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7 USC CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE

FOODSTUFFS 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

.

-HEAD-

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

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Sec.

4401. Congressional findings and declaration of purpose.

4402. Definitions.

4403. Duties of Secretary of Agriculture.

4404. Duties of Secretary of State.

4405. Fees and charges.

(a) Testing or inspection.

(b) Issuance of certificates of compliance.

4406. Authorization of appropriations.

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7 USC Sec. 4401 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

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Sec. 4401. Congressional findings and declaration of purpose

-STATUTE-

Congress hereby finds and declares that -

(1) the United States, as a member of the Economic Commission

for Europe of the United Nations, participated in development by

that Commission of the Agreement on the International Carriage of

Perishable Foodstuffs and on the Special Equipment to be Used for

Such Carriage;

(2) the agreement requires that equipment involved in the

international carriage of perishable foodstuffs be inspected,

tested, and certified to specified standards;

(3) this chapter will make it possible for equipment in the

United States to be inspected, tested, and certified in

accordance with the agreement and the standards specified

therein; and

(4) this chapter will improve the conditions for the movement

of perishable foodstuffs in international carriage in equipment

owned or operated by United States firms, which will serve to

protect existing trade and promote expansion of trade in

perishable foodstuffs, and will improve the sale of United States

manufactured equipment for use in international carriage.

-SOURCE-

(Pub. L. 97-325, Sec. 2, Oct. 15, 1982, 96 Stat. 1603.)

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REFERENCES IN TEXT

This chapter, referred to in pars. (3) and (4), was in the

original ''this Act'', meaning Pub. L. 97-325, Oct. 15, 1982, 96

Stat. 1603, known as the International Carriage of Perishable

Foodstuffs Act, which enacted this chapter and section 2212c of

this title, amended sections 5315 and 5316 of Title 5, Government

Organization and Employees, repealed section 3 of Reorg. Plan No. 2

of 1953, and enacted provisions set out as a note under section

2212c of this title. For complete classification of this Act to

the Code, see Short Title note set out below and Tables.

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SHORT TITLE

Section 1 of Pub. L. 97-325 provided: ''That this Act (enacting

this chapter and section 2212c of this title, amending sections

5315 and 5316 of Title 5, Government Organization and Employees,

repealing section 3 of Reorg. Plan No. 2 of 1953, and enacting

provisions set out as a note under section 2212c of this title) may

be cited as the 'International Carriage of Perishable Foodstuffs

Act'.''

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7 USC Sec. 4402 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

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Sec. 4402. Definitions

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As used in this chapter -

(1) The term ''agreement'' means the Agreement on the

International Carriage of Perishable Foodstuffs and on the

Special Equipment to be Used for Such Carriage, and the annexes

and the appendices thereto, done at Geneva, September 1, 1970,

under the auspices of the Economic Commission for Europe of the

United Nations.

(2) The term ''contracting party'' means any country that is

eligible under article 9 of the agreement and that has complied

with the terms of such article.

(3) The term ''equipment'' means the special transport

equipment that complies with the definitions and standards set

forth in annex 1 to the agreement, including, but not limited to,

railway cars, trucks, trailers, semitrailers, and intermodal

freight containers that are insulated only, or insulated and

equipped with a refrigerating, mechanically refrigerating, or

heating appliance.

(4) The term ''perishable foodstuffs'' means quick deep-frozen

and frozen food products listed in annex 2 and food products

listed in annex 3 to the agreement.

(5) The term ''international carriage'' means transportation of

perishable foodstuffs if such foodstuffs are loaded in equipment

or the equipment containing them is loaded onto a rail or road

vehicle, in the territory of any country and such foodstuffs are,

or the equipment containing them is, unloaded in the territory of

another country that is a contracting party, where such

transportation is by -

(A) rail,

(B) road,

(C) any combination of rail and road, or

(D) any sea crossing of less than one hundred and fifty

kilometers, if preceded or followed by one or more land

journeys as referred to in clauses (A), (B), and (C) of this

paragraph, and the perishable foodstuffs are shipped in the

same equipment used for such land journeys without transloading

of such foodstuffs.

In the case of any transportation that involves one or more sea

crossings other than as specified in clause (D) of this

paragraph, each land journey shall be considered separately.

(6) The term ''United States'' means the fifty States of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, Guam, American Samoa, the Virgin Islands of the

United States, the Commonwealth of the Northern Mariana Islands,

and any other territory or possession of the United States.

-SOURCE-

(Pub. L. 97-325, Sec. 3, Oct. 15, 1982, 96 Stat. 1603.)

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7 USC Sec. 4403 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

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Sec. 4403. Duties of Secretary of Agriculture

-STATUTE-

The Secretary of Agriculture of the United States shall be the

competent authority to implement the agreement. To ensure

compliance with the standards specified in the agreement, the

Secretary of Agriculture may -

(1) designate appropriate organizations to inspect or test

equipment, or both;

(2) issue certificates of compliance in accordance with annex

1, appendix 1, paragraph 4 of the agreement;

(3) prescribe such regulations as may be necessary to implement

the agreement and administer this chapter, including, but not

limited to, provision for suspending or denying the designation

of any organization to inspect or test equipment and for denying

the issuance of certificates of compliance as may be necessary to

ensure compliance with the provisions of this chapter and the

regulations issued thereunder;

(4) make periodic onsite inspections of facilities and

procedures used by those seeking certificates of compliance and

by organizations designated to test or inspect equipment under

this chapter;

(5) require submission of reports by those seeking certificates

of compliance and by organizations designated to test or inspect

equipment under this chapter;

(6) require maintenance of records by those seeking

certificates of compliance and by organizations designated to

test or inspect equipment under this chapter, such records to be

made available to the Secretary upon request;

(7) inform contracting parties, through the Secretary of State

of the United States, of all general measures taken in connection

with the implementation of the agreement; and

(8) take such other action as may be considered appropriate to

implement the agreement and administer this chapter.

-SOURCE-

(Pub. L. 97-325, Sec. 4, Oct. 15, 1982, 96 Stat. 1604.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4405 of this title.

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7 USC Sec. 4404 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

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Sec. 4404. Duties of Secretary of State

-STATUTE-

The Secretary of State, with the concurrence of the Secretary of

Agriculture, may take such action as may be considered appropriate

to assert and protect the rights of the United States under the

agreement.

-SOURCE-

(Pub. L. 97-325, Sec. 5, Oct. 15, 1982, 96 Stat. 1605.)

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7 USC Sec. 4405 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

-HEAD-

Sec. 4405. Fees and charges

-STATUTE-

(a) Testing or inspection

Any organization designated by the Secretary of Agriculture to

test or inspect equipment may establish reasonable fees to cover

the costs of such testing or inspection. Such fees shall be

payable directly to the organization by those seeking inspection or

testing.

(b) Issuance of certificates of compliance

The Secretary of Agriculture may, effective October 1, 1982, fix

and cause to be collected reasonable fees to cover, as nearly as

practicable, the costs to the Department of Agriculture incurred in

connection with the issuance of certificates of compliance as

provided under section 4403(2) of this title. All fees collected

shall be credited to the current appropriation account that incurs

the cost and shall be available without fiscal year limitation to

pay the expenses of the Secretary of Agriculture incident to the

issuance of certificates of compliance under this chapter.

-SOURCE-

(Pub. L. 97-325, Sec. 6, Oct. 15, 1982, 96 Stat. 1605.)

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7 USC Sec. 4406 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 75 - INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS

-HEAD-

Sec. 4406. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary of

Agriculture for the fiscal year beginning October 1, 1982, and for

each fiscal year thereafter, such sums as are necessary to carry

out the provisions of this chapter, but not to exceed $100,000 in

any fiscal year.

-SOURCE-

(Pub. L. 97-325, Sec. 7, Oct. 15, 1982, 96 Stat. 1605.)

-REFTEXT-

REFERENCES IN TEXT

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

Act'', meaning Pub. L. 97-325 which enacted this chapter and

section 2212c of this title, amended sections 5315 and 5316 of

Title 5, Government Organization and Employees, repealed section 3

of Reorg. Plan No. 2 of 1953, and enacted provisions set out as a

note under section 2212c of this title.

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