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7 USC CHAPTER 11 - HONEYBEES 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 11 - HONEYBEES

.

-HEAD-

CHAPTER 11 - HONEYBEES

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Sec.

281. Honeybee importation.

(a) In general.

(b) Regulations.

(c) Enforcement.

(d) ''Honeybee'' defined.

282. Punishment for unlawful importation.

283. Propagation of stock and release of germ plasm.

284. Eradication and control of undesirable species and subspecies.

(a) Operations in United States.

(b) Cooperation with certain foreign governments;

measure and character; consultation with

Secretary of State.

(c) Responsibility for authority to carry out

operations.

285. Uses of funds.

286. Authorization of appropriations.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 6 section 231.

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7 USC Sec. 281 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 11 - HONEYBEES

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Sec. 281. Honeybee importation

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(a) In general

The Secretary of Agriculture is authorized to prohibit or

restrict the importation or entry of honeybees and honeybee semen

into or through the United States in order to prevent the

introduction and spread of diseases and parasites harmful to

honeybees, the introduction of genetically undesirable germ plasm

of honeybees, or the introduction and spread of undesirable species

or subspecies of honeybees and the semen of honeybees.

(b) Regulations

The Secretary of Agriculture and the Secretary of the Treasury

are each authorized to prescribe such regulations as the respective

Secretary determines necessary to carry out this section.

(c) Enforcement

Honeybees or honeybee semen offered for importation into,

intercepted entering, or having entered the United States, other

than in accordance with regulations promulgated by the Secretary of

Agriculture and the Secretary of the Treasury, shall be destroyed

or immediately exported.

(d) ''Honeybee'' defined

As used in this chapter, the term ''honeybee'' means all life

stages and the germ plasm of honeybees of the genus Apis, except

honeybee semen.

-SOURCE-

(Aug. 31, 1922, ch. 301, Sec. 1, 42 Stat. 833; Pub. L. 87-539, Sec.

1, July 19, 1962, 76 Stat. 169; Pub. L. 94-319, Sec. 1, June 25,

1976, 90 Stat. 709; Pub. L. 103-182, title III, Sec. 361(d)(2),

Dec. 8, 1993, 107 Stat. 2123; Pub. L. 103-465, title IV, Sec.

431(e), Dec. 8, 1994, 108 Stat. 4968.)

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AMENDMENTS

1994 - Pub. L. 103-465 amended section generally, substituting

present provisions for former subsecs. (a) to (e) restricting

importation of honeybees and honeybee semen into United States,

providing for promulgation of rules and regulations as to such

importation, providing for destruction or immediate exportation of

nonexcepted honeybees or honeybee semen offered for import or

intercepted, and defining ''honeybee''.

1993 - Subsec. (a)(3). Pub. L. 103-182, Sec. 361(d)(2)(A), added

par. (3).

Subsec. (b). Pub. L. 103-182, Sec. 361(d)(2)(B), inserted ''(1)''

after ''only from'' and added cl. (2).

1976 - Pub. L. 94-319 incorporated existing provisions, which

related only to honeybees, into subsecs. (a) to (e) relating to

honeybees and honeybee semen, making honeybee provisions applicable

to all life stages and the germ plasm of honeybees instead of only

to honeybees in the adult stage, restating purpose of prohibiting

importation of honeybees and restating conditions to be determined

by Secretary of Agriculture with respect to countries from which

honeybees may be imported.

1962 - Pub. L. 87-539 enlarged prohibition against importation of

honeybees to include the honeybee of the genus Apis instead of only

the honeybee Apis mellifica and restricted permission to import the

honeybee to countries which take adequate precautions to prevent

importation of honeybees from countries where dangerous diseases

exist.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date of entry into

force of the WTO Agreement with respect to the United States (Jan.

1, 1995), except as otherwise provided, see section 451 of Pub. L.

103-465, set out as an Effective Date note under section 3601 of

Title 19, Customs Duties.

SHORT TITLE

Act Aug. 31, 1922, as amended, which is classified to this

chapter, is popularly known as the ''Honeybee Act''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of the Secretary of Agriculture

relating to agricultural import and entry inspection activities

under this section 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.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 282 of this title.

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7 USC Sec. 282 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 11 - HONEYBEES

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Sec. 282. Punishment for unlawful importation

-STATUTE-

Any person who violates any provision of section 281 of this

title or any regulation issued under it is guilty of an offense

against the United States and shall, upon conviction, be fined not

more than $1,000, or imprisoned for not more than one year, or

both.

-SOURCE-

(Aug. 31, 1922, ch. 301, Sec. 2, 42 Stat. 834; Pub. L. 94-319, Sec.

2, June 25, 1976, 90 Stat. 709.)

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AMENDMENTS

1976 - Pub. L. 94-319 inserted reference to regulations,

substituted characterization of violation as offense against the

United States for characterization as a misdemeanor, increased

maximum fine to $1,000 from $500 and struck out provision relating

to discretion of the court.

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7 USC Sec. 283 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 11 - HONEYBEES

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Sec. 283. Propagation of stock and release of germ plasm

-STATUTE-

The Secretary of Agriculture may propagate bee-breeding stock and

may release bee germ plasm to the public.

-SOURCE-

(Sept. 21, 1944, ch. 412, title I, Sec. 103, 58 Stat. 735; Oct. 31,

1951, ch. 654, Sec. 3(1), 65 Stat. 708; Pub. L. 97-98, title XI,

Sec. 1120, Dec. 22, 1981, 95 Stat. 1273.)

-COD-

CODIFICATION

This section was not enacted as part of act Aug. 31, 1922, which

comprises this chapter.

Provisions similar to this section were contained in the

following prior Department of Agriculture Appropriation Acts:

June 28, 1944, ch. 296, 58 Stat. 439.

July 12, 1943, ch. 215, 57 Stat. 407.

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AMENDMENTS

1981 - Pub. L. 97-98 inserted ''and may release bee germ plasm to

the public''.

1951 - Act Oct. 31, 1951, struck out provisions relating to sale

of surplus bee-breeding stock, and the fixing of rates and

disposition of proceeds in connection therewith.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective on Dec. 22, 1981, see

section 1801 of Pub. L. 97-98, set out as an Effective Date note

under section 4301 of this title.

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7 USC Sec. 284 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 11 - HONEYBEES

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Sec. 284. Eradication and control of undesirable species and

subspecies

-STATUTE-

(a) Operations in United States

The Secretary of Agriculture either independently or in

cooperation with States or political subdivisions thereof, farmers'

associations, and similar organizations and individuals, is

authorized to carry out operations or measures in the United States

to eradicate, suppress, control, and to prevent or retard the

spread of undesirable species and subspecies of honeybees.

(b) Cooperation with certain foreign governments; measure and

character; consultation with Secretary of State

The Secretary of Agriculture is authorized to cooperate with the

Governments of Canada, Mexico, Guatemala, Belize, Honduras, El

Salvador, Nicaragua, Costa Rica, Panama, and Colombia, or the local

authorities thereof, in carrying out necessary research, surveys,

and control operations in those countries in connection with the

eradication, suppression, control, and prevention or retardation of

the spread of undesirable species and subspecies of honeybees,

including but not limited to Apis mellifera adansonii, commonly

known as the African or Brazilian honeybee. The measure and

character of cooperation carried out under this subsection on the

part of such countries, including the expenditure or use of funds

appropriated pursuant to this chapter, shall be such as may be

prescribed by the Secretary of Agriculture. Arrangements for the

cooperation authorized by this subsection shall be made through and

in consultation with the Secretary of State.

(c) Responsibility for authority to carry out operations

In performing the operations or measures authorized in this

chapter, the cooperating foreign country, State, or local agency

shall be responsible for the authority to carry out such operations

or measures on all lands and properties within the foreign country

or State, other than those owned or controlled by the Federal

Government of the United States, and for such other facilities and

means as in the discretion of the Secretary of Agriculture are

necessary.

-SOURCE-

(Aug. 31, 1922, ch. 301, Sec. 3, as added Pub. L. 94-319, Sec. 3,

June 25, 1976, 90 Stat. 709.)

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INDEMNIFICATION FOR BEEKEEPERS

Pub. L. 91-524, title VIII, Sec. 804, Nov. 30, 1970, 84 Stat.

1382, as amended by Pub. L. 93-86, Sec. 1(27)(A), Aug. 10, 1973, 87

Stat. 237; Pub. L. 95-113, title II, Sec. 207, Sept. 29, 1977, 91

Stat. 921, provided that:

''(a) The Secretary of Agriculture is authorized to make

indemnity payments to beekeepers who through no fault of their own

have suffered losses of honey bees after January 1, 1967, as a

result of utilization of economic poisons near or adjacent to the

property on which the beehives of such beekeepers were located.

''(b) The amount of the indemnity payment in the case of any

beekeeper shall be determined on the basis of the net loss

sustained by such beekeeper as a result of the loss of his honey

bees.

''(c) Indemnity payments shall be made only in cases in which the

loss occurred as a result of the use of economic poisons which had

been registered and approved for use by the Federal Government.

''(d) There are hereby authorized to be appropriated such sums as

may be necessary to carry out the provisions of this Act.

''(e) The Secretary is authorized to issue such regulations as he

deems necessary to carry out the purposes of this section.

''(f) The provisions of this section shall not be in effect after

September 30, 1981.''

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7 USC Sec. 285 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 11 - HONEYBEES

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Sec. 285. Uses of funds

-STATUTE-

Funds appropriated to carry out the provisions of this chapter

may also be used for printing and binding without regard to section

501 of title 44 for employment, by contract or otherwise, of

civilian nationals of Canada, Mexico, Guatemala, Belize, Honduras,

El Salvador, Nicaragua, Costa Rica, Panama, and Colombia for

services abroad, and for the construction and operation of research

laboratories, quarantine stations, and other buildings and

facilities.

-SOURCE-

(Aug. 31, 1922, ch. 301, Sec. 4, as added Pub. L. 94-319, Sec. 3,

June 25, 1976, 90 Stat. 710.)

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7 USC Sec. 286 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 11 - HONEYBEES

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Sec. 286. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the provisions of this chapter.

-SOURCE-

(Aug. 31, 1922, ch. 301, Sec. 5, as added Pub. L. 94-319, Sec. 3,

June 25, 1976, 90 Stat. 710.)

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