7 U.S.C. § 8301 — Findings

Page 2185 TITLE 7—AGRICULTURE § 8301 1 See References in Text note below. tled to receive payments under this chapter may not exceed 500 acres. (c) Regulations The Secretary shall promulgate regulations— (1) defining the term ‘‘person’’ for the pur- poses of this chapter, which shall conform, to the maximum extent practicable, to the regu- lations defining the term ‘‘person’’ promul- gated under section 1308 of this title (before the amendment made by section 1603(a) 1 of the Food, Conservation, and Energy Act of 2008); and (2) promulgating such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limita- tion established under this section. (Pub. L. 107–171, title X, § 10204, May 13, 2002, 116 Stat. 491; Pub. L. 110–234, title I, § 1603(g)(4), May 22, 2008, 122 Stat. 1011; Pub. L. 110–246, § 4(a), title I, § 1603(g)(4), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709.) Editorial Notes REFERENCES IN TEXT Section 1308 of this title (before the amendment made by section 1603(a) of the Food, Conservation, and En- ergy Act of 2008), referred to in subsec. (c)(1), means section 1308 of this title before the amendment by sec- tion 1603(a) of Pub. L. 110–246, which amended the defi- nition of ‘‘covered commodity’’ in section 1308(a)(1). Section 1603(b) of Pub. L. 110–246 amended section 1308 by, among other things, adding subsec. (a)(4) which de- fined ‘‘person’’ and striking out subsec. (e) which re- lated to issuance of regulations defining ‘‘person’’. The amendments by section 1603 of Pub. L. 110–246 to sec- tion 1308 were effective May 22, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2014—Subsec. (c)(1). Pub. L. 113–79 amended language inserted by Pub. L. 110–246, § 1603(g)(4). See 2008 Amend- ment note below. 2008—Subsec. (c)(1). Pub. L. 110–246, § 1603(g)(4), as amended by Pub. L. 113–79, § 1609(b)(1), inserted ‘‘(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)’’ after ‘‘section 1308 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. § 8205. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this chapter. (Pub. L. 107–171, title X, § 10205, May 13, 2002, 116 Stat. 491.) CHAPTER 109—ANIMAL HEALTH PROTECTION Sec. 8301. Findings. 8302. Definitions. 8303. Restriction on importation or entry. 8304. Exportation. 8305. Interstate movement. 8306. Seizure, quarantine, and disposal. 8307. Inspections, seizures, and warrants. 8308. Detection, control, and eradication of dis- eases and pests. 8308a. Animal disease prevention and management. 8309. Veterinary accreditation program. 8310. Cooperation. 8311. Reimbursable agreements. 8312. Administration and claims. 8313. Penalties. 8314. Enforcement. 8315. Regulations and orders. 8316. Authorization of appropriations. 8317. Effect on regulations. 8318. Veterinary training. 8319. Surveillance of zoonotic diseases. 8320. Expansion of Animal and Plant Health In- spection Service activities. 8321. Pest and Disease Response Fund. 8322. National aquatic animal health plan. § 8301. Findings 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 com- merce 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 for- eign 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 coopera- tion 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 com- merce and foreign commerce; and (iii) to protect the agriculture, environ- ment, economy, and health and welfare of the people of the United States. (Pub. L. 107–171, title X, § 10402, May 13, 2002, 116 Stat. 494.) Page 2186 TITLE 7—AGRICULTURE § 8302 Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (2) and (5)(A), was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 107–171, title X, § 10401, May 13, 2002, 116 Stat. 494, provided that: ‘‘This subtitle [subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, enacting this chapter, amending sections 7714 and 7733 of this title, section 1540 of Title 16, Conservation, and sections 136a and 618 of Title 21, Food and Drugs, and repealing sec- tions 429, 2260, 2260a of this title, section 1306 of Title 19, Customs Duties, sections 102 to 105, 111, 112, 113, 114 to 114d–1, 114e to 114h, 115 to 131, 134 to 135b, 612 to 614 of Title 21, sections 3901 and 3902 of Title 46, Shipping, and provisions set out as a note under section 129a of Title 21] may be cited as the ‘Animal Health Protection Act’.’’ TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 8302. Definitions 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 dis- ease 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. (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 out- side 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 prop- erty. (12) Move The term ‘‘move’’ means— (A) to carry, enter, import, mail, ship, or transport; (B) to aid, abet, cause, or induce carrying, entering, importing, mailing, shipping, or transporting; (C) to offer to carry, enter, import, mail, ship, or transport; (D) to receive in order to carry, enter, im- port, mail, ship, or transport; (E) to release into the environment; or (F) to allow any of the activities described in this paragraph. (13) Pest The term ‘‘pest’’ means any of the following that can directly or indirectly injure, cause damage to, or cause disease in livestock: (A) A protozoan. (B) A plant. (C) A bacteria. (D) A fungus. (E) A virus or viroid. (F) An infectious agent or other pathogen. (G) An arthropod. (H) A parasite. (I) A prion. (J) A vector. (K) Any organism similar to or allied with any of the organisms described in this para- graph. (14) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (15) State The term ‘‘State’’ means any of the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Is- lands of the United States, or any territory or possession of the United States. (16) This chapter Except when used in this section, the term ‘‘this chapter’’ includes any regulation or order issued by the Secretary under the au- thority of this chapter. (17) United States The term ‘‘United States’’ means all of the States. (18) Veterinary countermeasure The term ‘‘veterinary countermeasure’’ means any biological product (including an