Nina,

Wow what a loaded question.

I have had some experience in the importation of foreign soil, animal, 
and plant matter for zoological purposes. I would strongly suggest 
contacting the USDA with your question. Here is the contact info:

U.S. Department of Agriculture
Animal and Plant Health Inspection Service
Plant Protection and Quarantine
4700 River Road, Unit 133
Riverdale, Maryland 20737

APHIS regulations are pretty strict, and pretty clear on the issue of 
soil (I would also suggest refraining from using the word 'dirt' as that 
is actually a different definition with APHIS). If the soil in question 
could be defined as mineral or geological samples, you may have even 
better luck. You might also see if any, or all of the samples are 
exempted from the regulations. The following items are exempt:

Peat, cosmetic mud and other mud products from fresh water estuaries or 
the earth's upper surface, if processed to a uniform consistency, and 
free of plant parts or seeds.
Volcanic rock, pumice, geologic samples, drilling cores, or mud, if 
mined so it is free of organic material.
Any sediment, mud, or rock from the oceans of the earth.

I suspect that arguing the samples as art won't get you far with the 
USDA. Soils that have been quarantined properly are admitted under the 
Code of Federal Regulations 7(CFR) 330.300 which lists the federal 
authority for these conditions and safeguards. There is a loophole 
specifically for museums - however, the artist would be required to 
permanently gift the samples to the institution. If the museum owned the 
samples you could apply for a special permit. Again, the potential of 
obtaining one of those permits for 'artistic' purposes may be difficult, 
especially on a retroactive basis.

The other thing to check on would be whether the samples were collected 
while these APHIS regulations were in effect. Prior to the regulations 
it was not uncommon for tourists to do as your artist did and bring back 
souvenir samples of plants, soil, sand, etc.

As far as method of collection, trespassing, and illegal importation - 
That is a legal question that is the responsibility of the artist, not 
the museum. I'd be very careful about limiting the museum's liability in 
this case. You do not want the museum to become a party in whatever 
violation(s) may have taken place. You also need to exercise caution so 
that the artist does not find the museum liable should she claim you 
provided erroneous legal advice regarding this matter. I would focus 
your efforts solely on what the museum would need to do to legally 
exhibit the material.

Good luck!

Larry Fisher



On 5/31/2012 12:07 PM, Nina Simon wrote:
> This one is for the museum lawyers and collection management gurus out 
> there.
>
> For an upcoming temporary exhibition on collections, we would like to 
> show a collection of vials of dirt that a local naturalist collected 
> on her travels around the world. The challenge is that much of this 
> dirt was transferred into the US illegally (i.e. from countries where 
> they are strict about making sure that organic material doesn't enter 
> or leave the country) or was obtained with some trespassing (i.e. from 
> celebrities' yards). She is nervous about exhibiting the dirt in 
> public for this reason.
>
> My sense is that if we can call this art, it might not be a problem. 
> Frankly, I don't think it's a big problem period - there's no real 
> risk or danger to the dirt - but I want to learn more about how to 
> address this issue. Do you know anyone who might have some expertise 
> to bear in this arena?
>
> Thank you,
>
> Nina
>
> Nina Simon
> Executive Director
> *Santa Cruz Museum of Art & History*
> 831.429.1964 x7018
>
> Come visit us at 705 Front Street in Santa Cruz
> Get involved at www.santacruzmah.org 
> <http://www.santacruzmah.org/> or on Facebook 
> <http://www.facebook.com/santacruzmah>
>
>
>
>
>
>
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