Legislación
US (United States) Code. Title 7. Chapter 104: Plant protection
-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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.