US Code (Unofficial compilation from the Legal Information Institute) TITLE 7 - AGRICULTURE CHAPTER 104 PLANT PROTECTION Please Note: This compilation of the US Code, current as of Jan. 4, 2012, has been prepared by the Legal Information Institute using data from the U.S. House of Representatives, Office of the Law Revision Counsel. It is not an official U.S. government publication. For more details please see: http://www.law.cornell.edu/uscode/uscprint.html. Notes on this document: The content in this document is taken directly from the US Code, with the following exceptions: page headers and footers, page numbering, and all formatting are artifacts of this presentation. Divider lines have been inserted between sections. The notes are set off by a vertical line and a larger left margin. The table of contents immediately following this title page is machine-generated from the headings in this portion of the Code. Commonly available fonts are used. The Legal Information Institute promotes worldwide, free public access to law via the Internet. Founded in 1992, the LII created the first legal information website. It continues to be a pre-eminent "law-not-com" publisher of legal information and an important outreach activity of the Cornell Law School.
TITLE 7 - AGRICULTURE 1 CHAPTER 104 - PLANT PROTECTION 4 7701. Findings 5 7702. Definitions 6 SUBCHAPTER I - PLANT PROTECTION 9 7711. Regulation of movement of plant pests 9 7712. Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance 10 7712a. Reduction in backlog of agricultural export petitions 12 7713. Notification and holding requirements upon arrival 12 7714. General remedial measures for new plant pests and noxious weeds 14 7715. Declaration of extraordinary emergency and resulting authorities 15 7716. Recovery of compensation for unauthorized activities 16 7717. Control of grasshoppers and Mormon crickets 17 7718. Certification for exports 18 7719. Methyl bromide 18 7720. National plan for control and management of Sudden Oak Death 19 7721. Plant pest and disease management and disaster prevention 20 SUBCHAPTER II - INSPECTION AND ENFORCEMENT 24 7731. Inspections, seizures, and warrants 24 7732. Collection of information 25 7733. Subpoena authority 25 7734. Penalties for violation 26 7735. Enforcement actions of Attorney General 28 7736. Court jurisdiction 29 SUBCHAPTER III - MISCELLANEOUS PROVISIONS 30 7751. Cooperation 30 7752. Buildings, land, people, claims, and agreements 31 7753. Reimbursable agreements 32 7754. Regulations and orders 33 7755. Protection for mail handlers 33 7756. Preemption 33 7757. Severability 34 7758. Repeal of superseded laws 34 7759. Fees for inspection of plants for exporting or transiting 34 7760. State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by United States Postal Service 36 7761. National Clean Plant Network 37 SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS 39 7771. Authorization of appropriations 39 7772. Transfer authority 39 SUBCHAPTER V - NOXIOUS WEED CONTROL AND ERADICATION 41 7781. Definitions 41 7782. Establishment of program 44 7783. Grants to weed management entities 44 7784. Agreements 46 7785. Relationship to other programs 47 7786. Authorization of appropriations 47 - ii -
TITLE 7 AGRICULTURE TITLE 7 AGRICULTURE Chap....Sec. 1. Commodity Exchanges...1 2. Cotton Standards...51 3. Grain Standards...71 4. Naval Stores...91 5. Importation of Adulterated Seeds [Repealed]...111 6. Insecticides and Environmental Pesticide Control...121 6A. National Laboratory Accreditation...138 7. Insect Pests Generally [Repealed, Omitted, or Transferred]...141 7A. Golden Nematode [Repealed]...150 7B. Plant Pests [Repealed]...150aa 8. Nursery Stock and Other Plants and Plant Products [Repealed, Omitted, or Transferred]...151 8A. Rubber and Other Critical Agricultural Materials...171 9. Packers and Stockyards...181 10. Warehouses...241 11. Honeybees...281 12. Associations of Agricultural Products Producers...291 13. Agricultural and Mechanical Colleges...301 14. Agricultural Experiment Stations...361 15. Bureau of Animal Industry...391 16. Bureau of Dairy Industry...401 17. Miscellaneous Matters...411 18. Cooperative Marketing...451 19. Cotton Statistics and Estimates...471 20. Dumping or Destruction of Interstate Produce...491 20A. Perishable Agricultural Commodities...499a 21. Tobacco Statistics...501 21A. Tobacco Inspection...511 21B. Tobacco Control [Repealed]...515 21C. Tobacco Reform...518 22. Agricultural Marketing [Omitted or Transferred]...521 23. Foreign Agricultural Service [Repealed]...541 24. Perishable Agricultural Commodities [Transferred to Chapter 20A]...551 25. Export Standards for Apples...581 25A. Export Standards for Grapes and Plums...591 26. Agricultural Adjustment...601 26A. Agricultural Marketing Agreements...671 27. Cotton Marketing [Repealed or Omitted]...701 28. Tobacco Industry [Repealed]...751 29. Potato Act of 1935 [Repealed]...801 30. Anti-Hog-Cholera Serum and Hog-Cholera Virus...851 31. Rural Electrification and Telephone Service...901 31A. Telemedicine and Distance Learning Services in Rural Areas...950aaa 32. Peanut Statistics...951 33. Farm Tenancy...1000 34. Sugar Production and Control [Omitted or Repealed]...1100 35. Agricultural Adjustment Act of 1938...1281 35A. Price Support of Agricultural Commodities...1421 36. Crop Insurance...1501 37. Seeds...1551 38. Distribution and Marketing of Agricultural Products...1621 39. Stabilization of International Wheat Market...1641 40. Halogeton Glomeratus Control [Repealed]...1651 41. Food for Peace...1691 42. Agricultural Commodity Set-Aside...1741 43. Foreign Market Development...1761 44. Wool Program [Repealed]...1781 45. Soil Bank Program...1801 46. Surplus Disposal of Agricultural Commodities...1851 47. Interchange of Department of Agriculture and State Employees [Repealed]...1881-1 -
TITLE 7 AGRICULTURE 48. Humane Methods of Livestock Slaughter...1901 49. Consultation on Agricultural Programs...1911 50. Agricultural Credit...1921 51. Supplemental Nutrition Assistance Program...2011 52. Farm Labor Contractor Registration [Repealed]...2041 53. Cotton Research and Promotion...2101 54. Transportation, Sale, and Handling of Certain Animals...2131 55. Department of Agriculture...2201 55A. Department of Agriculture Advisory Committees...2281 56. Unfair Trade Practices Affecting Producers of Agricultural Products...2301 57. Plant Variety Protection...2321 58. Potato Research and Promotion...2611 59. Rural Fire Protection, Development, and Small Farm Research and Education...2651 60. Egg Research and Consumer Information...2701 61. Noxious Weeds...2801 62. Beef Research and Information...2901 63. Farmer-to-Consumer Direct Marketing...3001 64. Agricultural Research, Extension, and Teaching...3101 65. Wheat and Wheat Foods Research and Nutrition Education...3401 66. Agricultural Foreign Investment Disclosure...3501 67. Implementation of International Sugar Agreement, 1977...3601 68. Agricultural Subterminal Facilities...3701 69. Swine Health Protection...3801 70. Animal Cancer Research...3901 71. Agricultural Trade Suspension Adjustment...4001 72. National Agricultural Cost of Production Standards Review Board [Omitted]...4101 73. Farmland Protection Policy...4201 74. Floral Research and Consumer Information...4301 75. International Carriage of Perishable Foodstuffs...4401 76. Dairy Research and Promotion...4501 77. Honey Research, Promotion, and Consumer Information...4601 78. Agricultural Productivity Research [Repealed]...4701 79. Pork Promotion, Research, and Consumer Information...4801 80. Watermelon Research and Promotion...4901 81. National Commission on Agriculture and Rural Development Policy [Omitted]...5001 82. State Agricultural Loan Mediation Programs...5101 83. Agricultural Competitiveness and Trade...5201 84. National Nutrition Monitoring and Related Research...5301 85. Administration of Environmental Programs...5401 86. Water Quality Research, Education, and Coordination...5501 87. Export Promotion...5601 88. Research...5801 89. Pecan Promotion and Research...6001 90. Mushroom Promotion, Research, and Consumer Information...6101 91. Lime Promotion, Research, and Consumer Information...6201 92. Soybean Promotion, Research, and Consumer Information...6301 93. Processor-Funded Milk Promotion Program...6401 94. Organic Certification...6501 95. Rural Revitalization Through Forestry...6601 96. Global Climate Change...6701 97. Fresh Cut Flowers and Fresh Cut Greens Promotion and Information...6801 98. Department of Agriculture Reorganization...6901 99. Sheep Promotion, Research, and Information...7101 100. Agricultural Market Transition...7201 101. Agricultural Promotion...7401 102. Emergency Food Assistance...7501 103. Agricultural Research, Extension, and Education Reform...7601 104. Plant Protection...7701 105. Hass Avocado Promotion, Research, and Information...7801 106. Commodity Programs...7901 107. Renewable Energy Research and Development...8101 108. Tree Assistance Program...8201-2 -
TITLE 7 - CHAPTER 104 PLANT PROTECTION 109. Animal Health Protection...8301 110. Enhancing Controls on Dangerous Biological Agents and Toxins...8401 111. Brown Tree Snake Control and Eradication...8501 112. Biomass Research and Development [Repealed]...8601 113. Agricultural Commodity Support Programs...8701 114. Agricultural Security...8901-3 -
TITLE 7 - Section 7701 - Findings CHAPTER 104 PLANT PROTECTION Sec. 7701. Findings. 7702. Definitions. SUBCHAPTER I PLANT PROTECTION 7711. Regulation of movement of plant pests. 7712. Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance. 7712a. Reduction in backlog of agricultural export petitions. 7713. Notification and holding requirements upon arrival. 7714. General remedial measures for new plant pests and noxious weeds. 7715. Declaration of extraordinary emergency and resulting authorities. 7716. Recovery of compensation for unauthorized activities. 7717. Control of grasshoppers and Mormon crickets. 7718. Certification for exports. 7719. Methyl bromide. 7720. National plan for control and management of Sudden Oak Death. 7721. Plant pest and disease management and disaster prevention. SUBCHAPTER II INSPECTION AND ENFORCEMENT 7731. Inspections, seizures, and warrants. 7732. Collection of information. 7733. Subpoena authority. 7734. Penalties for violation. 7735. Enforcement actions of Attorney General. 7736. Court jurisdiction. SUBCHAPTER III MISCELLANEOUS PROVISIONS 7751. Cooperation. 7752. Buildings, land, people, claims, and agreements. 7753. Reimbursable agreements. 7754. Regulations and orders. 7755. Protection for mail handlers. 7756. Preemption. 7757. Severability. 7758. Repeal of superseded laws. 7759. Fees for inspection of plants for exporting or transiting. 7760. State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by United States Postal Service. 7761. National Clean Plant Network. SUBCHAPTER IV AUTHORIZATION OF APPROPRIATIONS 7771. Authorization of appropriations. 7772. Transfer authority. SUBCHAPTER V NOXIOUS WEED CONTROL AND ERADICATION 7781. Definitions. 7782. Establishment of program. 7783. Grants to weed management entities. 7784. Agreements. 7785. Relationship to other programs. 7786. Authorization of appropriations. - 4 -
TITLE 7 - Section 7701 - Findings 7701. Findings 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 1 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. Footnotes 1 So in original. (Pub. L. 106 224, title IV, 402, June 20, 2000, 114 Stat. 438.) 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. Short Title Pub. L. 106 224, title IV, 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. Pub. L. 106 224, title IV, 451, as added by Pub. L. 108 412, 1, Oct. 30, 2004, 118 Stat. 2320, provided that: This subtitle [subtitle E ( 451 457) of title IV of Pub. L. 106 224, enacting subchapter V of this chapter] may be cited as the Noxious Weed Control and Eradication Act of 2004. - 5 -
TITLE 7 - Section 7702 - Definitions 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. Regulations To Improve Management and Oversight of Certain Regulated Articles Pub. L. 110 234, title X, 10204, May 22, 2008, 122 Stat. 1343, and Pub. L. 110 246, 4(a), title X, 10204, June 18, 2008, 122 Stat. 1664, 2105, provided that: (a) In General. Not later than 18 months after the date of enactment of this Act [June 18, 2008], the Secretary [of Agriculture] shall (1) take action on each issue identified in the document entitled Lessons Learned and Revisions under Consideration for APHIS Biotechnology Framework, dated October 4, 2007; and (2) as the Secretary considers appropriate, promulgate regulations to improve the management and oversight of articles regulated under the Plant Protection Act (7 U.S.C. 7701 et seq.). (b) Inclusions. In carrying out subsection (a), the Secretary shall take actions that are designed to enhance (1) the quality and completeness of records; (2) the availability of representative samples; (3) the maintenance of identity and control in the event of an unauthorized release; (4) corrective actions in the event of an unauthorized release; (5) protocols for conducting molecular forensics; (6) clarity in contractual agreements; (7) the use of the latest scientific techniques for isolation and confinement distances; (8) standards for quality management systems and effective research; and (9) the design of electronic permits to store documents and other information relating to the permit and notification processes. (c) Consideration. In carrying out subsection (a), the Secretary shall consider (1) establishing (A) a system of risk-based categories to classify each regulated article; (B) a means to identify regulated articles (including the retention of seed samples); and (C) standards for isolation and containment distances; and (2) requiring permit holders (A) to maintain a positive chain of custody; (B) to provide for the maintenance of records; (C) to provide for the accounting of material; (D) to conduct periodic audits; (E) to establish an appropriate training program; (F) to provide contingency and corrective action plans; and (G) to submit reports as the Secretary considers to be appropriate. [Pub. L. 110 234 and Pub. L. 110 246 enacted identical provisions. Pub. L. 110 234 was repealed by section 4(a) of Pub. L. 110 246, set out as a note under section 8701 of this title.] 7702. Definitions In this chapter: - 6 -
TITLE 7 - Section 7702 - Definitions (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 - 7 -
TITLE 7 - CHAPTER 104 - SUBCHAPTER I PLANT PROTECTION 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. (Pub. L. 106 224, title IV, 403, June 20, 2000, 114 Stat. 438.) - 8 -
TITLE 7 - Section 7711 - Regulation of movement of plant pests SUBCHAPTER I PLANT PROTECTION 7711. Regulation of movement of plant pests (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 - 9 -
TITLE 7 - Section 7712 - Regulation of movement of plants, plant products, biological c... (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. (Pub. L. 106 224, title IV, 411, June 20, 2000, 114 Stat. 440.) 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. 7712. Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance (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 - 10 -
TITLE 7 - Section 7712 - Regulation of movement of plants, plant products, biological c... (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 - 11 -
TITLE 7 - Section 7712a - Reduction in backlog of agricultural export petitions 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. (Pub. L. 106 224, title IV, 412, June 20, 2000, 114 Stat. 441.) 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. 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. 7712a. Reduction in backlog of agricultural export petitions (a) Reduction efforts To the maximum extent practicable, the Secretary of Agriculture shall endeavor to reduce the backlog in the number of applications for permits for the export of United States agricultural commodities. In achieving such reduction, the Secretary shall not dilute or diminish existing personnel resources that are currently managing sanitary and phytosanitary issues for (1) United States agricultural commodities for which exportation is sought; and (2) interdiction and control of pests and diseases, including for the evaluation of pest and disease concerns of foreign agricultural commodities for which importation is sought. (b) Report The Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report specifying, for the year covered by the report (1) the total number of applications processed to completion; (2) the number of backlog applications processed to completion; (3) the percentage of backlog applications processed to completion; and (4) the number of backlog applications remaining. (Pub. L. 108 465, title II, 202, Dec. 21, 2004, 118 Stat. 3884.) Codification Section was enacted as part of the Specialty Crops Competitiveness Act of 2004, and not as part of the Plant Protection Act which comprises this chapter. 7713. Notification and holding requirements upon arrival (a) Duty of Secretary of the Treasury (1) Notification - 12 -
TITLE 7 - Section 7713 - Notification and holding requirements upon arrival 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. (Pub. L. 106 224, title IV, 413, June 20, 2000, 114 Stat. 443.) 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, - 13 -
TITLE 7 - Section 7714 - General remedial measures for new plant pests and noxious weeds 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. 7714. General remedial measures for new plant pests and noxious weeds (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 - 14 -
TITLE 7 - Section 7715 - Declaration of extraordinary emergency and resulting authoriti... 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. (Pub. L. 106 224, title IV, 414, June 20, 2000, 114 Stat. 444; Pub. L. 107 171, title X, 10418(b)(1), May 13, 2002, 116 Stat. 508.) Amendments 2002 Subsec. (b)(1). Pub. L. 107 171, 10418(b)(1)(A), struck out, or the owner s agent, after subsection (a) of this section. Subsec. (b)(2). Pub. L. 107 171, 10418(b)(1)(B), struck out or agent of the owner after the owner in two places. 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. 7715. Declaration of extraordinary emergency and resulting authorities (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; - 15 -
TITLE 7 - Section 7716 - Recovery of compensation for unauthorized activities (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 by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. (Pub. L. 106 224, title IV, 415, June 20, 2000, 114 Stat. 445; Pub. L. 107 171, title VII, 7504(a), May 13, 2002, 116 Stat. 465; Pub. L. 110 234, title X, 10203(a), May 22, 2008, 122 Stat. 1342; Pub. L. 110 246, 4(a), title X, 10203(a), June 18, 2008, 122 Stat. 1664, 2104.) Codification Pub. L. 110 234 and Pub. L. 110 246 made identical amendments to this section. The amendments by Pub. L. 110 234 were repealed by section 4(a) of Pub. L. 110 246. Amendments 2008 Subsec. (e). Pub. L. 110 246, 10203(a), struck out of longer than 60 days after or a review. 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. Effective Date of 2008 Amendment Amendment of this section and repeal of Pub. L. 110 234 by Pub. L. 110 246 effective May 22, 2008, the date of enactment of Pub. L. 110 234, see section 4 of Pub. L. 110 246, set out as an Effective Date note under section 8701 of this title. 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. 7716. Recovery of compensation for unauthorized activities (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 - 16 -
TITLE 7 - Section 7717 - Control of grasshoppers and Mormon crickets 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. (Pub. L. 106 224, title IV, 416, June 20, 2000, 114 Stat. 447.) 7717. Control of grasshoppers and Mormon crickets (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 - 17 -