Phalaenopsis amabilis or Phalaenopsis lobbii.
The countries that are parties to CITES (also called CITES Parties) have adopted the following definition of the term “Finished products packaged and ready for retail trade:” Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public. Additionally, the CITES Party countries have adopted the following definition of “Cosmetics:” Any product or mixture of products which is applied to an external part of the body only (e.g. skin, hair, nails, genitals, lips or teeth or the mucous membranes of the oral cavity) with the intent to clean, odorise, change the appearance or protect. Cosmetics may include the following: make-up, perfume, skin cream, nail polish, hair colourants, soap, shampoo, shaving cream, deodorant, sunscreens, toothpaste.
For Appendix-II orchid species included as ingredients in dietary supplements, personal care products, or medicinal products, unless the product qualifies for the exemption contained in paragraphs d) and g) above, it must be accompanied by a CITES document in international trade and import, export, and re-export must follow all applicable inspection and clearance processes (See below for more information on inspection and clearance processes for CITES-listed plants).
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