US (United States) Code. Title 7. Chapter 109: Animal health protection

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

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-CITE-

7 USC CHAPTER 109 - ANIMAL HEALTH PROTECTION 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

.

-HEAD-

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-MISC1-

Sec.

8301. Findings.

8302. Definitions.

8303. Restriction on importation or entry.

(a) In general.

(b) Regulations.

(c) Destruction or removal.

8304. Exportation.

(a) In general.

(b) Requirements of owners.

(c) Certification.

8305. Interstate movement.

8306. Seizure, quarantine, and disposal.

(a) In general.

(b) Extraordinary emergencies.

(c) Quarantine, disposal, or other remedial action.

(d) Compensation.

8307. Inspections, seizures, and warrants.

(a) Guidelines.

(b) Warrantless inspections.

(c) Inspections with warrants.

8308. Detection, control, and eradication of diseases and pests.

(a) In general.

(b) Compensation.

8309. Veterinary accreditation program.

(a) In general.

(b) Consultation.

(c) Suspension or revocation of accreditation.

(d) Application of penalty provisions.

8310. Cooperation.

(a) In general.

(b) Responsibility.

(c) Screwworms.

(d) Cooperation in program administration.

(e) Consultation and coordination with other Federal

agencies.

8311. Reimbursable agreements.

(a) Authority to enter into agreements.

(b) Funds collected for preclearance.

(c) Payment of employees.

(d) Late payment penalties.

8312. Administration and claims.

(a) Administration.

(b) Tort claims.

8313. Penalties.

(a) Criminal penalties.

(b) Civil penalties.

(c) Liability for acts of agents.

(d) Guidelines for civil penalties.

8314. Enforcement.

(a) Collection of information.

(b) Authority of Attorney General.

(c) Court jurisdiction.

8315. Regulations and orders.

8316. Authorization of appropriations.

(a) In general.

(b) Transfer of funds.

(c) Use of funds.

8317. Effect on regulations.

8318. Veterinary training.

8319. Surveillance of zoonotic diseases.

8320. Expansion of Animal and Plant Health Inspection Service

activities.

(a) In general.

(b) Automated recordkeeping system.

(c) Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1907 of this title; title

6 section 231.

-CITE-

7 USC Sec. 8301 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8301. Findings

-STATUTE-

Congress finds that -

(1) the prevention, detection, control, and eradication of

diseases and pests of animals are essential to protect -

(A) animal health;

(B) the health and welfare of the people of the United

States;

(C) the economic interests of the livestock and related

industries of the United States;

(D) the environment of the United States; and

(E) interstate commerce and foreign commerce of the United

States in animals and other articles;

(2) animal diseases and pests are primarily transmitted by

animals and articles regulated under this chapter;

(3) the health of animals is affected by the methods by which

animals and articles are transported in interstate commerce and

foreign commerce;

(4) the Secretary must continue to conduct research on animal

diseases and pests that constitute a threat to the livestock of

the United States; and

(5)(A) all animals and articles regulated under this chapter

are in or affect interstate commerce or foreign commerce; and

(B) regulation by the Secretary and cooperation by the

Secretary with foreign countries, States or other jurisdictions,

or persons are necessary -

(i) to prevent and eliminate burdens on interstate commerce

and foreign commerce;

(ii) to regulate effectively interstate commerce and foreign

commerce; and

(iii) to protect the agriculture, environment, economy, and

health and welfare of the people of the United States.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10402, May 13, 2002, 116 Stat.

494.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in pars. (2) and (5)(A), was in the

original ''this subtitle'', meaning subtitle E (Sec. 10401-10418)

of title X of Pub. L. 107-171, May 13, 2002, 116 Stat. 494, which

is classified principally to this chapter. For complete

classification of subtitle E to the Code, see Short Title note set

out below and Tables.

-MISC2-

SHORT TITLE

Pub. L. 107-171, title X, Sec. 10401, May 13, 2002, 116 Stat.

494, provided that: ''This subtitle (subtitle E (Sec. 10401-10418)

of title X of Pub. L. 107-171, enacting this chapter, amending

sections 7714 and 7733 of this title, section 1540 of Title 16,

Conservation, and sections 136a and 618 of Title 21, Food and

Drugs, and repealing sections 429, 2260, 2260a of this title,

section 1306 of Title 19, Customs Duties, sections 102 to 105, 111,

112, 113, 114 to 114d-1, 114e to 114h, 115 to 131, 134 to 135b, 612

to 614 of Title 21, sections 3901 and 3902 of Title 46, Shipping,

and provisions set out as a note under section 129a of Title 21)

may be cited as the 'Animal Health 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. 8302 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8302. Definitions

-STATUTE-

In this chapter:

(1) Animal

The term ''animal'' means any member of the animal kingdom

(except a human).

(2) Article

The term ''article'' means any pest or disease or any material

or tangible object that could harbor a pest or disease.

(3) Disease

The term ''disease'' has the meaning given the term by the

Secretary.

(4) Enter

The term ''enter'' means to move into the commerce of the

United States.

(5) Export

The term ''export'' means to move from a place within the

territorial limits of the United States to a place outside the

territorial limits of the United States.

(6) Facility

The term ''facility'' means any structure.

(7) Import

The term ''import'' means to move from a place outside the

territorial limits of the United States to a place within the

territorial limits of the United States.

(8) Indian tribe

The term ''Indian tribe'' has the meaning given the term in

section 450b of title 25.

(9) Interstate commerce

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

commerce -

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

or between places within the same State but through any place

outside that State; or

(B) within the District of Columbia or any territory or

possession of the United States.

(10) Livestock

The term ''livestock'' means all farm-raised animals.

(11) 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.

(12) Move

The term ''move'' means -

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

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

importing, mailing, shipping, or transporting;

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

transport;

(D) to receive in order to carry, enter, import, mail, ship,

or transport;

(E) to release into the environment; or

(F) to allow any of the activities described in this

paragraph.

(13) Pest

The term ''pest'' means any of the following that can directly

or indirectly injure, cause damage to, or cause disease in

livestock:

(A) A protozoan.

(B) A plant.

(C) A bacteria.

(D) A fungus.

(E) A virus or viroid.

(F) An infectious agent or other pathogen.

(G) An arthropod.

(H) A parasite.

(I) A prion.

(J) A vector.

(K) Any organism similar to or allied with any of the

organisms described in this paragraph.

(14) Secretary

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

(15) State

The term ''State'' means any of the States, the District of

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

of the Northern Mariana Islands, the Virgin Islands of the United

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

(16) 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.

(17) United States

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

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10403, May 13, 2002, 116 Stat.

494.)

-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. 8303 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8303. Restriction on importation or entry

-STATUTE-

(a) In general

With notice to the Secretary of the Treasury and public notice as

soon as practicable, the Secretary may prohibit or restrict -

(1) the importation or entry of any animal, article, or means

of conveyance, or use of any means of conveyance or facility, if

the Secretary determines that the prohibition or restriction is

necessary to prevent the introduction into or dissemination

within the United States of any pest or disease of livestock;

(2) the further movement of any animal that has strayed into

the United States if the Secretary determines that the

prohibition or restriction is necessary to prevent the

introduction into or dissemination within the United States of

any pest or disease of livestock; and

(3) the use of any means of conveyance in connection with the

importation or entry of livestock if the Secretary determines

that the prohibition or restriction is necessary because the

means of conveyance has not been maintained in a clean and

sanitary condition or does not have accommodations for the safe

and proper movement of livestock.

(b) Regulations

(1) Restrictions on import and entry

The Secretary may issue such orders and promulgate such

regulations as are necessary to carry out subsection (a) of this

section.

(2) Post importation quarantine

The Secretary may promulgate regulations requiring that any

animal imported or entered be raised or handled under

post-importation quarantine conditions by or under the

supervision of the Secretary for the purpose of determining

whether the animal is or may be affected by any pest or disease

of livestock.

(c) Destruction or removal

(1) In general

The Secretary may order the destruction or removal from the

United States of -

(A) any animal, article, or means of conveyance that has been

imported but has not entered the United States if the Secretary

determines that destruction or removal from the United States

is necessary to prevent the introduction into or dissemination

within the United States of any pest or disease of livestock;

(B) any animal or progeny of any animal, article, or means of

conveyance that has been imported or entered in violation of

this chapter; or

(C) any animal that has strayed into the United States if the

Secretary determines that destruction or removal from the

United States is necessary to prevent the introduction into or

dissemination within the United States of any pest or disease

of livestock.

(2) Requirements of owners

(A) Orders to disinfect

The Secretary may require the disinfection of -

(i) a means of conveyance used in connection with the

importation of an animal;

(ii) an individual involved in the importation of an animal

and personal articles of the individual; and

(iii) any article used in the importation of an animal.

(B) Failure to comply with orders

If an owner fails to comply with an order of the Secretary

under this section, the Secretary may -

(i) take remedial action, destroy, or remove from the

United States the animal or progeny of any animal, article,

or means of conveyance as authorized under paragraph (1); and

(ii) recover from the owner the costs of any care,

handling, disposal, or other action incurred by the Secretary

in connection with the remedial action, destruction, or

removal.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10404, May 13, 2002, 116 Stat.

496.)

-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 8317 of this title.

-CITE-

7 USC Sec. 8304 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8304. Exportation

-STATUTE-

(a) In general

The Secretary may prohibit or restrict -

(1) the exportation of any animal, article, or means of

conveyance if the Secretary determines that the prohibition or

restriction is necessary to prevent the dissemination from or

within the United States of any pest or disease of livestock;

(2) the exportation of any livestock if the Secretary

determines that the livestock is unfit to be moved;

(3) the use of any means of conveyance or facility in

connection with the exportation of any animal or article if the

Secretary determines that the prohibition or restriction is

necessary to prevent the dissemination from or within the United

States of any pest or disease of livestock; or

(4) the use of any means of conveyance in connection with the

exportation of livestock if the Secretary determines that the

prohibition or restriction is necessary because the means of

conveyance has not been maintained in a clean and sanitary

condition or does not have accommodations for the safe and proper

movement and humane treatment of livestock.

(b) Requirements of owners

(1) Orders to disinfect

The Secretary may require the disinfection of -

(A) a means of conveyance used in connection with the

exportation of an animal;

(B) an individual involved in the exportation of an animal

and personal articles of the individual; and

(C) any article used in the exportation of an animal.

(2) Failure to comply with orders

If an owner fails to comply with an order of the Secretary

under this section, the Secretary may -

(A) take remedial action with respect to the animal, article,

or means of conveyance referred to in paragraph (1); and

(B) recover from the owner the costs of any care, handling,

disposal, or other action incurred by the Secretary in

connection with the remedial action.

(c) Certification

The Secretary may certify the classification, quality, quantity,

condition, processing, handling, or storage of any animal or

article intended for export.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10405, May 13, 2002, 116 Stat.

497.)

-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. 8305 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8305. Interstate movement

-STATUTE-

The Secretary may prohibit or restrict -

(1) the movement in interstate commerce of any animal, article,

or means of conveyance if the Secretary determines that the

prohibition or restriction is necessary to prevent the

introduction or dissemination of any pest or disease of

livestock; and

(2) the use of any means of conveyance or facility in

connection with the movement in interstate commerce of any animal

or article if the Secretary determines that the prohibition or

restriction is necessary to prevent the introduction or

dissemination of any pest or disease of livestock.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10406, May 13, 2002, 116 Stat.

498.)

-CITE-

7 USC Sec. 8306 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8306. Seizure, quarantine, and disposal

-STATUTE-

(a) In general

The Secretary may hold, seize, quarantine, treat, destroy,

dispose of, or take other remedial action with respect to -

(1) any animal or progeny of any animal, article, or means of

conveyance that -

(A) is moving or has been moved in interstate commerce or has

been imported and entered; and

(B) the Secretary has reason to believe may carry, may have

carried, or may have been affected with or exposed to any pest

or disease of livestock at the time of movement or that is

otherwise in violation of this chapter;

(2) any animal or progeny of any animal, article, or means of

conveyance that is moving or is being handled, or has moved or

has been handled, in interstate commerce in violation of this

chapter;

(3) any animal or progeny of any animal, article, or means of

conveyance that has been imported, and is moving or is being

handled or has moved or has been handled, in violation of this

chapter; or

(4) any animal or progeny of any animal, article, or means of

conveyance that the Secretary finds is not being maintained, or

has not been maintained, in accordance with any post-importation

quarantine, post-importation condition, post-movement quarantine,

or post-movement condition in accordance with this chapter.

(b) Extraordinary emergencies

(1) In general

Subject to paragraph (2), if the Secretary determines that an

extraordinary emergency exists because of the presence in the

United States of a pest or disease of livestock and that the

presence of the pest or disease threatens the livestock of the

United States, the Secretary may -

(A) hold, seize, treat, apply other remedial actions to,

destroy (including preventative slaughter), or otherwise

dispose of, any animal, article, facility, or means of

conveyance if the Secretary determines the action is necessary

to prevent the dissemination of the pest or disease; and

(B) prohibit or restrict the movement or use within a State,

or any portion of a State of any animal or article, means of

conveyance, or facility if the Secretary determines that the

prohibition or restriction is necessary to prevent the

dissemination of the pest or disease.

(2) State action

(A) In general

The Secretary may take action in a State under this

subsection only on finding that measures being taken by the

State are inadequate to control or eradicate the pest or

disease, after review and consultation with -

''(i) (FOOTNOTE 1) the Governor or an appropriate animal

health official of the State; or

(FOOTNOTE 1) So in original. Opening quotation marks probably

should not appear.

''(ii) (FOOTNOTE 1) in the case of any animal, article,

facility, or means of conveyance under the jurisdiction of an

Indian tribe, the head of the Indian tribe.

(B) Notice

Subject to subparagraph (C), before any action is taken in a

State under subparagraph (A), the Secretary shall -

(i) notify the Governor, an appropriate animal health

official of the State, or head of the Indian tribe of the

proposed action;

(ii) issue a public announcement of the proposed action;

and

(iii) publish in the Federal Register -

(I) the findings of the Secretary;

(II) a description of the proposed action; and

(III) a statement of the reasons for the proposed action.

(C) Notice after action

If it is not practicable to publish in the Federal Register

the information required under subparagraph (B)(iii) before

taking action under subparagraph (A), the Secretary shall

publish the information as soon as practicable, but not later

than 10 business days, after commencement of the action.

(c) Quarantine, disposal, or other remedial action

(1) In general

The Secretary, in writing, may order the owner of any animal,

article, facility, or means of conveyance referred to in

subsection (a) or (b) of this section to maintain in quarantine,

dispose of, or take other remedial action with respect to the

animal, article, facility, or means of conveyance, in a manner

determined by the Secretary.

(2) Failure to comply with orders

If the owner fails to comply with the order of the Secretary,

the Secretary may -

(A) seize, quarantine, dispose of, or take other remedial

action with respect to the animal, article, facility, or means

of conveyance under subsection (a) or (b) of this section; and

(B) recover from the owner the costs of any care, handling,

disposal, or other remedial action incurred by the Secretary in

connection with the seizure, quarantine, disposal, or other

remedial action.

(d) Compensation

(1) In general

Except as provided in paragraph (3), the Secretary shall

compensate the owner of any animal, article, facility, or means

of conveyance that the Secretary requires to be destroyed under

this section.

(2) Amount

(A) In general

Subject to subparagraphs (B) and (C), the compensation shall

be based on the fair market value, as determined by the

Secretary, of the destroyed animal, article, facility, or means

of conveyance.

(B) Limitation

Compensation paid any owner under this subsection shall not

exceed the difference between -

(i) the fair market value of the destroyed animal, article,

facility, or means of conveyance; and

(ii) any compensation received by the owner from a State or

other source for the destroyed animal, article, facility, or

means of conveyance.

(C) Reviewability

The determination by the Secretary of the amount to be paid

under this subsection shall be final and not subject to

judicial review or 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.

(3) Exceptions

No payment shall be made by the Secretary under this subsection

for -

(A) any animal, article, facility, or means of conveyance

that has been moved or handled by the owner in violation of an

agreement for the control and eradication of diseases or pests

or in violation of this chapter;

(B) any progeny of any animal or article, which animal or

article has been moved or handled by the owner of the animal or

article in violation of this chapter;

(C) any animal, article, or means of conveyance that is

refused entry under this chapter; or

(D) any animal, article, facility, or means of conveyance

that becomes or has become affected with or exposed to any pest

or disease of livestock because of a violation of an agreement

for the control and eradication of diseases or pests or a

violation of this chapter by the owner.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10407, May 13, 2002, 116 Stat.

498.)

-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 8307 of this title.

-CITE-

7 USC Sec. 8307 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8307. Inspections, seizures, and warrants

-STATUTE-

(a) Guidelines

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 animal or article regulated

under this chapter;

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

the person or means of conveyance is carrying any animal or

article regulated under this chapter; or

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

State, quarantined under section 8306(b) of this title, on

probable cause to believe that the person or means of conveyance

is carrying any animal or article quarantined under section

8306(b) of this title.

(c) Inspections with warrants

(1) In general

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

United States for the purpose of making inspections and seizures

under this chapter.

(2) Application and issuance of warrants

(A) In general

On proper oath or affirmation showing probable cause to

believe that there is on certain premises any animal, 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 issue a

warrant for the entry on premises within the jurisdiction of

the judge or magistrate to make any inspection or seizure under

this chapter.

(B) Execution

The warrant may be applied for and executed by the Secretary

or any United States marshal.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10408, May 13, 2002, 116 Stat.

500.)

-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.

-MISC5-

PRECLEARANCE QUARANTINE INSPECTIONS

Pub. L. 107-171, title X, Sec. 10811, May 13, 2002, 116 Stat.

531, provided that:

''(a) Preclearance Inspections Required. - The Secretary of

Agriculture, acting through the Administrator of the Animal and

Plant Health Inspection Service, shall conduct preclearance

quarantine inspections of persons, baggage, cargo, and any other

articles destined for movement from the State of Hawaii to any of

the following -

''(1) The continental United States.

''(2) Guam.

''(3) Puerto Rico.

''(4) The United States Virgin Islands.

''(b) Inspection Locations. - The preclearance quarantine

inspections required by subsection (a) shall be conducted at all

direct departure and interline airports in the State of Hawaii.

''(c) Limitation. - The Secretary shall not implement this

section unless appropriations for necessary expenses of the Animal

and Plant Health Inspection Service for inspection, quarantine, and

regulatory activities are increased by an amount not less than

$3,000,000 in an Act making appropriations for fiscal year 2003.''

-CITE-

7 USC Sec. 8308 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8308. Detection, control, and eradication of diseases and

pests

-STATUTE-

(a) In general

The Secretary may carry out operations and measures to detect,

control, or eradicate any pest or disease of livestock (including

the drawing of blood and diagnostic testing of animals), including

animals at a slaughterhouse, stockyard, or other point of

concentration.

(b) Compensation

(1) In general

The Secretary may pay a claim arising out of the destruction of

any animal, article, or means of conveyance consistent with the

purposes of this chapter.

(2) Reviewability

The action of the Secretary in carrying out paragraph (1) shall

not be subject to 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. 107-171, title X, Sec. 10409, May 13, 2002, 116 Stat.

501.)

-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. 8309 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8309. Veterinary accreditation program

-STATUTE-

(a) In general

The Secretary may establish a veterinary accreditation program

that is consistent with this chapter, including the establishment

of standards of conduct for accredited veterinarians.

(b) Consultation

The Secretary shall consult with State animal health officials

and veterinary professionals regarding the establishment of the

veterinary accreditation program.

(c) Suspension or revocation of accreditation

(1) In general

The Secretary may, after notice and opportunity for a hearing

on the record, suspend or revoke the accreditation of any

veterinarian accredited under this title (FOOTNOTE 1) who

violates this chapter.

(FOOTNOTE 1) See References in Text note below.

(2) Final order

The order of the Secretary suspending or revoking accreditation

shall be treated as a final order reviewable under chapter 158 of

title 28.

(3) Summary suspension

(A) In general

The Secretary may summarily suspend the accreditation of a

veterinarian whom the Secretary has reason to believe knowingly

violated this chapter.

(B) Hearings

The Secretary shall provide the veterinarian with a

subsequent notice and an opportunity for a prompt

post-suspension hearing on the record.

(d) Application of penalty provisions

The criminal and civil penalties described in section 8313 of

this title shall not apply to a violation of this section that is

not a violation of any other provision of this chapter.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10410, May 13, 2002, 116 Stat.

501.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (c)(1), is title X of Pub. L.

107-171, May 13, 2002, 116 Stat. 486. For complete classification

of title X to the Code, see 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 8313, 8314 of this title.

-CITE-

7 USC Sec. 8310 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8310. Cooperation

-STATUTE-

(a) In general

To carry out this chapter, the Secretary may cooperate with other

Federal agencies, States or political subdivisions of States,

national governments of foreign countries, local governments of

foreign countries, domestic or international organizations,

domestic or international associations, Indian tribes, and other

persons.

(b) Responsibility

The person or other entity cooperating with the Secretary shall

be responsible for the authority necessary to carry out operations

or measures -

(1) on all land and property within a foreign country or State,

or under the jurisdiction of an Indian tribe, other than on land

and property owned or controlled by the United States; and

(2) using other facilities and means, as determined by the

Secretary.

(c) Screwworms

(1) In general

The Secretary may, independently or in cooperation with

national governments of foreign countries or international

organizations or associations, produce and sell sterile

screwworms to any national government of a foreign country or

international organization or association, if the Secretary

determines that the livestock industry and related industries of

the United States will not be adversely affected by the

production and sale.

(2) Proceeds

(A) Independent production and sale

If the Secretary independently produces and sells sterile

screwworms under paragraph (1), the proceeds of the sale shall

be -

(i) deposited into the Treasury of the United States; and

(ii) credited to the account from which the operating

expenses of the facility producing the sterile screwworms

have been paid.

(B) Cooperative production and sale

(i) In general

If the Secretary cooperates to produce and sell sterile

screwworms under paragraph (1), the proceeds of the sale

shall be divided between the United States and the

cooperating national government or international organization

or association in a manner determined by the Secretary.

(ii) Account

The United States portion of the proceeds shall be -

(I) deposited into the Treasury of the United States; and

(II) credited to the account from which the operating

expenses of the facility producing the sterile screwworms

have been paid.

(d) Cooperation in program administration

The Secretary may cooperate with State authorities, Indian tribe

authorities, or other persons in the administration of regulations

for the improvement of livestock and livestock products.

(e) Consultation and coordination with other Federal agencies

(1) In general

The Secretary shall consult and coordinate with the head of a

Federal agency with respect to any activity that is under the

jurisdiction of the Federal agency.

(2) Lead agency

Subject to the consultation and coordination requirement in

paragraph (1), the Department of Agriculture shall be the lead

agency with respect to issues related to pests and diseases of

livestock.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10411, May 13, 2002, 116 Stat.

502.)

-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. 8311 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8311. Reimbursable agreements

-STATUTE-

(a) Authority to enter into agreements

The Secretary may enter into reimbursable fee agreements with

persons for preclearance of animals or articles at locations

outside the United States for movement into the United States.

(b) Funds collected for preclearance

Funds collected for preclearance activities shall -

(1) be credited to accounts that may be established by the

Secretary for carrying out this section; and

(2) 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 an officer

or employee of the Department of Agriculture performing services

under this chapter relating to imports into and exports from the

United States for all overtime, night, or holiday work performed

by the officer or employee at a rate of pay determined by the

Secretary.

(2) Reimbursement

(A) In general

The Secretary may require a person for whom the services are

performed to reimburse the Secretary for any expenses paid by

the Secretary for the services under this subsection.

(B) Use of funds

All funds collected under this subsection shall -

(i) be credited to the account that incurs the costs; and

(ii) remain available until expended, without fiscal year

limitation.

(d) Late payment penalties

(1) Collection

On failure by a person to reimburse the Secretary in accordance

with this section, the Secretary may assess a late payment

penalty against the person, including interest on overdue funds,

as required by section 3717 of title 31.

(2) Use of funds

Any late payment penalty and any accrued interest shall -

(A) be credited to the account that incurs the costs; and

(B) remain available until expended, without fiscal year

limitation.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10412, May 13, 2002, 116 Stat.

503.)

-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. 8312 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8312. Administration and claims

-STATUTE-

(a) Administration

To carry out this chapter, the Secretary may -

(1) acquire and maintain real or personal property;

(2) employ a person;

(3) make a grant; and

(4) notwithstanding chapter 63 of title 31, enter into a

contract, cooperative agreement, memorandum of understanding, or

other agreement.

(b) Tort claims

(1) In general

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

tort claim, in the manner authorized by the first paragraph of

section 2672 of title 28, if the claim arises outside the United

States in connection with an activity authorized under this

chapter.

(2) Requirements

A claim may not be allowed under this subsection unless the

claim is presented in writing to the Secretary not later than 2

years after the date on which the claim arises.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10413, May 13, 2002, 116 Stat.

503.)

-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. 8313 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8313. Penalties

-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) Distribution or sale

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

any animal 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

Except as provided in section 8309(d) of this title, 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

under 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)(i) $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;

(ii) $250,000 in the case of any other person for each

violation; and

(iii) $500,000 for all violations adjudicated in a single

proceeding; or

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

forgery, counterfeiting, or unauthorized use, alteration,

defacing or destruction of a certificate, permit, or other

document provided under this chapter that results in the

person's deriving pecuniary gain or causing pecuniary loss to

another person.

(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) the ability to pay;

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

(C) any history of prior violations;

(D) the degree of culpability; and

(E) such other factors as the Secretary considers to be

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

(A) Final order

The order of the Secretary assessing a civil penalty shall be

treated as a final order reviewable under chapter 158 of title

28.

(B) Review

The validity of the order of the Secretary may not be

reviewed in an action to collect the civil penalty.

(C) Interest

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 agents

In the construction and enforcement of 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 the employment or

office of the officer, agent, or person, shall be deemed also to be

the act, omission, or failure of the other person.

(d) Guidelines for civil penalties

Subject to the approval of the Attorney General, the Secretary

shall 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. 107-171, title X, Sec. 10414, May 13, 2002, 116 Stat.

504.)

-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 1907, 8309, 8314 of this

title.

-CITE-

7 USC Sec. 8314 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8314. Enforcement

-STATUTE-

(a) Collection of information

(1) In general

The Secretary may gather and compile information and conduct

any inspection or investigation that the Secretary considers to

be necessary for the administration or enforcement of this

chapter.

(2) Subpoenas

(A) In general

The Secretary shall have power to issue a subpoena to compel

the attendance and testimony of any witness and the production

of any 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

(i) In general

In 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, to require the attendance and

testimony of any witness and the production of documentary

evidence.

(ii) Noncompliance

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.

(iii) Contempt

Any failure to obey the order of the court may be punished

by the court as contempt of the court.

(D) Compensation

(i) Witnesses

A witness summoned by the Secretary under this chapter

shall be paid the same fees and mileage that are paid to a

witness in a court of the United States.

(ii) Depositions

A witness whose deposition is taken, and the person taking

the deposition, shall be entitled to the same fees that are

paid for similar services in a court of the United States.

(E) Procedures

(i) Publication

The Secretary shall publish procedures for the issuance of

subpoenas under this section.

(ii) Review

The procedures shall include a requirement that subpoenas

be reviewed for legal sufficiency and, to be effective, be

signed by the Secretary.

(iii) Delegation

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 of the

subpoena for legal sufficiency outside that agency.

(b) Authority of Attorney General

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, in

any case in which 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 actions of the

Secretary; or

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

penalty, funds under a reimbursable agreement, late payment

penalty, or interest assessed under this chapter.

(c) Court jurisdiction

(1) In general

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

the District Court of the Northern Mariana Islands, the District

Court of the Virgin Islands, the highest court of American Samoa,

and the United States courts of the other territories and

possessions are vested with jurisdiction in all cases arising

under this chapter.

(2) Venue

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.

(3) Exception

Paragraphs (1) and (2) do not apply to sections 8309(c) and

8313(b) of this title.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10415, May 13, 2002, 116 Stat.

505.)

-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 1907 of this title.

-CITE-

7 USC Sec. 8315 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8315. Regulations and orders

-STATUTE-

The Secretary may promulgate such regulations, and issue such

orders, as the Secretary determines necessary to carry out this

chapter.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10416, May 13, 2002, 116 Stat.

507.)

-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 8317 of this title.

-CITE-

7 USC Sec. 8316 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8316. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated such sums as are

necessary to carry out this chapter.

(b) Transfer of funds

(1) In general

In connection with an emergency under which a pest or disease

of livestock threatens any segment of agricultural production in

the United States, the Secretary may transfer from other

appropriations or funds available to the agencies or corporations

of the Department of Agriculture such funds as the Secretary

determines are necessary for the arrest, control, eradication, or

prevention of the spread of the pest or disease of livestock and

for related expenses.

(2) Availability

Any funds transferred under this subsection shall remain

available until expended, without fiscal year limitation.

(3) Reviewability

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

in carrying out this section (including determining the amount of

and making any payment authorized to be made under this chapter)

shall not be subject to 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.

(c) Use of funds

In carrying out this chapter, the Secretary may use funds made

available to carry out this chapter for -

(1) the employment of civilian nationals in foreign countries;

and

(2) the construction and operation of research laboratories,

quarantine stations, and other buildings and facilities for

special purposes.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10417, May 13, 2002, 116 Stat.

507.)

-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. 8317 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8317. Effect on regulations

-STATUTE-

A regulation issued under a provision of law repealed by

subsection (a) shall remain in effect until the Secretary issues a

regulation under section 8303(b) or 8315 of this title that

supersedes the earlier regulation.

-SOURCE-

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

509.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (a), referred to in text, means section 10418(a) of

title X of Pub. L. 107-171, May 13, 2002, 116 Stat. 507, which

repealed sections 429, 2260, and 2260a of this title, section 1306

of Title 19, Customs Duties, sections 102 to 105, 111, 112, 113,

114 to 114d-1, 114e to 114h, 115 to 131, 134 to 135b, and 612 to

614 of Title 21, Food and Drugs, sections 3901 and 3902 of Title

46, Shipping, and provisions set out as a note under section 129a

of Title 21.

-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. 8318 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8318. Veterinary training

-STATUTE-

The Secretary of Agriculture may develop a program to maintain in

all regions of the United States a sufficient number of Federal and

State veterinarians who are well trained in recognition and

diagnosis of exotic and endemic animal diseases.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10504, May 13, 2002, 116 Stat.

510.)

-COD-

CODIFICATION

Section was not enacted as part of the Animal Health Protection

Act which comprises this chapter.

-CITE-

7 USC Sec. 8319 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8319. Surveillance of zoonotic diseases

-STATUTE-

The Secretary of Health and Human Services, through the

Commissioner of Food and Drugs and the Director of the Centers for

Disease Control and Prevention, and the Secretary of Agriculture

shall coordinate the surveillance of zoonotic diseases.

-SOURCE-

(Pub. L. 107-188, title III, Sec. 313, June 12, 2002, 116 Stat.

674.)

-COD-

CODIFICATION

Section was enacted as part of the Public Health Security and

Bioterrorism Preparedness and Response Act of 2002, and not as part

of the Animal Health Protection Act which comprises this chapter.

-CITE-

7 USC Sec. 8320 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 109 - ANIMAL HEALTH PROTECTION

-HEAD-

Sec. 8320. Expansion of Animal and Plant Health Inspection Service

activities

-STATUTE-

(a) In general

The Secretary of Agriculture (referred to in this section as the

''Secretary'') may utilize existing authorities to give high

priority to enhancing and expanding the capacity of the Animal and

Plant Health Inspection Service to conduct activities to -

(1) increase the inspection capacity of the Service at

international points of origin;

(2) improve surveillance at ports of entry and customs;

(3) enhance methods of protecting against the introduction of

plant and animal disease organisms by terrorists;

(4) develop new and improve existing strategies and

technologies for dealing with intentional outbreaks of plant and

animal disease arising from acts of terrorism or from

unintentional introduction, including -

(A) establishing cooperative agreements among Veterinary

Services of the Animal and Plant Health Inspection Service,

State animal health commissions and regulatory agencies for

livestock and poultry health, and private veterinary

practitioners to enhance the preparedness and ability of

Veterinary Services and the commissions and agencies to respond

to outbreaks of such animal diseases; and

(B) strengthening planning and coordination with State and

local agencies, including -

(i) State animal health commissions and regulatory agencies

for livestock and poultry health; and

(ii) State agriculture departments; and

(5) otherwise improve the capacity of the Service to protect

against the threat of bioterrorism.

(b) Automated recordkeeping system

The Administrator of the Animal and Plant Health Inspection

Service may implement a central automated recordkeeping system to

provide for the reliable tracking of the status of animal and plant

shipments, including those shipments on hold at ports of entry and

customs. The Secretary shall ensure that such a system shall be

fully accessible to or fully integrated with the Food Safety

Inspection Service.

(c) Authorization of appropriations

There is authorized to be appropriated to carry out this section,

$30,000,000 for fiscal year 2002, and such sums as may be necessary

for each subsequent fiscal year.

-SOURCE-

(Pub. L. 107-188, title III, Sec. 331, June 12, 2002, 116 Stat.

678.)

-COD-

CODIFICATION

Section was enacted as part of the Public Health Security and

Bioterrorism Preparedness and Response Act of 2002, and not as part

of the Animal Health Protection Act which comprises this chapter.

-CITE-