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6 U.S.C. § 238 — Transfer of certain agricultural inspection functions of the Department of Agriculture
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
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Stable record: federal_law:legal_authorities:record_usc_340ecf475e741bb8a619ddbb
Source file: Laws/federal/codes/united-states-code/title-6/section-238-transfer-of-certain-agricultural-inspection-functions-of-the-department--85c78a719d.md
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Source location: Title 6, Chapter 1, § 238; chapter-001-homeland-security-organization.md
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**(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 of this section, the term “functions” does not include any quarantine activities carried out under the laws specified in subsection (b).
**(d) Effect of transfer**
(1) **Compliance with Department of Agriculture regulations** — The authority transferred pursuant to subsection (a) shall be exercised by the Secretary in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of the laws specified in subsection (b).
(2) **Rulemaking coordination** — The Secretary of Agriculture shall coordinate with the Secretary whenever the Secretary of Agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) under a law specified in subsection (b).
(3) **Effective administration** — The Secretary, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred pursuant to subsection (a).
**(e) Transfer agreement**
(1) **Agreement required; revision** — Before the end of the transition period, as defined in [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section541&num=0&edition=prelim), the Secretary of Agriculture and the Secretary shall enter into an agreement to effectuate the transfer of functions required by subsection (a) of this section. The Secretary of Agriculture and the Secretary may jointly revise the agreement as necessary thereafter.
(2) **Required terms** — The agreement required by this subsection shall specifically address the following:
(A) The supervision by the Secretary of Agriculture of the training of employees of the Secretary to carry out the functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection (f).
(3) **Cooperation and reciprocity** — The Secretary of Agriculture and the Secretary may include as part of the agreement the following:
(A) Authority for the Secretary to perform functions delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants, but not transferred to the Secretary pursuant to subsection (a).
(B) Authority for the Secretary of Agriculture to use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants.
**(f) Periodic transfer of funds to Department of Homeland Security**
(1) **Transfer of funds** — Out of funds collected by fees authorized under sections 136 and 136a of title 21, the Secretary of Agriculture shall transfer, from time to time in accordance with the agreement under subsection (e), to the Secretary funds for activities carried out by the Secretary for which such fees were collected.
(2) **Limitation** — The proportion of fees collected pursuant to such sections that are transferred to the Secretary under this subsection may not exceed the proportion of the costs incurred by the Secretary to all costs incurred to carry out activities funded by such fees.
**(g) Transfer of Department of Agriculture employees** Not later than the completion of the transition period defined under [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section541&num=0&edition=prelim), the Secretary of Agriculture shall transfer to the Secretary not more than 3,200 full-time equivalent positions of the Department of Agriculture.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter, or the amendments made by this chapter, affects the authority of the National Institute of Standards and Technology or the Department of Commerce relating to the development and promulgation of standards or guidelines under paragraphs (1) and (2) of [section 278g–3(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section278g–3/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 541
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter:
**(a) Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.
**(b)** The term “fish or wildlife” means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof.
**(c)** The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
**(d)** The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim).
**(e)** The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants.
**(f)** The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States.
**(g) Plant.—**
(1) **In general.—** — The terms “p
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3371
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called “flying foxes” or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; of the quagga mussel of the species Dreissena rostriformis or Dreissena bugensis; of the bighead carp of the species Hypophthalmichthys nobilis; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act,11 See References in Text note below. insofar as such importation is subject to regulation under that Act.
(2) As used in this subsection, the term “wild” relates to any cr
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 42
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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
It shall be unlawful for any person to disseminate, or cause to be disseminated, any false advertisement concerning seed, by the United States mails, or in interstate or foreign commerce, in any manner or by any means, including radio broadcasts: Provided, however, That no person, advertising agency, or medium for the dissemination of advertising, except the person who transported, delivered for transportation, sold, or offered for sale seed to which the false advertisement relates, shall be liable under this section by reason of disseminating or causing to be disseminated any false advertisement, unless he or it has refused, on the request of the Secretary of Agriculture, to furnish the Secretary the name and post-office address of the person, or advertising agency, residing in the United States, who caused, directly or indirectly, the dissemination of such advertisement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1581
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Agriculture is authorized to prohibit or restrict the importation or entry of honeybees and honeybee semen into or through the United States in order to prevent the introduction and spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable germ plasm of honeybees, or the introduction and spread of undesirable species or subspecies of honeybees and the semen of honeybees.
**(b) Regulations** The Secretary of Agriculture and the Secretary of the Treasury are each authorized to prescribe such regulations as the respective Secretary determines necessary to carry out this section.
**(c) Enforcement** Honeybees or honeybee semen offered for importation into, intercepted entering, or having entered the United States, other than in accordance with regulations promulgated by the Secretary of Agriculture and the Secretary of the Treasury, shall be destroyed or immediately exported.
**(d) “Honeybee” defined** As used in this chapter, the term “honeybee” means all life stages and the germ plasm of honeybees of the genus Apis, except honeybee semen.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 281
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act [[7 U.S.C. 2321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) et seq.] specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful for any person, firm, or corporation to prepare, sell, barter, or exchange in the District of Columbia, or in the Territories, or in any place under the jurisdiction of the United States, or to ship or deliver for shipment in or from the United States, the District of Columbia, any territory of the United States, or any place under the jurisdiction of the United States, any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product intended for use in the treatment of domestic animals, and no person, firm, or corporation shall prepare, sell, barter, exchange, or ship as aforesaid any virus, serum, toxin, or analogous product manufactured within the United States and intended for use in the treatment of domestic animals, unless and until the said virus, serum, toxin, or analogous product shall have been prepared, under and in compliance with regulations prescribed by the Secretary of Agriculture, at an establishment holding an unsuspended and unrevoked license issued by the Secretary of Agriculture as hereinafter authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 151
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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
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