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7 U.S.C. § 8306 — Seizure, quarantine, and disposal
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may hold, seize, quarantine, treat, destroy, dispose of, or take other remedial action with respect to—
(1) any animal or progeny of any animal, article, or means of conveyance that—
(A) is moving or has been moved in interstate commerce or has been imported and entered; and
(B) the Secretary has reason to believe may carry, may have carried, or may have been affected with or exposed to any pest or disease of livestock at the time of movement or that is otherwise in violation of this chapter;
(2) any animal or progeny of any animal, article, or means of conveyance that is moving or is being handled, or has moved or has been handled, in interstate commerce in violation of this chapter;
(3) any animal or progeny of any animal, article, or means of conveyance that has been imported, and is moving or is being handled or has moved or has been handled, in violation of this chapter; or
(4) any animal or progeny of any animal, article, or means of conveyance that the Secretary finds is not being maintained, or has not been maintained, in accordance with any post-importation quarantine, post-importation condition, post-movement quarantine, or post-movement condition in accordance with this chapter.
**(b) Extraordinary emergencies**
(1) **In general** — Subject to paragraph (2), if the Secretary determines that an extraordinary emergency exists because of the presence in the United States of a pest or disease of livestock and that the presence of the pest or disease threatens the livestock of the United States, the Secretary may—
(A) hold, seize, treat, apply other remedial actions to, destroy (including preventative slaughter), or otherwise dispose of, any animal, article, facility, or means of conveyance if the Secretary determine
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Stable record: federal_law:legal_authorities:record_usc_11bc9f0f7347767cc4e487a4
Source file: Laws/federal/codes/united-states-code/title-7/section-8306-seizure-quarantine-and-disposal--afe514711f.md
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Source location: Title 7, Chapter 109, § 8306; chapter-109-animal-health-protection.md
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**(a) In general** The Secretary may hold, seize, quarantine, treat, destroy, dispose of, or take other remedial action with respect to—
(1) any animal or progeny of any animal, article, or means of conveyance that—
(A) is moving or has been moved in interstate commerce or has been imported and entered; and
(B) the Secretary has reason to believe may carry, may have carried, or may have been affected with or exposed to any pest or disease of livestock at the time of movement or that is otherwise in violation of this chapter;
(2) any animal or progeny of any animal, article, or means of conveyance that is moving or is being handled, or has moved or has been handled, in interstate commerce in violation of this chapter;
(3) any animal or progeny of any animal, article, or means of conveyance that has been imported, and is moving or is being handled or has moved or has been handled, in violation of this chapter; or
(4) any animal or progeny of any animal, article, or means of conveyance that the Secretary finds is not being maintained, or has not been maintained, in accordance with any post-importation quarantine, post-importation condition, post-movement quarantine, or post-movement condition in accordance with this chapter.
**(b) Extraordinary emergencies**
(1) **In general** — Subject to paragraph (2), if the Secretary determines that an extraordinary emergency exists because of the presence in the United States of a pest or disease of livestock and that the presence of the pest or disease threatens the livestock of the United States, the Secretary may—
(A) hold, seize, treat, apply other remedial actions to, destroy (including preventative slaughter), or otherwise dispose of, any animal, article, facility, or means of conveyance if the Secretary determines the action is necessary to prevent the dissemination of the pest or disease; and
(B) prohibit or restrict the movement or use within a State, or any portion of a State of any animal or article, means of conveyance, or facility if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of the pest or disease.
(2) **State action**
(A) *In general* — The Secretary may take action in a State under this subsection only on finding that measures being taken by the State are inadequate to control or eradicate the pest or disease, after review and consultation with—
(i) 11 So in original. Opening quotation marks probably should not appear. the Governor or an appropriate animal health official of the State; or
(ii) 1 in the case of any animal, article, facility, or means of conveyance under the jurisdiction of an Indian tribe, the head of the Indian tribe.
(B) *Notice* — Subject to subparagraph (C), before any action is taken in a State under subparagraph (A), the Secretary shall—
(i) notify the Governor, an appropriate animal health official of the State, or head of the Indian tribe of the proposed action;
(ii) issue a public announcement of the proposed action; and
(iii) publish in the Federal Register—
(I) the findings of the Secretary;
(II) a description of the proposed action; and
(III) a statement of the reasons for the proposed action.
(C) *Notice after action* — If it is not practicable to publish in the Federal Register the information required under subparagraph (B)(iii) before taking action under subparagraph (A), the Secretary shall publish the information as soon as practicable, but not later than 10 business days, after commencement of the action.
**(c) Quarantine, disposal, or other remedial action**
(1) **In general** — The Secretary, in writing, may order the owner of any animal, article, facility, or means of conveyance referred to in subsection (a) or (b) to maintain in quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance, in a manner determined by the Secretary.
(2) **Failure to comply with orders** — If the owner fails to comply with the order of the Secretary, the Secretary may—
(A) seize, quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance under subsection (a) or (b); and
(B) recover from the owner the costs of any care, handling, disposal, or other remedial action incurred by the Secretary in connection with the seizure, quarantine, disposal, or other remedial action.
**(d) Compensation**
(1) **In general** — Except as provided in paragraph (3), the Secretary shall compensate the owner of any animal, article, facility, or means of conveyance that the Secretary requires to be destroyed under this section.
(2) **Amount**
(A) *In general* — Subject to subparagraphs (B) and (C), the compensation shall be based on the fair market value, as determined by the Secretary, of the destroyed animal, article, facility, or means of conveyance.
(B) *Limitation* — Compensation paid any owner under this subsection shall not exceed the difference between—
(i) the fair market value of the destroyed animal, article, facility, or means of conveyance; and
(ii) any compensation received by the owner from a State or other source for the destroyed animal, article, facility, or means of conveyance.
(C) *Reviewability* — The determination by the Secretary of the amount to be paid under this subsection shall be final and not subject to judicial review or review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary.
(3) **Exceptions** — No payment shall be made by the Secretary under this subsection for—
(A) any animal, article, facility, or means of conveyance that has been moved or handled by the owner in violation of an agreement for the control and eradication of diseases or pests or in violation of this chapter;
(B) any progeny of any animal or article, which animal or article has been moved or handled by the owner of the animal or article in violation of this chapter;
(C) any animal, article, or means of conveyance that is refused entry under this chapter; or
(D) any animal, article, facility, or means of conveyance that becomes or has become affected with or exposed to any pest or disease of livestock because of a violation of an agreement for the control and eradication of diseases or pests or a violation of this chapter by the owner.
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds that—
(1) the prevention, detection, control, and eradication of diseases and pests of animals are essential to protect—
(A) animal health;
(B) the health and welfare of the people of the United States;
(C) the economic interests of the livestock and related industries of the United States;
(D) the environment of the United States; and
(E) interstate commerce and foreign commerce of the United States in animals and other articles;
(2) animal diseases and pests are primarily transmitted by animals and articles regulated under this chapter;
(3) the health of animals is affected by the methods by which animals and articles are transported in interstate commerce and foreign commerce;
(4) the Secretary must continue to conduct research on animal diseases and pests that constitute a threat to the livestock of the United States; and
(5)
(A) all animals and articles regulated under this chapter are in or affect interstate commerce or foreign commerce; and
(B) regulation by the Secretary and cooperation by the Secretary with foreign countries, States or other jurisdictions, or persons are necessary—
(i) to prevent and eliminate burdens on interstate commerce and foreign commerce;
(ii) to regulate effectively interstate commerce and foreign commerce; and
(iii) to protect the agriculture, environment, economy, and health and welfare of the people of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8301
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
Page 2189
TITLE 7—AGRICULTURE
§ 8306
1 So in original. Opening quotation marks probably should not
appear.
consistent with international standards for catego-
rizing compartments as having negligible risk for
trichinae.
‘‘(b) FINAL REGULATIONS.—Not later than one year
after the date on which the international standards re-
ferred to in subsection (a) are adopted, the Secretary
shall finalize the rule amended under such subsection.’’
Pub. L. 110–234, title XI, § 11010(a), (b), May 22, 2008,
122 Stat. 1359, and Pub. L. 110–246, § 4(a), title XI,
§ 11010(a), (b), June 18, 2008, 122 Stat. 1664, 2121, provided
that:
‘‘(a) VOLUNTARY TRICHINAE CERTIFICATION.—
‘‘(1) ESTABLISHMENT.—Not later than 90 days after
the date of the enactment of this Act [June 18, 2008],
the Secretary of Agriculture shall establish a vol-
untary trichinae certification program. Such pro-
gram shall include the facilitation of the export of
pork products and certification services related to
such products.
‘‘(2) REGULATIONS.—The Secretary shall issue final
regulations to implement the program under para-
graph (1) not later than 90 days after the date of the
enactment of this Act.
‘‘(3) REPORT.—If final regulations are not published
in accordance with paragraph (2) within 90 days of the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a re-
port containing—
‘‘(A) an explanation of why the final regulations
have not been issued in accordance with paragraph
(2); and
‘‘(B) the date on which the Secretary expects to
issue such final regulations.
‘‘(b) FUNDING.—Subject to the availability of appro-
priations under subsection (d)(1)(A
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8306
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