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7 U.S.C. § 8301 — Findings
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.
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Stable record: federal_law:legal_authorities:record_usc_274fd951dbf2c2a7a5874c9c
Source file: Laws/federal/codes/united-states-code/title-7/section-8301-findings--452f01825b.md
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Source location: Title 7, Chapter 109, § 8301; chapter-109-animal-health-protection.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, June 17, 1930, ch. 497, title III, § 306, 46 Stat. 689; Pub. L. 85–867, Sept. 2, 1958, 72 Stat. 1685; Pub. L. 90–201, § 18, Dec. 15, 1967, 81 Stat. 600; Pub. L. 100–449, title III, § 301(f)(5), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103–182, title III, § 361(d)(1), Dec. 8, 1993, 107 Stat. 2123; Pub. L. 103–465, title IV, § 431(g), Dec. 8, 1994, 108 Stat. 4969, prohibited the importation of cattle, sheep, swine, and meats in certain cases.
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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) Civil penalties**
(1) Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of this chapter, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to recordkeeping or filing of reports), (f) or (g) of [section 1538 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538&num=0&edition=prelim), may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of any other regulation issued under this chapter may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. Any person who otherwise violates any provision of this chapter, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $500 for each such violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court sh
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1540
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Quarantine and inspection fees**
(1) **Fees authorized** — The Secretary of Agriculture may prescribe and collect fees sufficient—
(A) to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car;
(B) to cover the cost of administering this subsection; and
(C) through fiscal year 2002, to maintain a reasonable balance in the Agricultural Quarantine Inspection User Fee Account established under paragraph (5).
(2) **Limitation** — In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of the services with respect to passengers as a class includes the costs of related inspections of the aircraft or other vehicle.
(3) **Status of fees** — Fees collected under this subsection by any person on behalf of the Secretary are held in trust for the United States and shall be remitted to the Secretary in such manner and at such times as the Secretary may prescribe.
(4) **Late payment penalties** — If a person subject to a fee under this subsection fails to pay the fee when due, the Secretary shall assess a late payment penalty, and the overdue fees shall accrue interest, as required by [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim).
(5) **Agricultural Quarantine Inspection User Fee
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “administering office” means the lowest unit of an agency responsible for managing a domestic assistance program.
(2) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim).
(3) “assistance”—
(A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including—
(i) financial assistance;
(ii) United States Government facilities, services, and property; and
(iii) expert and technical information; and
(B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government.
(4) “domestic assistance program”—
(A) means assistance from an agency for—
(i) a State;
(ii) the District of Columbia;
(iii) a territory or possession of the United States;
(iv) a county;
(v) a city;
(vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A);
(vii) a domestic corporation;
(viii) a domestic institution; and
(ix) an individual of the United States; and
(B) does not include assistance from an agency for an agency.
(5) “Director” means the Director of the Office of Management and Budget.
(6) “Administrator” means the Administrator of General Services.
(7) “formula” means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either—
(A) a closed mathematical statement; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfer of agricultural import and entry inspection functions** There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under the laws specified in subsection (b).
**(b) Covered animal and plant protection laws** The laws referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin Act (the eighth paragraph under the heading “Bureau of Animal Industry” in the Act of March 4, 1913; [21 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151&num=0&edition=prelim) et seq.).
(2) Section 1 of the Act of August 31, 1922 (commonly known as the Honeybee Act; [7 U.S.C. 281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section281&num=0&edition=prelim)).
(3) Title III of the Federal Seed Act ([7 U.S.C. 1581](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1581&num=0&edition=prelim) et seq.).
(4) The Plant Protection Act ([7 U.S.C. 7701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7701&num=0&edition=prelim) et seq.).
(5) The Animal Health Protection Act (subtitle E of title X of Public Law 107–171; [7 U.S.C. 8301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8301&num=0&edition=prelim) et seq.).
(6) The Lacey Act Amendments of 1981 ([16 U.S.C. 3371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3371&num=0&edition=prelim) et seq.).
(7) Section 11 of the Endangered Species Act of 1973 ([16 U.S.C. 1540](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540&num=0&edition=prelim)).
**(c) Exclusion of quarantine activities** For purposes
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 238
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report** The Secretary of Agriculture shall investigate and submit to Congress a report on—
(1) the scope of nonambulatory livestock;
(2) the causes that render livestock nonambulatory;
(3) the humane treatment of nonambulatory livestock; and
(4) the extent to which nonambulatory livestock may present handling and disposition problems for stockyards, market agencies, and dealers.
**(b) Authority** Based on the findings of the report, if the Secretary determines it necessary, the Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market agencies, and dealers.
**(c) Administration and enforcement** For the purpose of administering and enforcing any regulations promulgated under subsection (b), the authorities provided under sections 10414 [[7 U.S.C. 8313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8313&num=0&edition=prelim)] and 10415 [[7 U.S.C. 8314](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8314&num=0&edition=prelim)] shall apply to the regulations in a similar manner as those sections apply to the Animal Health Protection Act [[7 U.S.C. 8301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8301&num=0&edition=prelim) et seq.]. Any person that violates regulations promulgated under subsection (b) shall be subject to penalties provided in section 10414.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1907
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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
**(a) In general** With notice to the Secretary of the Treasury and public notice as soon as practicable, the Secretary may prohibit or restrict—
(1) the importation or entry of any animal, article, or means of conveyance, or use of any means of conveyance or facility, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;
(2) the further movement of any animal that has strayed into the United States if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock; and
(3) the use of any means of conveyance in connection with the importation or entry of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement of livestock.
**(b) Regulations**
(1) **Restrictions on import and entry** — The Secretary may issue such orders and promulgate such regulations as are necessary to carry out subsection (a).
(2) **Post importation quarantine** — The Secretary may promulgate regulations requiring that any animal imported or entered be raised or handled under post-importation quarantine conditions by or under the supervision of the Secretary for the purpose of determining whether the animal is or may be affected by any pest or disease of livestock.
**(c) Destruction or removal**
(1) **In general** — The Secretary may order the destruction or removal from the United States of—
(A) any animal, article, or means of conveyance that has been im
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8303
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8306
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