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7 U.S.C. § 7733 — Inspections, seizures, and warrants

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7733 — Inspections, seizures, and warrants

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7715&num=0&edition=prelim) 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 Uni

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Stable record: federal_law:legal_authorities:record_usc_2015782f6f1275d676bfdb2a
Source file: Laws/federal/codes/united-states-code/title-7/section-7733-inspections-seizures-and-warrants--df06e0128b.md
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Passage SHA-256: 85d86716ea971f440a5a406fa562a2f40854df15c2f5e5700306abb902af55e9

Source location: Title 7, Chapter 104, § 7733; chapter-104-plant-protection.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7701 — Relationship to other programs

Funds under this Act (other than those made available for [section 7784(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7784/f&num=0&edition=prelim)) are intended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity under this Act (other than those made available for [section 7784(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7784/f&num=0&edition=prelim)) shall have no effect on the amount of any payment received by a county from the Federal Government under chapter 69 of title 31.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(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

7 U.S.C. § 7715 — Notification and holding requirements upon arrival

**(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 Se

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7715

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8401 — Regulation of certain biological agents and toxins

**(a) Regulatory control of certain biological agents and toxins** (1) **List of biological agents and toxins** (A) *In general* — The Secretary of Agriculture shall by regulation establish and maintain a list of each biological agent and each toxin that the Secretary determines has the potential to pose a severe threat to animal or plant health, or to animal or plant products. (B) *Criteria* — In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall— (i) consider— (I) the effect of exposure to the agent or toxin on animal or plant health, and on the production and marketability of animal or plant products; (II) the pathogenicity of the agent or the toxicity of the toxin and the methods by which the agent or toxin is transferred to animals or plants; (III) the availability and effectiveness of pharmacotherapies and prophylaxis to treat and prevent any illness caused by the agent or toxin; (IV) (aa) whether such inclusion would have a substantial negative impact on the research and development of solutions for the animal or plant disease caused by the agent or toxin; and (bb) whether the negative impact described in item (aa) would substantially outweigh the risk posed by the agent or toxin to animal or plant health if it is not included on the list; and (V) any other criteria that the Secretary considers appropriate to protect animal or plant health, or animal or plant products; and (ii) consult with appropriate Federal departments and agencies and with scientific experts representing appropriate professional groups. (2) **Biennial review** — The Secretary shall review and republish the list under paragraph (1) biennially, or more often as needed, an

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8401

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 7733 — Subpoena authority

Page 2095 TITLE 7—AGRICULTURE § 7733 1 So in original. Probably should be ‘‘magistrate judges’s’’. (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 prod- uct, biological control organism, plant pest, noxious weed, or article subject to this chap- ter; and (3) in intrastate commerce from or within any State, portion of a State, or premises quarantined as part of a extraordinary emer- gency 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 pur- pose 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 cer- tain premises any plant, plant product, bio- logical 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’

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7733

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