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7 U.S.C. § 7712 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Article** — The term “article” means any material or tangible object that could harbor plant pests or noxious weeds.
(2) **Biological control organism** — The term “biological control organism” means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.
(3) **Enter and entry** — The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States.
(4) **Export and exportation** — The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States.
(5) **Import and importation** — The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States.
(6) **Interstate** — The term “interstate” means—
(A) from one State into or through any other State; or
(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
(7) **Interstate commerce** — The term “interstate commerce” means trade, traffic, or other commerce—
(A) between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or
(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
(8) **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.
(9) **Move and related terms** — The terms “move”, “moving”, and “movement” mean—
(A) to carry, enter, import, mail, ship, or transport;
(B) to aid, abet, cause, or induce the carryin
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Source file: Laws/federal/codes/united-states-code/title-7/section-7712-definitions--71829c10c4.md
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Source location: Title 7, Chapter 104, § 7712; chapter-104-plant-protection.md
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In this chapter:
(1) **Article** — The term “article” means any material or tangible object that could harbor plant pests or noxious weeds.
(2) **Biological control organism** — The term “biological control organism” means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.
(3) **Enter and entry** — The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States.
(4) **Export and exportation** — The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States.
(5) **Import and importation** — The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States.
(6) **Interstate** — The term “interstate” means—
(A) from one State into or through any other State; or
(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
(7) **Interstate commerce** — The term “interstate commerce” means trade, traffic, or other commerce—
(A) between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or
(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
(8) **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.
(9) **Move and related terms** — The terms “move”, “moving”, and “movement” mean—
(A) to carry, enter, import, mail, ship, or transport;
(B) to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting;
(C) to offer to carry, enter, import, mail, ship, or transport;
(D) to receive to carry, enter, import, mail, ship, or transport;
(E) to release into the environment; or
(F) to allow any of the activities described in a preceding subparagraph.
(10) **Noxious weed** — The term “noxious weed” means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.
(11) **Permit** — The term “permit” means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary.
(12) **Person** — The term “person” means any individual, partnership, corporation, association, joint venture, or other legal entity.
(13) **Plant** — The term “plant” means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.
(14) **Plant pest** — The term “plant pest” means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product:
(A) A protozoan.
(B) A nonhuman animal.
(C) A parasitic plant.
(D) A bacterium.
(E) A fungus.
(F) A virus or viroid.
(G) An infectious agent or other pathogen.
(H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs.
(15) **Plant product** — The term “plant product” means—
(A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or
(B) any manufactured or processed plant or plant part.
(16) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
(17) **State** — The term “State” means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
(18) **Systems approach** — For the purposes of [section 7712(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7712/e&num=0&edition=prelim), the term “systems approach” means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities.
(19) **This chapter** — Except when used in this section, the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter.
(20) **United States** — The term “United States” means all of the States.
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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
Page 2086
TITLE 7—AGRICULTURE
§ 7712
(a) governing consideration of import requests
are based on sound science and are transparent
and accessible.
(c) Authorization of movement of plant pests by
regulation
(1) Exception to permit requirement
The Secretary may issue regulations to
allow the importation, entry, exportation, or
movement in interstate commerce of specified
plant pests without further restriction if the
Secretary finds that a permit under subsection
(a) is not necessary.
(2) Petition to add or remove plant pests from
regulation
Any person may petition the Secretary to
add a plant pest to, or remove a plant pest
from, the regulations issued by the Secretary
under paragraph (1).
(3) Response to petition by the Secretary
In the case of a petition submitted under
paragraph (2), the Secretary shall act on the
petition within a reasonable time and notify
the petitioner of the final action the Secretary
takes on the petition. The Secretary’s deter-
mination on the petition shall be based on
sound science.
(d) Prohibition of unauthorized mailing of plant
pests
(1) In general
Any letter, parcel, box, or other package
containing any plant pest, whether sealed as
letter-rate postal matter or not, is non-
mailable and shall not knowingly be conveyed
in the mail or delivered from any post office or
by any mail carrier, unless the letter, parcel,
box, or other package is mailed in compliance
with such regulations as the Secretary may
issue to prevent the dissemination of plant
pests into the United States or interstate.
(2) Application of postal laws and regulations
Nothing in this subsection authorizes any
person to open any mailed letter or other
mailed sealed matter except in accordance
with the postal laws and regulations.
(e)
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 7712
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.