21 U.S.C. § 152 — Importation regulated and prohibited

Page 17 TITLE 21—FOOD AND DRUGS § 154 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. APPROPRIATIONS An appropriation of $25,000 was made by act Mar. 4, 1913, for the purpose of carrying into effect these provi- sions. The appropriation for the fiscal year 1926 was by act Feb. 10, 1925, ch. 200, 43 Stat. 827. § 152. Importation regulated and prohibited The importation into the United States of any virus, serum, toxin, or analogous product for use in the treatment of domestic animals, and the importation of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treatment of domestic animals, is prohibited without (1) a permit from the Secretary of Agriculture, or (2) in the case of an article originating in Canada, such permit or, in lieu of such permit, such cer- tification by Canada as may be prescribed by the Secretary of Agriculture. (Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 832; Pub. L. 100–449, title III, § 301(d), Sept. 28, 1988, 102 Stat. 1868.) AMENDMENT OF SECTION For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Ter- mination Dates of 1988 Amendment note below. Editorial Notes CODIFICATION See note set out under section 151 of this title. AMENDMENTS 1988—Pub. L. 100–449 temporarily amended section generally. Prior to amendment, section read as follows: ‘‘The importation into the United States, without a permit from the Secretary of Agriculture, of any virus, serum, toxin, or analogous product for use in the treat- ment of domestic animals, and the importation of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treat- ment of domestic animals, are prohibited.’’ See Effec- tive and Termination Dates of 1988 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement en- ters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. 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. § 153. Inspection of imports; denial of entry and destruction The Secretary of Agriculture is authorized to cause the Bureau of Animal Industry to examine and inspect all viruses, serums, toxins, and anal- ogous products, for use in the treatment of do- mestic animals, which are being imported or of- fered for importation into the United States, to determine whether such viruses, serums, toxins, and analogous products are worthless, contami- nated, dangerous, or harmful, and if it shall ap- pear that any such virus, serum, toxin, or analo- gous product, for use in the treatment of domes- tic animals, is worthless, contaminated, dan- gerous, or harmful, the same shall be denied entry and shall be destroyed or returned at the expense of the owner or importer. (Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 832.) Editorial Notes CODIFICATION See note set out under section 151 of this title. Statutory Notes and Related Subsidiaries 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. § 154. Regulations for preparation and sale; li- censes The Secretary of Agriculture is authorized to make and promulgate from time to time such rules and regulations as may be necessary to prevent the preparation, sale, barter, exchange, or shipment as aforesaid of any worthless, con- taminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treat- ment of domestic animals, or otherwise to carry out this chapter, and to issue, suspend, and re- voke licenses for the maintenance of establish- ments for the preparation of viruses, serums, toxins, and analogous products, for use in the treatment of domestic animals, intended for sale, barter, exchange, or shipment as aforesaid. (Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 832; Pub. L. 99–198, title XVII, § 1768(b), Dec. 23, 1985, 99 Stat. 1654.) Editorial Notes CODIFICATION See note set out under section 151 of this title. Another section 1768 of Pub. L. 99–198, cited as a cred- it to this section, amended section 136y of Title 7, Agri- culture. AMENDMENTS 1985—Pub. L. 99–198 inserted ‘‘or otherwise to carry out this chapter,’’ after ‘‘domestic animals,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective Dec. 23, 1985, except as otherwise provided, see section 1768(f) of Pub.