US (United States) Code. Title 7. Chapter 104: Plant protection

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 57 páginas
publicidad

-CITE-

7 USC CHAPTER 104 - PLANT PROTECTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

.

-HEAD-

CHAPTER 104 - PLANT PROTECTION

-MISC1-

Sec.

7701. Findings.

7702. Definitions.

SUBCHAPTER I - PLANT PROTECTION

7711. Regulation of movement of plant pests.

(a) Prohibition of unauthorized movement of plant

pests.

(b) Requirements for processes.

(c) Authorization of movement of plant pests by

regulation.

(d) Prohibition of unauthorized mailing of plant

pests.

(e) Regulations.

7712. Regulation of movement of plants, plant products, biological

control organisms, noxious weeds, articles, and means of

conveyance.

(a) In general.

(b) Policy.

(c) Regulations.

(d) Notice.

(e) Study and report on systems approach.

(f) Noxious weeds.

(g) Biological control organisms.

7713. Notification and holding requirements upon arrival.

(a) Duty of Secretary of the Treasury.

(b) Duty of responsible parties.

(c) Prohibition on movement of items without

authorization.

7714. General remedial measures for new plant pests and noxious

weeds.

(a) Authority to hold, treat, or destroy items.

(b) Authority to order an owner to treat or destroy.

(c) Classification system.

(d) Application of least drastic action.

7715. Declaration of extraordinary emergency and resulting

authorities.

(a) Authority to declare.

(b) Required finding of emergency.

(c) Notification procedures.

(d) Application of least drastic action.

(e) Payment of compensation.

7716. Recovery of compensation for unauthorized activities.

(a) Recovery action.

(b) Time for action; location.

7717. Control of grasshoppers and Mormon crickets.

(a) In general.

(b) Transfer authority.

(c) Treatment for grasshoppers and Mormon crickets.

(d) Federal cost share of treatment.

(e) Training.

7718. Certification for exports.

7719. Methyl bromide.

(a) In general.

(b) Methyl bromide alternative.

(c) Registry.

(d) Administration.

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

7731. Inspections, seizures, and warrants.

(a) Role of Attorney General.

(b) Warrantless inspections.

(c) Inspections with a warrant.

7732. Collection of information.

7733. Subpoena authority.

(a) Authority to issue.

(b) Location of production.

(c) Enforcement of subpoena.

(d) Compensation.

(e) Procedures.

7734. Penalties for violation.

(a) Criminal penalties.

(b) Civil penalties.

(c) Liability for acts of an agent.

(d) Guidelines for civil penalties.

7735. Enforcement actions of Attorney General.

7736. Court jurisdiction.

(a) In general.

(b) Exception.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

7751. Cooperation.

(a) In general.

(b) Responsibility.

(c) Transfer of biological control methods.

(d) Cooperation in program administration.

(e) Phytosanitary issues.

7752. Buildings, land, people, claims, and agreements.

(a) In general.

(b) Tort claims.

7753. Reimbursable agreements.

(a) Authority to enter into agreements.

(b) Funds collected for preclearance.

(c) Payment of employees.

(d) Late payment penalties.

7754. Regulations and orders.

7755. Protection for mail handlers.

7756. Preemption.

(a) Regulation of foreign commerce.

(b) Regulation of interstate commerce.

7757. Severability.

7758. Repeal of superseded laws.

(a), (b) Omitted.

(c) Effect on regulations.

7759. Fees for inspection of plants for exporting or transiting.

(a) to (e) Repealed.

(f) Authorization of appropriations; fees, late

payment penalties, and accrued interest.

7760. State terminal inspection; transmission of mailed packages

for State inspection; nonmailable matter; punishment for

violations; rules and regulations by United States Postal

Service.

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

7771. Authorization of appropriations.

7772. Transfer authority.

(a) Authority to transfer certain funds.

(b) Availability.

(c) Secretarial discretion.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1961, 8401 of this title;

title 6 section 231.

-CITE-

7 USC Sec. 7701 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

-HEAD-

Sec. 7701. Findings

-STATUTE-

Congress finds that -

(1) the detection, control, eradication, suppression,

prevention, or retardation of the spread of plant pests or

noxious weeds is necessary for the protection of the agriculture,

environment, and economy of the United States;

(2) biological control is often a desirable, low-risk means of

ridding crops and other plants of plant pests and noxious weeds,

and its use should be facilitated by the Department of

Agriculture, other Federal agencies, and States whenever

feasible;

(3) it is the responsibility of the Secretary to facilitate

exports, imports, and interstate commerce in agricultural

products and other commodities that pose a risk of harboring

plant pests or noxious weeds in ways that will reduce, to the

extent practicable, as determined by the Secretary, the risk of

dissemination of plant pests or noxious weeds;

(4) decisions affecting imports, exports, and interstate

movement of products regulated under this chapter shall be based

on sound science;

(5) the smooth movement of enterable plants, plant products,

biological control organisms, or other articles into, out of, or

within the United States is vital to the United State's economy

and should be facilitated to the extent possible;

(6) export markets could be severely impacted by the

introduction or spread of plant pests or noxious weeds into or

within the United States;

(7) the unregulated movement of plant pests, noxious weeds,

plants, certain biological control organisms, plant products, and

articles capable of harboring plant pests or noxious weeds could

present an unacceptable risk of introducing or spreading plant

pests or noxious weeds;

(8) the existence on any premises in the United States of a

plant pest or noxious weed new to or not known to be widely

prevalent in or distributed within and throughout the United

States could constitute a threat to crops and other plants or

plant products of the United States and burden interstate

commerce or foreign commerce; and

(9) all plant pests, noxious weeds, plants, plant products,

articles capable of harboring plant pests or noxious weeds

regulated under this chapter are in or affect interstate commerce

or foreign commerce.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 402, June 20, 2000, 114 Stat.

438.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in pars. (4) and (9), was in the

original ''this title'', meaning title IV of Pub. L. 106-224, June

20, 2000, 114 Stat. 438, which is classified principally to this

chapter. For complete classification of title IV to the Code, see

Short Title note set out below and Tables.

-MISC2-

SHORT TITLE

Pub. L. 106-224, title IV, Sec. 401, June 20, 2000, 114 Stat.

438, provided that: ''This title (enacting this chapter, amending

section 7759 of this title and section 129a of Title 21, Food and

Drugs, and repealing sections 148, 148a, 148c to 148f, 149, 150,

150a to 150g, 150aa to 150jj, 151 to 154, 156 to 164, 164a, 167,

1651 to 1656, and 2801 to 2813 of this title, and provisions set

out as notes under sections 147a, 150, 150aa, 151, and 1651 of this

title) may be cited as the 'Plant Protection Act'.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7702 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

-HEAD-

Sec. 7702. Definitions

-STATUTE-

In this chapter:

(1) Article

The term ''article'' means any material or tangible object that

could harbor plant pests or noxious weeds.

(2) Biological control organism

The term ''biological control organism'' means any enemy,

antagonist, or competitor used to control a plant pest or noxious

weed.

(3) Enter and entry

The terms ''enter'' and ''entry'' mean to move into, or the act

of movement into, the commerce of the United States.

(4) Export and exportation

The terms ''export'' and ''exportation'' mean to move from, or

the act of movement from, the United States to any place outside

the United States.

(5) Import and importation

The terms ''import'' and ''importation'' mean to move into, or

the act of movement into, the territorial limits of the United

States.

(6) Interstate

The term ''interstate'' means -

(A) from one State into or through any other State; or

(B) within the District of Columbia, Guam, the Virgin Islands

of the United States, or any other territory or possession of

the United States.

(7) Interstate commerce

The term ''interstate commerce'' means trade, traffic, or other

commerce -

(A) between a place in a State and a point in another State,

or between points within the same State but through any place

outside that State; or

(B) within the District of Columbia, Guam, the Virgin Islands

of the United States, or any other territory or possession of

the United States.

(8) Means of conveyance

The term ''means of conveyance'' means any personal property

used for or intended for use for the movement of any other

personal property.

(9) Move and related terms

The terms ''move'', ''moving'', and ''movement'' mean -

(A) to carry, enter, import, mail, ship, or transport;

(B) to aid, abet, cause, or induce the carrying, entering,

importing, mailing, shipping, or transporting;

(C) to offer to carry, enter, import, mail, ship, or

transport;

(D) to receive to carry, enter, import, mail, ship, or

transport;

(E) to release into the environment; or

(F) to allow any of the activities described in a preceding

subparagraph.

(10) Noxious weed

The term ''noxious weed'' means any plant or plant product that

can directly or indirectly injure or cause damage to crops

(including nursery stock or plant products), livestock, poultry,

or other interests of agriculture, irrigation, navigation, the

natural resources of the United States, the public health, or the

environment.

(11) Permit

The term ''permit'' means a written or oral authorization,

including by electronic methods, by the Secretary to move plants,

plant products, biological control organisms, plant pests,

noxious weeds, or articles under conditions prescribed by the

Secretary.

(12) Person

The term ''person'' means any individual, partnership,

corporation, association, joint venture, or other legal entity.

(13) Plant

The term ''plant'' means any plant (including any plant part)

for or capable of propagation, including a tree, a tissue

culture, a plantlet culture, pollen, a shrub, a vine, a cutting,

a graft, a scion, a bud, a bulb, a root, and a seed.

(14) Plant pest

The term ''plant pest'' means any living stage of any of the

following that can directly or indirectly injure, cause damage

to, or cause disease in any plant or plant product:

(A) A protozoan.

(B) A nonhuman animal.

(C) A parasitic plant.

(D) A bacterium.

(E) A fungus.

(F) A virus or viroid.

(G) An infectious agent or other pathogen.

(H) Any article similar to or allied with any of the articles

specified in the preceding subparagraphs.

(15) Plant product

The term ''plant product'' means -

(A) any flower, fruit, vegetable, root, bulb, seed, or other

plant part that is not included in the definition of plant; or

(B) any manufactured or processed plant or plant part.

(16) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(17) State

The term ''State'' means any of the several States of the

United States, the Commonwealth of the Northern Mariana Islands,

the Commonwealth of Puerto Rico, the District of Columbia, Guam,

the Virgin Islands of the United States, or any other territory

or possession of the United States.

(18) Systems approach

For the purposes of section 7712(e) of this title, the term

''systems approach'' means a defined set of phytosanitary

procedures, at least two of which have an independent effect in

mitigating pest risk associated with the movement of commodities.

(19) This chapter

Except when used in this section, the term ''this chapter''

includes any regulation or order issued by the Secretary under

the authority of this chapter.

(20) United States

The term ''United States'' means all of the States.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 403, June 20, 2000, 114 Stat.

438.)

-CITE-

7 USC SUBCHAPTER I - PLANT PROTECTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

.

-HEAD-

SUBCHAPTER I - PLANT PROTECTION

-CITE-

7 USC Sec. 7711 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7711. Regulation of movement of plant pests

-STATUTE-

(a) Prohibition of unauthorized movement of plant pests

Except as provided in subsection (c) of this section, no person

shall import, enter, export, or move in interstate commerce any

plant pest, unless the importation, entry, exportation, or movement

is authorized under general or specific permit and is in accordance

with such regulations as the Secretary may issue to prevent the

introduction of plant pests into the United States or the

dissemination of plant pests within the United States.

(b) Requirements for processes

The Secretary shall ensure that the processes used in developing

regulations under subsection (a) of this section governing

consideration of import requests are based on sound science and are

transparent and accessible.

(c) Authorization of movement of plant pests by regulation

(1) Exception to permit requirement

The Secretary may issue regulations to allow the importation,

entry, exportation, or movement in interstate commerce of

specified plant pests without further restriction if the

Secretary finds that a permit under subsection (a) of this

section is not necessary.

(2) Petition to add or remove plant pests from regulation

Any person may petition the Secretary to add a plant pest to,

or remove a plant pest from, the regulations issued by the

Secretary under paragraph (1).

(3) Response to petition by the Secretary

In the case of a petition submitted under paragraph (2), the

Secretary shall act on the petition within a reasonable time and

notify the petitioner of the final action the Secretary takes on

the petition. The Secretary's determination on the petition

shall be based on sound science.

(d) Prohibition of unauthorized mailing of plant pests

(1) In general

Any letter, parcel, box, or other package containing any plant

pest, whether sealed as letter-rate postal matter or not, is

nonmailable and shall not knowingly be conveyed in the mail or

delivered from any post office or by any mail carrier, unless the

letter, parcel, box, or other package is mailed in compliance

with such regulations as the Secretary may issue to prevent the

dissemination of plant pests into the United States or

interstate.

(2) Application of postal laws and regulations

Nothing in this subsection authorizes any person to open any

mailed letter or other mailed sealed matter except in accordance

with the postal laws and regulations.

(e) Regulations

Regulations issued by the Secretary to implement subsections (a),

(c), and (d) of this section may include provisions requiring that

any plant pest imported, entered, to be exported, moved in

interstate commerce, mailed, or delivered from any post office -

(1) be accompanied by a permit issued by the Secretary prior to

the importation, entry, exportation, movement in interstate

commerce, mailing, or delivery of the plant pest;

(2) be accompanied by a certificate of inspection issued (in a

manner and form required by the Secretary) by appropriate

officials of the country or State from which the plant pest is to

be moved;

(3) be raised under post-entry quarantine conditions by or

under the supervision of the Secretary for the purposes of

determining whether the plant pest -

(A) may be infested with other plant pests;

(B) may pose a significant risk of causing injury to, damage

to, or disease in any plant or plant product; or

(C) may be a noxious weed; and

(4) be subject to remedial measures the Secretary determines to

be necessary to prevent the spread of plant pests.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 411, June 20, 2000, 114 Stat.

440.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7713 of this title.

-CITE-

7 USC Sec. 7712 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7712. Regulation of movement of plants, plant products,

biological control organisms, noxious weeds, articles, and

means of conveyance

-STATUTE-

(a) In general

The Secretary may prohibit or restrict the importation, entry,

exportation, or movement in interstate commerce of any plant, plant

product, biological control organism, noxious weed, article, or

means of conveyance, if the Secretary determines that the

prohibition or restriction is necessary to prevent the introduction

into the United States or the dissemination of a plant pest or

noxious weed within the United States.

(b) Policy

The Secretary shall ensure that processes used in developing

regulations under this section governing consideration of import

requests are based on sound science and are transparent and

accessible.

(c) Regulations

The Secretary may issue regulations to implement subsection (a)

of this section, including regulations requiring that any plant,

plant product, biological control organism, noxious weed, article,

or means of conveyance imported, entered, to be exported, or moved

in interstate commerce -

(1) be accompanied by a permit issued by the Secretary prior to

the importation, entry, exportation, or movement in interstate

commerce;

(2) be accompanied by a certificate of inspection issued (in a

manner and form required by the Secretary) by appropriate

officials of the country or State from which the plant, plant

product, biological control organism, noxious weed, article, or

means of conveyance is to be moved;

(3) be subject to remedial measures the Secretary determines to

be necessary to prevent the spread of plant pests or noxious

weeds; and

(4) with respect to plants or biological control organisms, be

grown or handled under post-entry quarantine conditions by or

under the supervision of the Secretary for the purposes of

determining whether the plant or biological control organism may

be infested with plant pests or may be a plant pest or noxious

weed.

(d) Notice

Not later than 1 year after June 20, 2000, the Secretary shall

publish for public comment a notice describing the procedures and

standards that govern the consideration of import requests. The

notice shall -

(1) specify how public input will be sought in advance of and

during the process of promulgating regulations necessitating a

risk assessment in order to ensure a fully transparent and

publicly accessible process; and

(2) include consideration of the following:

(A) Public announcement of import requests that will

necessitate a risk assessment.

(B) A process for assigning major/nonroutine or minor/routine

status to such requests based on current state of supporting

scientific information.

(C) A process for assigning priority to requests.

(D) Guidelines for seeking relevant scientific and economic

information in advance of initiating informal rulemaking.

(E) Guidelines for ensuring availability and transparency of

assumptions and uncertainties in the risk assessment process

including applicable risk mitigation measures relied upon

individually or as components of a system of mitigative

measures proposed consistent with the purposes of this chapter.

(e) Study and report on systems approach

(1) Study

The Secretary shall conduct a study of the role for and

application of systems approaches designed to guard against the

introduction of plant pathogens into the United States associated

with proposals to import plants or plant products into the United

States.

(2) Participation by scientists

In conducting the study the Secretary shall ensure

participation by scientists from State departments of

agriculture, colleges and universities, the private sector, and

the Agricultural Research Service.

(3) Report

Not later than 2 years after June 20, 2000, the Secretary shall

submit a report on the results of the study conducted under this

section to the Committee on Agriculture, Nutrition, and Forestry

of the Senate and the Committee on Agriculture of the House of

Representatives.

(f) Noxious weeds

(1) Regulations

In the case of noxious weeds, the Secretary may publish, by

regulation, a list of noxious weeds that are prohibited or

restricted from entering the United States or that are subject to

restrictions on interstate movement within the United States.

(2) Petition to add or remove plants from regulation

Any person may petition the Secretary to add a plant species

to, or remove a plant species from, the regulations issued by the

Secretary under this subsection.

(3) Duties of the Secretary

In the case of a petition submitted under paragraph (2), the

Secretary shall act on the petition within a reasonable time and

notify the petitioner of the final action the Secretary takes on

the petition. The Secretary's determination on the petition

shall be based on sound science.

(g) Biological control organisms

(1) Regulations

In the case of biological control organisms, the Secretary may

publish, by regulation, a list of organisms whose movement in

interstate commerce is not prohibited or restricted. Any listing

may take into account distinctions between organisms such as

indigenous, nonindigenous, newly introduced, or commercially

raised.

(2) Petition to add or remove biological control organisms from

the regulations

Any person may petition the Secretary to add a biological

control organism to, or remove a biological control organism

from, the regulations issued by the Secretary under this

subsection.

(3) Duties of the Secretary

In the case of a petition submitted under paragraph (2), the

Secretary shall act on the petition within a reasonable time and

notify the petitioner of the final action the Secretary takes on

the petition. The Secretary's determination on the petition

shall be based on sound science.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 412, June 20, 2000, 114 Stat.

441.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d)(2)(E), was in the

original ''this title'', meaning title IV of Pub. L. 106-224, June

20, 2000, 114 Stat. 438, which is classified principally to this

chapter. For complete classification of title IV to the Code, see

Short Title note set out under section 7701 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7702, 7713 of this title.

-CITE-

7 USC Sec. 7713 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7713. Notification and holding requirements upon arrival

-STATUTE-

(a) Duty of Secretary of the Treasury

(1) Notification

The Secretary of the Treasury shall promptly notify the

Secretary of Agriculture of the arrival of any plant, plant

product, biological control organism, plant pest, or noxious weed

at a port of entry.

(2) Holding

The Secretary of the Treasury shall hold a plant, plant

product, biological control organism, plant pest, or noxious weed

for which notification is made under paragraph (1) at the port of

entry until the plant, plant product, biological control

organism, plant pest, or noxious weed -

(A) is inspected and authorized for entry into or transit

movement through the United States; or

(B) is otherwise released by the Secretary of Agriculture.

(3) Exceptions

Paragraphs (1) and (2) shall not apply to any plant, plant

product, biological control organism, plant pest, or noxious weed

that is imported from a country or region of a country designated

by the Secretary of Agriculture, pursuant to regulations, as

exempt from the requirements of such paragraphs.

(b) Duty of responsible parties

(1) Notification

The person responsible for any plant, plant product, biological

control organism, plant pest, noxious weed, article, or means of

conveyance required to have a permit under section 7711 or 7712

of this title shall provide the notification described in

paragraph (3) as soon as possible after the arrival of the plant,

plant product, biological control organism, plant pest, noxious

weed, article, or means of conveyance at a port of entry and

before the plant, plant product, biological control organism,

plant pest, noxious weed, article, or means of conveyance is

moved from the port of entry.

(2) Submission

The notification shall be provided to the Secretary, or, at the

Secretary's direction, to the proper official of the State to

which the plant, plant product, biological control organism,

plant pest, noxious weed, article, or means of conveyance is

destined, or both, as the Secretary may prescribe.

(3) Elements of notification

The notification shall consist of the following:

(A) The name and address of the consignee.

(B) The nature and quantity of the plant, plant product,

biological control organism, plant pest, noxious weed, article,

or means of conveyance proposed to be moved.

(C) The country and locality where the plant, plant product,

biological control organism, plant pest, noxious weed, article,

or means of conveyance was grown, produced, or located.

(c) Prohibition on movement of items without authorization

No person shall move from a port of entry or interstate any

imported plant, plant product, biological control organism, plant

pest, noxious weed, article, or means of conveyance unless the

imported plant, plant product, biological control organism, plant

pest, noxious weed, article, or means of conveyance -

(1) is inspected and authorized for entry into or transit

movement through the United States; or

(2) is otherwise released by the Secretary.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 413, June 20, 2000, 114 Stat.

443.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7714 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7714. General remedial measures for new plant pests and

noxious weeds

-STATUTE-

(a) Authority to hold, treat, or destroy items

If the Secretary considers it necessary in order to prevent the

dissemination of a plant pest or noxious weed that is new to or not

known to be widely prevalent or distributed within and throughout

the United States, the Secretary may hold, seize, quarantine,

treat, apply other remedial measures to, destroy, or otherwise

dispose of any plant, plant pest, noxious weed, biological control

organism, plant product, article, or means of conveyance that -

(1) is moving into or through the United States or interstate,

or has moved into or through the United States or interstate, and

-

(A) the Secretary has reason to believe is a plant pest or

noxious weed or is infested with a plant pest or noxious weed

at the time of the movement; or

(B) is or has been otherwise in violation of this chapter;

(2) has not been maintained in compliance with a post-entry

quarantine requirement; or

(3) is the progeny of any plant, biological control organism,

plant product, plant pest, or noxious weed that is moving into or

through the United States or interstate, or has moved into the

United States or interstate, in violation of this chapter.

(b) Authority to order an owner to treat or destroy

(1) In general

The Secretary may order the owner of any plant, biological

control organism, plant product, plant pest, noxious weed,

article, or means of conveyance subject to action under

subsection (a) of this section to treat, apply other remedial

measures to, destroy, or otherwise dispose of the plant,

biological control organism, plant product, plant pest, noxious

weed, article, or means of conveyance, without cost to the

Federal Government and in the manner the Secretary considers

appropriate.

(2) Failure to comply

If the owner fails to comply with the Secretary's order under

this subsection, the Secretary may take an action authorized by

subsection (a) of this section and recover from the owner the

costs of any care, handling, application of remedial measures, or

disposal incurred by the Secretary in connection with actions

taken under subsection (a) of this section.

(c) Classification system

(1) Development required

To facilitate control of noxious weeds, the Secretary may

develop a classification system to describe the status and action

levels for noxious weeds. The classification system may include

the current geographic distribution, relative threat, and actions

initiated to prevent introduction or distribution.

(2) Management plans

In conjunction with the classification system, the Secretary

may develop integrated management plans for noxious weeds for the

geographic region or ecological range where the noxious weed is

found in the United States.

(d) Application of least drastic action

No plant, biological control organism, plant product, plant pest,

noxious weed, article, or means of conveyance shall be destroyed,

exported, or returned to the shipping point of origin, or ordered

to be destroyed, exported, or returned to the shipping point of

origin under this section unless, in the opinion of the Secretary,

there is no less drastic action that is feasible and that would be

adequate to prevent the dissemination of any plant pest or noxious

weed new to or not known to be widely prevalent or distributed

within and throughout the United States.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 414, June 20, 2000, 114 Stat. 444;

Pub. L. 107-171, title X, Sec. 10418(b)(1), May 13, 2002, 116 Stat.

508.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-171, Sec. 10418(b)(1)(A),

struck out '', or the owner's agent,'' after ''subsection (a) of

this section''.

Subsec. (b)(2). Pub. L. 107-171, Sec. 10418(b)(1)(B), struck out

''or agent of the owner'' after ''the owner'' in two places.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7716 of this title.

-CITE-

7 USC Sec. 7715 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7715. Declaration of extraordinary emergency and resulting

authorities

-STATUTE-

(a) Authority to declare

If the Secretary determines that an extraordinary emergency

exists because of the presence of a plant pest or noxious weed that

is new to or not known to be widely prevalent in or distributed

within and throughout the United States and that the presence of

the plant pest or noxious weed threatens plants or plant products

of the United States, the Secretary may -

(1) hold, seize, quarantine, treat, apply other remedial

measures to, destroy, or otherwise dispose of, any plant,

biological control organism, plant product, article, or means of

conveyance that the Secretary has reason to believe is infested

with the plant pest or noxious weed;

(2) quarantine, treat, or apply other remedial measures to any

premises, including any plants, biological control organisms,

plant products, articles, or means of conveyance on the premises,

that the Secretary has reason to believe is infested with the

plant pest or noxious weed;

(3) quarantine any State or portion of a State in which the

Secretary finds the plant pest or noxious weed or any plant,

biological control organism, plant product, article, or means of

conveyance that the Secretary has reason to believe is infested

with the plant pest or noxious weed; and

(4) prohibit or restrict the movement within a State of any

plant, biological control organism, plant product, article, or

means of conveyance when the Secretary determines that the

prohibition or restriction is necessary to prevent the

dissemination of the plant pest or noxious weed or to eradicate

the plant pest or noxious weed.

(b) Required finding of emergency

The Secretary may take action under this section only upon

finding, after review and consultation with the Governor or other

appropriate official of the State affected, that the measures being

taken by the State are inadequate to eradicate the plant pest or

noxious weed.

(c) Notification procedures

(1) In general

Except as provided in paragraph (2), before any action is taken

in any State under this section, the Secretary shall notify the

Governor or other appropriate official of the State affected,

issue a public announcement, and file for publication in the

Federal Register a statement of -

(A) the Secretary's findings;

(B) the action the Secretary intends to take;

(C) the reasons for the intended action; and

(D) where practicable, an estimate of the anticipated

duration of the extraordinary emergency.

(2) Time sensitive actions

If it is not possible to file for publication in the Federal

Register prior to taking action, the filing shall be made within

a reasonable time, not to exceed 10 business days, after

commencement of the action.

(d) Application of least drastic action

No plant, biological control organism, plant product, plant pest,

noxious weed, article, or means of conveyance shall be destroyed,

exported, or returned to the shipping point of origin, or ordered

to be destroyed, exported, or returned to the shipping point of

origin under this section unless, in the opinion of the Secretary,

there is no less drastic action that is feasible and that would be

adequate to prevent the dissemination of any plant pest or noxious

weed new to or not known to be widely prevalent or distributed

within and throughout the United States.

(e) Payment of compensation

The Secretary may pay compensation to any person for economic

losses incurred by the person as a result of action taken by the

Secretary under this section. The determination by the Secretary

of the amount of any compensation to be paid under this subsection

shall be final and shall not be subject to judicial review or a

review of longer than 60 days by any officer or employee of the

Federal Government other than the Secretary or the designee of the

Secretary.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 415, June 20, 2000, 114 Stat. 445;

Pub. L. 107-171, title VII, Sec. 7504(a), May 13, 2002, 116 Stat.

465.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-171 inserted before period at end

''or a review of longer than 60 days by any officer or employee of

the Federal Government other than the Secretary or the designee of

the Secretary''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7716, 7731 of this title.

-CITE-

7 USC Sec. 7716 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7716. Recovery of compensation for unauthorized activities

-STATUTE-

(a) Recovery action

The owner of any plant, plant biological control organism, plant

product, plant pest, noxious weed, article, or means of conveyance

destroyed or otherwise disposed of by the Secretary under section

7714 or 7715 of this title may bring an action against the United

States to recover just compensation for the destruction or disposal

of the plant, plant biological control organism, plant product,

plant pest, noxious weed, article, or means of conveyance (not

including compensation for loss due to delays incident to

determining eligibility for importation, entry, exportation,

movement in interstate commerce, or release into the environment),

but only if the owner establishes that the destruction or disposal

was not authorized under this chapter.

(b) Time for action; location

An action under this section shall be brought not later than 1

year after the destruction or disposal of the plant, plant

biological control organism, plant product, plant pest, noxious

weed, article, or means of conveyance involved. The action may be

brought in any United States district court where the owner is

found, resides, transacts business, is licensed to do business, or

is incorporated.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 416, June 20, 2000, 114 Stat.

447.)

-CITE-

7 USC Sec. 7717 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7717. Control of grasshoppers and Mormon crickets

-STATUTE-

(a) In general

Subject to the availability of funds pursuant to this section,

the Secretary shall carry out a program to control grasshoppers and

Mormon crickets on all Federal lands to protect rangeland.

(b) Transfer authority

(1) In general

Subject to paragraph (3), upon the request of the Secretary of

Agriculture, the Secretary of the Interior shall transfer to the

Secretary of Agriculture, from any no-year appropriations, funds

for the prevention, suppression, and control of actual or

potential grasshopper and Mormon cricket outbreaks on Federal

lands under the jurisdiction of the Secretary of the Interior.

The transferred funds shall be available only for the payment of

obligations incurred on such Federal lands.

(2) Transfer requests

Requests for the transfer of funds pursuant to this subsection

shall be made as promptly as possible by the Secretary.

(3) Limitation

Funds transferred pursuant to this subsection may not be used

by the Secretary until funds specifically appropriated to the

Secretary for grasshopper control have been exhausted.

(4) Replenishment of transferred funds

Funds transferred pursuant to this subsection shall be

replenished by supplemental or regular appropriations, which

shall be requested as promptly as possible.

(c) Treatment for grasshoppers and Mormon crickets

(1) In general

Subject to the availability of funds pursuant to this section,

on request of the administering agency or the agriculture

department of an affected State, the Secretary, to protect

rangeland, shall immediately treat Federal, State, or private

lands that are infested with grasshoppers or Mormon crickets at

levels of economic infestation, unless the Secretary determines

that delaying treatment will not cause greater economic damage to

adjacent owners of rangeland.

(2) Other programs

In carrying out this section, the Secretary shall work in

conjunction with other Federal, State, and private prevention,

control, or suppression efforts to protect rangeland.

(d) Federal cost share of treatment

(1) Control on Federal lands

Out of funds made available or transferred under this section,

the Secretary shall pay 100 percent of the cost of grasshopper or

Mormon cricket control on Federal lands to protect rangeland.

(2) Control on State lands

Out of funds made available under this section, the Secretary

shall pay 50 percent of the cost of grasshopper or Mormon cricket

control on State lands.

(3) Control on private lands

Out of funds made available under this section, the Secretary

shall pay 33.3 percent of the cost of grasshopper or Mormon

cricket control on private lands.

(e) Training

From appropriated funds made available or transferred by the

Secretary of the Interior to the Secretary of Agriculture for such

purposes, the Secretary of Agriculture shall provide adequate

funding for a program to train personnel to accomplish effectively

the objective of this section.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 417, June 20, 2000, 114 Stat.

447.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7718 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7718. Certification for exports

-STATUTE-

The Secretary may certify as to the freedom of plants, plant

products, or biological control organisms from plant pests or

noxious weeds, or the exposure of plants, plant products, or

biological control organisms to plant pests or noxious weeds,

according to the phytosanitary or other requirements of the

countries to which the plants, plant products, or biological

control organisms may be exported.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 418, June 20, 2000, 114 Stat.

448.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7719 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER I - PLANT PROTECTION

-HEAD-

Sec. 7719. Methyl bromide

-STATUTE-

(a) In general

The Secretary, upon request of State, local, or tribal

authorities, shall determine whether methyl bromide treatments or

applications required by State, local, or tribal authorities to

prevent the introduction, establishment, or spread of plant pests

(including diseases) or noxious weeds should be authorized as an

official control or official requirement. The Secretary shall not

authorize such treatments or applications unless the Secretary

finds there is no other registered, effective, and economically

feasible alternative available.

(b) Methyl bromide alternative

The Secretary, in consultation with State, local and tribal

authorities, shall establish a program to identify alternatives to

methyl bromide for treatment and control of plant pests and weeds.

For uses where no registered, effective, economically feasible

alternatives available can currently be identified, the Secretary

shall initiate research programs to develop alternative methods of

control and treatment.

(c) Registry

Not later than 180 days after May 13, 2002, the Secretary shall

publish, and thereafter maintain, a registry of State, local, and

tribal requirements authorized by the Secretary under this section.

(d) Administration

(1) Timeline for determination

Upon the promulgation of regulations to carry out this section,

the Secretary shall make the determination required by subsection

(a) of this section not later than 90 days after receiving the

request for such a determination.

(2) Construction

Nothing in this section shall be construed to alter or modify

the authority of the Administrator of the Environmental

Protection Agency or to provide any authority to the Secretary of

Agriculture under the Clean Air Act (42 U.S.C. 7401 et seq.) or

regulations promulgated under the Clean Air Act.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 419, as added Pub. L. 107-171,

title VII, Sec. 7504(c), May 13, 2002, 116 Stat. 466.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (d)(2), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-CITE-

7 USC SUBCHAPTER II - INSPECTION AND ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

.

-HEAD-

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

-CITE-

7 USC Sec. 7731 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

-HEAD-

Sec. 7731. Inspections, seizures, and warrants

-STATUTE-

(a) Role of Attorney General

The activities authorized by this section shall be carried out

consistent with guidelines approved by the Attorney General.

(b) Warrantless inspections

The Secretary may stop and inspect, without a warrant, any person

or means of conveyance moving -

(1) into the United States to determine whether the person or

means of conveyance is carrying any plant, plant product,

biological control organism, plant pest, noxious weed, or article

subject to this chapter;

(2) in interstate commerce, upon probable cause to believe that

the person or means of conveyance is carrying any plant, plant

product, biological control organism, plant pest, noxious weed,

or article subject to this chapter; and

(3) in intrastate commerce from or within any State, portion of

a State, or premises quarantined as part of a extraordinary

emergency declared under section 7715 of this title upon probable

cause to believe that the person or means of conveyance is

carrying any plant, plant product, biological control organism,

plant pest, noxious weed, or article regulated under that section

or is moving subject to that section.

(c) Inspections with a warrant

(1) General authority

The Secretary may enter, with a warrant, any premises in the

United States for the purpose of conducting investigations or

making inspections and seizures under this chapter.

(2) Application and issuance of a warrant

Upon proper oath or affirmation showing probable cause to

believe that there is on certain premises any plant, plant

product, biological control organism, plant pest, noxious weed,

article, facility, or means of conveyance regulated under this

chapter, a United States judge, a judge of a court of record in

the United States, or a United States magistrate judge may,

within the judge's or magistrate's (FOOTNOTE 1) jurisdiction,

issue a warrant for the entry upon the premises to conduct any

investigation or make any inspection or seizure under this

chapter. The warrant may be applied for and executed by the

Secretary or any United States Marshal.

(FOOTNOTE 1) So in original. Probably should be ''magistrate

judges's''.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 421, June 20, 2000, 114 Stat.

448.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b)(1), (2) and (c), was in

the original ''this title'', meaning title IV of Pub. L. 106-224,

June 20, 2000, 114 Stat. 438, which is classified principally to

this chapter. For complete classification of title IV to the Code,

see Short Title note set out under section 7701 of this title and

Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7732 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

-HEAD-

Sec. 7732. Collection of information

-STATUTE-

The Secretary may gather and compile information and conduct any

investigations the Secretary considers necessary for the

administration and enforcement of this chapter.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 422, June 20, 2000, 114 Stat.

449.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7733 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

-HEAD-

Sec. 7733. Subpoena authority

-STATUTE-

(a) Authority to issue

The Secretary shall have power to subpoena the attendance and

testimony of any witness, and the production of all documentary

evidence relating to the administration or enforcement of this

chapter or any matter under investigation in connection with this

chapter.

(b) Location of production

The attendance of any witness and production of documentary

evidence relevant to the inquiry may be required from any place in

the United States.

(c) Enforcement of Subpoena

In the case of disobedience to a subpoena by any person, the

Secretary may request the Attorney General to invoke the aid of any

court of the United States within the jurisdiction in which the

investigation is conducted, or where the person resides, is found,

transacts business, is licensed to do business, or is incorporated,

in requiring the attendance and testimony of any witness and the

production of documentary evidence. In case of a refusal to obey a

subpoena issued to any person, a court may order the person to

appear before the Secretary and give evidence concerning the matter

in question or to produce documentary evidence. Any failure to

obey the court's order may be punished by the court as a contempt

of the court.

(d) Compensation

Witnesses summoned by the Secretary shall be paid the same fees

and mileage that are paid to witnesses in courts of the United

States, and witnesses whose depositions are taken and the persons

taking the depositions shall be entitled to the same fees that are

paid for similar services in the courts of the United States.

(e) Procedures

The Secretary shall publish procedures for the issuance of

subpoenas under this section. Such procedures shall include a

requirement that subpoenas be reviewed for legal sufficiency and

signed by the Secretary. If the authority to sign a subpoena is

delegated to an agency other than the Office of Administrative Law

Judges, the agency receiving the delegation shall seek review for

legal sufficiency outside that agency.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 423, June 20, 2000, 114 Stat. 449;

Pub. L. 107-171, title X, Sec. 10418(b)(2), May 13, 2002, 116 Stat.

508.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-171, Sec. 10418(b)(2)(A), added

subsec. (b) and struck out heading and text of former subsec. (b).

Text read as follows: ''The attendance of any witness and

production of documentary evidence may be required from any place

in the United States at any designated place of hearing.''

Subsec. (e). Pub. L. 107-171, Sec. 10418(b)(2)(B), inserted ''to

an agency other than the Office of Administrative Law Judges''

after ''subpoena is delegated''.

Subsec. (f). Pub. L. 107-171, Sec. 10418(b)(2)(C), struck out

heading and text of subsec. (f). Text read as follows: ''Subpoenas

for witnesses to attend court in any judicial district or to

testify or produce evidence at an administrative hearing in any

judicial district in any action or proceeding arising under this

chapter may run to any other judicial district.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8401 of this title.

-CITE-

7 USC Sec. 7734 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

-HEAD-

Sec. 7734. Penalties for violation

-STATUTE-

(a) Criminal penalties

(1) Offenses

(A) In general

A person that knowingly violates this chapter, or knowingly

forges, counterfeits, or, without authority from the Secretary,

uses, alters, defaces, or destroys any certificate, permit, or

other document provided for in this chapter shall be fined

under title 18, imprisoned not more than 1 year, or both.

(B) Movement

A person that knowingly imports, enters, exports, or moves

any plant, plant product, biological control organism, plant

pest, noxious weed, or article, for distribution or sale, in

violation of this chapter, shall be fined under title 18,

imprisoned not more than 5 years, or both.

(2) Multiple violations

On the second and any subsequent conviction of a person of a

violation of this chapter under paragraph (1), the person shall

be fined under title 18, imprisoned not more than 10 years, or

both.

(b) Civil penalties

(1) In general

Any person that violates this chapter, or that forges,

counterfeits, or, without authority from the Secretary, uses,

alters, defaces, or destroys any certificate, permit, or other

document provided for in this chapter may, after notice and

opportunity for a hearing on the record, be assessed a civil

penalty by the Secretary that does not exceed the greater of -

(A) $50,000 in the case of any individual (except that the

civil penalty may not exceed $1,000 in the case of an initial

violation of this chapter by an individual moving regulated

articles not for monetary gain), $250,000 in the case of any

other person for each violation, and $500,000 for all

violations adjudicated in a single proceeding; or

(B) twice the gross gain or gross loss for any violation,

forgery, counterfeiting, unauthorized use, defacing, or

destruction of a certificate, permit, or other document

provided for in this chapter that results in the person

deriving pecuniary gain or causing pecuniary loss to another.

(2) Factors in determining civil penalty

In determining the amount of a civil penalty, the Secretary

shall take into account the nature, circumstance, extent, and

gravity of the violation or violations and the Secretary may

consider, with respect to the violator -

(A) ability to pay;

(B) effect on ability to continue to do business;

(C) any history of prior violations;

(D) the degree of culpability; and

(E) any other factors the Secretary considers appropriate.

(3) Settlement of civil penalties

The Secretary may compromise, modify, or remit, with or without

conditions, any civil penalty that may be assessed under this

subsection.

(4) Finality of orders

The order of the Secretary assessing a civil penalty shall be

treated as a final order reviewable under chapter 158 of title

28. The validity of the Secretary's order may not be reviewed in

an action to collect the civil penalty. Any civil penalty not

paid in full when due under an order assessing the civil penalty

shall thereafter accrue interest until paid at the rate of

interest applicable to civil judgments of the courts of the

United States.

(c) Liability for acts of an agent

When construing and enforcing this chapter, the act, omission, or

failure of any officer, agent, or person acting for or employed by

any other person within the scope of his or her employment or

office, shall be deemed also to be the act, omission, or failure of

the other person.

(d) Guidelines for civil penalties

The Secretary shall coordinate with the Attorney General to

establish guidelines to determine under what circumstances the

Secretary may issue a civil penalty or suitable notice of warning

in lieu of prosecution by the Attorney General of a violation of

this chapter.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 424, June 20, 2000, 114 Stat. 450;

Pub. L. 107-171, title X, Sec. 10810, May 13, 2002, 116 Stat. 531.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171 added subsec. (a) and struck

out heading and text of former subsec. (a). Text read as follows:

''Any person that knowingly violates this chapter, or that

knowingly forges, counterfeits, or, without authority from the

Secretary, uses, alters, defaces, or destroys any certificate,

permit, or other document provided for in this chapter shall be

guilty of a misdemeanor, and, upon conviction, shall be fined in

accordance with title 18, imprisoned for a period not exceeding 1

year, or both.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7736 of this title.

-CITE-

7 USC Sec. 7735 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

-HEAD-

Sec. 7735. Enforcement actions of Attorney General

-STATUTE-

The Attorney General may -

(1) prosecute, in the name of the United States, all criminal

violations of this chapter that are referred to the Attorney

General by the Secretary or are brought to the notice of the

Attorney General by any person;

(2) bring an action to enjoin the violation of or to compel

compliance with this chapter, or to enjoin any interference by

any person with the Secretary in carrying out this chapter,

whenever the Secretary has reason to believe that the person has

violated, or is about to violate this chapter, or has interfered,

or is about to interfere, with the Secretary; and

(3) bring an action for the recovery of any unpaid civil

penalty, funds under reimbursable agreements, late payment

penalty, or interest assessed under this chapter.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 425, June 20, 2000, 114 Stat.

451.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8401 of this title.

-CITE-

7 USC Sec. 7736 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER II - INSPECTION AND ENFORCEMENT

-HEAD-

Sec. 7736. Court jurisdiction

-STATUTE-

(a) In general

The United States district courts, the District Court of Guam,

the District Court of the Virgin Islands, the highest court of

American Samoa, and the United States courts of other territories

and possessions are vested with jurisdiction in all cases arising

under this chapter. Any action arising under this chapter may be

brought, and process may be served, in the judicial district where

a violation or interference occurred or is about to occur, or where

the person charged with the violation, interference, impending

violation, impending interference, or failure to pay resides, is

found, transacts business, is licensed to do business, or is

incorporated.

(b) Exception

This section does not apply to the imposition of civil penalties

under section 7734(b) of this title.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 426, June 20, 2000, 114 Stat.

451.)

-CITE-

7 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-CITE-

7 USC Sec. 7751 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7751. Cooperation

-STATUTE-

(a) In general

The Secretary may cooperate with other Federal agencies or

entities, States or political subdivisions of States, national

governments, local governments of other nations, domestic or

international organizations, domestic or international

associations, and other persons to carry out this chapter.

(b) Responsibility

The individual or entity cooperating with the Secretary under

subsection (a) of this section shall be responsible for -

(1) the authority necessary to conduct the operations or take

measures on all land and properties within the foreign country or

State, other than those owned or controlled by the United States;

and

(2) other facilities and means as the Secretary determines

necessary.

(c) Transfer of biological control methods

The Secretary may transfer to a State, Federal agency, or other

person biological control methods using biological control

organisms against plant pests or noxious weeds.

(d) Cooperation in program administration

The Secretary may cooperate with State authorities or other

persons in the administration of programs for the improvement of

plants, plant products, and biological control organisms.

(e) Phytosanitary issues

The Secretary shall ensure that phytosanitary issues involving

imports and exports are addressed based on sound science and

consistent with applicable international agreements. To accomplish

these goals, the Secretary may -

(1) conduct direct negotiations with plant health officials or

other appropriate officials of other countries;

(2) provide technical assistance, training, and guidance to any

country requesting such assistance in the development of

agricultural health protection systems and import/export systems;

and

(3) maintain plant health and quarantine expertise in other

countries -

(A) to facilitate the establishment of phytosanitary systems

and the resolution of phytosanitary issues;

(B) to assist those countries with agricultural health

protection activities; and

(C) to provide general liaison on agricultural health issues

with the plant health or other appropriate officials of the

country.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 431, June 20, 2000, 114 Stat.

451.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this title'', meaning title IV of Pub. L. 106-224, June 20, 2000,

114 Stat. 438, which is classified principally to this chapter.

For complete classification of title IV to the Code, see Short

Title note set out under section 7701 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7752 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7752. Buildings, land, people, claims, and agreements

-STATUTE-

(a) In general

To the extent necessary to carry out this chapter, the Secretary

may acquire and maintain all real or personal property for special

purposes and employ any persons, make grants, and enter into any

contracts, cooperative agreements, memoranda of understanding, or

other agreements.

(b) Tort claims

(1) In general

Except as provided in paragraph (2), the Secretary may pay tort

claims in the manner authorized in the first paragraph of section

2672 of title 28, when the claims arise outside the United States

in connection with activities that are authorized under this

chapter.

(2) Requirements of claim

A claim may not be allowed under this subsection unless the

claim is presented in writing to the Secretary within 2 years

after the date on which the claim accrues.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 432, June 20, 2000, 114 Stat.

452.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7753 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7753. Reimbursable agreements

-STATUTE-

(a) Authority to enter into agreements

The Secretary may enter into reimbursable fee agreements with

persons for preclearance of plants, plant products, biological

control organisms, and articles at locations outside the United

States for movement into the United States.

(b) Funds collected for preclearance

Funds collected for preclearance shall be credited to accounts

which may be established by the Secretary for this purpose and

shall remain available until expended for the preclearance

activities without fiscal year limitation.

(c) Payment of employees

(1) In general

Notwithstanding any other law, the Secretary may pay employees

of the Department of Agriculture performing services relating to

imports into and exports from the United States, for all

overtime, night, or holiday work performed by them, at rates of

pay established by the Secretary.

(2) Reimbursement of the Secretary

(A) In general

The Secretary may require persons for whom the services are

performed to reimburse the Secretary for any sums of money paid

by the Secretary for the services.

(B) Use of funds

All funds collected under this paragraph shall be credited to

the account that incurs the costs and shall remain available

until expended without fiscal year limitation.

(d) Late payment penalties

(1) Collection

Upon failure to reimburse the Secretary in accordance with this

section, the Secretary may assess a late payment penalty, and the

overdue funds shall accrue interest, as required by section 3717

of title 31.

(2) Use of funds

Any late payment penalty and any accrued interest shall be

credited to the account that incurs the costs and shall remain

available until expended without fiscal year limitation.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 433, June 20, 2000, 114 Stat.

452.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7754 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7754. Regulations and orders

-STATUTE-

The Secretary may issue such regulations and orders as the

Secretary considers necessary to carry out this chapter.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 434, June 20, 2000, 114 Stat.

453.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7758 of this title.

-CITE-

7 USC Sec. 7755 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7755. Protection for mail handlers

-STATUTE-

This chapter shall not apply to any employee of the United States

in the performance of the duties of the employee in handling the

mail.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 435, June 20, 2000, 114 Stat.

453.)

-CITE-

7 USC Sec. 7756 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7756. Preemption

-STATUTE-

(a) Regulation of foreign commerce

No State or political subdivision of a State may regulate in

foreign commerce any article, means of conveyance, plant,

biological control organism, plant pest, noxious weed, or plant

product in order -

(1) to control a plant pest or noxious weed;

(2) to eradicate a plant pest or noxious weed; or

(3) prevent the introduction or dissemination of a biological

control organism, plant pest, or noxious weed.

(b) Regulation of interstate commerce

(1) In general

Except as provided in paragraph (2), no State or political

subdivision of a State may regulate the movement in interstate

commerce of any article, means of conveyance, plant, biological

control organism, plant pest, noxious weed, or plant product in

order to control a plant pest or noxious weed, eradicate a plant

pest or noxious weed, or prevent the introduction or

dissemination of a biological control organism, plant pest, or

noxious weed, if the Secretary has issued a regulation or order

to prevent the dissemination of the biological control organism,

plant pest, or noxious weed within the United States.

(2) Exceptions

(A) Regulations consistent with Federal regulations

A State or a political subdivision of a State may impose

prohibitions or restrictions upon the movement in interstate

commerce of articles, means of conveyance, plants, biological

control organisms, plant pests, noxious weeds, or plant

products that are consistent with and do not exceed the

regulations or orders issued by the Secretary.

(B) Special need

A State or political subdivision of a State may impose

prohibitions or restrictions upon the movement in interstate

commerce of articles, means of conveyance, plants, plant

products, biological control organisms, plant pests, or noxious

weeds that are in addition to the prohibitions or restrictions

imposed by the Secretary, if the State or political subdivision

of a State demonstrates to the Secretary and the Secretary

finds that there is a special need for additional prohibitions

or restrictions based on sound scientific data or a thorough

risk assessment.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 436, June 20, 2000, 114 Stat.

453.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7757 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7757. Severability

-STATUTE-

If any provision of this chapter or application of any provision

of this chapter to any person or circumstances is held invalid, the

remainder of this chapter and the application of the provision to

other persons and circumstances shall not be affected by the

invalidity.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 437, June 20, 2000, 114 Stat.

454.)

-CITE-

7 USC Sec. 7758 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7758. Repeal of superseded laws

-STATUTE-

(a), (b) Omitted

(c) Effect on regulations

Regulations issued under the authority of a provision of law

repealed by subsection (a) of this section (FOOTNOTE 1) shall

remain in effect until such time as the Secretary issues a

regulation under section 7754 of this title that supersedes the

earlier regulation.

(FOOTNOTE 1) See Codification note below.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 438, June 20, 2000, 114 Stat.

454.)

-COD-

CODIFICATION

Section is comprised of section 438 of Pub. L. 106-224. Subsec.

(a) of section 438 of Pub. L. 106-224 amended section 7759 of this

title and repealed sections 148, 148a, 148c to 148f, 149, 150, 150a

to 150g, 150aa to 150jj, 151 to 154, 156 to 164, 164a, 167, 1651 to

1656, and 2801 to 2813 of this title, and provisions set out as

notes under sections 147a, 150, 150aa, 151, and 1651 of this

title. Subsec. (b) of section 438 amended section 129a of Title

21, Food and Drugs.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7759 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7759. Fees for inspection of plants for exporting or

transiting

-STATUTE-

(a) to (e) Repealed. Pub. L. 106-224, title IV, Sec. 438(a)(3),

June 20, 2000, 114 Stat. 454

(f) Authorization of appropriations; fees, late payment penalties,

and accrued interest

(1) Notwithstanding paragraph (2), there are authorized to be

appropriated such sums as may be necessary to carry out the

provisions of this section. Unless otherwise specifically

authorized or provided for in appropriations Acts, no part of such

sums shall be used to pay the cost or value of property injured or

destroyed.

(2) The Secretary of Agriculture is authorized to prescribe and

collect fees to recover the costs of providing for the inspection

of plants and plant products offered for export or transiting the

United States and certifying to shippers and interested parties as

to the freedom of such plants and plant products from plant pests

according to the phytosanitary requirements of the foreign

countries to which such plants and plant products may be exported,

or to the freedom from exposure to plant pests while in transit

through the United States. Any person for whom such an activity is

performed shall be liable for payment of fees assessed. Upon

failure to pay such fees when due, the Secretary of Agriculture

shall assess a late payment penalty, and such overdue fees shall

accrue interest, as required by section 3717 of title 31. All fees,

late payment penalties, and accrued interest collected shall be

credited to such accounts that incur the costs and shall remain

available until expended without fiscal year limitation. The

Secretary of Agriculture shall have a lien for the fees, any late

payment penalty, and any accrued interest assessed against the

plant or plant product for which services have been provided. In

the case of any person who fails to make payment when due, the

Secretary of Agriculture shall also have a lien against any plant

or plant product thereafter attempted to be exported by such

person. The Secretary of Agriculture may, in case of nonpayment of

the fees, late payment penalty, or accrued interest, after giving

reasonable notice of default to the person liable for payment of

such assessments, sell at public sale after reasonable public

notice, or otherwise dispose of, any such plant or plant product

upon which the Secretary of Agriculture has a lien pursuant to this

section. If the sale proceeds exceed the fees due, any late

payment penalty assessed, any accrued interest and the expenses of

the sale, the excess shall be paid, in accordance with regulations

of the Secretary of Agriculture, to the owner of the plant or plant

product sold upon the owner making application therefore with proof

of ownership, within six months after such sale, and otherwise the

excess shall be credited to accounts that incur the costs and shall

remain available until expended. The Secretary of Agriculture

shall, pursuant to regulations as prescribed by the Secretary of

Agriculture, suspend performance of services to persons who have

failed to pay such fees, late payment penalty and accrued interest.

-SOURCE-

(Sept. 21, 1944, ch. 412, title I, Sec. 102, 58 Stat. 735; June 17,

1949, ch. 220, 63 Stat. 200; Pub. L. 85-36, title II, Sec. 201, May

23, 1957, 71 Stat. 35; Pub. L. 94-231, Sec. 1, Mar. 15, 1976, 90

Stat. 215; Pub. L. 101-624, title XXV, Sec. 2504, 2509(b), Nov. 28,

1990, 104 Stat. 4068, 4070; Pub. L. 106-224, title IV, Sec.

438(a)(3), June 20, 2000, 114 Stat. 454.)

-COD-

CODIFICATION

Section was formerly classified to section 147a of this title.

Section was not enacted as part of the Plant Protection Act which

comprises this chapter.

-MISC3-

AMENDMENTS

2000 - Subsecs. (a) to (e). Pub. L. 106-224 struck out subsecs.

(a) to (e), which authorized measures for control and eradication

of plant pests, set forth provisions relating to intergovernmental

cooperation and responsibility of cooperating foreign agencies,

defined terms as used in this section, and authorized rules and

regulations to provide for inspection and certification of plants

and plant products offered for export or transiting the United

States.

1990 - Subsec. (b). Pub. L. 101-624, Sec. 2504, substituted

''foreign countries'' for ''all countries of the Western

Hemisphere'' and inserted ''foreign or'' before ''international''.

Subsec. (f). Pub. L. 101-624, Sec. 2509(b), amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows:

''There are hereby authorized to be appropriated such sums as the

Congress may annually determine to be necessary to enable the

Secretary of Agriculture to carry out the provisions of this

section. Unless otherwise specifically authorized, or provided for

in appropriations, no part of such sums shall be used to pay the

cost or value of property injured or destroyed.''

1976 - Subsecs. (a) to (d). Pub. L. 94-231 redesignated existing

provisions of subsec. (a) as subsecs. (a) to (d) and broadened

Secretary's authority to control and eradicate plant pests and

animal diseases, extended Secretary's authority to cooperate with

foreign governments, and inserted definitions for ''plant pest''

and ''living stage''. Former subsecs. (b) and (c) redesignated (e)

and (f), respectively.

Subsec. (e). Pub. L. 94-231 redesignated subsec. (b) as (e) and

made discretionary the Secretary's authority to provide

phytosanitary inspection and certification service for domestic

plants and plant products offered for export or transit in the

United States.

Subsec. (f). Pub. L. 94-231 redesignated subsec. (c) as (f) and

substituted provisions authorizing appropriations on a

Congressional finding of necessity made ''annually'' for provisions

authorizing appropriations on a Congressional finding of necessity

made ''from time to time''.

1957 - Subsec. (a). Pub. L. 85-36 inserted ''insect pests, plant

diseases, and nematodes, such as imported fire ant, soybean cyst

nematode, witchweed, spotted alfalfa aphid,'' after ''or to prevent

or retard the spread of''.

1949 - Subsec. (a). Act June 17, 1949, authorized the Secretary

to carry out operations to combat the citrus blackfly,

white-fringed beetle, and the Hall scale.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1508 of this title; title

21 section 129.

-CITE-

7 USC Sec. 7760 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7760. State terminal inspection; transmission of mailed

packages for State inspection; nonmailable matter; punishment

for violations; rules and regulations by United States Postal

Service

-STATUTE-

When any State shall provide for terminal inspection of plants

and plant products, and shall establish and maintain, at the sole

expense of the State, such inspection at one or more places

therein, the proper officials of said State may submit to the

Secretary of Agriculture a list of plants and plant products and

the plant pests transmitted thereby, that in the opinion of said

officials should be subject to terminal inspection in order to

prevent the introduction or dissemination in said State of pests

injurious to agriculture. Upon his approval of said list, in whole

or in part, the Secretary of Agriculture shall transmit the same to

the United States Postal Service, and thereafter all packages

containing any plants or plant products named in said approved

lists shall, upon payment of postage therefor, be forwarded by the

postmaster at the destination of said package to the proper State

official at the nearest place where inspection is maintained. If

the plants or plant products (including seed) are found upon

inspection to be free from injurious pests and not in violation of

a plant-quarantine law or plant-quarantine regulation of the United

States Department of Agriculture or of the State of destination

pertaining to such injurious pests, or if infected shall be

disinfected by said official, they shall upon payment of postage

therefor be returned to the postmaster at the place of inspection

to be forward (FOOTNOTE 1) to the person to whom they are

addressed; but if found to be infected with injurious pests and

incapable of satisfactory disinfection or in violation of a

plant-quarantine law or plant-quarantine regulation of the United

States Department of Agriculture or of the State of destination

pertaining to such injurious pests, the State inspector shall so

notify the postmaster at the place of inspection who shall promptly

notify the sender of said plants or plant products that they will

be returned to him upon his request and at his expense, or in

default of such request that they will be turned over to the State

authorities for destruction.

(FOOTNOTE 1) So in original.

It shall be unlawful for any person, firm, or corporation to

deposit in the United States mails any package containing any plant

or plant product addressed to any place within a State maintaining

inspection thereof, as herein defined, without plainly marking the

package so that its contents may be readily ascertained by an

inspection of the outside thereof. Whoever shall fail to so mark

said packages shall be punished by a fine of not more than $100.

The United States Postal Service is authorized and directed to

make all needful rules and regulations for carrying out the

purposes hereof.

-SOURCE-

(Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49

Stat. 1461; Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat.

773.)

-COD-

CODIFICATION

Section was formerly classified to section 166 of this title.

Section was enacted as part of the Agricultural Appropriation

Act, 1916, and not as part of the Plant Protection Act which

comprises this chapter.

-MISC3-

AMENDMENTS

1936 - Act June 4, 1936, amended last sentence of first par. by

changing introductory word ''plant'' to ''plants'', inserting

''(including seed)'', ''and not in violation of a plant-quarantine

law or plant-quarantine regulation of the United States Department

of Agriculture or of the State of destination pertaining to such

injurious pests'', ''or in violation of a plant-quarantine law or

plant-quarantine regulation of the United States Department of

Agriculture or of the State of destination pertaining to such

injurious pests,'' and striking out the comma after ''place of

inspection''.

SHORT TITLE

This section is popularly known as the ''Terminal Inspection

Act.''

-TRANS-

TRANSFER OF FUNCTIONS

In first and third pars., ''United States Postal Service''

substituted for ''Postmaster General'' pursuant to Pub. L. 91-375,

Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under

section 201 of Title 39, Postal Service, which abolished office of

Postmaster General of Post Office Department and transferred its

functions to United States Postal Service.

Functions of all officers, agencies, and employees of Department

of Agriculture transferred, with certain exceptions, to Secretary

of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4,

1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section

2201 of this title.

-CITE-

7 USC SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

.

-HEAD-

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-CITE-

7 USC Sec. 7771 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 7771. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such amounts as may be

necessary to carry out this chapter. Except as specifically

authorized by law, no part of the money appropriated under this

section shall be used to pay indemnities for property injured or

destroyed by or at the direction of the Secretary.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 441, June 20, 2000, 114 Stat.

455.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title IV of Pub. L. 106-224, June 20, 2000, 114

Stat. 438, which is classified principally to this chapter. For

complete classification of title IV to the Code, see Short Title

note set out under section 7701 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

7 USC Sec. 7772 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 104 - PLANT PROTECTION

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 7772. Transfer authority

-STATUTE-

(a) Authority to transfer certain funds

In connection with an emergency in which a plant pest or noxious

weed threatens any segment of the agricultural production of the

United States, the Secretary may transfer from other appropriations

or funds available to the agencies or corporations of the

Department of Agriculture such amounts as the Secretary considers

necessary to be available in the emergency for the arrest, control,

eradication, and prevention of the spread of the plant pest or

noxious weed and for related expenses.

(b) Availability

Any funds transferred under this section shall remain available

for such purposes without fiscal year limitation.

(c) Secretarial discretion

The action of any officer, employee, or agent of the Secretary in

carrying out this Act, (FOOTNOTE 1) including determining the

amount of and making any payment authorized to be made under this

chapter, shall not be subject to a review of longer than 60 days by

any officer or employee of the Federal Government other than the

Secretary or the designee of the Secretary.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 106-224, title IV, Sec. 442, June 20, 2000, 114 Stat. 455;

Pub. L. 107-171, title VII, Sec. 7504(b), May 13, 2002, 116 Stat.

466.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), probably should read ''this

title'' meaning title IV of Pub. L. 106-224, June 20, 2000, 114

Stat. 438, known as the Plant Protection Act, which is classified

principally to this chapter. For complete classification of title

IV to the Code, see Short Title note set out under section 7701 of

this title and Tables.

-COD-

CODIFICATION

Similar provisions relating to authority to transfer funds for

emergency arrest of animal, poultry, or plant diseases or pests are

contained in section 129 of Title 21, Food and Drugs, and similar

provisions relating to authority to transfer funds for emergency

arrest of animal or poultry diseases are contained in section 129a

of Title 21.

-MISC3-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-171 added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this chapter to the Secretary of Homeland Security, and for

treatment of related references, see sections 231, 551(d), 552(d),

and 557 of Title 6, Domestic Security, and the Department of

Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-