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7 U.S.C. § 8921 — Agriculture and food defense
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Animal** — The term “animal” has the meaning given the term in [section 8302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8302&num=0&edition=prelim).
(2) **Disease or pest of concern** — The term “disease or pest of concern” means a plant or animal disease or pest that—
(A) is—
(i) a transboundary disease; or
(ii) an established disease; and
(B) is likely to pose a significant risk to the food and agriculture critical infrastructure sector that warrants efforts at prevention, protection, mitigation, response, and recovery.
(3) **Established disease** — The term “established disease” means a plant or animal disease or pest that—
(A)
(i) if it becomes established, poses an imminent threat to agriculture in the United States; or
(ii) has become established, as defined by the Secretary, within the United States; and
(B) requires management.
(4) **High-consequence plant transboundary disease** — The term “high-consequence plant transboundary disease” means a transboundary disease that is—
(A)
(i) a plant disease; or
(ii) a plant pest; and
(B) of high consequence, as determined by the Secretary.
(5) **Pest** — The term “pest”—
(A) with respect to a plant, has the meaning given the term “plant pest” in [section 7702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7702&num=0&edition=prelim); and
(B) with respect to an animal, has the meaning given the term in [section 8302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8302&num=0&edition=prelim).
(6) **Plant** — The term “plant” has the meaning given the term in [section 7702 of this title](https://
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Source file: Laws/federal/codes/united-states-code/title-7/section-8921-agriculture-and-food-defense--5ba65a676a.md
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Source location: Title 7, Chapter 114, § 8921; chapter-114-agricultural-security.md
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**(a) Definitions** In this section:
(1) **Animal** — The term “animal” has the meaning given the term in [section 8302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8302&num=0&edition=prelim).
(2) **Disease or pest of concern** — The term “disease or pest of concern” means a plant or animal disease or pest that—
(A) is—
(i) a transboundary disease; or
(ii) an established disease; and
(B) is likely to pose a significant risk to the food and agriculture critical infrastructure sector that warrants efforts at prevention, protection, mitigation, response, and recovery.
(3) **Established disease** — The term “established disease” means a plant or animal disease or pest that—
(A)
(i) if it becomes established, poses an imminent threat to agriculture in the United States; or
(ii) has become established, as defined by the Secretary, within the United States; and
(B) requires management.
(4) **High-consequence plant transboundary disease** — The term “high-consequence plant transboundary disease” means a transboundary disease that is—
(A)
(i) a plant disease; or
(ii) a plant pest; and
(B) of high consequence, as determined by the Secretary.
(5) **Pest** — The term “pest”—
(A) with respect to a plant, has the meaning given the term “plant pest” in [section 7702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7702&num=0&edition=prelim); and
(B) with respect to an animal, has the meaning given the term in [section 8302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8302&num=0&edition=prelim).
(6) **Plant** — The term “plant” has the meaning given the term in [section 7702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7702&num=0&edition=prelim).
(7) **Plant health management strategy** — The term “plant health management strategy” means a strategy to timely control and eradicate a plant disease or plant pest outbreak, including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the use of existing resistant seed stock.
(8) **Transboundary disease**
(A) *In general* — The term “transboundary disease” means a plant or animal disease or pest that is within 1 or more countries outside of the United States.
(B) *Inclusion* — The term “transboundary disease” includes a plant or animal disease or pest described in subparagraph (A) that—
(i) has emerged within the United States; or
(ii) has been introduced within the United States.
(9) **Veterinary countermeasure** — The term “veterinary countermeasure” has the meaning given such term in [section 8302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8302&num=0&edition=prelim).
**(b) Disease or Pest of Concern Response Planning**
(1) **In general** — The Secretary shall—
(A) establish a list of diseases or pests of concern by—
(i) developing a process to solicit and receive expert opinion and evidence relating to the diseases or pests of concern entered on the list; and
(ii) reviewing all available evidence relating to the diseases or pests of concern entered on the list, including classified information; and
(B) periodically update the list established under subparagraph (A).
(2) **Response plans**
(A) *Comprehensive strategic response plan or plans* — The Secretary shall develop, in collaboration with appropriate Federal, State, regional, and local officials, a comprehensive strategic response plan or plans, as appropriate, for the diseases or pests of concern that are entered on the list established under paragraph (1).
(B) *State or region response plan or plans* — The Secretary shall provide information to a State or region to assist in producing a response plan or plans that shall include a concept of operations for a disease or pest of concern or a platform concept of operations for responses to similar diseases or pests of concern that are determined to be a priority to the State or region that shall, as appropriate—
(i) describe the appropriate interactions among, and roles of—
(I) Federal, State, Tribal, and units of local government; and
(II) plant or animal industry partners;
(ii) include a decision matrix or dynamic decision modeling tools that, as appropriate, include—
(I) information and timing requirements necessary for the use of veterinary countermeasures;
(II) plant health management strategies;
(III) deployment of other key materials and resources; and
(IV) parameters for transitioning from outbreak response to disease management;
(iii) identify key response performance metrics to establish—
(I) benchmarking to provide assessments of capabilities, capacity, and readiness to achieve response goals and objectives;
(II) progressive exercise evaluation; and
(III) continuing improvement of a response plan, including by providing for—
(aa) ongoing exercises;
(bb) improvement planning and the implementation of corrective actions to enhance a response plan over time; and
(cc) strategic information to guide investment in any appropriate research to mitigate the risk of a disease or pest of concern; and
(iv) be updated periodically, including in response to—
(I) an exercise evaluation; or
(II) new risk information becoming available regarding a disease or pest of concern.
(3) **Coordination of plans** — Pursuant to [section 6922(d)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6922/d/6&num=0&edition=prelim), as added by section 12202, the Secretary shall, as appropriate, assist in coordinating with other appropriate Federal, State, regional, or local officials in the exercising of the plans developed under paragraph (2).
**(c) National Plant Diagnostic Network**
(1) **In general** — The Secretary shall establish in the Department of Agriculture a National Plant Diagnostic Network to monitor and surveil through diagnostics threats to plant health from diseases or pests of concern in the United States.
(2) **Requirements** — The National Plant Diagnostic Network established under paragraph (1) shall—
(A) provide for increased awareness, surveillance, early identification, rapid communication, warning, and diagnosis of a threat to plant health from a disease or pest of concern to protect natural and agricultural plant resources;
(B) coordinate and collaborate with agencies of the Department of Agriculture and State agencies and authorities involved in plant health;
(C) establish diagnostic laboratory standards;
(D) establish regional hubs throughout the United States that provide expertise, leadership, and support to diagnostic labs relating to the agricultural crops and plants in the covered regions of those hubs; and
(E) establish a national repository for records of endemic or emergent diseases and pests of concern.
(3) **Head of network**
(A) *In general* — The Director of the National Institute of Food and Agriculture shall serve as the head of the National Plant Diagnostic Network.
(B) *Duties* — The head of the National Plant Diagnostic Network shall—
(i) coordinate and collaborate with land-grant colleges and universities (as defined in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section3103&num=0&edition=prelim)) in carrying out the requirements under paragraph (2), including through cooperative agreements described in paragraph (4);
(ii) partner with the Administrator of the Animal and Plant Health Inspection Service for assistance with plant health regulation and inspection; and
(iii) coordinate with other Federal agencies, as appropriate, in carrying out activities relating to the National Plant Diagnostic Network, including the sharing of biosurveillance information.
(4) **Collaboration with land-grant colleges and universities** — The Secretary shall seek to establish cooperative agreements with land-grant colleges and universities (as defined in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section3103&num=0&edition=prelim)) that have the appropriate level of skill, experience, and competence with plant diseases or pests of concern.
(5) **Authorization of appropriations** — In addition to the amount authorized to carry out this subtitle under section 12205,11 See References in Text note below. there is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2019 through 2023.
**(d) National Plant Disease Recovery System**
(1) **Recovery System** — The Secretary shall establish in the Department of Agriculture a National Plant Disease Recovery System to engage in strategic long-range planning to recover from high-consequence plant transboundary diseases.
(2) **Requirements** — The National Plant Disease Recovery System established under paragraph (1) shall—
(A) coordinate with disease or pest of concern concept of operations response plans;
(B) make long-range plans for the initiation of future research projects relating to high-consequence plant transboundary diseases;
(C) establish research plans for long-term recovery;
(D) plan for the identification and use of specific genotypes, cultivars, breeding lines, and other disease-resistant materials necessary for crop stabilization or improvement; and
(E) establish a watch list of high-consequence plant transboundary diseases for the purpose of making long-range plans under subparagraph (B).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
In this chapter:
(1) **Animal** — The term “animal” means any member of the animal kingdom (except a human).
(2) **Article** — The term “article” means any pest or disease or any material or tangible object that could harbor a pest or disease.
(3) **Disease** — The term “disease” has the meaning given the term by the Secretary.
(4) **Enter** — The term “enter” means to move into the commerce of the United States.
(5) **Export** — The term “export” means to move from a place within the territorial limits of the United States to a place outside the territorial limits of the United States.
(6) **Facility** — The term “facility” means any structure.
(7) **Import** — The term “import” means to move from a place outside the territorial limits of the United States to a place within the territorial limits of the United States.
(8) **Indian tribe** — The term “Indian tribe” has the meaning given the term in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(9) **Interstate commerce** — The term “interstate commerce” means trade, traffic, or other commerce—
(A) between a place in a State and a place in another State, or between places within the same State but through any place outside that State; or
(B) within the District of Columbia or any territory or possession of the United States.
(10) **Livestock** — The term “livestock” means all farm-raised animals.
(11) **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.
(12) **Move** — The term “move” means—
(A) to carry, enter, import, mail, ship, or transport;
(B) to aid, abet, cause, or induce carrying, entering, import
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8302
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Agent** — The term “agent” means a nuclear, biological, chemical, or radiological substance that causes agricultural disease or the adulteration of products regulated by the Secretary of Agriculture under any provision of law.
(2) **Agricultural biosecurity** — The term “agricultural biosecurity” means protection from an agent that poses a threat to—
(A) plant or animal health;
(B) public health as it relates to the adulteration of products regulated by the Secretary of Agriculture under any provision of law that is caused by exposure to an agent; or
(C) the environment as it relates to agriculture facilities, farmland, and air and water within the immediate vicinity of an area associated with an agricultural disease or outbreak.
(3) **Agricultural countermeasure** — The term “agricultural countermeasure”—
(A) means a product, practice, or technology that is intended to enhance or maintain the agricultural biosecurity of the United States; and
(B) does not include a product, practice, or technology used solely in response to a human medical incident or public health emergency not related to agriculture.
(4) **Agricultural disease** — The term “agricultural disease” has the meaning given the term by the Secretary.
(5) **Agricultural disease emergency** — The term “agricultural disease emergency” means an incident of agricultural disease that requires prompt action to prevent significant damage to people, plants, or animals.
(6) **Agroterrorist act** — The term “agroterrorist act” means an act that—
(A) causes or attempts to cause—
(i) damage to agriculture; or
(ii) injury to a person associated with agriculture; and
(B) is committed or appears to be committed with the intent to—
(i) intimidate or coerce a c
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8911
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall establish for the Department, in the Office of the Secretary, an Office of Energy Policy and New Uses.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6922
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants** To carry out [section 7783 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7783&num=0&edition=prelim), there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs.
**(b) Agreements** To carry out [section 7784 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7784&num=0&edition=prelim), there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs of Federal agencies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7702
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter:
(1) The term “Advisory Board” means the National Agricultural Research, Extension, Education, and Economics Advisory Board.
(2) The term “agricultural research” means research in the food and agricultural sciences.
(3) The term “aquaculture” means the propagation and rearing of aquacultural species, including, but not limited to, any species of finfish, mollusk, or crustacean (or other aquatic invertebrate), amphibian, reptile, ornamental fish, or aquatic plant, in controlled or selected environments.
(4) **College and university.—**
(A) *In general.—* — The terms “college” and “university” mean an educational institution in any State which (i) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (ii) is legally authorized within such State to provide a program of education beyond secondary education, (iii) provides an educational program for which a bachelor’s degree or any other higher degree is awarded, (iv) is a public or other nonprofit institution, and (v) is accredited by a nationally recognized accrediting agency or association.
(B) *Inclusions.—* — The terms “college” and “university” include a research foundation maintained by a college or university described in subparagraph (A).
(5) **Cooperating forestry school.—**
(A) *In general.—* — The term “cooperating forestry school” means an institution—
(i) that is eligible to receive funds under Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act; [16 U.S.C. 582a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section582a&num=0&edition=prelim) et seq.); and
(ii) with respect to which the Secreta
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 3103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
Page 2255
TITLE 7—AGRICULTURE
§ 8921
1 See References in Text note below.
experience, and competence with plant dis-
eases or pests of concern.
(5) Authorization of appropriations
In addition to the amount authorized to
carry out this subtitle under section 12205,1
there is authorized to be appropriated to carry
out this subsection $15,000,000 for each of fiscal
years 2019 through 2023.
(d) National Plant Disease Recovery System
(1) Recovery System
The Secretary shall establish in the Depart-
ment of Agriculture a National Plant Disease
Recovery System to engage in strategic long-
range planning to recover from high-con-
sequence plant transboundary diseases.
(2) Requirements
The National Plant Disease Recovery Sys-
tem established under paragraph (1) shall—
(A) coordinate with disease or pest of con-
cern concept of operations response plans;
(B) make long-range plans for the initi-
ation of future research projects relating to
high-consequence plant transboundary dis-
eases;
(C) establish research plans for long-term
recovery;
(D) plan for the identification and use of
specific genotypes, cultivars, breeding lines,
and other disease-resistant materials nec-
essary for crop stabilization or improve-
ment; and
(E) establish a watch list of high-con-
sequence plant transboundary diseases for
the purpose of making long-range plans
under subparagraph (B).
(Pub. L. 115–334, title XII, § 12203, Dec. 20, 2018,
132 Stat. 4946.)
Editorial Notes
REFERENCES IN TEXT
Section 12202, referred to in subsec. (b)(3), means sec-
tion 12202 of Pub. L. 115–334, title XII, Dec. 20, 2018, 132
Stat. 4944, which enacted section 6922 of this title.
The amount authorized to carry out this subtitle
under section 12205, referred to in subsec. (c)(5), means
the amount
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8921
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.